If an incompetent driver borrows a car from someone, the legal theory of negligent entrustment allows you to pursue damages against the car owner. Below are four things you must prove to succeed with the negligent entrustment claim.
1. The Car Owner Entrusted Another Person With the Car
First, prove that the car owner entrusted another driver with their car. That is, the driver must have taken control of the car with the owner’s knowledge. An example is someone who loans their car to a neighbor or friend.
However, negligent entrustment law doesn’t apply if the driver acquired the car without the car owner’s knowledge. For example, the law won’t apply if someone steals your car and causes an accident with it.
2. The Person Was Incompetent
Secondly, prove the driver’s incompetency. You can use the following factors as proof.
Lack of Driving License
A driving license certifies that someone is fit to drive. Thus, someone without a driving license is unfit to drive. That is the case whether the person has never had a driving license or the authorities have suspended/revoked their license.
Intoxication
Intoxication impairs judgment, reduces reaction times, induces sleepiness, and has many other effects that make driving dangerous. Thus, an intoxicated person is an incompetent driver.
DUI Convictions
A history of DUI convictions is also a sign of incompetency. The correlation applies even if the driver wasn’t intoxicated when they received the car from its owner. The more the past convictions are, the more accurate this analysis is.
History of Recklessness
A history of reckless driving, especially recklessness that leads to accidents, also shows incompetency. For example, say the driver has been involved in a road rage incident, has multiple traffic tickets, among other driving mishaps. A reasonable person would agree that such a driver is incompetent.
Dangerous Medical Condition
Lastly, some medical conditions also make driving dangerous. For example, unexpected and frequent seizures increase the risk of an accident. Thus, a driver with such a health condition is incompetent.
3. The Car Owner Knew About the Incompetency
Third, negligent entrustment only applies if the car owner knew about the driver’s incompetency. This knowledge can be either actual or constructive.
Actual knowledge means that the car owner specifically knew that the driver was incompetent. For example, say the driver showed up staggering and with alcohol in their breath. In such a case, the car owner knew that the driver was intoxicated.
Constructive knowledge means that the driver should have known about the incompetency. Consider a junior teenager who borrows a car from their neighbor. The teenager doesn’t have a driving license, but the neighbor neither confirms this fact nor the teenager’s age. You can use negligent entrustment against the car owner if the teenager causes you injuries in an accident.
4. The Driver’s Incompetency Caused the Accident
Lastly, you should know that negligent entrustment only applies if the incompetency directly caused the accident. Consider a driver with a history of multiple DUIs who ends up drinking and driving after borrowing a car. You can pursue a negligent entrustment claim against the car owner if the intoxication causes the driver to lose control of the car and crash into you.
The situation is different if the driver crashes into your car because the car’s braking system is defective. In such a case, you have to use alternative legal theories to pursue your auto accident damages.
Spooner & Perkins P.C. have a long history of fighting for injury victims’ rights. We know the tactics insurance companies use to avoid spending a lot of money on your case. Contact us for a consultation on your auto accident case to determine how to get maximum compensation for you.
TIPS FOR REPORTING A WORKPLACE INJURY IN MISSOURI
How you resume work after a workplace injury affects your recovery, productivity, and workers’ compensation benefits. Involve all concerned parties in your return to work to minimize its effects on your life and make the process easy for everyone. Below are crucial tips that may help.
Get Adequate Medical Treatment
The first step in getting back to work is to recover from your injury, and the best way to hasten your recovery is to get adequate medical treatment. The choice of doctor who treats your injuries depends on state laws. For example, in Missouri, your employer chooses your treating physician. However, you must petition the workers’ compensation department before changing doctors.
Follow all instructions from your doctor. For example, you should consult specialists your primary physician may direct you to see. Otherwise, your recovery might delay, and you might not return to work on time.
Explain Your Job to Your Doctor
Explain your job and workplace duties to your doctor. The doctor needs the information so they can make an informed decision on when you can resume work and which duties you should avoid at any time. Many doctors will only clear you for work once you achieve maximum medical improvement.
For example, you might struggle to stand for long periods if you have a limb fracture. Explaining that your job requires long periods of standing to your doctor may help them delay your return to work until the fracture heals.
Communicate Your Recovery
Communicate your recovery to all relevant parties, including your doctor, workers’ compensation insurer, and employer. The employer needs your recovery details to know when to expect you back to work. You should especially notify your employer when your doctor clears you to return to work. Make the notification in writing.
