McDonald & MacGregor, LLCMcDonald & MacGregor, LLC2024-03-13T15:53:36Zhttps://www.mmmmlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1500703/2020/12/cropped-MMLaw-siteicon-512px-32x32.pngOn Behalf of McDonald & MacGregor, LLChttps://www.mmmmlaw.com/?p=2373622024-03-11T15:55:50Z2024-03-13T15:53:36ZHow can you tell if a settlement is right for you?
Analyzing a settlement offer can be tricky to do. Here are some pointers that might help you make the decision that’s right for you:
You need to know the true extent of your damages, both economic and noneconomic, before you can determine if a settlement offer is appropriate.
You should never accept the first offer, as there’s always room for negotiation.
You need to consider the risks and rewards of taking your case to trial, which will require that you understand the strengths and weaknesses of your evidence.
You should recognize that there are financial supports out there to help you cover your expenses while your case plays out, which might include asking your hospital for a lien, turning to family and friends, or seeking out a lawsuit loan.
You shouldn’t decide on a settlement offer until you’ve analyzed these issues. Only then can you make the decision that best protects your interests.
Craft a legal strategy that drives toward the outcome you deserve
You need a litigation strategy that aggressively pursues the compensation you deserve. That might mean holding firm during negotiations or advocating for your position in court. Either way, you need a strong game plan going into your case.]]>On Behalf of McDonald & MacGregor, LLChttps://www.mmmmlaw.com/?p=2373612024-03-06T11:24:07Z2024-03-01T11:22:56Zforensic engineering. Forensic engineers use the skills of their profession to study and analyze evidence gathered at the scene of an accident to explain the cause of the accident and answer the question “Who was at fault?”
The basics
The engineering team assigned to investigate the accident first visits the scene of the accident to make a thorough and detailed inventory of the evidence. They will note the position of the vehicles and any victims that were found outside the vehicles.
They will observe and measure skid marks both on the roadway and in the turf adjacent to the road. They will also note any damage to roadside structures such as traffic and speed limit signs, commercial signs and structures, guardrails, and the like.
Most forensic engineers will also make a detailed photographic record of the scene using modern digital equipment. The investigators will also interview any witnesses, including victims that are not incapacitated by their injuries.
In-office investigation
In that portion of the investigation that is rarely seen by the public, the investigators will use resources in their laboratory, such as downloading information from the Electronic Control Module on the vehicles that are equipped with this device (the device is commonly referred to the “black box” in aircraft accident investigations). The investigators will also consult the several reference works they own for information on the impact resistance and similar properties of various automotive designs.
The reconstruction
Most accident investigators own computer software that can use the data gathered from the accident to recreate an animation of the accident that can graphically demonstrate the pre-accident and post- accident movements of all vehicles. These animations are frequently used in trials to provide a clear narrative of the accident.
Many police departments have set up their own accident reconstruction teams, and many private engineering firms offer similar services. If the case goes to trial, the computerized reconstruction will be a crucial portion of the evidence presented to the jury.
]]>On Behalf of McDonald & MacGregor, LLChttps://www.mmmmlaw.com/?p=2373582024-02-14T22:15:50Z2024-02-14T15:58:10Z7 out of 100 drivers are using their cell phones while trying to operate their vehicles.
While some of this usage may involve hands-free equipment, a cell phone call or an audio text still takes some of the driver’s mental attention away from the road.
Moreover, many people will hold their phones in their hands or fiddle with them while they are driving, taking their eyes off the road and hands off the wheel for several seconds at a time.
The III believes that the problem of distracted driving is getting worse year over year. According to the III, one organization observed a 30% increase in the frequency of distracted driving per mile driven.
Not surprisingly, more distracted driving translates into more serious or even fatal motor vehicle accidents.
For its part, the insurance industry is hopeful that new so-called telematics programs will discourage distracted driving.
Basically, telematics can use modern technology to measure whether a motorist is using their phone and driving. Insurance companies use this data to detect and effectively punish distracted drivers with higher insurance premiums.
Injured Scranton-area residents may hold distracted drivers accountable
Pennsylvania has laws which prohibit texting and driving. These laws allow police to pull over a driver if the officer notices the driver is texting on their phone, even if the driver is otherwise following the law.
