The amount of money workers’ compensation provides an injured employee varies from state to state, but usually covers medical expenses, workforce rehabilitation costs and a percentage of lost wages. Disability pay may be temporary or permanent based on the extent of your injury and is usually ½ – ¾ of your pre-injury salary.

While workers’ compensation covers 100% of your medical expenses, you may not be able to choose where you receive medical care. Depending on the state that you live in, you may have to receive medical care from an employer approved physician.

Hearings for workers’ compensation take place in workers’ compensation courts, which differ from the civil court system. For this reason, if you are having trouble collecting workers’ compensation from your employer, it is important to hire an attorney who thoroughly understands the workers’ compensation system and has experience handling workers’ compensation cases.

While injured workers are typically unable to sue employers for damages under workers’ compensation, situations exist where an employer’s gross negligence demands further legal action. A qualified workers’ compensation attorney can inform you of your legal rights and provide you with the advice you need to make informed decisions about your case.

Filing a workers’ compensation claim involves many steps and can be complicated. There are also certain deadlines you must meet in order to be eligible for workers’ compensation benefits. Hiring an experienced attorney is the best way to ensure that you get the benefits you need after being injured on the job.

When you are injured at work or from doing something work-related, you should let your employer know immediately. Prompt reporting of an accident to your employer will allow the paperwork to be filed with your state’s workers compensation board or industrial commission in a timely manner. This will help ensure that you receive the compensation you are entitled to for your work injury.

It is important to check with your state’s workers compensation board or industrial commission after you have informed your employer of your work injury to make sure that the appropriate documents have been filed for your claim. Failure to report a workers compensation claim in a timely manner may make you ineligible to receive the benefits you deserve and the legitimacy of your claim may be called into question.

If your injuries were the result of a specific accident, it is important that you provide your employer with the names of witnesses in addition to information about the accident such as: when the accident happened, where the accident happened and how the accident happened. Be sure to document your injuries carefully and write down your description of the accident as soon as possible after the occurrence.

Keeping a journal of your pain and suffering is a good idea as is taking pictures of your injury at various stages of recovery. Memories fade with time and if you need to pursue legal action it is essential that you have documents to support the claims that you are making. A workers compensation attorney can advise you on what to document and how to document your work-related injuries.

If the injuries you sustain while on the job doing a work-related activity are minor, you may not need to seek a workers compensation attorney’s help. However, if your injuries are substantial, permanent and/or life-altering and your employer denies your workers compensation claim or does not compensate you the benefits you are due, utilizing a workers compensation attorney may be your best course of action. It is best to consult a personal injury lawyer with specific workers compensation claim experience if your workers compensation claim is not being handled correctly.

Most personal injury lawyers will work on a contingency fee basis (see Understanding Attorney Fees), so your attorney does not receive compensation for his or her efforts unless your case is successful. Most states limit the amount an attorney can receive in fees for worker compensation claims so it may be hard to find a personal injury lawyer to work for you. Therefore, you should endeavor to hire a personal injury lawyer who practices workers compensation claims (see What to Look for in a Personal Injury Lawyer). In most states, workers compensation claims are not handled by the court system. Rather, they are handled by the Workers Compensation Administration where your claim is heard by an administrative judge. A workers compensation attorney should know the intricacies of this system and be able to help you through the often complex laws governing workers compensation.

Generally, if you are eligible to receive workers compensation benefits you are not allowed to file a personal injury suit against your employer. However, there are a few circumstances whereby you may file a lawsuit against your employer. First, if your employer caused your injury intentionally, you may want to consider filing a personal injury claim against your employer. The second circumstance that may allow you to pursue a claim against your employer is if your employer is required to carry workers compensation coverage but does not. If you encounter either of these circumstances, it is in your best interest to contact a personal injury lawyer with expertise handling workers compensation claims so you can receive the compensation due to you.

Outcomes are often unfair to those who file workers compensation claims. Some lose their jobs or have a hard time finding another job after filing a workers compensation claim. Therefore, you should consider talking to a workers compensation attorney to handle your claim if you are pursuing legal action.

