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Why was your workers’ comp denied? 5 common reasons

Worried that your workers’ compensation claim is going to be denied, even though you feel like you absolutely deserve it? This does happen to employees all year long, and many are as surprised as you’d be if it happened to you. The key is to know why these denials happen so that you can work to avoid them. Below are five common reasons. The injury happened on the job, but it wasn’t work-related. For example, your spouse comes to visit you at lunch, and he or she accidentally trips you in the parking lot. You fall and break your wrist. The doctor you chose wasn’t within the proper network. You might have to go to another doctor, even if it’s not your primary option. You didn’t report it fast enough. If you try to report an accident that happened two months ago, officials may be skeptical that you were even injured at work in the first place. Always report accidents immediately. Your condition existed before you got the job. For instance, you claim that your job caused you to lose your hearing, but medical records showed you already lost your hearing before you were hired. You don’t tell officials and doctors everything that happened. It’s important to be open and honest, ensuring that all of the facts get out in the open. This way, an accurate assessment can be made. If you do wind up getting denied, make sure you know what legal options you still have. In some cases, simple mistakes — like not providing complete information — can be rectified.

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5 reasons workers’ compensation gets denied

Confused about why your workers’ compensation claim got denied? Or perhaps you’re thinking about filing and you just want to make sure it is going to go through before you do. Either way, here are a few common reasons for denials: You got hurt, but you were not at work at the time: If you injured your back lifting something heavy at your house and then waited to come in to work so that you could “injure” it on the job, you may get denied. Horseplay was involved, or you were being careless: Your employer may not want to pay if you clearly caused the injury because you were not being safe. You waited too long to file the claim: You want to move pretty quickly after the injury. If you put it off for a year and finally decide to file, it’s a problem. You cannot prove that you actually got hurt, or at least that it happened on the job: Your employer may contest that you are simply making up the injury. You never got medical treatment: Workers often try to tough it out or just heal at home. Remember, having medical records that show you got injured and then went in for treatment really helps your case. Even if you do not think it is an emergency, it may be worth that trip to the doctor just for those records. If you do get denied, or if you already did, do not give up. Just make sure you know about all of the legal options you still have available to you. Source: Find, “Workers’ Comp Denied? Here Are Your Next Steps,” accessed May 04, 2018

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What injuries occur inside or around homes?

If you were to ask most individuals where they’re most apt to get injured, they’d tell you out in public in a parking lot, at the restaurant or on a playground. It’s unlikely that they’d mention the home as the place that they’d be at most significant risk of harm. Certain dangers exist that put individuals most at risk of getting hurt at home as opposed to in public though. Pools are one of the most dangerous areas in or around homes. Children who are left unattended may find themselves attracted to jump in the water. It doesn’t have to be that deep for them to drown either. Individuals who are fortunate enough to survive falls into pools often suffer severe brain damage. Most people don’t survive drownings though. Another common reason why individuals are hurt at home is due to fires, whether house or outdoor ones. Other burn injuries come from individuals making contact with scalding hot liquids or surfaces. While many individuals can recover from relatively minor burns in time, others are left with disfiguring or disabling injuries. Some individuals suffer such serious infections from their burn injuries that they die. Poisonings commonly result in household injuries. These types of incidents frequently occur after a child gains access to prescription drugs or cleaning chemicals that were left within their reach. Many individuals who consume these substances maybe not experience any lingering effects from doing so if they’re treated right away. Many people aren’t as lucky though. They’re left with permanent damage or die as a result of their consumption of toxic substances. The final common household incident that results in injuries is slips and falls. These types of events often occur because an area is too cluttered or poorly lit. These incidents can happen when an individual falls while performing work around the home on a ladder or because there’s uneven pavement around the home. If you think about the number of visitors that you receive in your Waco home on an annual basis, then you’ll likely be able to identify many of them. You likely have neighbors, friends, relatives, cleaners, babysitters, utility service people and others that visit your home each year. If you get hurt while visiting someone else’s home, then a premises liability attorney can help you recover the compensation that you need to cover your medical costs and related expenses here in Texas.

