Showing posts with label compensation. Show all posts
Showing posts with label compensation. Show all posts

Thursday, January 28, 2010

Work Place Injury: Slip and Fall on stairs or ladder --- Can You Get Compensation in Virginia?

They rush in the workplace. You go down the stairs and you miss a step or stumble and off you go. This can be a serious injury, depending on the seriousness of the case lead. Since this has happened at work, and there on company business, this should be compensable under workers' compensation law. But in Virginia, you have a problem.

It is not enough to show in Virginia that you were at work when the accident occurred. Virginia hasrejected the "positional risk" test in favor of the "actual risk" test. This means that something must have caused the case. This is something that must be a "risk" of employment. So if there is a smooth substance on the floor, or if the steps were smooth, or if the carpet on the stairs was broken or if the stairs do not have adequate lighting, or if the steps themselves were smaller than normal, or higher than normal, then the victim can identify employees in a position toneeded "real risk" associated with employment. Even if the employee was wearing something that the descent of the steps riskier than normal for the "real risk", the claim in an accident could have been converted compensable. However, if the employee simply lacks the step in a normal way up or down the stairs, then the claim is rejected because no "actual risk has been shown."

In summary, the injured worker who has fallen on a stairway or a ladder at workwell advised to discuss this incident as quickly as possible with an experienced workers compensation attorney.

This can be considered an advertisement or advertising material under the rules of professional conduct for lawyers in Virginia. This note is intended for general information only. The information should not be presented in this article are designed to be formal legal advice nor the formation of a lawyer / client relationship.

Friday, November 27, 2009

Philadelphia, PA Lawyer speaks about the compensation fund for victims of crime

An all too rare source of funds for crime victims and their families, perhaps at the time when it is needed most. Many states have a compensation fund for victims of crime.

The Pennsylvania Fund may cover medical costs, lost profits, loss of support, funeral expenses, or stole money from individuals on fixed incomes, like Social Security or a pension, betrayed, consulting fees, moving expenses, child care / home health care expenditures and crime clean up scene.The program does not cover pain and suffering or stolen or damaged property, other than reimbursement of medical stolen or damaged equipment.

The claim must be filed within two years from the date of the offense. A longer time limit applies if the victim is a child. Under certain circumstances, are family members of victims of crime to obtain compensation.

The crime must be reported to the proper authorities within three days. You need to examine together with law enforcement authoritiescrime, the courts and the Victims Compensation Assistance Program Act in the handling of the claim.

The Crime Victims Compensation Fund as a payer of last resort consideration. Payment is due by the amount of any other source, including reduced, but not limited to: health or life insurance, awards for civil lawsuits or insurance, medical assistance, Medicare, disability insurance, workers' compensation or social security.

Most claims are processed within three months, but still canmore, if the claim is very complex.

The Pennsylvania Crime Victims Compensation Act became law in 1976. This fund consists of fines and penalties assessed against persons convicted of crimes. No general tax revenues used.

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