When hiring a personal injury lawyer, do not rely on the attorney with the biggest or prettiest advertisement on the radio, television, newspaper or Yellow Pages. These attorneys may not be best-suited to handle the particulars of your specific claim. Instead, you should carefully investigate several personal injury attorneys before choosing one to represent you. To generate your list, it is best to ask for any referrals from people you know who have had claims similar to yours. Also, consult your local Yellow Pages or online directories such as AttorneyLocate.com to generate a list of potential attorneys.

There are several things you should consider when researching personal injury lawyers. First, do they have experience representing the type of claim that you have? Personal injury lawyers tend to focus on specific types of claims and are very good at representing cases within that scope of practice, but may not be particularly suited to handle other types of claims. For example, a personal injury lawyer who has handled a large number of car accident cases, may not be best suited to handle your medical malpractice claim. Different laws govern different types of torts (see What is a Tort?) and you want to choose an attorney who is not only familiar with the laws that will help you receive compensation for your damages, but an attorney who is an expert at handling your type of case.

Second, how successful has the attorney been at recovering damages for their clients? You want to select a personal injury lawyer with a proven track record for helping their clients receive the compensation they are entitled to. Some things you will want to consider when determining the attorney’s success rate are how many cases the attorney has brought to trial (and the success of those trials) and how many cases the attorney has settled out of court. Even if you are planning on settling out of court, you want an attorney with courtroom experience in the event that a trial is the only way to receive fair compensation for your injuries.

Third, does the attorney they belong to any professional organizations like their state’s Trial Lawyers Association and/or the American Association for Justice (formerly the Association of Trial Lawyers of America)? Belonging to professional organizations like their state’s Trial Lawyers Association and/or the American Association for Justice (formerly the Association of Trial Lawyers of America) may be indicative of a commitment to promoting fair and effective justice.

Fourth, what type of fee does the attorney charge for your type of claim? Many personal injury lawyers will work on a contingent fee basis (see Understanding Attorney Fees). That is, they do not receive any payment for their services unless they recover money for you in settlement or court proceedings. The money an attorney receives when working on contingency is a percentage of the amount he or she recovers for you. It is a good idea to ask what percentage of your recovery the attorney will take and receive the terms of your fee arrangement in writing.

Finally, be sure to ask how many years of experience the attorney has, where they went to law school and if they have any additional training or experience in your type of claim. The more information you receive about your potential personal injury lawyer, the more likely you will be able to choose someone who can help you recover the money you are entitled to.

Not only do you want to hire an attorney with a proven track record with cases like yours, but you will want to consider the attorney’s personality and legal philosophy as well. Over the course of your case, you will be spending a lot of time with your attorney and placing a lot of trust in their character and ability. Therefore, it is important that you are comfortable with your attorney’s personality and philosophy.

It is important that you compare all of the information you have received about potential attorneys so you can select the one who not only has the most experience handling your type of claim, but the one who will work with you to help you receive fair compensation for your injury. Not all attorneys will be able to help you recover the maximum amount of money you deserve for your damages; therefore, it is important to take the time to research several attorneys and select the one with the highest qualifications. You can research attorneys online by viewing the attorney’s Web site and utilizing online attorney directories, like AttorneyLocate.com.

According to the National Institute of Neurological Disorders and Stroke (NINDS, http://www.ninds.nih.gov/disorders/tbi/tbi.htm, 2007), symptoms of traumatic brain injury include such things as problems with:

• • cognition (thinking, memory, and reasoning),
  • sensory processing (sight, hearing, touch, taste, and smell),
  • communication (expression and understanding), and
  • behavior or mental health (depression, anxiety, personality changes, aggression, acting out, and social inappropriateness).

Severe head trauma may also result in stupors, comas and vegetative states. All of this can severely impact an individual’s way of life. If someone you love has been involved in an accident, it is imperative that you seek medical attention and keep an eye on your loved one’s behavior, noting any unusual behavior.

