Insurance policies often have allowances for these situations, but you may want to double-check your coverage to avoid paying the bill for someone else’s mistake. Let’s examine how insurance works for borrowing a car and whose insurance should pay for repairs and injuries.

Occasional vs. Regular: How Often They Borrow Can Affect Your Insurance

Nearly every automotive policy extends your coverage to instances where you lend the car to another person. This ability to loan your car and maintain coverage is called permissive use. Your insurance works the same as if you are the person driving and pays out claims as needed. You’ll want to review your policy to see if it includes permissive use and familiarize yourself with any limitations.

Permissive use is intended for situations where the person only borrows the car occasionally. However, if the person is someone who will use the car regularly, such as a new teenage driver in your home, most insurance companies require that you add them to your policy.  

How Does Insurance Protect Me When a Friend Borrows My Car?

If you don’t already have it, adding collision coverage is a smart move since this will pay for the cost of repairs to your car. This can be useful to prevent your friend from paying out-of-pocket for the damage they caused. However, another smart tip is to never lend your vehicle to someone who doesn’t have their own auto insurance to cover any damages that result from their driving.

If they don’t have their own policy and yours is forced to pay, you could exhaust your coverage limits and be responsible for whatever is left. You could try to have your friend pay for it and hope they will be the kind of person who does the right thing. In situations like this, however, people will sometimes surprise you. If the amount is substantial and they refuse, you may have to resort to filing a lawsuit to get them to pay up.

You are legally required to carry liability insurance, which pays for damage and injury to other people when your car is in a wreck. California liability minimums are as follows:

• $15,000 to cover injury or death to one person
• $30,000 to cover injury or death to two or more persons
• $5,000 for damage caused to property

The best protection when you lend your car to a friend is for both of you to have insurance that includes liability and collision coverage. Collision pays for damage to your own vehicle. It’s not required under California law, and you must voluntarily add it to your policy. Having this additional insurance can keep you from paying to fix your own car.

My Insurance vs. Their Insurance

When you loan your car to someone, they are also borrowing your insurance. Even if they have their own coverage, California is an at-fault state, which means the person who caused the accident must pay the damages. Your friend’s insurance will be used first, but as we mentioned before, if the coverage amounts are low, the person they hurt could come after your insurance as a backup.

This can lead to a lot of legal confusion and potential bad blood between you and your friend. If their insurance only has the minimum amounts and these don’t cover the medical costs, your friend could file a third-party claim against your insurance to pay the rest. The injured person could also decide to file a claim on your policy. 

Finally, if your friend had no insurance at all, you could be forced to file a lawsuit to recover any extra money you have to pay out-of-pocket once your insurance has been exhausted. It can get complicated very quickly, and you could need the help of a qualified attorney to sort it out. 

California’s Fault Rule for Accidents

When someone causes a crash in California, they are considered at fault and liable for all resulting damages. Their policy may cover most or all of the expenses, but if it doesn’t, the person who was hurt can seek payment from additional sources.  When your friend causes a wreck, they must pay first, but the plaintiff can come after your insurance.

If your friend was in a crash that wasn’t their fault, then you and your friend can seek restitution from the other driver’s insurance or file a lawsuit against them. You can recover both medical expenses and vehicle repair costs this way.

Proving fault can be difficult and requires high-quality evidence to show what happened. A skilled attorney can gather video, photos, accident scene investigation reports, medical bills, witness statements, and other documentation to show who played what part in the crash. This can protect you from paying more than is necessary.

When Someone Drives Your Car Without Permission

While you are usually aware of when someone else is driving your car, there are some cases where it might be taken without your permission. In these situations, your insurance will not cover any accidents. These instances include:

• You didn’t give them permission: If a friend takes your car, but you told them not to or you didn’t know they took it, their coverage will pay first. However, the injured person may still try to sue you for compensation, and you’ll have to prove you didn’t give the driver permission.
• You’ve excluded the driver from your coverage: You can tell your insurance to exclude someone from your policy. If they take your car, your insurance will not cover their accident. 

If Your Car Is Stolen

Whether a friend or a stranger steals your car, if it’s taken without your knowledge or permission, then you are not required to pay any bills. The driver is using it without authorization, so you aren’t responsible for what they do with it. A good way to strengthen your claim that you are not liable for damages is to produce a police report of the theft.

Understand Your Liability With Help From a Reputable Attorney

Perhaps the best advice on letting a friend borrow your car is: don’t. Although they may be someone you trust, you can never predict the circumstances that could lead to a crash. You could be forced to pay bills for an accident you didn’t cause, on top of potentially losing a friend in the insurance fight that might follow. 

Regardless of how minor the crash is, you should take steps to understand who is liable by consulting with an experienced personal injury lawyer.

The post What Happens If My Friend Crashes My Car? appeared first on The Morris Law Group.

Scheduled to take effect in 2025, the bill will also raise minimum amounts ten years later. If you are like many California drivers, you may not give your insurance coverage a second thought until you are in an accident. It’s worth examining the question, “what is the minimum auto insurance coverage in California?”