In addition to being easier to enforce, this law also can help injured victims of distracted drivers.
If a person involved in accident gets cited for texting and driving, the accident victim may have an easier time establishing that the distracted driver is legally responsible to pay compensation to the victim. The victim can hold distracted drivers accountable for paying medical bills, lost wages and other damages.]]>On Behalf of McDonald & MacGregor, LLChttps://www.mmmmlaw.com/?p=2373572024-01-30T19:48:20Z2024-01-30T19:48:20Zgeneral guidelines and exceptions related to lunch break injuries and workers’ compensation in northeastern Pennsylvania.
Defining workers compensation
In Pennsylvania, employers are legally obligated to secure workers’ compensation insurance, either through private carriers, the State Worker’s Insurance Fund or by self-insuring. Covered benefits encompass medical expenses, wage loss benefits, specific loss benefits and death benefits.
Unlike personal injury claims, workers’ compensation claims do not demand proof of employer fault. However, the crucial requirement is demonstrating that the injury occurred while the employee was engaged in job-related duties and that the cause of the injury is linked to a work-related risk.
Coverage for lunch break injuries
Generally, injuries sustained during lunch breaks are not typically covered by workers’ compensation unless they transpire on the employer’s premises or while the employee is performing a task benefiting the employer. Lunch breaks are regarded as personal time outside the scope of employment. Nevertheless, exceptions exist.
On-premises injuries
If an employee remains on the employer’s premises during lunch break and sustains an injury, eligibility for workers’ compensation benefits may apply. Courts in Pennsylvania have recognized that employees on-site during lunch breaks are still contributing to the employer’s business. For instance, injuries in the break room or due to a malfunctioning microwave may warrant a valid workers’ compensation claim.
Workers whose job involves constant travel away from a fixed work site may be eligible for workers’ compensation benefits for injuries during travel time, including lunch breaks. For instance, a salesperson involved in a car accident while driving to a restaurant may have a valid claim.
Filing a claim
If you were injured during a lunch break and believe you have a workers’ compensation claim, you can file a claim. First, report the injury to your employer. Notify them in writing within 120 days of the injury. Second, seek medical attention. Visit an approved provider, often designated by the employer, for the first 90 days of treatment.
Finally, file a claim petition. If the employer denies the claim or fails to provide benefits within 21 days of notice, file a claim petition with the Bureau of Workers’ Compensation. Understanding the nuances of coverage for lunch break injuries is crucial for Pennsylvania workers seeking benefits.]]>On Behalf of McDonald & MacGregor, LLChttps://www.mmmmlaw.com/?p=2373562024-01-22T10:49:35Z2024-01-24T10:48:48Zpersonal injury case.
How can you better deal with the realities of your car accident injuries?
Getting through your recovery is going to be tough. But there are some steps that you can take to make the process a little bit easier on yourself. This includes doing the following:
Figure out how to manage anxiety: With so much uncertainty swirling around you after your car accident, you need to find a way to tamp down the anxiety that you’re feeling. This could include learning breathing and muscle relaxation techniques, implementing meditation, and exercising mindfulness. Your mental health professional can give you other ideas for mitigating the anxiety that you’re feeling.
Find support: You’re going to feel the entire spectrum of emotions as you navigate your accident recovery. That’s a lot to bear on your own. Therefore, you should seek out support from both a physical and an emotional standpoint. There’s certainly no shame in seeking help, and discussing your accident or how you’re coping with it can help you process your emotions and better deal with them.
Engage in healthy habits: Getting plenty of rest, eating right, and exercising can ease stress and energize you to face the challenges ahead. Try to refrain from substance use, as this only leads to problems, leaving you feeling worse and potentially slowing or stalling the recovery process.
Educate yourself on post-traumatic stress disorder: A lot of car accident victims end up experiencing post-traumatic stress disorder. This condition can be overwhelming if you don’t know how to handle it, which is why it’s critical that you know how to identify the signs and symptoms of PTSD and what you can do to effectively treat it.
Set realistic goals: Your recovery might feel slower than you’d hoped, but that’s okay. By setting achievable goals, however small they may be, you can gain momentum and motivation in your recovery. This can push you closer to where you want to be. If you discourage yourself or set unobtainable goals, then you’ll find yourself blanketed in negativity and self-doubt. You don’t need that in your life.
