Permanent partial disability benefits also are a benefit covered in workers compensation claims. Permanent partial disability benefits are paid out at the end of a workers compensation claim once the injured worker is at what the law calls “maximum medical improvement” meaning that doctors have exhausted their remedies and there is nothing more they can do to improve the medical condition of the injured worker. This may be because the injured worker is completely healed, or that the injured worker may never be completely healed. Once the doctor has made that analysis, the injured worker will be given an Impairment Rating. The permanent partial disability payments are based on the rating, except in certain situations where a schedule of benefits applies.

For more information on this subject or to find out how the Mintz Law Firm, LLC can help you please give us a call today at 1-800-4injury (465879) or 303-462-2999. You can also email us with any questions: Send your email to was@4injury.net

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One of the benefits to which an injured worker is entitled an are temporary total disability benefits,  which are paid out while the Workers Compensation claim is ongoing. This means that if the workers compensation doctor completely restricts the injured worker from working, or puts on light duty restrictions with which the employer cannot comply,  the workers compensation insurance company is required to pay that injured worker two thirds of the worker’s average normal pay, or 66.66% of that average, for anytime that the injured party is out of work. This portion of a workers compensation claim also is not contingent upon the type of injury sustained, or the total amount of time that the worker may be missing from their employment. Temporary total disability benefits are paid out simply because the party is unable to work.

For more information about Colorado’s workers compensation laws or for legal representation regarding a workers compensation claim please give the Mintz Law Firm, LLC a call today. 303-462-2999 or 1-800-4injury (4465879) or send us an email to was@4injury.net.

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Claims made in connection with injuries incurred at work under the Colorado workers compensation system differ from other types of injury cases because there is no need to prove that the injury was caused as the result of the fault or negligence of another person or entity. This means that an injured worker cannot have their claim affected because of their own fault, either.  Except that the use of alcohol or drugs can reduce the value of the claim.  If a person is injured while working, whether the accident could be determined to have been caused by the injured worker or not, that worker is still entitled to benefits under the workers compensation system.

For more information about Colorado’s workers compensation laws or for legal representation regarding a workers compensation claim please give the Mintz Law Firm, LLC a call today. 303-462-2999 or 1-800-4injury (446-5879) or send us an email to was@4injury.net. As always please like us on Facebook. http://www.facebook.com/pages/Mintz-Law-Firm/157701940927440

A Sacramento Superior Court jury is attempting to decide who is responsible for a motorcycle accident that left a passenger with brain injuries – Harley-Davidson and one of its dealers or the driver who crashed the motorcycle. The contentious issue within the article is about the ABS icon on the motorcycle. When a motorcycle’s wheels lock up bad things such as the motorcycle may flip over.

The driver said he slammed on the brakes when traffic backed up while he was traveling 65 mph. The brakes locked up the rear wheel sending the bike into a slide; his now estranged wife was catapulted 35 feet forward onto the pavement. The woman suffered a serious brain injury; skull, facial, rib, and scapular fractures. She now has a prosthetic skull and permanent brain softening. Pain and assorted disorders will render her unemployable the rest of her life. Her attorney said she will sustain $2.6 million in lifetime economic damages.

At the time of the accident, her husband told police that the antilock braking system (ABS) had somehow malfunctioned. But, there is another key fact in this case – the bike never was equipped with an ABS even though an icon on the motorcycle’s tachometer suggested it did.

The plaintiff contends that a salesman at the Harley-Davidson dealership negligently misled the couple to believe that the 2008 Road Glide cruiser had an anti-locking brake system when it did not. The defense contends that if the motorcycle had been equipped with ABS, the icon would have illuminated; the couple should have known that if the icon never lit up, the bike was not equipped with antilock brakes. The defendant also said, “There is nothing odd or unique about having an ABS icon on a non-ABS bike; adding a separate tachometer for the two types of bikes would bring the assembly line to a halt.” Harley-Davidson contends that the plaintiff is totally at fault because the couple should have known the bike’s features after owning it for 15 months.