Current Limits Barely Cover a Fender Bender

First legislated over 55 years ago, the minimum liability insurance coverage was intended to cover the costs of a two-week stay in the hospital or the cost of replacing your car. The current baseline amounts are governed by Cal. Veh. Code § 16056, and the law dictates that all motorists carry coverage of at least:

• $15,000 for bodily injury or death for one victim
• $30,000 for bodily injury or death for two or more people per accident
• $5,000 in property damage to the other driver(s)’ vehicle

With consumer costs for healthcare skyrocketing around the nation and especially in the Golden State, $15,000 might barely cover the emergency transport to the hospital, let alone any medical treatment. Repairs to most newer vehicles are costly, and $5000 would scarcely get a ding fixed and your fender repainted. 

The new limits in 2025 will double the current limits for bodily injury and death, raising them to $30,000 for one person and $60,000 for two or more individuals per accident. Limits for property damage caused to someone else’s vehicle will be tripled to $15,000 as a minimum. Every driver in California will be required to carry these amounts to cover injury and damage if they cause an accident. 

The minimums will increase again in 2035, ten years after the first rise. They will change to  $50,000 for bodily injury or death for one person, $100,000 for two or more people, and $25,000 for property damage. The goal is to prevent decades of inadequate coverage as costs rise, as we’ve seen in the last 50+ years.

Does the Increase in Coverage Requirements Mean I Will Pay More?

Consumer advocates realized that thousands of citizens were facing significant bills they couldn’t afford to pay because the liability minimums were insufficient. This is why they pushed for the creation of this act. However,  because the law is so new, it’s unclear how the change in coverage minimums will affect insurance premiums for California residents. 

Premiums will probably go up because insurance companies are in the business of making money. If they are subject to higher payouts, they are going to pass that cost on to their policyholders. Opponents of the law worry that lower-income drivers will skip having coverage if it means they must choose between buying life essentials, such as groceries, and paying higher premiums.

If you’re concerned about the potential increase in what you pay, you can research low-cost policies available through the California Automobile Assigned Risk Plan (CAARP). This is especially beneficial if you are considered a low-income driver. The plan connects motorists with insurance providers who will cover them and share the higher risk across the policies of other individuals. 

Uninsured Motorists Are Already a Big Problem

Thousands of people in the state already drive without insurance for a variety of reasons. Rising premiums are likely to increase that number, and the knowledge that they will face fines and license suspension doesn’t pay for your damages if they hit you. You can file a personal injury lawsuit but if they are unable to afford insurance, they probably cannot compensate you for your bills.

A strong option for avoiding these situations is to carry optional Uninsured/Underinsured Motorist (UM/UIM) coverage. This insurance allows you to file a claim with your provider if you are hit by someone who doesn’t have any coverage or doesn’t have enough to pay for the full amount of your losses. It keeps you from facing overwhelming debt if you are seriously hurt, or your car is severely damaged. 

Another choice to protect you against someone without adequate coverage is to choose a policy that provides comprehensive and collision coverage. Your liability insurance pays for damage to other people’s vehicles when you are at fault, but it doesn’t cover repairs to your car. That’s where collision insurance comes in. Comprehensive coverage goes further and protects your car from theft, fire, vandalism, or storm damage. 

Why Increase the Minimum Auto Insurance Coverage Requirements in California?

California leads the country in many progressive policies designed to improve life for its residents. However, we have been lagging behind many other states in the area of insurance protection. Arizona, Texas, and New York all recently raised their minimums to similar levels outlined in the Protect California Drivers Act.

Requiring insurance coverage and increasing the minimums work to help all drivers on the road, as well as pedestrians, motorcyclists, and bicyclists. Because car accidents can happen at any time, knowing that the state mandates other drivers to have a minimum ability to pay your bills gives you some peace of mind that you won’t be stuck with overwhelming debt. 

Because California is an at-fault state, anyone who causes an accident is required to pay for medical bills or property damage to the drivers they affect. Having higher minimums may increase your premiums, but it also means there is a larger buffer between your pocket and the bills that need to be paid. Victims can rely on insurance to cover their needs, and you will end up owing less if their costs are very high.

Insurance Can Be Confusing – Get Help Understanding It From Experts

You may not think that asking an attorney is the way to get answers about insurance. Keep in mind that insurance representatives are trying to sell you the most coverage they can to increase their company’s bottom line. Discussing insurance options with a qualified car accident attorney may give you a more realistic idea of whether you should carry higher liability coverage. They can also advise you on whether UM/UIM, collision, and comprehensive are right for your needs.

Car accident attorneys see the good, the bad, and the ugly of crashes and insurance claims all the time. We understand how to negotiate with insurance companies no matter which side of the accident you’re on. We can work to reduce what you may owe someone else, and we can fight to ensure you get every penny you deserve when you are hurt by another person’s negligence. 

The post What Is The Minimum Auto Insurance Coverage In California? appeared first on The Morris Law Group.

What Are The Benefits of Workers Compensation?

Workers compensation provides several benefits to employees who have been injured or fallen ill while on the job. These benefits include medical treatment, disability benefits, lost wages, and rehabilitation services. Workers compensation benefits also cover the costs of funeral expenses in the event of an employee’s death due to a work-related injury or illness.

Are There Eligibility Requirements For Worker’s Compensation?

To be eligible for workers compensation benefits, an employee must have suffered an injury or illness while performing work-related duties.

It is important to note that workers compensation benefits are not dependent on fault or negligence, meaning that an employee may be eligible for benefits even if they were partially responsible for their injury. The Morris Law Group can help determine if an employee is eligible for workers compensation benefits and assist in filing a claim.

