Is a Lawyer Required for Every Workers Comp Claim?

The overall purpose of the workers compensation laws in Pennsylvania is to provide a means to ensure workers are fairly compensated for the expenses associated with workplace injury, without identifying blame for an accident. As such, many workers can obtain immediate medical attention after an injury at work as soon as the employer is notified of the accident. It is common for a worker who requires basic medical attention for relatively minor injuries to receive full care without ever completing a claim form or paying a bill.

Unfortunately, not all workplace injuries are straightforward. Many involve serious injuries that require extensive time away from work. When injuries are significant to severe-or in cases where claims are not considered valid-injury victims need the help of a Pennsylvania workers comp lawyer.

When a lawyer may be needed

The following are just a few examples of cases when an injured worker may need experienced legal assistance to help with a claim:

Denied claims. Your employer or the insurance company may deny your claim if they believe it to be invalid. In fact, state law does define claims to be invalid under certain situations-such as if they believe your injury was intentionally self-inflicted, or you were engaged in illegal activities (use of illegal drugs is a common allegation). Although the burden of proof is on the parties making these allegations, you need an experienced workers comp attorney to ensure your rights are protected.

Reduced claims. While the fact of your accident may not be denied, your employer or the insurance company may only approve a portion of the expenses cited in your claim. Skilled workers comp lawyers can help you collect the evidence required to prove the full value of your claim and either negotiate a fair settlement or appeal the decision.

Occupational injuries and illnesses. Not all workplace injuries are the result of a specific accident. Many employees-from office workers with repetitive stress injuries to laboratory workers exposed to toxic chemicals-develop their conditions over time. State workers comp law provides a complex set of schedules that identify covered conditions. You typically need a skilled attorney to navigate the rules and develop a case that proves your claims to be valid under the law.

The bottom line is that anyone experiencing problems with a claim or uncertain of how to proceed should seek advice from an attorney specifically experienced in Pennsylvania state law. In many cases, an initial consultation is free, after which many attorneys operate on a contingency fee basis. You pay no legal fees unless you receive compensation for your case.

The Different Profiles of a Business Litigation Lawyer and a Contingency Lawyer

All types of businesses have dangers and laws governing them, whether or not the business is newly established or has been current for a long time. A business litigation lawyer helps businessmen to solve legal issues associated to their public, civil, and personal dispute. The term litigation is used to explain authorized proceedings concerned in fixing controversy of regarding two parties or more. There are situations whereby your authorized rights as a businessman aren’t protected and you would have to use authorized action to sue that other social gathering concerned. In instances like this, having a superb business litigation lawyer is necessary.

When choosing the proper business litigation lawyer for your business transactions, it’s critical that you simply verify his or her agency’s background and the business litigation lawyer’s previous record. The complication in business transactions nowadays makes it crucial that you hire an knowledgeable business litigation lawyer. A majority of these lawyers are efficient in analyzing your business field and its functions. These professionals have the capability of handling contracts, negotiations, and preparations. A business litigation lawyer knows and understands the regulation, the rules, and the regulation of the federal authorities and state securities.

They are additionally geared up with ability in understanding buy and sell agreement between business parties; they will deal with business disputes, each civil and criminal. A business litigation lawyer may have expertise in trademarks of various business organizations which will always work to your advantage.

Hiring a business litigation lawyer requires trust since issues about your business transactions will be revealed with great indiscretion. It is best that you just look for many who have previous expertise with someone you already know so that you know the lawyer can be trusted.

Then again, a contingency lawyer is one who does not charge per hour fee. The contingency lawyer only asks for a proportion of money concerned in the case provided that the case is won. In case you don’t have sufficient funds, or are suing however do not have enough means to assist courtroom trial price and lawyer’s fee, you can search for a contingency lawyer. The benefit of this is which you could proceed with your case with no need to make loans to help monetary expenses.

The quantity or the share taken by the contingency lawyer would rely upon the complexity of the case, the risk involved in the matter, and naturally the cost spent in pursuing the case similar to courtroom submitting charges, witness fees, physician’s record, etc. Generally, about 20 to forty five % of the shopper’s restoration sum is taken by the contingency lawyer, though it varies from states to states. It’s only a matter of realizing the place to go and who to talk to.

The one disadvantage of hiring a contingency lawyer is that the amount charged or taken in the long run of the case is manner higher than their per hour fee, nonetheless if the judgment of the courtroom is against your aspect you then wouldn’t have to pay for a single cent to your contingency lawyer. If you consider it, in this state of affairs a contingency lawyer will have to do his finest to win the case or else he won’t receives a commission in any respect, so the probabilities of successful your court case can be larger!

Stress, Anxiety, and Substance Abuse as a Cause of Impairment in Lawyers

“One of every four lawyers suffers from stress, and out of 105 occupations, lawyers rank first in depression. In addition, a disproportionate number of lawyers commit suicide. These are some of the troubling conclusions that can be found in various studies of addiction and depression.” Reports Robert Stein, ABA Executive Director, in the June 2005 issue of the ABA Journal.

The costs of stress, alcoholism, and drug abuse is very high for the legal profession. The American Bar Association and all state bar associations have provided “lawyer assistance programs” that can help to treat “impaired” lawyers. Most of these programs also address the issues of clinical depression and disorders related to gambling, sex, and eating.

If you do not realize the significance of this troubling situation, consider being represented in your important legal matters by an impaired attorney. It could cost you thousands of dollars or even your freedom if you or your interests are not protected by competent legal professionals. In the state of California, there is a requirement for Continuing Legal Education (CLE’s) which includes a minimum of 1 hour every 3 years on stress management or substance abuse for all licensed, practicing lawyers to maintain their license to practice law.

The practice of law is inherently stressful. Much of the time lawyers find themselves battling with other legal professionals for their clients best interests. Trail lawyers must think quickly and communicate with precision and skill in the courtroom. Corporate lawyers must be concerned with legal details that require focused attention and great care. The competition to be successful as an attorney can lead to stress, anxiety, depression, and substance abuse.

People preparing to become attorneys often struggle with stress in law school and in the multi-day testing that is required to “pass the bar.” The stressful issues that can begin in law school can set up future practicing attorneys for bad habits in coping with the stress and anxiety of the profession. Some law schools offer coursework for life skill management to better prepare their students to be able to perform at the highest level for their clients and for their quality of life.

Because lawyers are trained to be precise and use their cerebral abilities for day to day work, they are often in denial regarding the needs for stress and anxiety management until bad habits are established or symptoms cause significant challenges. Even managing general partners in major law firms have great professional and personal concerns regarding “impairment” within their organizations. An accidental mistake or oversight can open a law firm to their own costly law suits for malpractice. Many concerned managing partners are requiring that their attorneys practice preventive measures to control stress, anxiety, and depression. This can be found in group trainings, EAP’s or individual coaching. Coaching can also offer enhancements to time management, improved communication skills, and long term career planning. An interesting and unexpected benefit to this training and coaching is that this preventive work can actually save lawyers time and energy by helping to minimize the impact of distractions due to stress. This improves performance and can help to increase profitability. Key personnel are important assests and professional coaching or mentoring programs have huge cost benefits.

Everyone, even lawyers, require professional assistance to get through the difficult periods. Lawyers just seem to require more attention as they work to survive, at the highest functioning levels, in the “meat grinder” of their professional life. Most people who know practicing attorneys know that their attorney family members or friends can benefit from a sense of humor and better stress management. In increasing frequency, law firms are using retreats to help de-compress and then get down to business planning.

More information can be found in the article by Robert Stein at
http://www.abanet.org/legalservices/colap/ABAJournal200506_Help.html