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A Waco realtor and her client are attacked by 2 dogs

A Waco realtor and her male client are both recuperating after having been attacked by two dogs during a home showing at on Dec. 29. The Better Homes and Gardens Real Estate-Edwards and Associates realtor had previously met with the prospective buyers and was showing the home to them one final time. She went to open the door to the house’s detached garage and the homeowners’ two Pitbulls attacked her. A police report reflects that the prospective male buyer attempted to step in between the realtor and one of the dogs and that he was attacked when he tried to do so. He lost an ear in the incident. Photographs released by the realtor show her arms and legs with large, open gashes on them. Emergency responders rushed both victims to a nearby hospital. One of them underwent emergency surgery once they arrived there. Animal control hauled the two dogs away. The homeowner initially said that he’d never had any trouble with his dogs’ behavior. He later conceded that his neighbors had rounded up his dogs in the neighborhood when they’d broken free before. The homeowner alleges that he previously told the realtor about the dogs being in his garage. The homeowner notes that he feels like he did his due diligence to warn the real estate agent of any potential dangers. He noted that he understands how he’s responsible for his dogs’ actions though. One of the many reasons that homeowners are encouraged to take out homeowners’ insurance is to protect their house if anything happens to it. Another reason that they’re encouraged to do so is in case an incident like this happens on their premises. This type of coverage can at least minimize the out-of-pocket costs that a homeowner would otherwise have to pay if they didn’t have insurance. There are many types of injuries that you may suffer while visiting someone else’s home or place of business. A child may wander into an unmonitored pool. You may slip and fall in someone else’s icy or wet driveway. Dogs may attack. An attorney can advise you of your right to sue a Texas property owner if their negligence led to you getting hurt.

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What is repair and deduct?

You’re not sure what to do. Your rental house is unsafe. Repairs need to be made, and your landlord won’t do it. Calls and letters are ignored. What now? You may be able to use the repair and deduct tactic. This isn’t right for every case, but it can be a way to force your landlord to act and to keep yourself safe, repairing the home before an injury occurs. All you do is make the repairs without waiting for your landlord. Track all of the costs and keep written records so that you can prove it. Then deduct those costs from your next rent payment. For instance, maybe you pay $2,000 per month for your home. You bring in a handyman to make the repairs, and he charges you $1,500. The next time rent is due, just pay $500 and provide your landlord with a list of costs. There are a few things to remember about this. First and foremost, you can’t repair anything this way. The issue has to make the house uninhabitable or be discussed in the lease. This creates a legal duty so that the landlord has to fix it. Minor issues don’t count. The other thing to remember is that you still need to ask the landlord to make the repairs first. Keep written logs of those requests. Repair and deduct can’t be your first option. When you have a negligent landlord and you’re forced to live in an unsafe home or apartment, injuries are likely. If you’re hurt before repairs are made, you need to know what legal options you have to get financial compensation for your medical bills. Source: FindLaw, “How Does a Tenant Use Repair and Deduct?,” accessed Sep. 19, 2017

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Loose clothing and machines do not mix

It is very important for those who work around heavy machinery to know the safety hazards that come along with wearing loose clothing. It should always be avoided when there is even the slightest risk. The problem is that loose clothing items can often get caught in the machines, potentially causing severe injuries. For instance, one man was working near a tractor, digging holes, while wearing a jacket. That jacket got snagged in a spinning bolt on the tractor. He was dragged into a hole and crushed before anyone could turn the tractor off. His injuries were so catastrophic that he died before emergency crews could take him to a hospital. Potential hazards include things like: Long hair Shirts that are not tucked in Loose shoelaces Unbuttoned jackets Long ties Loose pants Necklaces and bracelets It is important for companies to inform workers about the types of clothing they should wear around these machines, and they may even want to have a specific dress code or a company uniform that helps keep them safe. Signs should be posted near the machines to reinforce these warnings, and supervisors should never encourage employees to use heavy machinery if there is a risk that they could become entangled. When there are no warning signs or safety protocols, serious injuries could take place, and workers could even be killed. It is very important for them to know all of their legal rights to compensation. When workers tragically pass away, their families also need to look into the legal options they have in the wake of the accident.

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How is liability determined if I get hurt on another’s property?

One of the reasons that Texas business owners take out liability insurance is in case a slip-and-fall, dog bite or some other type of injury or incident occurs on their premises. If they didn’t have such coverage in place, a settlement awarded in a victim’s favor could easily bankrupt them. If you’ve been hurt on someone else’s property in Waco, it’s likely that you wonder if you can hold them accountable for the injuries that you received. While most every property owner has a responsibility to keep their premises safe so that no one gets hurt, whether you can hold them liable if you get hurt depends on what you were doing there in the first place. Individuals who are customers at a store are generally referred to as “invitees.” Since they’ve been given a figurative invitation to visit the property, there’s an implication that the owner has taken the necessary steps to make it safe for visitors. A ‘licensee” is someone who visits a property with the consent of an owner for their own purposes. A “social guest” is a person who has been welcomed to visit a property. A “trespasser” is someone who is on the property without permission or invitation. In the case of the latter, there’s no implication that the the owner has made any attempt to make the property safe. Provided that you were someone who was invited or welcomed to a property, in determining liability, it also matters how the property is generally utilized. If visitors frequent the location, then it’s likely that an insurance adjuster will attempt to to see how foreseeable it was that an accident causing an injury would occur. If the property owner made an attempt to warn visitors of a potentially hazardous situation or to make repairs, they may be able to avoid being held liable for an injured victim’s medical bills and other costs. Slip-and-fall and other injury accidents are handled much like car crashes. Filing a lawsuit doesn’t have to be your first course of action, but if the negligent party is unwilling to accept liability for what occurred, pursuing litigation may be necessary. A premises liability attorney can help you recover compensation for injuries caused by others on their property.