How To File A Worker’s Comp Claim?

The process of filing a workers compensation claim can be complex and time-consuming. It is crucial to file a claim as soon as possible after an injury or illness to ensure that the employee receives the benefits they are entitled to.

At The Morris Law Group, we provide legal representation to employees throughout the process of filing a workers compensation claim, including gathering evidence, negotiating with insurance companies, and representing clients in court if necessary.

Worker’s Comp Settlement Chart

Conclusion

In conclusion, a workers’ compensation settlement chart provides important information on the maximum compensation benefits that an injured worker can receive in different states and for various types of injuries.

This information is crucial for employees to understand their rights and to make informed decisions when filing a workers’ compensation claim. By using this chart, workers can compare the benefits offered in different states and make informed decisions about where to work and live. Employers can also use this information to make sure they are offering fair and competitive benefits to their employees.

Ultimately, the workers’ compensation settlement chart serves as a valuable resource for both workers and employers to ensure that injured workers receive the compensation they are entitled to.

The post Workers Compensation Settlement Chart: How Much is a Limb Worth? appeared first on The Morris Law Group.

But this isn’t always the case. When is a rear-end collision not your fault? You may be surprised to find that there are some situations where the accident was unavoidable even though you were driving safely. Consulting with a car accident lawyer may show you that you have options to show that the front vehicle was actually at fault.

Liability is Often Assumed but not Guaranteed

The state of California does not automatically impose liability on the driver who hits another car from behind. In multi-car accidents, drivers are often pushed from behind as other cars slam on their brakes to avoid a collision. You may have stopped safely, but the person behind you doesn’t and shoves your car into the one in front of you.

Other instances are when another driver cuts you off or brakes unexpectedly to avoid a dangerous situation, such as a third car running a red light. It can be difficult from your point of view to see everything that contributed to the crash. That’s when a skilled car accident attorney and their team can assist. You will need evidence to understand exactly what happened and clear your name of liability.

Other ways a front vehicle driver could be held responsible for their rear-end crash is by having a broken taillight or brake lights that don’t work. If their brakes are not working properly, you could misjudge the safe distance needed to avoid a crash. If they are driving distractedly or under the influence of a substance, they could easily put others at risk of colliding with their rear end.

California’s Comparative Negligence

For a plaintiff to win damages, they must show negligence on the part of the defendant. When you are the defendant in a rear-end crash, you and your lawyer must fight back to demonstrate that the plaintiff contributed to the crash. This may not get you completely free from paying damages, but it can certainly work to reduce the liability you will face.

California’s comparative negligence law allows injured parties to recover damages even if they are partially at fault. However, their jury award will be reduced by the amount they are found liable. This means if they are found 30% at fault for a crash, they will receive 30% less than they requested. If you can show their responsibility is higher, you can reduce what you may have to pay by that percentage.

Proving That It Wasn’t All Your Fault

As previously mentioned, front vehicle drivers can be mostly or completely responsible for rear-end collisions in certain circumstances. Usually, unsafe lane changes or reckless driving can contribute to these accidents. You will need solid evidence to demonstrate to the court that you did not cause the crash.

Your legal counsel will put their team to work gathering documentation such as:

• Traffic camera videos
• Dashcam video from cars in the area during the crash
• Witness statements
• Photos of the crash scene, weather conditions, and vehicle damage
• Accident investigation reports from an independent investigator
• Police accident reports
• Medical reports from all drivers’ injuries
• Auto repair shop estimates

You might be able to gather some of this material yourself, but it can take time and money that you may not have. Using a professional legal team could help you take thousands of dollars off an insurance settlement or jury trial award.

Defending Yourself in a Rear-End Collision Lawsuit

You can begin defending yourself immediately after the accident by following some simple steps to protect your rights. You also want to avoid inadvertently establishing any liability. After the crash is over, follow these steps:

• Obtain medical assistance.
• Don’t admit any guilt to anyone, including any passengers riding with you.
• Don’t apologize to the other driver.
• Don’t speak to anyone except to share contact details, accept medical assistance, or relay minimal information to the police.
• Don’t discuss your injuries or play them down with anyone at the scene.
• Contact a car accident lawyer as quickly as possible. 
• Don’t speak with anyone about the accident besides your lawyer.
• Don’t speak to your insurance company without your lawyer.
• Don’t post on social media about the accident or share details with anyone who might post.

While you may not absolve yourself entirely of any liability from the crash, these recommendations are a good roadmap to reducing the plaintiff’s ability to claim you are fully at fault. Once you have gathered the evidence supporting your rebuttal arguments against your responsibility, you have the potential to reduce your liability and the damages you will pay.

Don’t Just Accept Fault if You Didn’t Cause the Accident

Many people give up and assume they will be held liable and have to pay. However, don’t just accept fault if you are not to blame. Both you and the other driver will need to prove negligence on the other’s part. 

Negligence is critical to establish grounds for receiving damages. The other driver will try to show that your actions meet the four elements of negligence:

1. You owed a duty of care to other drivers.
2. Your actions breached that duty.
3. The plaintiff suffered injuries as a result of your actions.
4. The plaintiff incurred expenses from their injuries.