Once you have received appropriate medical care for your loved one’s injury, you should consider consulting a brain injury lawyer to recover damages (see Types of Damages). If a traumatic brain injury is the result of someone else’s negligence, a personal injury lawyer may be able to help you receive compensation for such things as medical bills, pain and suffering, loss of ability to provide/earn income, and the costs of lifelong assistance needed by someone with TBI. A personal injury lawsuit may be your best course of action if your loved one’s TBI is due to someone else’s behavior (see Understanding Personal Injury Lawsuits).

Since traumatic brain injury can be difficult to detect immediately after an accident and may only become evident with time, it is important to not only seek medical attention right away, but also legal advice. A brain injury lawyer should be able to tell you what documentation you will need to make a strong case for a personal injury lawsuit. Such things would include, an accident report, medical records, a neuropsychological report that details future care needs, a life care plan that will help determine the economic needs of a TBI victim throughout the remainder of their life, and a record of the financial burden a TBI has had on your family. A brain injury lawyer should be able to advise you on the specific information that you will need to pursue a personal injury lawsuit.

If a loved one has been the victim of an accident or intentional act that resulted in traumatic brain injury, choosing a good personal injury lawyer is crucial (see What to Look for in a Personal Injury Lawyer). Be sure to choose a brain injury attorney who has experience handling traumatic brain injury claims. Your ability to recover the maximum amount of compensation for your loved one’s injury may be directly related to the quality of the lawyer you choose. If you are concerned about the cost of hiring an attorney, most personal injury lawyers work on a contingent fee basis. That means, your attorney will not receive compensation for his or her work unless they are successful in recovering money for you (see Understanding Attorney Fees).

While tort law allows you to be compensated for any damages you sustained due to someone else’s negligence, it does not cover harms you endure from a breach of contract where someone voluntarily makes an agreement defining a relationship with you. In this way, torts are expectations for behavior that are mandatory for all citizens. These expectations vary in different jurisdictions; so, if you are seeking damages under tort law or are being charged with negligence resulting in harm to another, it is in your best interest to contact an experienced personal injury lawyer or defense attorney so you are aware of your rights.

There are many different types of torts including, trespass, assault, battery, negligence, products liability (see Understanding Products Liability), nuisance and intentional affliction of emotional distress. If a tort is intentional, that is, if someone knows that their behavior may cause harm to someone else and chooses to do it anyway, you may be entitled to punitive damages as well as compensatory damages.

Punitive damages are awarded to the plaintiff as a punishment to the defendant and usually exceed actual damages caused by the defendant. Compensatory damages, on the other hand, allow a plaintiff to recover their damages and usually do not exceed the actual cost of those damages. In this way, the intentionality of a harm may allow you to pursue a civil as well as a criminal action against someone. It is important to be aware that damages from an injury may not only include compensation for medical bills, lost wages and other damages, but may also include compensation for future earnings potential and pain and suffering. An experienced personal injury lawyer should know the best course of action to take for your claim and help you obtain the recovery you are entitled to.

Typically, there are three types of defenses that exist for torts that you will want to be aware of if you are pursuing a lawsuit under tort law or are being tried under tort law: volenti non fit injuria, contributory negligence, and ex turpi causa non oritur actio. Volenti non fit injuria is Latin for “to the willing, no injury is done.” That means if you voluntarily consent to the risk of damage, either explicitly or implicitly, you accept responsibility should you incur any damages. For example, if you are a spectator at a baseball game and are hit by a foul ball, that is a risk you knowingly took when you went to the baseball game.

Contributory negligence (see Understanding Comparative (Fault) Liability) is an absolute defense in some states which prevents a plaintiff from receiving any compensation for their damages if they were to any degree at fault for their own injuries. Similar to contributory negligence is comparative negligence. Comparative negligence is a partial defense whereby the plaintiff and defendant are each partially responsible for the accident; therefore, the defendant is only required to pay a percentage of the damages and the plaintiff is responsible for covering the remaining portion of their damages. This reduces the amount of money owed by the defendant.

