Alpert & FellowsAlpert & Fellows2024-02-15T22:04:15Zhttps://www.alpertfellowslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1403599/2022/10/cropped-AlpertFellows-site-icon-1-32x32.pngOn Behalf of Alpert & Fellows, L.L.P.https://www.alpertfellowslaw.com/?p=476972021-11-10T16:19:17Z2021-11-10T16:19:17Zmust carry WC insurance.
Workers’ comp is a no-fault system. This means you do not have to prove that your employer, coworker or other person caused your injury to receive benefits. It also means that, in most cases, you cannot sue your employer after an injury.
However, if a third party’s negligence was to blame, you may be able to bring a personal injury claim against the at-fault party in addition to filing for workers’ comp.
How do you know if you have a third-party claim?
You may be able to file a third-party claim if an individual or entity other than your employer or another employee at your company caused your injury. Common examples of third parties that may be liable in a work-related incident include:
Property owners who fail to maintain safe premises
Manufacturers who provide faulty tools or equipment
General contractors who neglect Jobsite safety
Subcontractors who disregard safety procedures
Other motorists who injure a worker driving for job-related purposes
Why pursue a third-party claim?
If your injury is severe, you may be facing months or years of recovery, and you may have to live with a permanent disability that derails your career and impacts your relationships with family and friends.
Workers’ compensation provides repayment for tangible losses, like income and medical costs. However, WC does not offer compensation for the intangible cost of your pain and suffering. By filing a third-party claim, you may be able to recover the additional compensation you need to try to make your life whole again.]]>On Behalf of Alpert & Fellows, L.L.P.https://www.alpertfellowslaw.com/?p=476132021-08-27T19:27:07Z2021-08-27T19:27:07Zbe intentional about what you say and do going forward, starting in the immediate aftermath of the accident. If you are suffering because of the negligent or reckless actions of another person, following the appropriate course of action can help you recoup your losses and secure damages.
What’s next?
The immediate aftermath of a car accident can be shocking, especially if you are dealing with painful injuries. If you are able to do so, the following steps may prove beneficial while you are still at the scene of the crash:
Document the crash as well as you can, including taking pictures of the damage to the cars and other important details.
Get the contact information for other people involved in the accident, including other passengers or people who witnessed what happened.
Call for emergency help, and provide assistance to others as you are able. Try not to disturb the accident scene while you wait.
After the accident, you will need to seek medical treatment in order to fully understand the scope of your injuries. In the days and weeks following a crash, the following steps may be helpful:
Keep track of any medical treatment you required, including saving documentation like medical bills and more.
Follow carefully any directions given to you by your doctor.
Don’t speak about the accident publicly or agree to any settlement offer from the insurance company without knowing your options.
Think long-term
What happens after a car accident can impact you for years to come. If you believe filing a civil claim could be in your interests, quick action is critical for your success. These types of claims are time-sensitive, and acting promptly can ensure you have the evidence you need for a successful claim in the Wisconsin civil justice system.]]>On Behalf of Alpert & Fellows, L.L.P.https://www.alpertfellowslaw.com/?p=475952021-05-28T21:41:33Z2021-05-28T21:41:33ZEvery time you share the road with other Wisconsin drivers, you are vulnerable to the negligent or reckless actions of others. This means if someone chooses to drive while distracted, it places you and everyone else on the road at an elevated risk of an accident. There are different types of distracted driving, and each one affects a driver in different ways. Even if a specific action does not seem dangerous, it could have devastating consequences.Distracted driving is one of the leading causes of motor vehicle accidents. Virtually every driver has a phone, and many vehicles now come with infotainment systems that can be very distracting as well. This is in addition to other things that can be distracting, such as talking to passengers, adjusting the radio or inputting information into a GPS system. If you suffered injuries in an accident caused by a distracted driver, there are steps you can take to hold that individual accountable.
Types of distraction
Distraction can happen even if the driver’s hands are on the wheel and eyes on the road. An unfocused mind can be just as dangerous as sending a text or eating while driving. The main types of distraction include:
Manual distraction happens when a driver removes one or both hands from the wheel for any reason, such as holding a phone, drinking or adjusting a radio.
Visual distraction happens when a driver takes his or her eyes off the road, such as when reading a text, looking at a passenger or looking at a billboard.
Cognitive distraction happens when a driver is not focusing on the task at hand. This can happen when on the phone, listening to music or even daydreaming.
Any type of distraction leads to an elevated risk of an accident. A driver is responsible for any choice he or she makes while behind the wheel, especially if it causes another person harm.
Your rights as an injured party
If you suffered because of the actions of another party, you could have legal options available to you. Through a civil claim filed against the liable party, you may be able to recoup your losses and move forward after a distraction-related accident. These types of claims are time-sensitive, and it is prudent to move forward with this potential course of action as soon as possible after a crash.]]>On Behalf of Alpert & Fellows, L.L.P.https://www.alpertfellowslaw.com/?p=475922021-02-26T20:47:15Z2021-02-26T20:46:39Zdocumentation you include in your claim is critical. It is important to prepare your application well, gathering the paperwork necessary to validate your claim for benefits. Before you begin the complex and often frustrating process of applying Social Security Disability Insurance benefits, you will benefit from knowing what to do and what to expect.