Even as they are attempting to show you are at fault, you and your attorney will work to rebut that liability and show that the plaintiff also displayed negligence. You should fight back to avoid financial distress from paying for both your injuries and those of the plaintiff.

When it’s not your fault, don’t take the punishment. Aggressively defend yourself during the lawsuit or consider a countersuit to obtain the reimbursement you deserve for your injuries and property damage. When the front-end driver is to blame, let a legal expert guide you on how to push back and see that justice is served.

The post When Is A Rear-End Collision Not Your Fault? appeared first on The Morris Law Group.

Even if you don’t qualify for the highest payout, you will still benefit since the minimum payments will also increase by nearly $12 for claims filed after January 1, 2023. With these exciting changes coming in the next year, let’s examine the current maximum workers’ compensation payment in California.

How Workers’ Comp Works in California

In California, workers’ compensation insurance coverage must be provided through all employers for all their workers. When you are injured at work, this state-run program will pay you in two ways:

• Disability benefits: This includes partial wages for the time you can’t work.
• Medical benefits: This pays for any medical treatment required for your injury.

The insurance covers treatment by specific physicians who monitor and report your recovery status. When your doctor decides you’ve reached your Maximum Medical improvement (MMI), the insurance company will determine if you are temporarily or permanently disabled. This will form the basis of your payments going forward.

You can initiate and settle your claim on your own, but there are a lot of regulations and hurdles to consider. The insurance company, like any business, is primarily interested in getting you back to work while paying the least amount they can. It’s crucial to have guidance from an attorney experienced in workers compensation law, so you don’t make any mistakes.

Temporary Disability Benefit Maximum Payments

Workers’ comp insurance will pay all of your medical benefits for any treatments or complications from your on-the-job injury. You are also eligible for temporary disability benefits, which provide partial wages while you can’t work. They are calculated at two-thirds of what your average weekly pay was prior to your accident.

You can draw these temporary disability benefits until one of the following events happens:

• The doctor determines you are ready to resume work.
• You can earn at least as much as the maximum temporary disability benefits while on light or modified duty.
• You achieve MMI, and the doctor states your condition will not improve anymore.
• You reach the legal limit of 104 weeks for the payments.

The current minimum payment for temporary disability benefits for 2022 is $230.95, and the current maximum is $1539.71. These benefits will be paid as long as you are unable to work. If you return to work part-time or on light duty, you may earn less than before your injury. However, you are still able to receive temporary partial disability payments. This is figured at two-thirds of your lost earnings, which is meant to supplement your missing wages.

MMI and Permanent Disability Ratings

After reaching MMI, you may become eligible for permanent disability benefits. Whether you are and for how much depends on the rating issued by your doctor. Your Permanent Disability (PD) rating will range from 1%-100% and is based on several factors. Your physician will consider the type of work you do, your age, and your level of impairment to calculate the PD.

The rating determines how much your benefit payment will be and is either partial or total. The maximum amounts available for PD in 2022 are as follows:

• Between 1% and 70%: Payments are a maximum of $290 per week.
• Between 70% and 99%: Payments are just over $300 per week. At this level, you can receive a “life pension,” which begins when you exhaust the limit for weekly payments.
• 100% permanent disability: If you can’t work in any capacity, you’re eligible for permanent total disability benefits for the rest of your life, at two-thirds of your wage before the accident.

As you can see, although the legal regulations are quite clear, it can be confusing to determine exactly how much you might qualify for. Many of the decisions are out of your hands, but there are important factors you can control with the help of an experienced workers’ compensation attorney.

California’s Supplemental Job Displacement Benefit

As mentioned above, California is committed to assisting injured workers, even when they cannot return to their previous jobs. The state offers supplemental job displacement benefits to those who have either a permanent partial disability or whose employer can’t give them work within their limitations.

Other states implement vocational rehabilitation, or job re-training, to help employees, but California issues a voucher worth up to $6000. Receiving a lump-sum payout allows workers to seek their best fit to educate themselves in a new field. They can fund their tuition, training program fees, and materials or tools. They can even purchase computer equipment or job services to help them find and retain a new position.

Additional Considerations for Workers Comp Payments in California

Workers’ compensation is meant to ease the way for you when you are disabled from a work-related injury. It lets you pay bills, take care of your family, and pay for your medical expenses. You can rely on this coverage instead of your private insurance, and the payments you receive are tax-free.

While the insurance company is making a determination on your claim (usually 90 days or less), they must pay for your medical care up to $10,000. This prevents you from paying out-of-pocket for initial treatment until your claim is decided. Payments will continue until you return to work, although you are eligible for up to 104 weeks of benefits (intermittent or concurrent) over a five-year period.

For some injuries or illnesses, you could have this limit waived and receive payments for the rest of your life. Negotiating this and other complexities of a claim can be very confusing. To ensure you receive the maximum workers’ compensation payments available to you in California, you should contact a skilled attorney. They can do the hard work while you focus on recovering and returning to work. 

The post What Is The Maximum Workers’ Compensation Payment In California? appeared first on The Morris Law Group.

Workers’ Compensation Insurance Defined

As a quick reminder, California requires employers to provide workers’ compensation insurance coverage for all employees, with few exceptions. This insurance provides disability benefits such as partial wages for the time you are unable to work. Worker’s comp also pays for your medical expenses. In the event of your death, survivor benefits are paid to your family.