The jury must decide whether the ABS icon on motorcycles without ABS brakes constitutes a design flaw. If Harley-Davidson is found at fault, the manufacturer would be liable to the plaintiff for 2.6 million dollars in damages and no doubt be forced to issue a massive recall. Such a decision could affect all motorcycle manufacturers.

There is very little that a motorcyclist can do when the wheels lock. According to the Insurance Institute for Highway Safety, there are proven benefits of an anti-lock braking system on motorcycles (increases driver control, decreases stopping distance, prevents the wheels from locking up in case of a hard brake), however, motorcycle manufacturers have not exactly raced to mandate these technologies and the ABS is still an optional feature on motorcycles.

Could antilock braking systems on motorcycles help save lives? The Insurance Institute thinks so. It is disappointing that motorcycle manufacturers have not prioritized safety and believe that there is little demand for these safety devices. While the debate continues and more research is conducted, Lawsuit Financial encourages cyclists to drive the speed limit, obey the rules of the road, and consider investing in an antilock brake system. It’s a small price to pay for your life.

To see this article in its original format please go to http://farmingtonhills.injuryboard.com/motorcycle-accidents/contentious-lawsuit-in-motorcycle-accident-heads-to-sacramento-jury.aspx?googleid=296942

This week we are going to talk about underinsured and uninsured motorist coverage. We will look at why this coverage is important to have and how these provisions can be utilized in the event that you are in an accident.  Since these coverages are not expensive but are relatively cheap, and one premium is paid for both types of coverage, it is important to buy the coverage.  Under Colorado law, this coverage must be waived by the injured in writing, so it is probably not a good idea to cut costs by waiving this coverage.

Let’s start by defining the two types of coverage. Uninsured motorist coverage (UM) is a provision within your own insurance policy, or on the vehicle in which you are riding at the time of an accident, which may provide coverage in the unfortunate event you are in a car accident and the at fault driver has no liability insurance coverage. The UM provision can cover bodily injury, lost wages, and/or pain and suffering.  It does not cover property damage to your vehicle.  There is a separate coverage called uninsured motorist property damage which must be purchased separately to cover property damages or loss.

Underinsured motorist coverage (UIM) is a provision within your insurance policy that may apply if you are injured through the fault of a driver who has insurance, but the amount of his insurance is insufficient to cover all your losses and damages. It kicks in after policy limits of the at fault driver’s liability insurance have been exhausted.

These types of insurance coverages are not required to be sold under Colorado law, as is liability insurance. Both the uninsured and underinsured motorist coverage are optional. Your insurance agent is required to ask you if you want the coverage and explain to you the benefits of the coverages. You may decline the coverage, but it must be done in writing.

What is the order of operation for using these types of coverages and how do I maximize their benefit if I am injured in a car accident and it is not my fault?  This is a long answer but one that really needs to be understood. We have to break this answer down into a couple of components and scenarios.

Scenario 1: You are in a car accident and your leg is broken in the accident. You have  UM and UIM coverage provisions inside your policy. You are hit by a person who has insurance. Since the at fault driver has liability insurance your UM coverage can never come into play. However, if it turns out the at fault driver’s liability insurance is insufficient to cover your medical bills and other damages, the UIM coverage may come into effect.

What happens after the accident?  First, you get treatment for the broken leg. The at fault person’s liability insurance may cover the treatment for the broken leg up to its policy limit. If the total costs of the medical bills exceed the liability policy limits, your UIM coverage may then kick in and pay you for any damages the liability limits did not cover.

Scenario 2: Again you are hit in an automobile accident. You end up with a broken arm and a broken ankle. This time the at fault person has no insurance what-so-ever. Since there is no liability coverage, you file a claim with your insurance company for UM benefits. All your damages must be covered by this UM insurance so you should make sure you buy UM insurance with high limits to protect yourself.