Important information
There are certain types of information you will have to provide for the Social Security Administration as you apply for disability benefits, including:
Dates of all marriages and divorces
Birth dates for you, your spouse and any children
Discharge information from any previous military service
Federal income statements and bank account information
In addition to the vital information required by the SSA, you will need certain types of documentation that will prove your disability, your level of impairment and your ability to work. This may include:
Medical records
Information about prescriptions you’re taking
Dates and any paperwork pertaining to tests, hospital stays and more
Information about any previous jobs you held
Even with all of the right information and documentation included in your claim, you may still find your claim comes back denied. If this happens to you, it is not the end of the road. You have a right to continue your pursuit of benefits through the appeals process. Many initial claims are not successful.
A better chance of success
Filing for disability benefits can be frustrating, confusing and overwhelming. If you are not sure of what you should do to start this process or how you could give yourself a better chance of success, you may want to start by doing ample research into what you need for a claim. This effort can give you a better chance of getting the benefits you need on the first try. You may also find it helpful to learn more about what the SSA considers a disabling condition and how it reviews disability benefits claims.]]>On Behalf of Alpert & Fellows, L.L.P.https://www.alpertfellowslaw.com/?p=472902020-11-20T14:40:47Z2020-11-23T14:39:01Zsomething your family should take seriously. You may be unsure of what to do next and how you can possibly hold the liable parties accountable. After you care for your loved one’s emergent needs and take steps to secure his or her safety, you may want to consider moving forward with a civil claim.
The process of a nursing home case
The first step in developing a strong civil claim is to report the neglect or abuse to the proper authorities, who will then likely begin an investigation into your claims. There should be a thorough review of all the documentation and evidence you have of neglect and abuse. This may include medical records, pictures or witness statements. An attorney can help you review the evidence you have and determine if legal action is appropriate and necessary.
An appropriate standard of care
There are certain laws that protect the rights of those who live in nursing homes. Residents have the right to live in a safe environment where the staff provides them with a certain standard of care. As a family member of someone who experienced abuse or neglect in a nursing home, you have the right to take action on his or her behalf if you suspect that mistreatment is taking place.
What can you do?
A civil claim cannot undo what your loved one experienced in a nursing home, but it is a step toward claiming rightful financial compensation. This course of action is a way you can pursue justice on behalf of a family member who suffered because of abuse or negligent care.
An assessment of your case can help you understand the legal options available to your family. You can also learn more about the amount and types of damages you should fight for through your claim. It may be helpful to begin this process by speaking with an experienced personal injury attorney after you become aware of a problem in your loved one’s nursing home.]]>On Behalf of Alpert & Fellows, L.L.P.https://www.alpertfellowslaw.com/?p=472872020-11-20T14:37:38Z2020-11-20T14:37:08Zcontinue your pursuit of disability benefits. The first step is to request a reconsideration of your claim. You are essentially asking the SSA to take another look at your application and the new evidence you included. A reconsideration is typically more effective than starting the application over from the beginning, and it should include new documentation for the SSA to consider.
Why a denial?
One of the most important things you can do is determine why your claim came back denied in the first place. The SSA frequently denies claims for the following reasons:
Your disability will likely not be permanent or last for at least 12 months.
You are able to do other types of work with your particular condition.
You did not follow instructions from your doctor regarding medical treatment.
You did not include sufficient documentation in your claim.
You began working again before you could prove your disability.
Your disability could be the result of alcohol or drug addiction.
Once you understand why the claim was not successful, you can move forward with the reconsideration process.
What should you include?
You will need to include new evidence and medical documentation when you request the SSA to reconsider your claim. Some of the things that may be helpful include additional medical findings, more details about your medical history, lab findings, a new diagnosis and more. You have 60 days after receiving the notice of the denied claim to move forward with the next step.
Do you need help?