Your progress is monitored by doctors who report to the insurance company. When your physician determines that you have reached your Maximum Medical improvement (MMI), the insurance company will issue a disability rating that is used to calculate any disability benefits.

Disability benefits can be classified as temporary or permanent, depending on how your ability to work is affected. You may be eligible for permanent disability benefits, which can be awarded as either partial or total disability. 

How Much Can Surgery Increase My Settlement?

Depending on the type of surgery and the injury it addresses, the amount will range from a few thousand to hundreds of thousands of dollars. Unfortunately, no one can give you a specific amount without hearing the circumstances you face. There are so many factors that will affect the surgery and, therefore, the amount of settlement.

As a guideline, surgeries involving the spine or joints can be more expensive and have a more difficult recovery. Injuries involving the back and limbs often affect your ability to work more severely, and an experienced workers’ comp lawyer will understand how to negotiate a fair amount.

Again, it’s important to consider after-surgery costs and recovery expenses so that you have what you need for full health. This can ensure you reach a sufficient settlement and aren’t left facing bills you can’t pay.

Before or After a Settlement? Timing is Everything

Whether to have a recommended surgery before or after settlement will depend on many different factors. Generally, if you have access to other insurance to pay for your surgery you are better off settling your case and have your surgery done outside of workers compensation. With that said below are some of the issues to consider.

It’s crucial to consider the pros and cons of settling before you have surgery:

Pros of settling:

• With an accurate estimate of the projected amount for the surgery and all associated costs, you can negotiate a larger settlement payment.
• You can use the surgeon you want and have the surgery when it fits your schedule. You won’t need to get authorization from the insurance company.
• You don’t need to worry about workers’ comp denying the claim or pursuing litigation to get the payments you need.
• It might be possible that your personal insurance or Medi Cal will pay for the surgery.

Cons of settling:

• You will pay out-of-pocket for the procedure, but you will have the settlement money to help with the expenses.
• You might suffer repercussions from the surgery that could affect your work. If you’ve already settled, you will not be able to go back to the insurance company and claim medical benefits. 
• You could be left paying for any complications if you hadn’t planned for them. These could end up costing more than you received in your settlement.

If you have the surgery after the settlement is completed you would not be able to claim additional permanent disability if there were complications. It can be difficult to understand what is best for your circumstances, and working with a skilled workers’ compensation attorney can alleviate some of the confusion. 

California Provides Two Ways to Settle a Workers’ Comp Claim Quickly

Settling can be attractive if you want control of your health decisions instead of relying on company-approved doctors. California has two methods of closing your claim quickly, but each has specific conditions you should consider.

Compromise and Release

In this option, you and your employer agree to a lump-sum payment from workers’ comp that includes a specific dollar amount for permanent disability, any outstanding temporary disability payments, plus a sum to cover any future treatments.  This leaves you free to pursue your choice of medical providers.

However, it also means the case is closed permanently, and you cannot reopen it if your health deteriorates. Using this method to settle a claim could be disastrous if you need surgery after the claim is closed. You should negotiate for potential coverage of costs such as:

• Future medical bills, including any additional surgery
• Potential expenses for post-surgical complications
• Other indirect costs, such as lost wages, physical therapy, or an extended hospital stay
• Benefits if you become permanently disabled as a result of the surgery

Stipulation with Request for Award

If you would like to settle but have the option to reopen your claim if your condition worsens, this path gives you that choice. You and your employer agree to a permanent disability payment but leave the medical benefits open to be paid for by the workers’ comp insurance. 

You would receive biweekly payments until the total is paid and can reopen your claim within five years if your condition deteriorates and you need surgery or other extensive treatment.

Deciding if Surgery is Necessary

If your doctor recommends surgery, then your workers’ comp benefits will cover it if you have not settled your claim. However, keep in mind that the physicians used by insurance companies are encouraged to try conservative methods first, such as occupational and physical therapy, and pain medicines. If your surgery is truly necessary, the delay could worsen your condition by making you wait.

The decision to have surgery should be made with your health as the number one priority. If the surgery leads to a full recovery from the injury with no pain or impairment, you will regain your health but may face a lower settlement. It is not a good idea to have surgery just to try to drive up the settlement amount. 

There are numerous risks to going under the knife, even if you are otherwise healthy. And, if you choose to have surgery that the attending physician did not recommend, the insurance company may refuse to pay for it, leaving you stuck with the bill.

As you can see there are a lot of factors to consider concerning whether or not to have a surgery. In some cases the decision will be based upon what type of settlement monies are offered by the insurance company. The only way to really know if their offer is fair and makes sense is to discuss your options with a workers compensation attorney.

The post Does Surgery Increase Your Workers Comp Settlement? appeared first on The Morris Law Group.

Common Knee Injuries

While liquids can cause slip-and-fall accidents, uneven flooring or unsecured rugs can also send a person falling to the floor. The knee is very flexible, but it is not meant to move in certain ways or absorb significant impact. Your joints are critical to your current and future health, and injured hips and knees can drastically reduce your mobility and vitality.

Some common knee injuries that can affect you after a slip-and-fall include:

Lacerations and abrasions

The skin can be cut or suffer a rash. While this seems minor, if foreign objects such as glass, gravel, sand, or chemicals enter the damaged skin, you could suffer burns or infection.