Explain Your Disabilities and Limitations
You don’t have to completely recover before you return to work. You may resume work even if you cannot perform to your pre-injury levels. However, your supervisor or employer should know your limitations. That way, the employer knows that to expect from you and does not assign you duties you cannot handle.
For example, your employer should know if you cannot stand for long, cannot bend, or cannot carry heavy weights. Ideally, you should have a doctor’s medical report explaining your limitations; don’t expect the employer to take your word for it.
Obey Doctor Instructions
Don’t exceed your doctor’s instructions once you resume work. For example, don’t carry 50 pounds if your doctor has limited you to 20 pounds. Always seek clearance from your doctor before changing your work or handling more duties than the doctor prescribes. Otherwise, you might complicate your injuries and delay your recovery further.
Accept Workplace Changes
Lastly, don’t expect the workplace and your work to be the same as before the injury. Your employer may modify your work or workplace to suit your disability and limitations. For example, the employer may:
- Reassign you to a different department where you can work with your limitations
- Ask you to undergo further training so that they can assign you to different duties
- Give you a different schedule or modify your shifts to accommodate your injury
- Modify your workplace and duties, for example, by giving you a standing chair if your injury means you should not sit for extended periods
- Allow you more frequent breaks than other workers
Do your best to accept these changes even if you think they stifle your career projection.
Work resumption may terminate or reduce your workers’ compensation benefits. Contact Spooner & Perkins P.C. Attorneys at Law for help if you feel you are not receiving the benefits you should be receiving. We can also help you with any other workers’ compensation issue you may come across.
PROVING FAULT IN PERSONAL INJURY CLAIMS
A plaintiff in an auto accident case must prove the defendant’s liability to get compensation. Below are some legal theories you can use to prove liability.
Negligence
Negligence is a legal principle that makes someone liable for your injury if their carelessness has caused your injury. You must prove the following elements to succeed with a negligence claim:
- Duty: You need to prove that the defendant had a legal obligation to act in a manner that wouldn’t harm you. For example, as a pedestrian, other road users (such as motorists) have a legal obligation to drive safely to not harm you.
- Breach: Secondly, you must prove that the defendant failed in their duty of care. For example, a motorist who doesn’t stop at a pedestrian crossing has breached their duty of care to pedestrians.
- Causation: Third, you must prove that the defendant’s breach caused your injury. For example, a driver can cause your injury by running the red light and knocking you down.
- Damages: Lastly, you must prove that the defendant’s actions caused your actual injuries. That is, a near-miss of scare doesn’t count – you must suffer actual injuries to succeed with a negligent claim.
Negligence Per Se
Negligence per se is a stricter form of conventional negligence law. You must prove these things:
- The Defendant Violated a Law: Negligence per se claims only apply to cases where the defendant has breached an existing law or regulation. For example, the law requires motorists to stop when a school bus stops. Therefore, a motorist who overtakes a stopped school bus violates that law.
- The Law Enhanced Public Safety: Negligence per se claims only apply to violations of public safety laws. For example, the school bus law above keeps children safe since they lack the awareness to cross highways or roads safely.
- You Belong to the Class the Law Protects: You must prove that you are a member of the class that the violated law protects. These laws don’t apply if a motorist overtakes a stopped bus and knocks you down, but you are not a student, and you weren’t on the bus.
Strict Liability
The two forms of negligence above aren’t the only ways to prove liability in an accident. You can also use the legal theory of strict liability. This legal theory applies fault to a defendant without regard to the defendant’s fault.
Here is what you must prove to succeed with a strict liability claim:
- The Defendant’s Actions Were Unusually Dangerous: Strict liability only applies to activities that carry an unusual level of danger. For example, transporting explosives is a highly hazardous activity, so it’s subject to strict liability laws.
- You Suffered Injuries: You must also prove that you suffered actual injuries. Medical treatment history is usually adequate proof.
- The Defendant’s Action’s Caused Your Injuries: You must also link the defendant’s actions directly to your injuries. For example, you cannot use a strict liability claim if you crash your car due to distraction by a burning explosives truck.
Intentional Conduct
Lastly, you can also use intentional tort law to make someone pay for your injuries. Intentional tort laws apply to intentional acts or conduct. Here is what you must prove in this case:
- The Defendant Acted Intentionally: Intentional tort only applies if the defendant intended to commit the alleged act. For example, a driver commits an intentional act if they ram another car in a fit of road rage. Thus, road rage can trigger an intentional tort claim.