Don’t overlook the role legal action can play
While the steps mentioned above can certainly be helpful in coping with the aftermath of a serious car accident, a personal injury lawsuit can also give you peace of mind and hope for the future. Also, knowing that your case is in good hands can reduce the stress associated with litigation, thereby allowing you to focus on yourself and your physical and psychological recovery. So, even though times are tough, we encourage you to explore the best way for you to take the action needed to recover the compensation you deserve.
]]>On Behalf of McDonald & MacGregor, LLChttps://www.mmmmlaw.com/?p=2373552024-01-18T07:18:51Z2024-01-18T07:18:51Zworkers’ compensation system in Pennsylvania.
Workers’ comp basics
For starters, almost all workers in Pennsylvania are eligible to receive workers’ compensation benefits if they suffer an on-the-job injury or illness, although there are a few exceptions. Determining your eligibility for these benefits is the first step. Next, in most cases, it doesn’t matter how the injury occurred – if it occurred while you were working, it is most likely an eligible injury. Again, there are exceptions. For example, if the injury was self-inflicted or occurred while the worker was under the influence of drugs or alcohol, then the injury might not be covered.
Next, in order to get workers’ compensation benefits, you have to go through the proper procedure. The injury must be immediately reported to your employer. Then, the claim for workers’ compensation benefits can be evaluated.
Complexities of a workers' comp claim
Like almost all government-run programs, there are complexities and nuances to the workers’ compensation system in Pennsylvania. If you 6have suffered an on-the-job injury, be sure to get the right information about your own unique experience and the available options.
]]>On Behalf of McDonald & MacGregor, LLChttps://www.mmmmlaw.com/?p=2373542024-01-09T10:32:53Z2024-01-03T09:54:15Zadvanced a bill that would address misclassification. Workers who might be impacted by this treatment should be up to date on its progress.
Two bills are under discussion
The Pennsylvania House of Representatives and the Senate have both put forward bills to address worker misclassification. The debate is based on how far the new protections should go with concerns as to how it will affect employers and employees.
One thing is certain: employee misclassification is a troubling tactic used by some construction contractors. Independent contractors are not granted various benefits that employees receive. In addition to not getting workers’ compensation if they are injured, they do not receive unemployment benefits.
Employers can save significant money if they are not paying for workers’ compensation insurance. Some workers are not cognizant of their rights or are fearful of losing the job if they complain about these types of illegal behaviors.
A legislative report found that more than 250,000 workers in the state were misclassified. Around 11,000 did not receive workers’ compensation they otherwise might have gotten had they been classified accurately.
Workers’ compensation can be critical for injured workers
Until a version of the bill becomes law, workers should know what options they have if they might have been misclassified and were injured. Construction workers can suffer injuries in myriad ways from falling, being hit with objects, malfunctioning equipment or not having the proper safety protocols in place.
Workers’ compensation benefits are essential to cover for lost wages, medical care and more while the injured worker recovers. Not being approved for any reason can make a bad situation worse. Knowing the current and potential future laws regarding workers’ compensation is key for all workers.
]]>On Behalf of McDonald & MacGregor, LLChttps://www.mmmmlaw.com/?p=2373522023-12-15T18:43:11Z2023-12-19T17:57:40ZFracking wastewater
A recent news report looked at workers who treat the wastewater from Pennsylvania's fracking industry and found that some of them are routinely exposed to toxic chemicals and radioactive material.
Fracking is a type of drilling for oil and gas that involves pumping water into deep holes in the earth. The process often results in huge amounts of wastewater that is contaminated with radioactivity and toxic chemicals.
Certain companies have waste treatment facilities that are intended to remove the hazardous material from the water before releasing it into local waterways. Critics say these facilities are not doing what they're supposed to do. The Pennsylvania Department of Environmental Protection found that one such facility removed only 9% of the radium in the wastewater it treated before pouring it into local rivers.
In addition to the environmental dangers involved, the industry can be hazardous for the workers involved. One worker told reporters that workers were routinely exposed to toxic material when cleaning up spills.