ACL injuries

The anterior cruciate ligament (ACL) can be damaged if the knee is bent backward, twisted, or jerked from side to side. Invasive surgery is usually required, followed by a significant recovery time. 

Fracture

If you fall forward, you will often land on your hands and knees. The kneecap (patella) takes the brunt of this and can fracture, causing severe swelling and pain. Fractures usually require surgery.

Sprain

The knee is easily sprained with sudden twisting, especially when it forces the joint out of its usual range of movement. Sprains can leave you with stiffness and swelling.

Tear

A torn meniscus can cause stiffness and limit your ability to extend your leg. These two C-shaped pieces of cartilage in the knee form a protective cushion between the shinbone and thighbone.

Dislocation

While this usually happens in high-impact accidents like car crashes, any slip-and-fall situation has the potential to force the thighbone out of alignment with the shinbone. Dislocated knees can result in nerve or blood vessel damage.

The muscles, tendons, and ligaments surrounding and attaching to the knee are easily torn or damaged by shearing forces or trauma. This can happen in mere seconds when you fall. You can suffer an immediate injury, but knee pain often appears or worsens later in many cases as the full scope of your damage is realized. Additionally, you can be left with lifelong pain and inflammation that you must treat and take care not to aggravate. 

Knee Injury Treatment and Care

After a knee injury from a slip-and-fall, it’s critical to seek medical assistance immediately. Many stores may have first aid kits and personnel with some emergency training, but the best choice is to call 911 for help. Stay still and remain calm, taking photos of your injuries and the scene of the accident for documentation. When help arrives, follow their direction before moving or trying to walk. Many knee injuries can be severely worsened by trying to get up and leave the area.

After your initial assessment, you may be taken to the hospital or told to see your physician for a follow-up. If you go home and must wait to see a doctor, follow these steps to minimize the inflammation and damage:

• Avoid walking unless necessary.
• Rest your knee by sitting or lying down and placing a pillow underneath the joint.
• Keep the knee elevated.
• Apply ice packs to the knee to reduce inflammation.
• Take an anti-inflammatory painkiller such as ibuprofen (Advil) or acetaminophen (Tylenol)

Once your doctor has treated you, follow all their recommendations for limiting movement and strengthening the knee. If surgery is needed, try to delegate any tasks or work to others so you can prepare for the operation and be able to rest afterward. Taking the appropriate amount of time to heal can mean the difference between returning to your normal use of your knee and a lifetime of recurring knee injury and pain.

Who Is At Fault for Your Knee Injury?

If you were injured as a result of someone else’s negligence, you likely have the basis of a strong personal injury claim against those responsible. If a store owner fails to recognize and repair a hazard, they have failed to provide a safe environment for their customers. Some ways this can happen are:

• Spilled liquids that aren’t cleaned up quickly
• Leaks from faulty equipment that isn’t repaired or maintained
• Broken or uneven flooring, such as tiles or bricks
• Unsecured rugs or carpets
• Insufficient lighting in a hall or bathroom
• Unsafe staircases or escalators
• Icy sidewalks in front of the premises
• Debris or potholes in parking lots

By gathering evidence such as photos, store camera video, witness statements, and medical records, you and an experienced slip-and-fall accident attorney may be able to demonstrate that the owner met the four elements of negligence. Proving these is required to successfully claim damages against the person at fault. 

The four elements are:

1. The store owner had a duty of care to their customers.
2. They failed or breached that duty of care to you.
3. You suffered injuries directly resulting from their failure.
4. You incurred expenses related to your injuries.

You may file a claim against the owner’s insurance or initiate a lawsuit to recover your losses. These could include more than just your medical bills and lost wages. Your lawyer can advise you on seeking non-economic damages, such as for the pain and suffering you experience. 

Don’t take chances with a knee injury after a slip-and-fall accident. Your livelihood and ability to enjoy life could be at stake.

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Important Things to Note Before Interviewing While On Workers Compensation

Get a clear picture of your status: 

What is your status within your workers compensation case? For example, has your workers compensation doctor said that you are unable to work, or your work said they cannot accommodate your work restrictions. If that is the case, you are most likely to be receiving temporary disability payments from workers compensation or EDD. Have you been released back to work with no restrictions? Are you currently working with restrictions or no restrictions?

Workers’ compensation benefits may cease or decrease in amounts: 

If you are currently receiving Temporary Disability benefits and you go to work for a new employer that will either end your temporary disability benefits or decrease them if your new job pays less than your previous job. 

If you have been released from your treating doctor with no restrictions, you are free to go to work with a different employer even if your case has not been settled yet. This does sometimes get tricky if you do not agree with your doctor and think that you are too injured to return to work. If you are in doubt about what to do you should speak with an attorney.

If you are currently working for your employer with restrictions and want to go work for a different employer, you can do that. It is important that your job duties at your new job do not exceed your work restrictions. The same holds true if you are currently working for your employer and want to go work for a new employer.

If you go to work for a different employer, does it end your workers compensation case? 

An employer can go to work for a different employer in the middle of their workers compensation case and it will not end the case. Of course, as stated above the work must be within your work restrictions.

Discuss With Your Doctor: 

Before you start applying for a new job consult with your doctor first. This is to know whether you can be capable of taking on the workload of the new job. 