For more information about how this process works please visit www.dora.state.co.us/…/consUninsuredMotoristFAQ100107.pdf or http://www.leg.state.co.us/clics/clics2007a/csl.nsf/billcontainers/3FF057B2727A4B19872572BF008107CE/$FILE/256_enr.pdf

A final note: The information above is not intended to be legal advice; it is intended to be an informational piece. If you are seriously injured in an accident we recommend you seek legal counsel. 

As always please feel free to give us a call, follow us on twitter and like us on Facebook. We hope you enjoyed reading this as much as we enjoyed writing it.

When the friends were ready to head home, at about 3am, the Defendant confirmed that he was not intoxicated, and that he was otherwise in a condition whereby he could drive safely.  As he was driving through a residential neighborhood on the way to our Client’s house, however, the Defendant suddenly began driving a very high rate of speed and very erratically.  As he sped around a corner, he lost control of the car.  The car began sliding, hit another parked vehicle, and began rolling through the street and into the front lawn of one of the adjacent homeowners.  The car ended up on its roof, and was basically crushed like a soda can.

Our Client, who had been riding in the rear driver’s side, was able to pull himself out of the car. As he did so he noticed that the top of his right hand had been ripped open, and the tendons and other tissue had been mangled, like they were mauled by a bear.  The other two young men were also able to exit the vehicle.  The Defendant, however, was unconscious and had to be removed by the paramedics.  All of the young men recovered from their injuries. But our Client was left with a giant and discolored scar all over the top of his hand.

Although the Defendant was clearly at fault, and even though our Client’s injury was very serious, the Defendant’s insurer refused to make a reasonable offer to settle the case.  So Mintz Law Firm and Robin Scully filed a law suit against the Defendant.  Subsequently, another passenger joined the suit as a co-plaintiff. Although the case was set for trial in mid February 2012, our Client and his father had recently made a decision to travel to Spain so that they could spend time with our Client’s ailing grandmother.

Our client informed Mr. Scully and Mintz Law Firm about this in early November. Thus, Mr. Scully had about five weeks to arrange and set a mediation, so he could try and settle the case.  Persuasively, he was able to obtain the other parties’ agreement to mediate the case on December 6^th.  He also obtained the other parties’ agreement to a favorable mediator, and filed a motion to amend the complaint and add a claim for punitive damages, in order to maximize the pressure on the Defendant’s insurer at the mediation.

Going into the mediation Mr. Scully faced some significant difficulties, e.g., including the fact that all four young men had been at party where alcohol was consumed, and arguably should known that the Defendant was intoxicated and arranged for other transportation home.  This means that our Client could have been assessed some responsibility for his own injuries.  Despite these problems, Mr. Scully was able to obtain a very favorable settlement of $30,000.00. A very favorable settlement was achieved, and our Client and his father are able to leave for Spain as planned, without having to worry about the possibility of a trial in February.

In cases brought against a third party who is at fault for the incident and who was not a co-employee the workers compensation insurance company  has to be paid back any benefits it paid out in connection  with the workers compensation claim arising from the same incident. Lawyers at the Mintz Law Firm however experienced in negotiating these claims of workers compensation insurance carriers and getting them to reduce the amount they demand in connection with any settlement of the tort liability claim against the third party. This is a critical area that should be exploited to put more money in the clients’ pocket. The workers compensation insurance company has to reduce its claim by the percentage that the injured employee is paying his lawyer to pursue the third party defendant, ie the at fault person. In addition, the workers compensation insurance company’s claim only covers any economic costs that is paid by the at fault person liability insurance carrier to the plaintiff. Therefore, amounts received in a jury verdict for pain and suffering for example would not be subject to the workers compensation carriers claim. By structuring a settlement that is reasonable but that specifies which amounts are going to what damages whether economic or not economic the claim can be further negotiated down.

If you have been injured while in the course of your employment contact us and we will discuss this with you further.