The final defense for torts is ex turpi causa non oritur action. This means “no right of action arises from a despicable cause.” If the plaintiff received their injuries while behaving illegally, the defendant may not be responsible for their injuries.

Tort law varies from state to state and it is important to seek the counsel of an attorney with expertise handling your type of claim. An experienced personal injury lawyer or accident attorney may be able to help you recover your damages if you are involved in a case involving tort law.

Slip and fall is a tort (See What is a Tort?) that holds property owners accountable for the condition of their premises. When a property owner is aware of a hazard on their property that poses potential danger to people, they may be legally responsible if someone injures himself or herself as a result of that hazard. Hazards such as uneven surfaces, slippery floors and poor lighting are often the culprit for slip and fall victims.

Pursuing a slip and fall accident claim is often difficult as property owners may not always be responsible for the injuries of someone who falls on something they should have expected or been able to avoid. While there is no definitive way to determine if someone else is responsible for your fall, an experienced slip and fall accident attorney may be able to help you recover damages from your fall and determine if, indeed, someone is at fault for your injuries.

To determine liability, you generally need to be able to prove one of three things:

• the property owner or employee must have caused the hazardous surface condition,
• the property owner or employee must have known of the hazardous surface condition, but chose not to remedy or warn of the danger, and/or
• the property owner or employee should have been aware of the peril as it should have been discovered through normal maintenance of the premises.

It is a good idea to contact a personal injury lawyer with experience handling slip and fall claims if you believe your personal injury was the result of someone else’s negligence. A slip and fall accident attorney should be able to advise you on the legitimacy of your claim and tell you what course of action is in your best interest.

As with all accidents, it is a good idea to take photographs of the accident scene as soon as possible after the accident. The longer you wait to photograph the scene, the more likely the scene may be altered. Photographing the hazardous surface at the same time of day your accident occurred and from various angles may help your attorney establish negligence. In addition to taking photographs soon after your accident, be sure to keep track of any medical expenses you may incur as a result of your personal injury. Also, keep a daily journal cataloging the pain and suffering you experience as a result of your slip and fall accident. The more material you have to back up your claim, the better able your personal injury lawyer will be to build a strong case for you.

There are two types of legally recognized sexual harassment: quid pro quo and hostile environment. Quid pro quo occurs when an employee’s reviews, advancement opportunities or treatment in the workplace are contingent on sexual favors. A hostile environment is considered any place that condones unwelcome sexual conduct that interferes with an employee’s ability to do his or her job. Employers may be held responsible for the inappropriate behavior of managers and employees. Employers are liable if they knew or should have known about the harassment and failed to correct the problem. An attorney can help you determine whom your claim of sexual harassment should be against.

Some victims of sexual harassment never report their mistreatment for fear of retaliation from their employer. Employees fear that they will lose their job, be demoted or receive a poor performance evaluation. When you really need your job, these fears can be overwhelming. It is, therefore, important to know your legal rights regarding sexual harassment in the workplace. Employers may not retaliate against employees who report sexual harassment, refuse sexual advances, or notify law enforcement agencies of sexual harassment in the workplace. An attorney can help you better understand your rights if you are experiencing sexual harassment at work and make sure your rights are protected.

If you are the victim of sexual harassment, it is important that you document every instance of harassment. In your journal, you should record who is doing the harassing and the dates, times and places of the harassment. Be sure to write about the behavior, how the behavior makes you feel and how it affects your ability to work. In addition, you should make note of anyone who witnessed the harassment. If you report the harassment to your supervisor, be sure to write down when that conversation occurred and if anything changes as a result of your complaint. Also, if you receive any retaliation for reporting sexual harassment, be sure to document that as well.

If your company has policies in place for dealing with sexual harassment, you should utilize those channels first and see if the situation is resolved. If you have gone through the proper channels at work and are still being victimized, you will want to seek outside assistance. Every sexual harassment case is different. Sometimes sexual harassment is annoying and bothersome and other times it is threatening and intimidating. Depending on the seriousness of your situation, you may want to contact local law enforcement agencies and seek legal advice. Your safety is of utmost importance and if you feel threatened in anyway, it is imperative that you seek help wherever you can get it.