- The Defendant Caused You Injury: Secondly, you must tie the defendant’s intentional act to your injury. Indirect injuries don’t count.
- The Defendant Foresaw Your Injury: Lastly, you must prove that the defendant knew or should have known that their actions would cause you injury. For example, all drivers know that crashing into another car can cause injury.
Spooner & Perkins Attorneys at Law have decades of legal experience. Contact us to evaluate your case and help you pursue your accident damages.
You can process workers’ compensation benefits without consulting a lawyer. However, legal consultation is advisable for complicated cases. A workers’ compensation lawyer can help you preempt and deal with the complications, thereby maximizing your benefits. Below are some issues that trigger the need for a lawyer.
Employer Difficulties
An injured employee, their employer, and workers’ compensation insurance all have duties to ensure the injured worker receives the benefits they deserve. For example, the employer should:
- Provide emergency medical care immediately after a worker reports an injury
- Complete an injury report for the injured worker
- Report the injury to workers’ compensation insurance
- Comply with all requirements from workers’ compensation insurance
- Not retaliate against you for filing a workers’ compensation claim
Most employers know and execute their duties, but some might not want to cooperate. Consult a lawyer if your employer is one of the difficult ones. The lawyer will know what to do to get you the compensation you deserve.
Claim Denial
You should also consult a lawyer if workers’ compensation insurance has denied your claim. Maybe you didn’t:
- Follow the right procedures
- File your application in time
- Provide all the relevant documents
- Prove the injury’s connection to your work
The lawyer will evaluate your case plus the initial application and help you appeal. Say your employer’s injury report wasn’t accurate enough, and workers’ compensation didn’t see the work-injury connection. Your lawyer may spot where the problem is, iron out the difficulties, and help you get the benefits.
Insufficient Benefits
Workers’ compensation benefits aren’t arbitrary; the law determines the specific benefits each injured employee deserves. For example, depending on the nature of your injuries, you should get:
- Reimbursement for medical treatment
- Compensation for lost wages
- Disability benefits
- Vocational rehabilitation
State law also determines the value of these damages. In some cases, you might not get all the benefits you deserve, or you might not get the exact amount you should get. Consult a lawyer if you feel the calculation has given you fewer benefits than you deserve.
Permanent Disability
Two things mean you need a lawyer if you have suffered a permanent disability. First, compensation for permanent disabilities should be higher than compensation for cases without disabilities. The more potential benefits, the higher the stakes are should something go wrong. Thus, permanent disability requires you to err on the side of caution and hire a lawyer.
Secondly, the calculations for permanent disability benefits are not always straightforward. For example, the calculation of permanent disability benefits in Missouri involves:
- The affected part of the body
- The severity of the injury
- Your average weekly pay
Average weekly pay and injured part of the body can be relatively easy to figure out. However, the severity of the injury is a common cause of dispute. A lawyer can help you prove your injury’s severity.
Preexisting Conditions
Workers’ compensation only compensates for work-related injuries. Workers’ compensation has to determine which of your injuries stem from the latest accident and which ones are preexisting. This determination isn’t always easy, and you can easily end up shortchanged. Using a lawyer from the beginning is a good way to preempt these difficulties,
Simultaneous Government Benefits
Lastly, you should also consider a lawyer if you are receiving or expecting government benefits. For example, Social Security Disability Benefits (SSDI) can affect your workers’ compensation benefits. The effect arises because you shouldn’t get double compensation for the same injury. Luckily, a lawyer can help you minimize this effect.
Spooner & Perkins P.C., Attorneys at Law, has been active in the workers’ compensation industry for over 55 years. We understand the difficulties workers go through when pursuing workers’ compensation benefits. Contact us for a consultation to help you recover your benefits as you focus on recovery.
TIPS FOR GETTING A LAWYER TO TAKE YOUR ACCIDENT CASE
Getting a lawyer to handle your accident case is not difficult. However, lawyers don’t sign all the clients that consult with them. Below are some tips to get a lawyer to handle your accident case.
Watch Out for Critical Deadlines
You have to notify the relevant parties after an auto accident. The relevant notifications depend on the type of accident, defendant, and intentions. For example, you must notify the police and your insurance carrier after an accident. You must also notify the liable party if you wish to pursue compensation.
