Idaho Law Blog

If I am hurt at work, is workers’ comp all I can get?

Published on: March 9, 2016 | by Racine Olson

Not exactly. There is a common mistaken belief that the workers’ compensation system is your only recourse if you are injured on the job. It is true that workers’ comp is usually your only recourse against your employer if you are hurt on the job. But, if you suffer personal injuries on the job, you may still have a case if the responsible party is not your employer or a fellow employee.

For instance, suppose you are at work, driving a company vehicle to a job site, when a speeding drunk driver in a Yugo comes up fast behind you. Her brakes fail, and she slams into your rear bumper doing almost 100 mph. You suffer a whiplash injury.

Because you were on the job at the time of the accident, you are covered by workers’ comp. You will get the statutory damages for your injuries, regardless of whose fault the accident was. But workers’ comp payouts in Idaho are often not enough to fully compensate for personal injuries, so your lawyer may want to investigate whether there are other parties against whom you can make a claim. He will probably want to file a suit against the driver, who was negligent for driving drunk (and for driving a Yugo), and maybe against Yugo because of the brake failure. The workers’ comp laws do not prevent an injured employee from filing either of these suits.

Can a companion be compensated for mileage, meals and housing?

Published on: March 2, 2016 | by Racine Olson

If your work related injury is so severe that you have restrictions given by your doctor or your just thinks it is a bad idea for you to travel alone to the IME and you are required to have a companion accompany you for your medical treatment/condition, then yes that companion can be reimbursed for his or her expenses.

A moment’s carelessness …

Published on: March 2, 2016 | by Racine Olson

A moment’s carelessness with a power tool or a piece of industrial equipment can lead to horrendous injuries and a lifetime of disability. Moments of carelessness happen because people are not machines: they can be distracted, they can flinch at sudden noises, they can forget to tell a coworker that they are about to turn on the power. Any of these things can cause death or injury in the right circumstances.

We take it for granted in our homes and workplaces that simple, everyday matters shouldn’t result in death or horrible injury. We insulate electrical wires and hide them in walls. We ground power tools. We look for ways that common tasks are likely to result in injury, and come up with ways to prevent them. Our efforts aren’t foolproof, but we have reduced the number of injuries caused by moments of carelessness.

The potential for modern power tools, industrial equipment, and other products to cause injury in a moment of carelessness makes it imperative that they be designed properly. They must be designed to account for the fact that the operators are human. Many mistakes, many acts of carelessness in the use of a tool or other product, can be anticipated in the design phase. If they can be anticipated, then controls and safety mechanisms can be designed to protect against them. Careful, responsible manufacturers do this religiously, but sometimes they fail.

What if I don’t settle?

Published on: February 24, 2016 | by Racine Olson

There are a few outcomes that can occur if you decide not to settle. Your medical benefits will remain available, as well as your income benefits may be resumed if you are disabled again by your work related injury.　 There is a possibility to the surety may settle for a lesser offer if you decide to settle at a later date. If you have questions about your settlement or potential settlement contact a local expert Idaho workers’ compensation attorney.　 Call me at 208-232-6101 or toll free 877-232-6101, I will answer all your questions and help you decided on the best course of action for you and your case.

I called a lawyer and she turned me down because of a “conflict.” What did she mean?

Published on: February 24, 2016 | by Racine Olson

Lawyers operate under ethical rules that prevent us from representing a client when we have a “conflict of interest.” A lawyer has a conflict of interest when there is something about the case that might prevent the lawyer from representing his client’s interests as zealously as he might. This usually comes up because the lawyer already has a relationship with the other party. For instance, the person you intend to sue might be a client, a relative, or a friend. In that case, the lawyer will almost always have to decline your case.

If the lawyer is in a firm with other lawyers, she will have to decline the case if any of the other lawyers in the firm have a conflict. Similarly, if the person you want to sue is insured by a company that is a regular client of the firm, the lawyer will probably decline your case.