The SSA evaluates claims based on a very strict definition of disability. It is relatively common for initial claims to come back denied. Working with an experienced attorney can give you a better chance of a successful claim the first time and provide you with the guidance you need in case a reconsideration is necessary. Before you apply or request this, you may want to seek an assessment of your case and explanation of what you can expect from the disability claims process.]]>On Behalf of Alpert & Fellows, L.L.P.https://www.alpertfellowslaw.com/?p=472842020-11-18T00:08:55Z2020-11-18T00:08:55ZAverage amount: $1,258 in December 2019
The Social Security Administration’s recent annual statistical report -- released in October 2019 – disclosed that U.S. workers who obtained SSD benefits received nearly $1,258 per month. Here is a summary by age, sex and amount regarding SSD benefits received by disabled workers in December 2019:
Under 25: $680, men; $663, women
Ages 25 to 29: $787, men; $771, women
Ages 30 to 34: $910, men; $864, women
Ages 35 to 39: $1,016, men; $959, women
Ages 40 to 44: $1,113, men; $1,029, women
Ages 45 to 49: $1,216, men; $1,075, women
Ages 50 to 54: $1,310, men; $1,108, women
Ages 55 to 59: $1,422, men; $1,145, women
Ages 60 to 64: $1,553, men; $1,196, women
Ages 65 and older: $1,609, men; $1,218, women
Focusing on your health remains your priority now that you can no longer be able to work. Understand that SSD benefits are available as long as you qualify for them. And that you will gain some peace of mind knowing that you will be able to provide some financial help to your family.]]>On Behalf of Alpert & Fellows, L.L.P.https://www.alpertfellowslaw.com/?p=472152022-10-10T05:32:26Z2020-06-09T15:33:52ZMany thought their insurance coverage would hold them over
Despite the effects of the pandemic and orders from governors across the country, many owners were nervous, but slightly optimistic. That’s because many thought their coverage would provide a temporary financial band-aid, allowing them to pay the bills and compensate workers. However, that wasn’t the case for everyone, as countless insurance companies denied their claims.
As a result, many small businesses across the country have joined federal lawsuits in an attempt to get the coverage they need. Some are even requesting extra damages from their insurance companies for breach of contract and acting in bad faith.
Questions over whether pandemics are insurable
In many cases, insurance companies have tried to argue that pandemics are simply uninsurable. They claim a virus does not cause physical damage like fires, windstorms or gas leaks do. And since many government-imposed shutdowns didn't target specific businesses, they don't count as "civil disturbances" that can usually activate policy coverage.
However, others say the physical damage argument doesn’t hold up. That’s because some believe microscopic viruses that can travel from person to person count as physical damage, hence why allowing customers inside could put them at risk.
Small businesses deserve the coverage they pay for
If businesses have learned anything during the pandemic, it's that many insurance companies will do anything they can to save money. Even if it means the entities they serve have to close their doors. If owners find themselves in this situation, they may benefit from the assistance of a trusted legal partner.]]>On Behalf of Alpert & Fellows, L.L.P.https://www.alpertfellowslaw.com/?p=472042020-03-24T18:46:32Z2020-03-24T18:46:30Zdon't have enough insurance protection to adequately compensate you in the event that they cause a crash.
What does Wisconsin require from drivers?
The whole point of carrying a motor vehicle liability insurance policy is to protect a driver from the legal and financial liability and other people from getting into a crash that produces expenses they cannot pay.
Typically speaking, the driver who caused the crash will be the one whose insurance covers the costs related to injuries or property damage. You could find yourself relying on the coverage purchased by someone else to protect you from the costs associated with property damage and medical expenses, as well as lost wages and other costs you've suffered due to the crash.
Regarding property damage, a driver only needs to carry $10,000 worth of liability protection. For medical liability, the Wisconsin requirement is $25,000 worth of protection for an accident with one injured individual and $50,000 worth of coverage for a crash that hurts two or more people.
Your insurance policy can help close the gap
Those amounts of coverage could be woefully inadequate. Especially if there are multiple people who get hurt or if the injuries someone suffers are more significant, such as brain injuries or spinal cord injuries, the cost could well exceed the available insurance coverage.
Instead of trying to simply minimize the costs associated with insuring your vehicle, it may be a smarter strategy to try to maximize your protection. After all, if you're already paying for it, you might as well get as much as possible for your money. Adding underinsured and uninsured driver covered can help you if someone else causes a crash and doesn't have enough insurance to fully protect you. If you don't have that coverage, a personal injury lawsuit may be another option.]]>On Behalf of Alpert & Fellows, L.L.P.https://www.alpertfellowslaw.com/?p=460382022-11-09T23:14:52Z2019-12-13T17:33:37Zdenies nearly 70% of applications for Social Security Disability Insurance (SSDI) on the initial claim. This means you’ll more than likely have to navigate the appeals process if you want to get benefits.
Appealing benefits
Looking for disability benefits can be a long and frustrating process, but there are steps you can take to progress after a denial:
Apply for reconsideration: The first step of an appeal is usually asking the SSA to take another look at your case. A medical consultant and examiner that weren’t involved in the initial decision will typically take your claim under review.
Request a hearing: If you need to progress to the next step, you’ll need to seek an audience with an administrative law judge. At this time, you might be able to request more details about your claim and also provide additional information for the judge to consider.
Stand before the Appeals Council: In the event that a judge doesn’t rule in your favor, you may be on to the Appeals Council for further review. The body can dismiss your application if it agrees with the judge, or it will levy a decision to grant or deny if an examination does take place.
File suit in federal court: Once all of your other options are exhausted, your last resort is typically filing a lawsuit in federal court. A judge here may rule in your favor, or send your claim back to the SSA for further consideration with instructions.
Getting the help you need isn’t always easy, but it might be possible with a few extra steps. Knowing what those steps entail could be crucial for getting the assistance you deserve.]]>