Some notifications have strict deadlines. For example, you have 90 days to file an accident claim against a Missouri government agency or employee. You should file a civil claim within five years, which is the statute of limitations for Missouri injury cases.
Do everything within its deadline so that you don weaken your case. Otherwise, lawyers might be reluctant to take your case due to low chances of recovery.
Note that some exceptional circumstances can extend the statute of limitations. Thus, never assume that you are time-barred from filing a case. Consult a lawyer and let them decide.
Mitigate Damages
Accident victims have a duty to mitigate their damages. Damage mitigation measures include:
- Getting prompt medical care
- Following doctors’ instructions
- Getting back to work as soon as possible
- Securing and protecting damaged items, such as vehicles
Take such measures so that the liable party doesn’t accuse you of aggravating your damages. That way, your prospective lawyer will see that your damages directly stem from the defendant’s actions.
Be Honest
You should also be honest with the parties you will be dealing with. For example, you should be honest with:
- Your treating physician
- The independent medical examiner (IME)
- Your injury lawyer
- Your insurance company
You don’t have to volunteer information to those who don’t need it or those who might harm your case. However, if you answer a question or volunteer information, ensure it is nothing but the truth.
You should especially be honest with your lawyer. In fact, you should volunteer all the facts of the accident to your lawyer. Your lawyer needs the information to strengthen your case and anticipate potential defenses from the opposing side. Your honesty also strengthens your credibility, especially if your case proceeds to court.
Consult the Right Lawyer
Lawyers specialize in different areas of law. For example, some lawyers only handle family law cases (things like divorce), others deal with business issues, and others handle immigration matters. A personal injury lawyer is the right person to handle your accident claim. Other lawyers might turn down your case or refer you to their colleagues who can handle your case.
Preserve Evidence
Lawyers are interested in cases they can win. No lawyer wants to waste your or their time with an impossible-to-win case. Your evidence’s strength determines how likely you are to win and recover accident damages. The evidence depends on the nature of your case. Examples of evidence in an auto accident include:
- Pictures and surveillance videos of the accident
- Police report
- Your medical history
- Accident investigation reports
The evidence might get stale or disappear with time, thereby weakening your case. Move fast after the accident to secure and preserve various forms of evidence.
Manage Your Expectations
Your accident lawyer will evaluate your case and advise you on how to proceed. Although injury cases can be unpredictable, an experienced lawyer can get a good estimate of a case’s worth. Even if you don’t agree with the lawyer’s assessment, your expectations should fall within a reasonable range of the lawyer’s assessment.
Spooner & Perkins P.C., Attorneys at Law, have decades of experience in injury law. Contact us for a free consultation to review your case.
If you have filed an injury case, expect the insurance company to request an independent medical examination. Insurance companies use independent medical examinations to verify injuries and make an appropriate settlement offer. Below are some questions the independent medical examiner (IME) may ask you.
Have You Ever Had Any Previous Injuries?
The IME may use this question to assess any previous injuries you might have. If you answer in the affirmative, expect a follow-up question to determine the nature of your preexisting injuries. The goal is to determine if your preexisting injuries, and not the accident, caused your injuries.
Don’t forget that the defendant is only liable for the damages stemming from their actions and nothing more. However, you deserve full compensation if your accident aggravated your preexisting injuries. According to the eggshell skull rule, the defendant’s liability doesn’t reduce just because you were more susceptible to injuries than the average person.
What Problems Did You Experience at the Time of the Accident?
This question seeks to determine the nature of the injuries you experienced at the time of the accident. The IME will compare your answer to your medical records. Discrepancies in the two sources of information will undermine your creditability. An answer that corroborates the information in your medical records may strengthen your case.
What Did You Do After the Accident?
In this case, the IME wants to know whether your actions immediately after the accident contributed to your injuries. Say you felt a sharp pain in your back but went home for bed rest instead of seeking medical care. The defendant (through their insurance company) might argue that your action contributed to your injuries.
Don’t forget that you must mitigate your damages after an accident. Seeking prompt medical care is one way of mitigating your damages. Your actions after the accident may also reveal your injuries. For example, running to assist other victims might indicate that you weren’t seriously hurt.
On a Scale of 0 to 10, How Would You Rate Your Pain?
One reason for this question is to determine the level of your pain. Remember that pain and suffering are part of your overall damages. Another reason is to determine your credibility. The IME will compare your answer to your medical records. Your level of pain should be proportional to the injuries in your records.