Time limits
There are tight time limits involved when injured workers are filing for workers' compensation benefits after a workplace accident. Generally, workers should inform their employers as soon as possible after being injured. If they wait longer than 30 days, they may be barred from collecting benefits.
These time limits get more complicated in cases involving exposure to toxic materials. Exposure to radiation or substances such as asbestos can cause serious and even fatal diseases, but the symptoms of these diseases may not manifest for many years.
Workers who have been exposed to toxic material can talk to experienced professionals about their options.]]>On Behalf of McDonald & MacGregor, LLChttps://www.mmmmlaw.com/?p=2373512023-12-07T06:03:12Z2023-12-07T06:03:12ZBut, since they are cumulative injuries, how do you prove them?
What are repetitive motion injuries?
Repetitive motion injuries occur when you perform the same or similar tasks over and over again. This causes damage to your muscles, tendons, nerves, joints or some combination thereof. These injuries cause stiffness, weakness, tingling, reduce your range of motion and pain. The injuries interfere with your ability to live your life and your ability to work, sometimes, permanently. But, these injuries also may qualify you for workers’ compensation benefits that can pay for your medical expenses and lost wages.
Repetitive motion injuries are hard to prove
Unfortunately, proving a repetitive motion injury is not always straightforward. Unlike an acute injury that happens suddenly and visibly, a repetitive motion injury develops gradually and may not be noticed until it becomes severe. Your employer or their insurance company may deny your claim, argue that your injury was not caused by work or that it was pre-existing.
How can I prove it for workers’ compensation benefits?
First, at the first sign of pain or discomfort, seek medical attention. If you notice any signs or symptoms of a repetitive motion injury, see a doctor immediately. A doctor can diagnose your condition, provide treatment and document the cause and extent of your injury.
Second, notify your employer promptly. Under Pennsylvania law, you have up to 120 days after a work-related injury has occurred (or been diagnosed) to notify your employer or supervisor in order to seek workers’ compensation benefits. You should notify your employer in writing and keep a copy.
Third, get your workers’ compensation claim form. After you notify your employer, they should provide you with a claim form that you need to fill out and submit to the Pennsylvania Bureau of Workers’ Compensation.
Finally, gather evidence to support your claim and file the form. To prove that your repetitive motion injury is work-related, you need to provide evidence that shows a causal link between your work activities and your injury.
]]>On Behalf of McDonald & MacGregor, LLChttps://www.mmmmlaw.com/?p=2373492023-12-05T22:26:25Z2023-12-05T22:26:25Zpersonal injury cases involving motor vehicle accidents.
This system can be a good way to compensate the injured for what they have lost and to hold the other party accountable after they have hurt someone through their negligence. However, there are other parties involved in most such cases: insurance companies. In most cases, a negligent driver's insurance provider ends up paying the compensation for the injured party. This is, after all, one of the reasons drivers carry insurance.
Another reason, of course, is that insurance coverage is required under Pennsylvania law for all drivers. Unfortunately, there are an awful lot of drivers who carry insufficient insurance, or no insurance at all. A 2019 study by the Insurance Information Institute found that about 12.6% of drivers nationwide are uninsured.
Your insurance
So, if you can't recover compensation from a driver's insurance company, where can you get it? Theoretically, you should be able to get it directly from the negligent driver, but as the saying goes, you cannot get blood from a stone; if the driver can't afford insurance, it's unlikely that they can afford to compensate you for what you have lost.
Hopefully, your own health insurance can help you pay for all or most of your medical expenses. Your car insurance should also help with some of your costs. Collision and comprehensive insurance usually covers damage to your vehicle no matter who was at fault.
An optional add-on to many insurance policies is called uninsured/underinsured motorist coverage. This can help cover your costs if you have been injured by a driver who lacks the insurance coverage necessary to pay for your damages. This type of coverage can help pay for your medical expenses as well as property damage. uninsured/underinsured motorist coverage can also help if you have been injured in a hit-and-run accident.
If you were not at fault for your accident, you may not have to pay a deductible, but this depends upon the specific details of your policy. That said, insurance companies have a financial incentive to avoid paying their policyholders all they deserve. It may be wise to discuss your situation with a professional who has experience in motor vehicle accident cases.]]>