It is important to seek legal advice if you are the victim of sexual harassment. And it is better to seek legal counsel while you are still employed by the offending agency as your claim will be seen as more credible. Allow your lawyer to advise you on whether or not quitting your job is in your best interest. Also, when cases of sexual harassment are reported to the EEOC, they will only rule on cases where the harassment occurred in the past year. And the statute of limitations for filing claims of sexual harassment varies from state to state (see Understanding Statutes of Limitations). This means it is very important to seek legal action shortly after any sexual harassment occurs so that you are able to still press charges. An attorney with experience handling sexual harassment claims should be able to tell you the amount of time you have to file a claim.

Sexual harassment is a very serious issue and if you believe you are the victim of sexual harassment, it is important that you seek the advice of a sexual harassment attorney. An attorney may be able to help clarify what your rights are, establish if your employer is responsible for a hostile environment and determine what compensation you are entitled to. Your safety is paramount in sexual harassment cases; therefore, be sure to alert the proper authorities of your situation.

Punitive damages go above and beyond plaintiff reimbursement and may be sought in addition to compensatory damages (see Types of Damages Awarded in Personal Injury Lawsuits). While compensatory damages are designed to reimburse individuals for harm endured as the result of someone else’s actions, punitive damages are designed to punish the person who caused the harm.

To be eligible for punitive damages, you must establish that the person who caused your injuries did so with malicious intent. Malicious intent is when someone knows—or should have known—their behavior may cause harm to someone else and they still choose to engage in the activity. In this way, malicious intent is different than negligence. If someone causes an accident where you sustain injuries, you may not be eligible for punitive damages unless you can prove that the person’s behavior was intentionally destructive. Your attorney should be able to help you determine if you should pursue punitive damages.

Awards granted for punitive damages are often quite excessive. But remember, punitive damages are not meant to compensate victims, but punish perpetrators. A jury determines the amount awarded for punitive damages; punitive damages are, therefore, very subjective and unpredictable. Juries must consider the specifics of a situation to determine an amount that will serve as a just punishment for the defendant.

Punitive damages are supposed to make it unprofitable for individuals or corporations to engage in similar behavior in the future. They also set a precedent to deter others from similar conduct. This is especially important for large corporations that have the potential to affect countless lives. When corporations make decisions in the interest of profit and not people, there needs to be severe consequences. Punitive damages attempt to provide those severe consequences.

Punitive damages are not only awarded in accidents, but may be included in any type of personal injury including products liability, medical malpractice and any other type of tort (see What is a Tort?). Your attorney should be able to tell you if you may seek punitive damages for your injury.

Torts are civil wrongs that result in injury or damages and are punishable by law to compensate victims for injuries and/or damages and deter others from committing similar wrongs. Tort law varies from state to state, so it is important to seek counsel from a personal injury lawyer in your state if you are pursuing a personal injury lawsuit.

To establish a personal injury lawsuit, you must establish liability and damages. Liability refers to the person at fault for your injury. Individuals or companies that are found to be legally at fault for your injuries may be responsible for compensating you for your damages. Liability is established on the basis of negligence, strict liability and intentional wrong. A party can be found negligent, and therefore responsible for your injuries, if they did not take appropriate measures to prevent your accident. Strict liability holds a manufacturer or supplier responsible for accidents caused by appropriate use of their product regardless of fault (see Understanding Products Liability) and an intentional wrong is when an individual knows their actions will cause harm, but proceeds with the action anyway. If your injuries are the result of an intentional wrong, you may be entitled to punitive damages as well as compensatory damages (see Types of Damages).

Damages include the physical, mental and emotional harm endured from an accident. When you are pursuing a personal injury lawsuit, the extent of your damages will need to be proven. Therefore, it is a good idea to keep meticulous notes of not only the accident that caused your injury and/or damages, but how those injuries have affected your life.