Expect related follow-up questions from the IME. For example, the IME may ask you to rate your pain from a week ago and compare it with the current rating. Such follow-up questions check your consistency, determine your recovery progress, and determine your limits.
How Do You Spend a Typical Day?
The main purpose of the independent medical examination is to verify the injuries you claim. A review of your daily activities will help with the verification. If you are in pain and your doctor has ordered bed rest, a description of your daily activities should reflect the same. For example, claiming a bad back and engaging in strenuous physical activities is a contradiction.
Which Medications Are You Taking?
Your medications should correspond to your treatment, and medications are part of treatment. Your medications also point to the nature of your injury. For example, if you claim the highest level of pain, the IME will expect pain medication in your answer. Your answer will also verify whether you are following your doctors’ orders, which is also part of your damages mitigation.
Answer all questions honestly during your examination. However, don’t volunteer information that the IME doesn’t ask. Spooner & Perkins, P.C., can prepare you for the examination so that your actions or answers don’t harm your case. Contact us for a free initial consultation to review your case and determine the best way forward.
You should always be alert to the risk of burn injuries if you work in a restaurant kitchen. Luckily, many people work in commercial kitchens without suffering such accidents. Below are some helpful tips to help you avoid burn accidents in a restaurant kitchen.
Use Appropriate Safety Gear
Safety gear is necessary for every workplace. In a restraint kitchen, some of the safety gear you need includes:
- Protective gloves or mitts to prevent hand burns when handling hot items, such as pans
- Non-skid shoes to prevent slip and fall accidents, especially given the risk of fluid spills that can make kitchen floors slippery
- Splatter guards to prevent burn injuries from grease splatters
Use safety gear every day at work. Don’t get complacent even if you have many years of experience working in the kitchen.
Leave Emergency Exits Clear
Don’t block the emergency door, even temporarily. Put everything in the right place. You need the emergency door clear so that you can escape to safety in case a fire outbreak overwhelms the kitchen. You should also note where the emergency doors are on your first day of work. After all, you don’t know when you might need them.
Don’t Reach Over Hot Things
Never reach across or over hot things in the kitchen. Say you want to grab something on the other side of a hot pan, food, or water — don’t reach over it. Instead, walk around or ask someone on the other side to bring around the item you want. You might burn yourself if you slip and fall. For example, you might lose your balance if the item you want is heavier than it looks.
Avoid DIY Repairs
DIY repairs are not advisable in the kitchen unless you have the relevant skills and experience. You can easily make a mistake and trigger a burn accident. Specifically, you should not repair:
- Electrical items, such as electric cookers or electrical outlets
- Cooking appliances, such as ovens or ranges
- Fuel or energy delivery systems, such as gas lines
For example, you might think you have fixed an electrical outlet only to start an electrical fire when you try to use it. Follow your workplace’s protocol or inform your supervisor if something breaks down.
Obey Relevant Regulations
You should also follow all laws and regulations that govern kitchen safety. Good restaurants have safety regulations for their employees — including those that specifically relate to fire safety. You should attend all fire safety training and participate in fire drills your employer might commission.
The Occupational Safety and Health Administration (OSHA) also has regulations for restaurant safety. For example, OSHA requires all restaurants to have fire extinguishers and all employees to memorize all the devices’ locations. Ensure you understand and adhere to such OSHA regulations as closely.
Maintain Tidiness
Lastly, you should not underestimate the role of tidiness in burn prevention. Here are some examples of potential accidents in an untidy kitchen:
- You might slip and fall onto hot food, liquids, or utensils
- You might unwittingly start a fire if you have flammable debris in the kitchen
- Debris or carelessly placed items might block your path to the emergency doors
- Misplaced items might block the fire extinguishers
Make kitchen tidiness your responsibility. Encourage your colleagues in the kitchen to be tidy.
Hopefully, you won’t suffer burn injuries or any other injuries in your restaurant. If you suffer a work injury, don’t forget that you are entitled to workers’ compensation benefits. Spooner & Perkins, P.C., have the skills and experience to help you pursue the benefits. Contact us for a consultation to determine your benefits and help you get them.
COMMON ACCIDENTS AND INJURIES IN UTILITY WORK
Utility employees can face different accident risks because of the nature of their work. Every utility employee should understand the risks in their job to take relevant measures to avoid injuries. Discover some potential accidents and injuries that utility workers face every day.
