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    Understanding Third-Party Claims Relating to On-The-Job Injuries

    Last updated 18 days ago

    Workers' compensation is designed to provide financial assistance by paying medical bills and lost wages to workers injured on the job. However, workers' compensation typically pays only two-thirds of a worker’s salary, possibly leaving him in dire financial straits until he can work again. If a worker was injured on the job because of someone other than his employer, he may be able to file a third party claim for additional financial compensation. 

    A typical workers' compensation claim involves two parties: the employee and the employer. The employer provides compensation to his injured employee. However, in some cases, the employee’s injuries may be due to another party, like the manufacturer of defective equipment that caused his injury. The employer must pay worker’s compensation benefits regardless of whose fault the accident was, but the worker may have the additional option of bringing a suit against the manufacturer to recover additional financial damages.

    Third party claims come in a number of diverse forms, but the one thing they have in common is that blame for the accident can be at least partially placed on the shoulders of a party other than the employee or employer. Examples of potential third party claims include:

    Defective Equipment. If a defective product directly causes an on-the-job injury, the employee may be able to sue for damages.

    Employees of Other Companies. This scenario can occur if two subcontractors are working side-by-side at a construction site, for example. An employee of one company may injure an employee of the other.

    Auto Accidents. Some employees must drive as part of their jobs; if they are injured in a car accident that is not their fault, they can sue the other driver to recover damages.

    Do you believe you or a loved one have a personal injury case or a product liability case in the Orlando area? Contact Greg Smith from Oldham & Smith Attorneys at Law at (888) 444-3967

    No one ever plans on being involved in a motor vehicle accident, but it is always good to be prepared. Oldham & Smith is proud to introduce a new smart phone application that will help protect your interests and capture the details of the accident scene to help you receive maximum compensation. Go to iTunes today and get the Help! Car Crash Kit app for free!

    Disclaimer:

    The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

    What is Product Liability?

    Last updated 22 days ago

    Manufacturers should work to make sure their products are free of defects; however, this isn’t always the case. Every year, products are recalled for being defective, including medications, medical devices, toys, and car seats. 

    In this video, you can learn about companies’ liability for their defective products. If consumers are injured due to defects in the design, poor manufacturing, or incorrect product warning labels, they may have grounds to sue the manufacturer for financial damages.

    Do you believe you or a loved one have a personal injury case or a product liability case in the Orlando area? Contact Greg Smith from Oldham & Smith Attorneys at Law at (888) 444-3967

    No one ever plans on being involved in a motor vehicle accident, but it is always good to be prepared. Oldham & Smith is proud to introduce a new smart phone application that will help protect your interests and capture the details of the accident scene to help you receive maximum compensation. Go to iTunes today and get the Help! Car Crash Kit app for free!

    Disclaimer:

    The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

    Have You Been Exposed to Asbestos While on the Job? Know Your Rights!

    Last updated 25 days ago

    For years, asbestos was used as an insulator and fireproofing in construction. However, it was discovered to be extremely hazardous to human health. Though they may now try to deny it, manufacturers and employers have known for years that asbestos is a health danger that can lead to lung cancer and other ailments. Despite this, some have continued to expose workers to this dangerous material. If you were one of these workers, you should speak to a personal injury attorney to see if you may be entitled to compensation:

    Worker’s Compensation

    Because your injury occurred on the job, you might be eligible for worker’s compensation. Due to the long latency period between exposure to asbestos and development of disease, the statute of limitations may run out in some cases before workers have a chance to file, but this varies from case to case.

    Medicare

    Many workers who were exposed to asbestos during their careers qualify for Medicare when they develop symptoms of asbestos-related illness. The federal government recognizes that treatment for these diseases, like mesothelioma and other lung cancers, can be extremely costly.

    Disability

    If you are not retired but your asbestos exposure has made you so ill that you are unable to work, federal disability payments may be another option to help you make ends meet. To qualify for this, you must meet several criteria regarding how much you have worked in your lifetime.

    Financial Awards

    Your employer and the companies who manufactured the equipment that exposed you to asbestos knew that they were putting you in danger, but they chose to ignore this in favor of making a profit. You may be able to file a lawsuit against one of these companies to gain compensation for your medical bills, lost wages, pain and suffering, and other costs.

    Do you believe you or a loved one have a personal injury case or a product liability case in the Orlando area? Contact Greg Smith from Oldham & Smith Attorneys at Law at (888) 444-3967

    No one ever plans on being involved in a motor vehicle accident, but it is always good to be prepared. Oldham & Smith is proud to introduce a new smart phone application that will help protect your interests and capture the details of the accident scene to help you receive maximum compensation. Go to iTunes today and get the Help! Car Crash Kit app for free!

    Disclaimer:

    The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

    Learn More About Personal Injury Law

    Last updated 27 days ago

    To help you find out more about the personal injury topics we’ve addressed in recent blogs, we’ve compiled a list of additional websites where you can find more detailed information and examples. 

    • The Institute for Safe Medication Practices provides a list of commonly confused medications.
    • Cancer.gov has information about asbestos, how it is used, and its related health hazards.
    • In Florida, very specific regulations are in place regarding asbestos exposure lawsuits. Learn more by visiting this webpage.

    Do you believe you or a loved one have a personal injury case or a product liability case in the Orlando area? Contact Greg Smith from Oldham & Smith Attorneys at Law at (352) 508-4661. 

    No one ever plans on being involved in a motor vehicle accident, but it is always good to be prepared. Oldham & Smith is proud to introduce a new smart phone application that will help protect your interests and capture the details of the accident scene to help you receive maximum compensation. Go to iTunes today and get the Help! Car Crash Kit app for free!

    Disclaimer:

    The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

    What You Should Do if You are Involved in a Car Accident

    Last updated 1 month ago

    If you drive a car, you run the risk of being involved in an accident at some point. If you know what to do after the accident, you can make the situation more manageable. 

    In the video, you’ll learn how to deal with all aspects of an accident, from taking care of anyone who may be injured to exchanging insurance information with the other driver to filing a claim with your insurance.

    Do you believe you or a loved one have a personal injury case or a product liability case in the Orlando area? Contact Greg Smith from Oldham & Smith Attorneys at Law at (352) 508-4661. 

    No one ever plans on being involved in a motor vehicle accident, but it is always good to be prepared. Oldham & Smith is proud to introduce a new smart phone application that will help protect your interests and capture the details of the accident scene to help you receive maximum compensation. Go to iTunes today and get the Help! Car Crash Kit app for free!

    Disclaimer:

    The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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