It is important to be on the same page with your doctor because if you accept a new job and find out too late that your injury will prevent you from performing at a high standard, you may be forced to resign. 

Even worse, if your workers’ benefits had ceased due to an increase in payment at your new place of employment you could be left with nothing.

Workers’ compensation is not permanent in every case:

Many employees confuse the term “Permanent Disability” with permanently being unable to work again. Just because a doctor finds a percentage of disability it does not mean you can not return to work. That is why it is important to clarify with your doctor and your attorney before you seek employment.

Talking to an Expert

Because of monetary pressures many injured workers are forced to make the decision of returning to work despite ongoing pain. It is important to speak to an attorney weigh the consequences of that decision. At The Morris Law Group, our team has significant experience navigating these issues. Please call us for a free consultation.

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What is the difference between Regular Social Security, Social Security and Social Security Disability?

Regular Social Security is retirement income you can begin to receive as early as 62 years of age. You have paid into this type of Social Security through Social Security Taxes you paid throughout your working life. Social Security Income (SSI) is not something you have paid into but is based upon age and disability. Social Security Disability Income (SSDI) is also not paid into but is based upon disability your disability or a disability a family member may have that can keep someone from working.

Can I Qualify for Both Workers Compensation and Social Security?

This question arises in a couple of different scenarios. The short answer is yes. You can qualify for both workers compensation and social security at the same time. Regular Retirement Social Security does not have any effect on workers compensation Temporary Disability or Permanent Disability payments. But SSI of SSDI benefits can be reduced if you are receiving Temporary or Permanent Disability payments. 

How Does Workers Compensation Affect Social Security?

While you can, in fact, receive both workers compensation and social security benefits at the same time, there usually is a limit to the amount you can receive.

Usually, even if you do qualify for both, the amount you end up receiving combined cannot be more than 80% of your income before you sustained the injury.

For instance, if after receiving 65% of your current earnings through workers compensation, you end up being eligible for an amount that gets the total above 80% of your current earnings, the amount you receive from social security will be reduced to a figure that balances the total to exactly 80%.

What Happens if There’s a Change in My Workers Comp Payments

SSDI is usually the benefit that gets adjusted to ensure the total amount you’re getting balances out at 80%. For this reason, if there is a change in your workers compensation payments (for example in a situation where it gets reduced or increased), you should endeavor to let the SSA know so that they can adjust your SSDI payments accordingly.

Failure to do so might lead to your SSDI benefits getting overpaid or underpaid.

What if I Receive My Workers Compensation as a Lump Sum?

Yes, it is possible to receive workers compensation benefits as a lump sum through a settlement package. In fact, in cases where you happen to be receiving workers compensation and social security at the same time, it may make sense to receive the former as a lump sum.

But, even if you do receive workers compensation as a lump sum, it doesn’t affect the 80% ratio. The Social Security Administration will still assume that you’re still receiving workers compensation, and the amount you get from SSDI may differ based on their prorate calculations. If you do receive a lump sum settlement, there are steps your attorney can take to mitigate the effect of the settlement on your SSI or SSDI benefits. Ask your attorney about a Hartman addendum to your settlement agreement.

Should I Have a Lawyer Help Me with My Workers Compensation and Social Security?

As you can see above, balancing workers compensation and social security benefits may get quite technical. Depending on the peculiar situation you find yourself in, you may end up receiving more or less than you ought to.

This is why it is actually very important to work with a lawyer. The Morris Law Group represents those who qualify for both workers compensation and social security. We help them handle their cases in such a way that ensures optimal outcome in both areas.

Contact us today for your initial consultation.

The post How Does Workers Compensation Affect Social Security? appeared first on The Morris Law Group.

At The Morris Law Group, our lawyers have years of experience protecting the benefits injured employees deserve. Our workers’ compensation attorneys in Riverside can guide you through the claims process and ensure your best interests are represented. 

What is the Purpose of a Vocational Evaluation for Workers’ Compensation?

A vocational evaluation for workers’ compensation is a tool used to determine an individual’s level of disability and how it impacts their earning potential.

Earning potential is also called earning capacity. It is a legal term used to discuss and compare:

• The possible wages an individual could have made had they not suffered a debilitating injury
• What potential income they can now make with their injuries

When calculating damages, the term is often used in personal injury and workers’ compensation cases. Every year, thousands of workers across the state are seriously injured in work-related accidents. According to the latest data from the US Department of Labor in California:

• 13,808 applications have been filed for workers’ compensation 
• 5,656 applications have been rejected

A vocational evaluation can hurt or help your claim, depending on the circumstances of your case. If your insurance company has asked you to have a vocational assessment, seeking the legal advice of an experienced workers’ compensation lawyer can protect your best interests. 

What is an Impairment Rating? 

Generally, employees are not asked to see a vocational specialist unless their treating doctor has given them an impairment rating. 

When a worker suffers an injury that affects the function of their body, body part, or mental facilities, an impairment rating is assigned to describe the severity. Impairments can range from mild to severe and are categorized as follows:

• Permanent impairment: Permanent impairments will never recover. Examples of permanent impairments may be spinal cord injuries that result in paralysis or loss of vision and blindness. 
• Temporary impairment: Employees are able to recover from temporary impairments after treatment and continuing physical and occupational therapy. A hip fracture, for example, may severely limit a worker’s mobility for an extended period of time. However, the fracture may heal without any permanent ailments. 