Falls
Falling accidents come in various ways. They include:
- Slip-and-fall accidents
- Trip-and-fall accidents
- Falls from heights
Slip-and-trip accidents are common since utility workers work in all kinds of environments. Icy surfaces, uneven terrain, and grounds littered with different objects can easily lead to fall accidents. Some utility workers, such as electricians, also work at heights on ladders or rooftops. Working at a height almost always involves the risk of falling.
Electrocution
Utility workers face a high risk of electrocution for two main reasons. First, some utility workers work directly with electricity and electrical items. Secondly, even utility workers who do not work directly with electricity work around electrical installations. For example, a utility plumber might get around malfunctioning electrical wires and potentially suffer electrocution.
Auto Accidents
Utility workers tend to go where the jobs are. They move from site to site to install, service, and repair equipment. Being on the road constantly increases the risk of auto accidents.
Fires and Explosions
Equipment or systems that involve fuel, electricity, or combustible materials increase the risk of fires and explosions. For example, workers on gas lines or installations can suffer burns due to gas accidents. Electrical malfunctions can also lead to dangerous electrical fires.
Poor Ergonomics
Working in awkward postures increases the risk of musculoskeletal injuries. For example, a utility worker servicing equipment in a confined space might have to twist their body for extended periods. Several days of such work can lead to musculoskeletal injuries.
Environmental Stress
Although utility workers operate in different environments, many of the environments are outdoors. Outdoor work exposes them to different weather elements, which comes with potential stress.
For example, working outdoors during the winter increases the risk of cold stress and related injuries, such as frostbite and hypothermia. The risk of heatstroke and dehydration increases during the hot seasons. The risk of environmental stress is often even higher for utility workers who engage in emergency work since they have to work at odd hours.
Collapses
Some utility workers also face a high risk of injuries from collapsing structures or ground. The risk is especially high for those who work:
- In trenches
- In tunnels
- In derelict structures
- In underground structures
Say you are laying cables in a trench, and the ground is not as stable as you think. A trench collapse can hurt your limbs and leave you unable to work for some time.
Exposure to Toxic Substances
Exposure to toxic substances increases can lead to occupational illnesses and injuries such as respiratory illnesses, cancers, skin burns, and eye injuries. Utility workers who work in old buildings, with gases, and with harmful chemicals (such as refrigerants) have a high risk of such injuries.
Overexertion
Some utility workers also work long hours and suffer overexertion injuries. Say a disaster, such as a storm, has caused a power or gas outage in a certain neighborhood. The relevant utility workers might have to work long and hard until they restore the services. The result might be overexertion injuries, such as muscle strain and joint sprains.
Despite your best efforts, you might not be able to avoid workplace injuries forever. Spooner & Perkins Attorneys at Law can help you pursue workers’ compensation if you suffer a work-related injury. Contact us for a free initial consultation to review your injury and help you with your claim. We look forward to helping you.
An on-the-job accident that leads to an injury typically falls under the purview of Workers’ Compensation. However, you may need more for your injury than you can obtain from a workers’ compensation claim. You can file a personal injury claim as well, but only under specific circumstances. Here is how workers’ compensation can work with a personal injury claim for the same incident.
Workers’ Compensation and Personal Injury Are Not the Same
Accidents at work can happen at any time for any reason. Workers’ compensation exists to help workers while protecting employers from lawsuits. Even if the accident at the workplace occurred because of negligence, workers’ compensation will still represent how you obtain the funds you need for medical care and loss of work.
By contrast, a personal injury case involves an accident stemming from negligence that leads to an injury. When the fault isn’t completely your own, you can press a lawsuit against any person or group involved in the chain of negligence leading to your injury.
Workers’ Compensation Does Not Allow Damages for Pain and Suffering
Pain and suffering includes the physical and mental distress caused by an injury. For example, a broken bone comes with actual dollar amounts attached. You pay to have the bone treated and healed. You can calculate how much money you lose from lost wages and potential wages.
By contrast, it’s hard to put a dollar amount to how much the injury affected your life in other ways. Did your injury cause you depression? Does your injury cause you pain affecting everything you do? Did the injury cause you to miss plans you made with your children or significant other?
These things fall under pain and suffering. Workers’ compensation only pays out for damages that come with a dollar amount. If you feel you need compensation for pain and suffering, then your only option is to press a personal injury claim. Unfortunately, you cannot press such a claim directly against your employer.