That is why lawyers usually want complete information about the other parties involved in a case before talking to you in detail. We must check our records to make sure there is no conflict before talking confidentially with you. As you can see, this is done for your protection as well as the lawyer’s.

Third-Party Liability

Published on: February 22, 2016 | by Racine Olson

In some cases a third party may be found accountable for the accident that caused your work related injury.　 A separate claim may be made and legal action can be taken against that third party, though your employer cannot be the third party. If your receive damages against a third party, it is subject to subrogated claim.

Things can get complicated if you are one your own. Don’t try and weather the storm by yourself. Contact a local expert Idaho workers’ compensation attorney.

Fred Lewis, experienced Idaho workers’ compensation lawyer

The Low-Speed Car Crash

Published on: February 19, 2016 | by Racine Olson

One of the more difficult cases to prove is the personal injury case involving a low-speed car crash. A fender bender might not break any bones, but it can produce a significant jolt that, under the right circumstances, results in significant and long-lasting pain that can affect the victim’s quality of life and ability to work.

What makes these cases difficult to prove is that the injuries don’t show up on X-rays or CAT scans. The injury cannot be seen, it can only be felt. Juries are suspicious of injuries that lack solid objective evidence to back them up, and there have been cases of people faking injuries to get a recovery in a personal injury lawsuit. Nevertheless, it is undisputed that real injuries can result from a low-impact crash. The medical community is able to identify and treat these injuries. The right experts can provide the objective evidence to convince the most skeptical jury.

To win a personal injury lawsuit in Idaho requires a lawyer who can pull together the medical experts and the evidence and present it in a way that a jury trusts. We have the experience, the expertise, and the reputation to get you the best result in a low-impact injury case .

Injured on the slopes? Who’s at fault?

Published on: February 18, 2016 | by Racine Olson

Idaho is a magnet for skiers. Here is a video of Pocatello native Sander Hadley doing tricks he learned at Pebble Creek, just up the road from his home as a boy.

Most people would agree that if Sander gets hurt doing his back-country acrobatics, it is no one’s fault but his own. He knew the risks, and he accepted them. But most people stick to the groomed trails, and they don’t ski on the extremes like Sander. They also don’t ski as well as Sander, so they get hurt, too. Who is liable when the average skier is injured on the slopes?

The law treats the average skier on the groomed trails pretty much the same as we just treated Sander in the backcountry. You risk life and limb when you hit the slopes, and as a skier you mostly accept that risk. The ski slope operator probably will not be liable for your personal injuries.

I can’t afford to hire a lawyer…

Published on: February 17, 2016 | by Racine Olson

Someone who has suffered personal injuries in an accident is probably going through tough financial times. She may be out of work, and dealing with medical expenses. Paying a lawyer probably isn’t in the cards.

Never let financial difficulties keep you from hiring a lawyer to deal with the personal injuries that caused the problem. Most Idaho lawyers will take personal injury cases on a “contingency fee.” This means that the lawyer doesn’t get paid unless and until you collect some money from the party responsible for your injury.

How does a contingency fee work? When you hire a personal injury lawyer, he should have you sign a fee agreement which lays out the details. It should be in plain English, and make sure you understand it before you sign. The details will be different from lawyer to lawyer, but it will work something like this:

What should I do if the workers’ compensation insurance company’s doctor disagrees with my physician?

Published on: February 17, 2016 | by Racine Olson

There are a few things that you can do if your doctor and the insurance’s doctor disagree and you feel the insurance company is unreasonable, you can file a formal complaint with the Idaho Industrial Commission.　 It would be wise to seek the guidance of an experienced Idaho workers’ compensation lawyer to help you navigated through this complicated process and fight the workers’ compensation insurance companies’ doctor. There are many ways you can lose your Idaho workers compensation claim. You will be going up against an experienced defense lawyer who typically has years of experience who will represent the Idaho workers’ compensation insurance company. They are hired to take benefits away from you. Level the playing field: hire your own experienced Idaho workers’ compensation lawyer to level the playing field. They will protect you and your family.

Fred Lewis, experienced Idaho workers’ compensation lawyer