An impairment will limit or prevent an employee from performing various occupational tasks. Permanent impairments are given ratings to quantify the injury on a scale. Impairment ratings are set on a scale of 0% to 100%. 

During a vocational evaluation, an injured worker will undergo a series of physical and mental assessments to determine their occupational limitations. Once complete, the vocational expert will create a plan for the injured employer to return to the job market. A vocational plan will include:

• Any programs that would benefit the injured individual 
• Estimated training time 
• Workers’ compensation cost analysis 
• A detailed description of an injured employee’s earning ceiling 

Vocational specialists are used as experts. The insurance company will hire its own vocational expert and if you have an attorney he would hire his own vocational expert to rebut the insurance company’s vocational expert.  It is essential to know that your vocational evaluation is not confidential. Anything you say or do during the assessment may be used to support or hurt your workers’ compensation claim. Having an experienced attorney represent your best interests is critical if you have suffered a catastrophic work-related injury. 

Who Will Conduct My Workers’ Compensation Vocational Evaluation?

Vocational evaluators must meet a series of qualifications to be considered experts in the eyes of the court. Evaluators must:

• Have a master’s degree from an accredited school
• 3 years of professional experience
• Pass an exam conducted by the National Board for Certified Counselors (NBCC)

Insurance companies often prefer to work with specific doctors and vocational evaluators. While workers’ compensation is created to aid injured employees, the insurance company that provides those funds may fight to minimize payouts on claims. A vocational evaluation that encourages returning to the workforce in a different capacity is a standard tool.

Hurt workers can exercise the right to have their evaluation examined by another party. A workers’ compensation lawyer can advise employees of their rights throughout the claims process. 

What Are My Rights in California?

Under California law, every injured worker has a right to:

• A fair and unbiased vocational evaluation
• The presence of an attorney during the exam
• A second opinion by another evaluator

Unlike doctor-patient confidentiality, there is no privacy with a vocational expert. Vocational specialists are paid to assess everything said and learned during the evaluation and file their report to all relevant parties. 

What Should I Expect at My Vocational Evaluation?

To create your vocational plan, your evaluator will assess your injuries and impairments and how they will impact your occupational potential. 

Work History

Your evaluator will ask a series of detailed questions regarding the types of jobs you have worked and the skills used during employment. The goal is to assess your work history with your recent impairments to gauge what kind of jobs you may qualify for in the future. 

For example, a machinist who has worked 20 years doing the same repetitive tasks may be ill-equipped to manage a restaurant.

Education and Occupational Training

The level of education and special training is an important factor to an evaluator. The vocational expert will ask questions regarding:

• Have you completed any degrees? 
• Have you had any specialized training for your career or occupation?
• Do you have your CDS license?
• Have you earned any special certifications during employment?

Your education in a particular industry or field could mean you are unable to transition effectively to a new occupation. 

Occupational Skills

Your vocational expert will review any skills you have developed throughout your occupational history. The purpose is to determine if you have any transferable skills despite your limitations. 

Common transferable skills involve:

• Critical thinking
• Multitasking
• Communication
• Technical
• Teamwork
• Creativity
• Leadership

Computer skills are the most transferable and have allowed more disabled workers to find gainful employment than at any other point in American history. 

Injuries and Medical Treatments

A detailed assessment of your injuries is needed to evaluate your impairment properly. In addition, the vocational expert will examine what treatments you have received, medications you have taken, and what your medical future may be. 

It is critical to your case that you continue to attend your appointments and take your prescribed medication. If you stop seeing your treating doctors, it may hurt your workers’ compensation claim. 

Evaluation of Your Physical Condition and Limitations

The vocational specialist will also evaluate your physical condition and limitations. Injuries and functionality are different. Injuries refer to bodily damage. However, functionality refers to an impairment that prevents a person from a range of activities or ability to perform an occupation. 

Assessing your physical and mental limitations is paramount to your workers’ compensation claim or disability case. 

Achievement Test

The vocational expert will conduct an achievement test. Typically, the evaluator will use the Wide Range Achievement Test and focus on the following abilities or limitations:

• Spelling
• Arithmetic 
• Language skills

Vocational Report

After your vocational evaluation, the assessor will create a report. A vocational report summarizes all aspects of your assessment to determine your occupational abilities and limitations. 

Generally, your vocational report will consist of the following:

• Occupational strengths and weaknesses
• Transferable skills
• Aptitude test

Your vocational evaluator will use the assessment to determine what work fields are suited to your abilities. 

How Can a Workers’ Compensation Lawyer in Riverside Help My Case? 

A Riverside workers’ compensation attorney can help claimants through the processes and ensure they receive the settlement they deserve. 

Our highly accomplished legal team at The Morris Law Group has more than 3 decades of experience. We provide:

• Free case evaluations
• Communication 24 hours a day, 7 days a week
• Representation on a contingency fee basis

Our award-winning attorneys boast a 99% success rate. We have recovered millions for our clients in settlements and verdicts. If you have been injured in the workplace, schedule a free consultation today by calling (951) 680-1182.

The post What Is A Vocational Evaluation In Workers’ Compensation? appeared first on The Morris Law Group.