November 11, 2016
Most conversations about Workers’ Compensation — and our previous posts on the subject, from our series on the basics you need to know to more recent posts exploring traumatic brain injury, the possible worth of a Workers Comp case, and even the definition of mental injuries in the workplace — have focused on the individual employee who has been injured or made ill due to workplace events or conditions. What we haven’t explored very deeply before is the role of a supervisor or manager in these situations. We’d like to take some time today to look at the role of supervisors or management when it comes to workplace injuries and illnesses. Supervisors and managers are employees, too, and their special responsibility both represents the workplace itself, but also affects the injured or ill employee. Are you a supervisor or manager concerned about possible legal issues if a direct or indirect […]
November 3, 2016
Service-connected PTSD, or Post-Traumatic Stress Disorder, is unfortunately an all-too-common side effect of serving in the military. Military servicemembers may return from deployment with symptoms ranging from low-level anxiety to nightmares, to completely debilitating fears. PTSD can keep you from being able to work or could even affect your interactions with friends and family. What about those soldiers who aren’t deployed into combat zones, however? One question we are often asked is, “Can I have PTSD if I was never in combat?“ We’d like to take a look at the answer to that question today.
October 26, 2016
Gulf War Syndrome is a medical condition that was initially expressly equated with the first Gulf War, although certain symptoms have been found to span other conflicts in the Middle East and surrounding areas since then. The U.S. soldiers returning from the first Gulf War began suffering from chronic health issues that were chronicled and eventually became categorized as Gulf War Syndrome. More than 650,000 Service members served in Operation Desert Shield and Desert Storm from August 2, 1990 to July 31, 1991. For VA benefits eligibility purposes, the Gulf War period is still in effect. This means that anyone who served on active duty from August 2, 1990, to present is considered a Gulf War Veteran.
October 19, 2016
There’s no easy answer for this question. Every workers’ compensation claim is different. Claim values vary by factors like the the position of the worker, a worker’s salary, the type of accident, and more. In short, there is no one answer. However, this isn’t to say that a qualified and experienced attorney can’t at least formulate a projection as to what sort of payout you may be eligible for when you decide to sue for worker’s compensation. What sort of information will you have to provide in such a scenario? How can you calculate anticipated value for your case? What are you likely to walk away with when all is said and done? Here are a few things you’ll need to know to figure out what your worker’s compensation case might be worth.
October 12, 2016
If your insurance company has acted in bad faith or you’re considering filing suit against them for whatever reason, you may be wondering what will actually happen once you’ve taken that first step and scheduled a consultation with legal representation to discuss whether or not you may have a case. Insurance companies have been known to work very hard at dissuading their clients from taking legal action, and we generally find that clients who are thinking about suing their insurance companies do so only after exhaustive attempts at negotiation have failed. If you’ve had issues with your claims adjuster or agent, you’ve taken it above their head and spoken to higher-ups within the company, and you’re still not seeing results, it may be time to involve an attorney in order to get a satisfactory resolution. If you decide to take that step, here are a few things you need to […]
October 5, 2016
To lose a loved one is always a tragedy. For the spouse or family members of a military servicemember, that tragedy can be compounded by many different factors — whether they died during combat or deployment, after their return, or even years or decades later on. Family members may be left wondering if they’ll have access to any benefits to help them navigate the difficult path after their loved one has died. One of the most common questions we hear is from the spouses of recently deceased servicemembers, wondering if they will be able to access the benefits due after their loved one’s service. We have the answer below.
September 28, 2016
The onset of autumn in South Carolina brings out even more motorcyclists than the summer — the weather is milder, the sun doesn’t beat down quite so hard, and the view is simply spectacular. Whether you’re taking a day trip up to enjoy the mountains or headed down to the coast, it’s important to stay safe! Motorcycle accidents can cause serious physical injury or even be fatal, so it’s essential to take every safety precaution you can. We have a few tips to help you stay safe on your motorcycle this fall.
September 21, 2016
As we’ve mentioned in earlier blogs about working with the VA, disability payments based on service-connected disability or conditions vary widely depending on the injuries or disabilities that the claim is based on, and also the context and circumstances in which the injuries or disability occurred. Even after a claim is settled and you begin receiving regular benefits, you may have questions remaining. Some of our clients have contacted us after settlement to ask, “Can the VA reduce my benefits?” Today, we’d like to take a moment to answer the question.
September 12, 2016
While many people are aware of the impact whistleblowers can have on both their employers and society at large, it can be easy to confuse a basic whistleblower lawsuit with “qui tam” (pronounced “kee tam” )suits under the False Claims Act. Also known as the “Lincoln Law”, the False Claims Act imposes liability on individuals or companies who are found to have financially defrauded the federal government.