Reasons to Get a Lump Sum Workers Comp Settlement in Iowa

When you’re struggling with an on-the-job injury, your work comp benefits can make a world of difference. You’ll receive weekly payments, much like your wages, which should cover your expenses and help cover your lost wages.

However, you might want your whole settlement at once. For some Iowa workers, this might be the best option for you. If you’re not certain, however, think about the reasons you might choose to take a lump sum settlement and what may be best for you.

No Interest on Your Bills

When you have the full settlement you need, dealing with the expenses you might have gained becomes much easier. As time passes, your debts accrue interest. When you’re getting weekly payments, that could mean staying only just ahead of your bills.

With a lump sum settlement, however, you can pay those bills off at once. That payment can help you avoid creditors harassing you for a payment or the pressure of constant debt. While that means you might have used up a large portion of your settlement already, you’ll have peace of mind that you don’t have to worry about those bills.

Handle Your Expenses on Your Time

Some Iowa workers choose a lump sum payment because it lets them take control of their own funds. You might be concerned about losing those funds if they think you’ve approved, for example, or you might simply want to separate your expenses out differently.

With a lump sum payment, you may waive all future rights to compensation and take that full settlement. Remember, however, that this means you’ll waive all further options for compensation. You’ll be unable to receive any further benefits, so remember this before you file your claim.

Choosing a Lump Sum or Payments

When you’re injured in a work accident, getting your benefits is vital. Once you’re approved, however, what’s your next step? For many, that means choosing better weekly payments or a lump sum payment of all your benefits.

Which option should you choose? That generally depends on your situation. If you want to avoid interest, for example, taking a lump sum payment might be the best option for you. If you expect to heal quickly and not need further compensation, you might also choose to take a lump sum.

Not sure which to choose? You’ll need an Iowa workman’s comp lawyer on your side. They’ll give you the help you need to make the best decision for your claim.

Denied Workers Comp Claim? Don’t Give Up

When a work accident happens, you’ll need help recovering. Fortunately, that’s what a workers comp claim should give you. You’ll need benefits that cover your losses for your on-the-job injury, but that can be complex. Indeed, you might have already been denied your workers comp claim already.

That can feel overwhelming, but don’t give up. You’ll still have a chance to seek your work compensation benefits, so seek out a workers comp lawyer in Raleigh if you’re struggling to recover from your accident.

Reasons for a Denial

It’s unfortunate to have to wait for your workers comp, but you should have the tools you need to fight back. Your first defense, in fact, will be in your denial letter. Each denial letter must include a reason for your denial, and that can help you fight back.

Knowing why you were denied can help you fight back, so check out your denial reasons before you file. Your lawyer can use this reason to help you fight back. The following are a few examples of denials you might see:

  • Not enough medical evidence
  • Disputes about time and location of accident
  • Missed filing deadline
  • Injury doesn’t meet state guidelines
  • No medical treatment was accepted

How to Appeal

Once you’ve determined the best defense for your claim, you’ll then need to fight back by addressing the reason you were denied. If you can prove that their reason for denial is wrong, you can get your claim approved and get your compensation.

For example, they might claim that there wasn’t enough proof that you were injured. If this is the case, you’ll need to seek out more exams from the doctor, which can prove you were seriously injured. With this extra evidence that you were hurt in a work accident, you can expect the work comp benefits you need to recover.

You’ll need to set up an informal meeting with your employer and their insurer first. If this meeting doesn’t get you the compensation you need, reach out for help before you schedule a hearing with the Workers Compensation Commission.

Who Can Help?

A serious injury can make your life difficult, so you’ll need to seek out help as soon as possible after a work accident. Unfortunately, your help didn’t come through, and your workers comp claim was denied.

Fortunately, that’s not the end of your claim. You’ll have a chance to prepare further evidence and fight back for the compensation you deserve. Fight back and get the full benefits you need for your recovery.

Already talked to your employer, but didn’t get the answers you needed? Schedule a formal hearing with the help of an attorney. They can help you prepare your evidence and present it to the judge. With the right help, you can get the benefits you need for a full recovery.

Are Paid Surrogacy Contracts Legal?

A paid surrogacy contract’s legality is vital for the future of both surrogates and intended parents. When the attributes and expectations of a surrogacy contract is made legal, the parties to the contract are safeguarded from future liabilities and risks. However, surrogacy contract laws are not the same across the world. There are certain countries or regions where a surrogacy falls outside the confines of the law. Let’s understand the scenario in America.

