Drunk Driving Accidents Over the Holidays

The holidays are a time of joy and revelry, a time to share and create lasting memories with loved ones. They are also a time of needless tragedy, one of the most dangerous times to be on the nation's roadways. A recent study by the U.S. Department of Transportation found that an average of 300 people have died in alcohol-related motor vehicle accidents every year over the last five years.

Avoiding a DUI/DWI Charge This Holiday Season

It's the holidays—time to celebrate—and that often means a cocktail or two with friends and family. That's all part of the season—unless you decide to get behind the wheel after having a few.

It’s A New Year, Are You Ready?

The new year is upon us. Let us reflect on the old year and commit ourselves to making 2019 a better year.

Did you intend to divorce in 2018? Was Alimony or Spousal Support and issue? If so, you only have a couple of days to finalize the divorce and still have those payments be tax-deductible.

Fresh Start!

A new year is upon us and it reminds me of a fundamental need we all sense at one time or another; the need for a fresh start. I am not a huge fan of resolutions, but any prompt to move me into a better 2019 is a good prompt.

How Do I Bring My Fiancé Into The United States?

This winter, a sizable number of clients became engaged. Namely, to foreigners that they met on business trips, study abroad programs, or arranged marriages. No matter the reason, they all come to an immigration attorney to ask the same question: How do I bring my fiancé into the United States?

Payment of Retroactive Benefits

SSI claimants are often disappointed when they learn that their past due benefits will be paid in installments after a finding of disability. Often times it can take a full year for social security to pay all the money owed. However there are circumstances that can effectuate an acceleration of the payment of past due benefits.

Fight Night!: He Started It!

Workers’ CompensationI often receive calls about injured workers who were involved in a fight at work. My first question is usually, “Who started it, and why?” This is important to determine because if an injury results from a dispute that arose from the injured worker’s duties, how the work was performed, or in self-defense, it might be considered within the course and scope of employment and be covered.

These claims fall under Section 406.032(1)(B), the “Willful Attempt to Injure Another of Self.” This area of law is determined by an Administrative Judge as a question of fact that he or she must decide when the insurance carrier raises an affirmative defense.

For example, verbal disputes occurring outside of the workplace between employees who do not get along, which later results in a brawl while at work, is not categorized as a work-related incident for either party. This is because whether employees like each other or do not get along is not related to the way the work is performed.

By contrast, injuries resulting from a confrontation between an employee and their foreman because the foreman belittles the employee on how the employee is performing the job, is categorized as work-related. In this example, there is no personal animosity and the injury arose from a disagreement related to the manner in which the injured worker was performing their duties. This would be deemed compensable, and the injuries would be covered. APD 962472

The bottom line is, do not bring personal drama into the workplace, even if you have an issue with a co-worker or management. In most circumstances, an altercation at work that results in a physical dispute arising from the manner in which you perform your job duties or in reasonable self-defense would be covered.

If you believe you were protecting yourself and had no part in starting a fight at work, you might be entitled to workers’ compensation coverage for your injuries. Be safe, but just in case, give us a call so we can review the specific facts to your situation and explain what your options are.

Contact Us

Email or call our offices at 844-402-2992 regarding any questions you may have regarding a work related injury.

Beware of Quick Settlement Offers During the Holidays

You don't ever want to be hurt because of someone else's carelessness, but it can be even more devastating during the holidays. There's a lot to do and personal injury can bring your life to a complete stop. In addition, it's a time of good cheer—it can be hard to put on a positive face when you're uncertain about your future. For those reasons, you may be inclined or susceptible to taking actions that compromise your rights. Insurance companies know the stress that comes with the holidays and won't think twice about trying to cut their losses by offering you a quick settlement—one that, unfortunately, won't meet your needs.
Even when the holidays are months away, there can be an inclination to want things wrapped up as quickly as possible, so that you have your money. It's a delicate balance—you don't want to wait unnecessarily long for compensation that may not come, but you should never focus solely on how quickly you can get compensation. Instead, it's better to determine how much you are willing to give up (dollar-wise) to get immediate access to cash.