Workers’ Compensation Does Allow You to Pursue Further Compensation
A single incident can allow you to collect your workers compensation while also pursuing a personal injury claim. The most common way this works is through a third-party claim. If a third party holds any responsibility for your workplace accident, you can press a claim against that entity.
For example, if you fall from scaffolding on the job and suffer an injury, you can and should go through the workers’ compensation process. If the scaffolding failed because a third party didn’t erect it properly, you can pursue damages from the scaffolding company.
Third-party lawsuits require the third party to have a duty of care and verifiable negligence showing they violated that duty of care. You will have to prove negligence and negotiate with the third-party’s insurance company.
Workers’ Compensation Can Affect a Third-Party Lawsuit
A workers’ compensation claim changes how a third-party lawsuit works. The insurance company that administers the workers’ compensation can place a lien on damages awarded to you for a third-party lawsuit. Sometimes, the insurance carrier also files a lawsuit against the third party to recover funds used to pay for your workers’ compensation benefits.
Depending on how the process plays out, you may have to return some of what you’re awarded to the workers’ compensation insurer. How this works depends entirely on your specific case.
Speak about the possibility of a third-party lawsuit with an attorney who knows both personal injury and workers’ compensation law in your area. At Spooner & Perkins, P.C., we have decades of experience dealing with both types of claims. If you have questions about a workers’ compensation claim, personal injury claim, or both, contact us immediately.
HOW TO AVOID BEING REAR-ENDED
Vehicle safety devices lessened the number of fatalities from car crashes during 2017, but the overall number of accidents and resulting injuries continue to rise across the country. This reality gives reason to reflect on additional measures you can take to lessen the likelihood of a car crash.
According to the U.S. Department of Transportation, 33% of car accidents in 2015 were rear-end crashes. Often the nature of being struck from behind leaves little room for avoidance, but you can still practice better driving habits to lessen the likelihood you will be hit. Take a look at these ways you can avoid being rear-ended in traffic.
Practice Better Brake Techniques
One of the hallmarks of experienced drivers is good brake skills. When you were a new driver, you probably hit the brakes with less finesse, which resulted in choppy or sudden stops. Over time, you learned to execute a smoother stop. However, you may still have room for improvement when it comes to how your braking affects the driver behind you.
Anticipate Your Stopping Distance
As you approach a stop sign or traffic light, look farther down the road ahead of you so you can begin the deceleration with enough time to implement a smooth stop.
When you fail to anticipate your stopping distance and must resort to slamming on your brakes, the driver behind you is suddenly part of the chain reaction you create. When other drivers are unable to react in time, the result is usually a rear-end accident. Instead, an anticipated stop is gentler and slower, which allows the driver behind you to do the same.
Leave Yourself an Out
Remember when your driver training instructed you to leave yourself an out, or a way to safely escape traffic, while you’re on the road? The same principle applies to when you prepare for a stop as well as maneuvering a crowded freeway.
Anytime your car slows to a stop in traffic, mentally prepare an escape route if the vehicle behind you fails to notice your speed change or stop. When you can quickly change lanes or enter the shoulder safely, you might avoid being rear-ended by another car.
Don’t Crowd Cars
As you slow down and prepare to leave yourself an out, don’t crowd the car in front of you. When you stop right behind someone’s rear bumper, you leave little or no room for escape if the need arises. Instead, leave a car length of space between your bumper and the car in front of you.
The same concept applies to when traffic is flowing. Resist the urge to follow too closely the car in front. Your braking time lessens the closer you are to another vehicle. Try to leave at least 3 seconds of space between you and the car in front of you, which gives you more room to stop suddenly if the need arises.
Check Your Brake Lights
You may be surprised to learn the cause of your rear-end accident was because the other driver could not see your brake lights. Drivers behind you are unable to know you are preparing to stop if a brake lightbulb needs to be replaced. A burned-out brake light is especially dangerous at night when you rely on those distinct red lights to alert others.
You may still experience a rear-end accident despite improving your braking skills and checking your brake lights. The experts at Spooner & Perkins, P.C., want you to receive the right compensation for your injuries from this type of collision. Contact us for help after your car accident if you suffer from back pain, neck pain, or other signs of whiplash.
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- 816-572-6324
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1201 East Street
Parkville, MO 64152
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Sat-Sun Closed
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