Posts Tagged ‘claim’

Personal Work-related Injuries In Canada Could Happen To You

Monday, March 15th, 2010

You have probably heard the term Worker’s Comp more than once around your place of work. However, there are several people that do not actually understand what this law or even what it portrays. Basically it is a name that is given to a system of various laws that has been created to protect you if you ever have personal work-related injuries.

The main goal of these laws is to make sure that you receive the needed medical care, any lost wages that may occur, and in some cases, retraining and rehabilitation so that you will be able to return to the workforce. If by some unforeseen extreme circumstances you happened to be killed on the job then your family will be eligible for the benefits. The law is the same in Canada as it is in the US.

Within the Canadian region you will benefit greatly from seeking the consultation of a lawyer when you are applying for these benefits. This lawyer will be able to advise you of your rights and will also prevent from losing your benefits prematurely.

There are a few federal laws however that you should consider when it comes to applying for these benefits. The first one of these would be the The Jones Act which is also known as the Merchant Marine Act. This act will provide you with the ability to seek benefits if you happen to be a seamen if you become injured while working on any type of US ship.

The next law that you should be aware of is the Federal Employment Liability Act or FELA for short. This law will protect you if you happen to be a railroad worker against injuries as a result of the railroads negligence. There are other laws but these are the ones that pertain to both US and Canada.

One positive note would be that Workmen comp litigation has been known to be a lot simpler to fight than the more standard personal injury litigation. This is mainly due to the fact that it takes place in an administrative setting versus an actual court room.

If you are denied benefits under this law than you may also want to contact a lawyer. This is especially true if you are told that you can return to work before you are actually even able to return. Also if you are denied any type of extended or even permanent disability due to a drastic injury. If any of the above happens to be true in your case than you need to contact a workman comp lawyer right away.

So if you have suffered an injury at work then you really need to learn what the laws are in Canada. No one should be out of a job because of their workplaces negligence and this law was passed to make sure that you are not. So the next time you are injured at work check into the rules to apply for workmen comp in your own company.

Toronto personal injury lawyer will help your case with honesty. Whether it is a medical malpractice, nursing home abuse, dog bites, work-related injuries, vehicule accidents, traumatic brain injury or a slip and fall injury, our lawyers can help you.

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Whale Trainer Killed In Killer Whale Attack At SeaWorld Orlando

Saturday, March 6th, 2010

Tilikum, a 5 tonne orca has killed it’s trainer by dragging her into the pool and thrashing her underwater. The event occurred at SeaWorld Orlando as the trainer, Dawn Brancheau was chatting with visitors after a show. Onlookers said the whale “thrashed her all around” and pulled her under the water.

Police state that Brancheau “slipped and fell” into the tank but over 50 witnesses confirm that the event was no accident, the trainer was reportedly stroking the whale before it swam away and darted back grabbing the trainer out of the air in its mouth before shaking her violently underwater.

Brancheau, a 40 year old who was married with no children, was an experienced whale trainer and had previously commented on the dangers involved with her job, “You can’t put yourself in the water unless you trust them and they trust you.” After a visit to SeaWorld at the age of nine, Brancheau had dreamt of working as a whale trainer.

30 year old Tilikum, whose name means ‘fierce’ in the native Indian Chinook language, had reportedly acted abnormally and did not react to directions in an earlier show. Trainers had previously been forbidden from swimming with the animal because of its variable temper. Questions are being raised as to whether the 5 tonne killer whale should be allowed to continue working near humans as it is the third fatality he has been linked to.

In 1991 Tilly was blamed as one of three whales behind the death of a trainer at Sealand of the Pacific in Victoria, British Columbia and in 1999 the body of Daniel Dukes was found in Tilly’s tank after policed had determined the man sneaked into the compound at night.

General Manager of SeaWorld, Dan Brown, had to hold back tears while he stated that the company’s safety procedures will be an enquiry into the safety procedures while the park remains closed and shows at their other shows are cancelled.

Have you been injured at work? Then visit EAD Solicitor’s for advice on your right to claim compensation

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TBI (traumatic Brain Injury) Cases In Law: Are They Long Term?

Saturday, February 20th, 2010

The TBI (traumatic brain injury) cases in law are possibly one of the most devastating to people who have suffered. An injury that causes brain problems could come from many ways. It could have been suffered while playing sports, or even in an accident. Possibly a person who has fallen or even been assaulted. But the truth of the matter is that these people who suffer will be paying out a lot of money and often not get the compensation they deserve.

Many times a jury, insurance adjuster or judge will simply turn down the idea of a person getting compensation from this type of case. They are instead often not even taken seriously that the problems are long term. Hearing comments that will often belittle what they have gone through.

Most brain injuries are first diagnosed as mild in many cases. However, recently many findings have shown that they can still lead to long term problems. Injuries that may after an amount of time lead to changes in the person. Even getting worse as time goes by.

When you have a person who has suffered this type of injury you need to get the right type of personal lawyer to help out. It must be a person who is qualified and has tried this type of case before. Especially when you are considering a case where the injury was first considered to be mild.

There are many myths that have lead to the cases of many people being given no credit. Receiving no compensation or help for what they have faced, and are yet to face in their lives. So if you are a person who knows someone who has a personal traumatic brain injury, or has suffered one, contact the right lawyer.

First it was thought that in order to suffer from a brain injury a person would have to lose consciousness. However, that is completely untrue. A case and point is that of Phineas Gage, who suffered a brain injury when a iron bar went into his skull. The whole time he was waiting for medical attention he never lost consciousness once. This is true in most cases of brain injury.

While the next myth is that in order to suffer from a TBI the person must be hit on the head. Again this is something that is not true. The brain injury actually happens when there is a quick stop in the acceleration of the brain. It will cause the brain to hit the inside of the skull and be injured.

The third myth is that a concussion or whiplash is something that cannot lead to a longer term problem. However, that again is not true. Take those football players who have suffered many concussions and the affects that it has on them after all this time.

While a person who is complaining of these long term problems will often be labeled a hypochondriac. But actually fifteen percent of the people who suffer from an TBI will have long term affects. These things that can happen may be a change in their intellect, personality, or even emotions.

Finally, the last myth is simply that a brain injury that is mild will not lead to anything long term. Again look at all those football players who have suffered from the concussions they suffered so long ago.

Injury lawyers in Toronto that will help your case with integrity. Whether it is a medical malpractice, nursing home abuse, dog bites, work-related injuries, car accidents, personal TBI or a slip and fall injury, Diamond and Diamond can help you.

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