Fighting Workplace Violence

Jan 17, 2014 by

Work-related injuries are one of the most common forms of personal injuries that are flooding the U.S. courts today. Many forms of work-related injuries can happen to an employee, and these injuries can be taken to civil court as a personal injury claim. There are other personal injury claims, however, that can be taken to criminal courts, and these types of injuries are of the intentional tort types.

Any injuries that were done intentionally can be grounds for a criminal case. Among such instances are assault and battery charges that resulted to injuries of the worker. These two charges often go together, but they are separate legal claims that a worker can use. Assault is the danger of imminent physical harm, where a worker is unlawfully threatened or was attempted with physical harm by another person. Battery, on the other hand, refers to the actual physical contact after the threat was made. It is the physical manifestation of the threat that was given to the worker, which resulted to harmful and/or offensive injuries or contact.

Employers have the responsibility to ensure that such workplace violence is prevented, otherwise they can also be held liable to an extent. In order to understand the legal aspects of these risks and issues, law firms such as Hach & Rose, LLP can assist in explaining your rights and freedoms in the workplace. Injury resulting from assault and battery in the workplace can be covered by workers’ compensation. A worker can file a personal injury claim regarding assault and battery against their employer if they have subsequent proof of the employer’s negligence or involvement in intentional misconduct. Better to ask a lawyer regarding these concerns since there are certain differences in each state law.

Workplace violence that resulted to or can result in injuries need to be addressed. Any acts that can be disruptive in the workplace, which could eventually lead to accidents or injuries, should be reported and attended to to prevent any form or workplace violence and protect the rights of both the employer and employee.

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Types of Personal Injury Claims

Jan 12, 2014 by

Going on a cruise ship could be one of the most relaxing vacations anyone can take: there are many things to do and people to meet, and you get to be away from the hustle and bustle of the city or anything that gives you stress and makes you feel tired. Cruise ships are a great option for family boding because of the various activities that can be done on-board, without having to spend too much or go to far away locations.

Among the many amenities of a cruise ship are their swimming pools. Almost all types of cruise ships (from smaller ones to mega-cruise ships) are equipped with swimming pools with lounging decks, and others even have smaller pools that are made for swimming-against-the-current.  These provide both relaxation and endless activities for those who are stuck in cruise ships for a certain amount of time. Because a lot of people flock to these swimming pools on a cruise ship, it is inevitable that accidents and injuries can happen. More information about swimming pool injuries caused on a cruise ship can be found by researching and contacting experienced cruise ship lawyers.

Cruise ship injury claims

There has been an on-going debate on whether it is the responsibility of the cruise ship management to supervise the swimming pool area and the people who are there or if it is the responsibility of the passengers to practice safety themselves. According to Habush Habush & Rottier S.C., any injury the occurred because of the negligence of another can be grounds for a personal injury lawsuit, in this case, a cruise ship injury claim. Consulting with a lawyer who knows cruise ship and maritime laws could help in establishing whether you have a strong personal injury claim or not.

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Dealing with Insurance Bad Faith

Jan 11, 2014 by

A breach of contract on your insurance can result to a number of issues, where insurance claims have been withheld, delayed, or underpaid. Once the insurance company has done any form of misrepresentation regarding your insurance policy or the coverage that you have agreed upon, then you have a compelling claim for an insurance bad faith. Through this, you or your business will be given a right for extra-contractual damages aside from the existing damages that is bound within your insurance policy.

There are a number of reasons why a person needs to file for an insurance claim, among them are damages to home due to natural disasters or business problems like burglary and industrial explosions. In an event of an industrial explosion, it is very important to have insurance immediately because such incidents are often catastrophic and result to serious injuries to workers on site. Unreasonably denying the benefits or any delay in the processing of the claim could result to further damages such as emotional distress, financial losses, and many others.

In order to understand if you do qualify for an insurance bad faith claim, talking with lawyers who are proficient in these types of laws would be the best option. According to the Dallas bad faith claims attorneys of Smith Kendall PLLC, fighting with insurance companies regarding insurance bad faith claims requires proper investigation as well as harvesting necessary evidence that would demonstrate the failure of the insurance company to properly justify their bad faith. Talk to a lawyer who are not only knowledgeable but whom you trust that could protect your rights and freedoms.

Once the unreasonable denial or delay of the insurance claim has been proven in court, you will be given the right for proper amount of claim under the insurance policy, as well as the payment for the lawyer’s fee. Most importantly, though, is your right for compensation regarding the damages brought about by the denied or delayed claim, such as financial or economic losses and emotional pain and distress.  Punitive damages can also be given if the insurance company has acted with malicious or outrageous conduct.

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