Are paid surrogacy contracts legal? Honestly speaking, it depends on the laws of the state where the surrogate mother resides. For example, if the surrogacy-seeking couple lives in New York but the surrogate mother doesn’t, then New York laws would not apply to the case. Generally, the laws of the state where the surrogate lives comes into effect in a surrogacy arrangement.

As per New York legislature, commercial surrogate parenting agreements an unenforceable or void and against the state’s public policy. In other words, any kind of surrogacy arrangement that entails financial compensation is prohibited. If the statute is violated, strict fines or/and penalties could be imposed. This prohibition law has its roots in the Baby M case (New Jersey) that entailed a long legal tussle between a surrogate and a couple after the surrogate was not willing to part ways with the baby after its birth.

Initially, the surrogate had agreed to give the baby away post birth. However, once the relationship between the surrogate and the couple turned sour, the surrogate mother had a change of mind and wanted to keep the baby. This famous case prompted both New Jersey and New York legislatures to create laws that mitigated commercial surrogacy.

A surrogacy has changed in implementation over the years. Back in the day, the surrogate also donated the egg, which means she was genetically connected to the baby. Today, almost all surrogacies carried out do not involve the surrogate’s egg. Instead, a fertilized egg is put inside the surrogate’s womb and the baby’s father provides the sperm.

Long story short, there still isn’t much clarity on whether surrogacy contracts are legal or otherwise. Surrogacy has made it possible for infertile or childless couples to bring up their own kids. Though child adoption makes this possible too, there isn’t no genetic connection in the case of adoption.

If you’d like to learn more about surrogacy and what your legal rights are as a surrogate or individual seeking surrogacy, Baby Steps Surrogacy Center can help.

 

Resources:

https://en.wikipedia.org/wiki/Surrogacy_laws_by_country

https://en.wikipedia.org/wiki/Surrogacy

Does the SEC Give Rewards for Reporting Money Laundering?

All around the world, large sums of money are being made through corruption and illegal activities. The perpetrators try to hide their wealth by making these seem like legitimate assets. They do everything in their power to evade law enforcement agencies so that they can continue making profits. Authorities, on the other hand, use a number of strategies to catch them and stop their operations. One of these is the acceptance of tips that could help them find and pin down suspects. The Securities and Exchange Commission or SEC is among the leading agencies in this fight.

The SEC Whistleblower Program

Does the SEC give rewards for reporting money laundering? Unfortunately, they do not. But they have a program in place that awards whistleblowers for their efforts in reporting securities law violations. If money laundering is rampant at a company, it’s likely that there are other violations, potentially including violations of securities laws.

Congress spearheaded the creation of the program in order to help the commission do its job. The hope is that the monetary incentives will convince individuals with insider knowledge to come forward and provide information. The SEC is particularly interested in learning about violations of federal securities laws. Whistleblowers can get around 10 to 30% of the monetary sanctions imposed by the authorities. They are also protected from the retaliation of their employers.

Whistleblower Eligibility

There are strict rules for eligibility to the program. Persons must provide original information to the SEC voluntarily. This must pertain to a violation of federal securities law that already happened, is happening, or is about to happen. This information should produce a successful action by the SEC and trigger monetary sanctions greater than a million dollars. Whistleblowers must be individuals or groups of people. Organizations and companies are ineligible. Both employees and non-employees can provide details of a company’s activities. Whistleblowers must follow a specific format and process as defined by the SEC rules.

Submission of Information

The commission is looking for tips that are timely, credible, and specific. They need information that can actually lead them to the individuals who are behind the schemes. They want specific examples of fraudulent transactions. Note that they can only act on cases that are covered by federal security laws. Those that fall outside of their scope should be referred to the appropriate agency. Examples of the types of cases that they handle are Ponzi schemes, theft of funds, rice manipulation, inside trading, unregistered securities offering, misleading financial statements, naked short selling, and bribery of foreign officials.

Factors Affecting the Award Amount

The actual amount of the award given to whistleblowers will depend on several factors. These include the significance of the information provided, the extent of assistance given to the investigators, and the individual’s level of participation in internal compliance systems. The amount may be reduced if the whistleblower is found to be a participant in the illegal activities, has interfered with the internal compliance systems, or has unreasonable delayed the reporting of the violations. For more information about the program, talk to a SEC whistleblower attorney. Schedule a meeting to discuss the facts of the case and explore your options.

LINKS:

https://en.wikipedia.org/wiki/Money_laundering

https://www.sec.gov/whistleblower/frequently-asked-questions

The Dangers of Sharing the Road with Semi-Trucks

When you’re on the road, you want to protect your own safety and the safety of those around you. So, you don’t want to be on the road with drivers who won’t protect your safety as well. Unfortunately, that’s one of the dangers of sharing the road with semi-trucks.

