Scranton, PA

M&M Law Blog of Northeastern Pennsylvania

Denied workers' compensation claim? You have options.

If hurt at work, you know how difficult it can be to get better while you are worrying about paying your bills and taking care of your family during your time away from work. This is why workers' compensation benefits exist -- to care for individuals who suffered an injury at work or who became ill due to occupational exposure. While you may have a rightful claim to these benefits, it can actually be quite complex to secure them.

Many first-time applicants find that their initial claim came back denied. This certainly feels like a setback, and while it is frustrating, it is not the end of the road for you. You have the right to continue to fight for the full amount of workers' compensation benefits you need and deserve.

A settlement offer can appear sooner than some injury symptoms

Patience may be a virtue, but it can be a challenging one, especially in the age of convenience. With fast food drive-thrus and next or same day shipping, the idea of waiting to receive something could be an odd notion to some. However, there are some areas where signing for a rushed delivery could cause you to miss out.

Car accidents take place every day, and each one has the potential to be devastating. Perhaps you have been injured in an accident and an insurance company has already offered you a settlement. Although it may seem enticing at first, you might want to wait until you are aware of the full extent of your injuries before accepting any offers.

In how many feet of snow did you work today?

Following the late-winter cold spell and heavy snowfalls -- several feet in some areas in Pennsylvania -- readers may want to spare a thought for workers who earn their livelihoods by working outdoors. While being out in nature has its benefits in other seasons, some jobs can be life threatening in the winter.

Is the property owner responsible for your slip-and-fall injury?

Any person can accidentally slip and fall. Such accidents are particularly prevalent during the winter months when pedestrians have to navigate ice-covered sidewalks and walkways. Injuries can be severe -- especially if the victim is an older person. Many people believe that property owners are always liable for such accidents. However, there are certain rules related to the responsibilities of property owners when it comes to premises liability claims.

The truth about secret settlements in medical malpractice lawsuits

When it comes to various forms of medical misconduct or negligence, one of the biggest driving forces in settling the case is not whether the doctor, healthcare worker or medical establishment caused the injury, but the potential for the case to bring negative publicity via a public trial.

Although the injured party winds up with a settlement, it is under the condition that they do not disclose details of the case. It comes with a non-disclosure clause. The settlement, in effect becomes a form of "hush money" that is designed to prevent a public trial. The responsible party is trying to save their reputation by keeping the settlement closed. For the injured party, the motivation to accept a settlement under these conditions comes from simply wanting the ordeal to be over, or their desire to keep the case as private as possible.

Who is responsible for job site injuries?

Working in construction comes with more than its fair share of risks. Individuals employed in the field are subjected to a large number of inherent dangers. It's always important to follow safety procedures, but unfortunately, accidents still happen. These are the most common injuries on construction sites and what you need to know about who may be held responsible.

Falls and falling objects

These are the two most common risks in construction. Roughly half of all safety procedures in construction across the nation were developed to mitigate these two kinds of accidents, and they still represent the biggest risk. To prevent injury, always follow safety procedures and use the appropriate equipment. When injuries happen despite safety efforts, workers' compensation is usually the first available resource for help. Make sure the incident is reported and documented. If, however, the scope of the injury exceeds the benefits of workers' comp, then additional liability may be pursued. Each case is handled on an individual basis, but the most common recipients of culpability are the individuals responsible for the injury and the injured worker's employer.

Who is responsible for swimming pool accidents?

Since the early ages, swimming has been a prime recreational activity. Today, the majority of swimming takes place in pools, but swimming pools are not safe just by virtue of their controlled environment. In the United States, 188 children were injured or died while swimming in 2014, and the number rose to 202 in 2015. After any injury at a swimming pool, there will always be questions about who should be held responsible for these accidents.

Owner responsibly

Premises liability rules often apply when people are injured in someone's pool. The pool owner may be held liable, which would entitle the injured person to receive compensation from the owner. The law states that the temporary or permanent owner of the swimming pool may be deemed responsible for the injuries and deaths that occur on the premises.

Staying safe during treacherous winter driving conditions

This winter has already brought deep snow and dangerous road conditions that have resulted in deadly accidents and we have several weeks, possibly months, of winter left. Icy roadways and poor visibility create unsafe conditions for all drivers. When inclement weather hits, everyone on the road should remain alert and employ safety tips to try to prevent vehicle accidents this season.

According to PennDOT, there are certain tactics drivers can take to try to reduce their chances of being involved in a car accident. Namely, maintaining vehicles for winter weather, remaining extra cautious and being prepared in case of an emergency.

Increased risk of slip and fall injuries during the winter season

Winter in Pennsylvania brings images of snowball fights, ice staking, cross-country skiing and other snow-dusted activities. It can be a time of family and fun, however, winter conditions also make it a dangerous time for slip and falls due to snow and icy surfaces.

This is no surprise for those that are used to PA winter weather. Falling on an icy sidewalk might seem par for the course. However, serious injuries can occur as a result of a slip and fall. There are steps we can all take to try to stay safe and minimize weather-related accidents, but property owners are also responsible for keeping their premises safe and to remove ice and snow accumulation from walkways to reduce danger. When this does not happen and a fall takes place, the property owner may be held liable for the resulting injuries.

Map & Directions McDonald & MacGregor, LLC

Scranton Life Building
538 Spruce Street
Suite 320
Scranton, PA 18503

Phone: 570-209-8893
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