FREQUENTLY ASKED QUESTIONS ABOUT WORKERS’ COMPENSATION

Any serious injury can have a severe impact on many areas of your life, but workplace accidents can be particularly devastating. Many industries like construction and manufacturing are particularly dangerous if caution is not exercised, but the truth is that anyone can be injured in the workplace. In this blog, we address some of the most common questions we receive about worker’s compensation claims.

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WHO’S LIABLE IF SOMEONE HURTS THEMSELVES WHILE TRESPASSING?

As a property owner, you have a legal obligation to keep the property reasonably safe for any visitors or invited guests. When someone trespasses, however, they are not a guest or visitor and are not protected under the same laws. In most cases, you will not be responsible for any injuries they suffer while trespassing on your property. However, there are a few exceptions in which you could be liable even though they broke the law.

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WHAT’S REQUIRED TO PROVE NEGLIGENCE IN A CAR ACCIDENT CLAIM?

Whether due to a slip and fall accident, medical malpractice, or an auto accident, nearly every personal injury claim will be centered around the concept of negligence. Essentially, a party will be considered negligent if they did not act with the same caution that a normal person would use in the same circumstances. For example, if a person ran a red light and caused an accident, they could be considered negligent because ordinarily prudent people would not run the red light.

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SOCIAL SECURITY: THE BASICS & BEYOND

What does Social Security Disability mean in monetary terms?

How does it interact with regular Social Security?

The money you receive for Social Security Disability can be thought of conceptually as the same money you would receive for regular age 65 retirement if you pretend you were age 65 on the date of your disability. In other words, if you get disability, you are essentially getting the amount of money you would have gotten had you been able to retire at the age you became disabled.

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THE SELF-CONTRADICTORY POSITION OF ERISA DECISION-MAKERS ON DECISIONS BY THE SOCIAL SECURITY ADMINISTRATION

As you might expect, many individuals who have ERISA claims also have claims for Social Security Disability benefits. Indeed, many insurance companies require LTD claimants to file for Social Security disability. This is done because most plans offset the LTD benefit by the Social Security disability benefit and this reduction is considered by the insurers to be one of the most important cost containment features of their LTD contracts (and is usually termed “recovery of an overpayment”).

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THE RELATIONSHIP BETWEEN SOCIAL SECURITY DISABILITY AND SOCIAL SECURITY RETIREMENT

A question I often hear is “what is the relationship between Social Security disability and Social Security retirement?”

One way to think about Social Security disability – that is, Title II benefits not Title XVI benefits or supplemental security income (“SSI”) – is that it is basically “retirement now.” In other words, the money you receive for Social Security disability is in fact the same money you would receive for your normal retirement had you been the requisite age ( i.e., 65, 66, 66 & 10 months, etc.) Continue reading “THE RELATIONSHIP BETWEEN SOCIAL SECURITY DISABILITY AND SOCIAL SECURITY RETIREMENT”

ERISA DISCOVERY VICTORY AGAINST AETNA LIFE INSURANCE COMPANY!

In Williams v. Aetna Life Ins. Co., 13-CV-241-KKC, Doc #: 42 (E.D. Ky. April 16, 2014), our firm was victorious in a motion to conduct discovery in a matter governed by the Employee Retirement Income Security Act of 1974 or “ERISA,” where there is no right to a jury trial, punitive damages are prohibited, and discovery is limited. In her order, Chief Judge Karen Caldwell required Aetna to answer certain of Plaintiff’s discovery inquiries. Continue reading “ERISA DISCOVERY VICTORY AGAINST AETNA LIFE INSURANCE COMPANY!”

ERISA VICTORY AGAINST AETNA LIFE INSURANCE COMPANY!

Recently, in Williams v. Aetna Life Ins. Co., 13-CV-241-KKC, 2014 WL 5063660 (E.D. Ky. Oct. 8, 2014), our firm won a decision against Aetna where Chief Judge Karen Caldwell found that Aetna’s refusal to pay for Plaintiff’s intravenous immunoglobulin treatment for her selective immunodeficiency condition was arbitrary and capricious because Aetna changed its rationale for denying coverage from “experimental or investigational” to “failure to conduct a trial discontinuation of treatment” and Aetna did not meaningfully investigate the claim. It was a complete victory for our client.

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