It’s unfortunate, but you could be endangered by these trucks, and it’s tough to protect yourself from the dangers they cause. Before you get in your car, make sure you know what to look for and how to protect yourself from these dangerous vehicles on the road.

Larger Trucks Can Injure

Any kind of car accident can injure you, of course. You’re moving at high speeds, and that momentum can do a lot of damage. Truck accidents can do much of the same damage, but with more weight behind it. That can make a big difference.

Semi-trucks will weigh several tons more than your vehicle, which adds to the damage they can cause. You can expect serious injuries, such as the following:

  • Traumatic brain injuries
  • Spinal injuries
  • Internal bleeding
  • Broken bones
  • Burn injuries

They May Not Worry About Your Safety

Since these semi-trucks are known to be so dangerous, their drivers should be aware and careful with the safety of other drivers, right? Unfortunately, that’s not always so careful with your safety.

Instead, they may act recklessly or carelessly while doing their jobs. For example, you might see an 18-wheeler swerving over the road. The driver might be driving drowsy, which can be deadly. They might be trying to meet a tight deadline, so they’re keeping long hours to save time.

Otherwise, they may be driving under the influence, which puts you in more danger. When another driver ingests drugs or alcohol, you’re in extra danger because of them. They’re not just putting you in danger, though. They’re also committing a felony, so you’ll need to take action soon.

Some cases are a little simpler, though. While the truck driver might not have been doing anything especially dangerous, inattention can be deadly with 18-wheelers. If you’re in their blind spot, they might try to change lanes quickly, which can be deadly.

Your Next Steps

Sadly, you might have already been in a truck accident, and now you need help recovering from your devastating injuries. It’s tough to deal with, if you can’t avoid an accident with a trucker. You can, however, take action get compensation for your injuries.

When you’re injured by a truck accident, you’ll need help from a Birmingham truck accident lawyer, so act quickly to get the full compensation you need to recover. They can help you get the full compensation you deserve when a truck driver endangers you.

Work Credits and SSDI

When you are suffering from a disabling condition and are no longer able to financially support yourself, you may be eligible for Social Security Disability Insurance (SSDI) benefits. This is a government run program that allows those who are unable to continue working to obtain a monthly disability benefit that they can use to provide for themselves while they are unable to earn a living.

However, SSDI isn’t geared towards those suffering from a temporary disability. In fact, there are very strict requirements for someone to be eligible for SSDI. Below we review some of these requirements including how much work you need to have put in over the years to qualify for SSDI benefits.

Eligibility for SSDI

In order to qualify for SSDI, you must first be able to demonstrate that you are physically incapable of work. This includes any previous positions you might’ve held, as well as work in any other types of industries. Only those who are completely unable to work will be approved for SSDI.

The Social Security Administration (SSA) has developed a list of conditions that will nearly always qualify for SSDI benefits. However, just because your condition isn’t listed on the SSA’s list of qualifying conditions doesn’t mean that you won’t be eligible for benefits.

As long as your medical documentation explicitly states that you are no longer able to continue working in any industry, you should be approved for SSDI benefits. It’s important to note that your medical documentation will be independently reviewed by SSA physicians and is subject to denial if they believe your condition is not entirely debilitating.

How Much Work Do You Need to Qualify?

Another key component to SSDI benefit approval is having worked a minimum amount of time where you already paid into the SSDI program through the taxes taken out of your paychecks. Generally speaking, this means that you’ll earn 1 credit for every $1,320 you earn annually.

You are only able to earn 4 work credits each year, and the amount you need to earn per credit is subject to change every year. This figure is current as of 2018. Before you can qualify for SSDI benefits, you need to earn a total of 40 credits.

Now, this might not seem like a big deal, you just work for 10 years and can qualify right? Unfortunately no. At least 20 of the credits you earn must be done within the 10 years prior to your diagnosed disability.

You may be wondering how this will impact you if you are seeking SSDI benefits for your disabled child. Fortunately, children who have qualifying conditions can typically be exempt from this rule or have their work credits reduced significantly if they are of working age. If you have any further questions in regards to work credits and SSDI as a whole you can discuss them with your attorney.

Speak with a Knowledgeable SSDI Lawyer

If you aren’t sure if you qualify for SSDI based on your work credits, or if your claim has been denied and you believe you do meet the requirements for approval, get help from an SSD attorney who can work with you to appeal your case.

When you need financial assistance due to a disabling condition after you’ve put in years of work to insure your benefits, you shouldn’t just sit back and accept a denial. Your attorney will work diligently to do whatever it takes to obtain the benefits to which you’re entitled.