The first thing that you should do when you are the victim of a personal injury accident is write down all of the details about the accident that you can remember. Try to stick to the facts and avoid placing blame on anyone. You should also try to take photographs of the accident scene as soon as possible after the accident. The longer you wait to photograph the accident scene, the more likely the scene will be altered and you will not have physical evidence of what caused your injury. If there are any witnesses of your accident, you should write down their names and contact information so they can be reached later. You should also be sure to keep a pain and suffering journal. Here you should document how the injury is affecting your life. If your injury prevents you from any social, family, or work events, be sure to document this in your journal. Finally, be sure to take pictures of your injury shortly after the accident and during your recovery. Include a ruler in the picture if you are taking close range photos so someone else will be able to gauge the size of your injury. A personal injury lawyer will be able to advise you on what to specifically keep track of and how to keep good records that may strengthen your personal injury lawsuit.

Laws governing personal injury lawsuits are complex and the very nature of personal injury claims is complicated. To receive the compensation you are entitled to, it is in your best interest to hire a personal injury lawyer to handle your claim.

If you or a loved one have been affected by the negligence of a medical professional, you may have a medical malpractice claim. A personal injury lawyer with experience in medical malpractice claims may be able to help you determine if you have a case and advise you on the best course of action to recover damages caused by a medical professional.

A medical professional is responsible for the choices they make as it pertains to your health and overall well-being. When a medical professional acts in a manner that is beneath the reasonable expectations you would have of someone with similar experience or makes a decision that causes you unnecessary harm, they may be held liable for their actions. If you think you have a , you will need to:

• prove that the doctor made an unreasonable mistake that another doctor would not have made in the same situation,
• demonstrate how the doctor’s mistake caused you a harm you would not have otherwise experienced if they had not treated you the way they did, and
• show the extent of the damages you experienced due to the doctor’s negligence.

It usually takes the testimony of an expert witness, such as another doctor, to prove that your doctor made a mistake. Finding an expert to testify against a member of his or her profession may be a difficult thing to do. A personal injury lawyer should be able to help you find an expert witness to help substantiate your claim.

The cost of an expert witness is often very expensive. Usually, a personal injury lawyer will work on a contingent fee basis (see Understanding Attorney Fees). That is, they do not receive any compensation for their time and effort if they are not successful with your case. If an attorney will take your case on a contingent fee basis, they will generally front the money for an expert witness and only be reimbursed if they recover damages for you. A medical malpractice lawyer should be familiar with the laws governing medical malpractice and be able to help you fight for the recovery you are entitled to.

There are several things you will want to collect and keep track of if you think you have a medical malpractice claim. First, you will want to obtain your medical records so your attorney can look them over and/or send them to an expert witness to evaluate. Second, it is important that you keep a daily journal documenting your pain and suffering. Be sure to include any events or special occasions you miss due to your injury. Third, keep track of all of your medical bills, including prescription drug costs. Also, keep track of days of work missed or any interference your injury has with your ability to earn an income or pursue your household duties, hobbies, and family responsibilities. All of these things hold a pecuniary (financial) value and may be used to calculate the total damages you are eligible to recover.

Do not delay in seeking the advice of a personal injury lawyer. There are statutes of limitations (see Understanding Statutes of Limitations) that govern the amount of time you have to file a medical malpractice claim. Statutes of limitations usually begin accruing at the onset of your injury or at the time you should have known about your injury. Therefore, it is imperative that you seek the counsel of a personal injury lawyer as soon as possible after your injury to determine if you are within the statute of limitations for filing your claim.

In addition to the medical professional, you may have a claim against the hospital or facility that provided your care. An experienced medical malpractice attorney should be able to help you determine all of the parties at fault for your harm.

You may also be able to receive punitive as well as compensatory damages (see Types of Damages). Punitive damages may be awarded if the doctor’s behavior is found to be reckless and with absolute disregard for accepted . Your attorney should be able to help you determine what types of damages you may file for. As always, make sure that the attorney you hire has experience in medical malpractice cases.