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A Waco man falls off a dock on Baylor’s campus, sues for damages

A 43-year-old Waco resident filed a lawsuit against both Waco River Safari and Baylor University late last week in the 414th State District Court. He alleges that he suffered permanent injuries after falling into an on-campus river. The victim and his wife had apparently traveled to Baylor University’s McLane Stadium on April 27 to take a tour of the Brazos River. They were walking down the dock to their Waco River Safari boat when a young boy crossed paths with the 43-year-old blind victim. He sensed that the child was nearby, so he stepped aside so he could pass. When he did, he fell off the dock and to the bottom of the river. He then blacked out. He’s now left with lasting injuries to his left eye, psychological damage and a broken right leg. In his lawsuit, he chronicled how his medical treatment is still ongoing. In his filing, he pointed out that the dock leading to the boat lacks any railings to prevent accidents like this from occurring. He also highlighted how there aren’t any signs in the area warning customers of how very few people should be on the dock at any one time. There’s nothing there pointing out how dangerous it is for individuals to pass each other on it either. The plaintiff and his attorney argue that the design of the dock violates existing city of Waco ordinance because it’s inadequate and in an unsafe condition. He also pointed out that its design violates the International Building Code guidelines that the state of Texas requires contractors to follow. He notes that he included Baylor University as a defendant in this case because they own the property where the incident occurred. He points out that they knew that the deck “posed an unreasonable risk of harm” but failed to do anything to remedy it. The plaintiff has requested $1 million in damages from both parties to compensate him for his mental anguish, physical suffering and pain, disfigurement and other related expenses. It’s unclear when the next hearing in the matter is scheduled for. It’s the responsibility of property owners to keep their premises reasonably safe for their visitors. If they fail to do that, then they may be sued for negligence. An attorney can review the details of your case and let you know if you qualify for compensation for your injuries.

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Signs of a brain injury after a workplace accident

A brain injury is one of the most serious injuries you can suffer in a workplace accident. Remember that you may think you are fine immediately after the incident — a fall from a ladder, for example — because brain injury symptoms do not always become apparent for hours or even days. So, what symptoms should you watch out for? A few of the most common ones include: Headaches, especially if they will not stop even with medication A decreased level of consciousness; for instance, if you fall asleep, it may become very hard to wake you back up Vomiting and a general feeling of nausea. Experiencing double vision Having an unequal dilation between your pupils Trouble finding the right words or slurred speech General weakness, especially in the legs, face or arms. Issues keeping your balance A ringing sound in your ears Feeling dizzy or lightheaded Loss of major senses, such as smell or taste. You may also experience a bad taste in your mouth with no apparent cause Mood swings. In the worst cases, your personality may change drastically Extreme sensitivity to external stimuli, such as sounds and lights Feeling far too easily distracted and unable to concentrate These are just a few of the potential signs and symptoms that you may experience. The important thing to remember is that brain injuries are incredibly serious. If you believe you have one, you must seek medical attention as soon as possible. In addition, you want to make sure you know all of your legal rights to workers’ compensation for your costs and lost wages.

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Rushing and hurried working lead to serious risks

Do you feel like you are constantly rushing to get your work done? You’re not alone, and safety experts point out that this endless “hurried working” can massively elevate risks and lead directly to injuries. They also point out that many people say, after the fact, that the reasons they were rushing were not all that important. They seemed important before, but, after someone ends up in the hospital with serious injuries, they seem trivial. For instance, two men were working to clean up on the job. They worked in a warehouse, and one man prepped containers with a label before the other man picked them up with a forklift and put them away. The problem is that they had decided they wanted to get the whole job taken care of before it was time for their lunch break. The man doing the labels was too slow, so the man driving the forklift kept rushing and yelling at him to hurry up. He got dangerously close to the other man. He drove faster and faster, even in the enclosed space. Predictably, it eventually led to an accident when another worker came into the area and got hit by the speeding forklift while the driver was busy looking at the man putting the labels on the bins. What was the point of those dangerous decisions? They had made an arbitrary deadline. They could have adjusted their expectations and come back to finish after lunch, but they instead tried to hurry through for no reason and put other workers in danger. Have you suffered a serious injury on the job? Make sure you know all of your rights to workers’ compensation. Source: Safteng, “Hazards of Rushing,” accessed June 01, 2018

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