Is Drowsy Driving as Dangerous as Drunk Driving?

People often want to know, is drowsy driving as dangerous as drunk driving? For all practical purposes it is just as dangerous and some consider it more dangerous than drunk driving. As dangerous as drowsy driving is the statistics gathered are lacking. Driver education on the topic is also lacking. It is important to understand what makes drowsy driving so dangerous.

The results of driving while drowsy are the same as drinking while driving. Both drivers will suffer from inattentiveness and poor decision making skills. In addition to the drivers will experience slower reaction times, difficulties with processing information, and impaired memory. These negative effects and impairments combine together to make both drivers equally lethal risks to themselves and other drivers and pedestrians on the road.

Another comparison is the cumulative results of both drinking and sleep deprivation while driving. It is common knowledge that the more you drink the more you become impaired. What is not as known is that the longer you stay awake the more dangerous you are behind the wheel. A person that has been sleep deprived for 24 hours or more will suffer the same impairment as someone whose blood alcohol level exceeds the legal limit. It is important to note that the word deprivation applies to anyone who gets less than 8 to 6 hours of sleep per night. Deprivation is not reserved for those who do not sleep at all. This is a common misconception for many drivers.

While there are several comparisons and similarities between the two conditions there are many reasons drowsy driving is more dangerous than drunk driving. The first reason is, there is no drowsy driving test that can be administered to drivers.. This makes it difficult to impossible for police officers to monitor the roadways for such drivers. If you have to sue a drowsy driver for an accident, just like you would sue a drunk driver, it is almost impossible to prove the impairment. Another reason drowsy driving is so dangerous is how a driver responds or does not respond. A drunk driver will tend to brake or swerve albeit to late. A drowsy driver does not brake or swerve at all since they are typically asleep when the accident is happening. The results of no reaction at all are often devastating.

If you are driving and you know you are sleep deprived remember that it is comparable to driving while drinking. If you start to suffer the negative effects of drowsiness pull over at once. If you have another driver with you, switch. If you do not have another driver keep yourself and everyone else safe, pull over and get some sleep. It will save lives.

 

https://www.cdc.gov/features/dsdrowsydriving/index.html

https://sleepfoundation.org/sleep-topics/drowsy-driving-vs-drunk-driving-how-similar-are-they

Common Defenses Seen in Traffic Court

Safety on the road depends on a variety of factors. For starters, every driver needs to drive while sober. Secondly, they must follow all the traffic rules and obey road signs. Drivers must also drive at a safe speed or below the speed limit. If all the traffic rules are followed and every driver on the road drives responsibly, the roads will be much safer as there would be fewer accidents. Police patrol vehicles are usually stationed in different parts of the highway or local roads to ensure there is compliance with local traffic rules. Since different jurisdictions may have different rules, it is imperative you learn about local traffic laws. If you are cited for reckless driving, speeding or any other traffic offense, you will be given a ticket, which you can decide to pay or fight it.

Fighting traffic tickets is recommended because paying a fine is akin to admitting guilt. Consequently, the conviction will be added to your driving record. This may increase your auto insurance premiums and increase future fines for other traffic violations. Therefore, you should consider fighting traffic tickets.

Common Defenses Seen in Traffic Court

Poor Determination of Speed

There are many traffic ticket defenses that can be used by drivers who have been cited for speeding. Since different roads usually have different speed limits, driving above the limit can earn you a traffic ticket. However, you can effectively defend yourself in court by challenging how the officer who cited you determined your speed. There are several ways of doing this. The officer might have done pacing, which is basically driving at the same speed as you and checking their speedometer. If this is how the officer determined your speed, you can challenge their evidence by enlightening the court about the fact that the officer has neither been trained nor certified in pacing for speed determination purposes. If the officer used a speed gun, you can ask for records of equipment calibration and maintenance to prove that the equipment used was not calibrated or maintained as required.

Necessity

You may drive over the speed limit out of necessity. For instance, someone might have been following you, so you had to speed to get away from them. If you called the police, your speeding may be justified. Similarly, your house might have caught fire, so you might have been rushing to help put it out as you wait for the fire department. There are many other reasons that may necessitate speeding on a public road.

Mistake of Fact

You can argue that mistake of fact led to the traffic violation. For instance, if you are cited for ignoring a stop sign that has recently been installed on a stretch of road you normally use, you can argue that you did not have sufficient notice, which is a mistake of fact. Most judges would throw out the ticket if there was mistake of fact. Another case of mistake of fact is when you make a right turn in a no-right-turn section because strong winds recently blew away the warning sign.

 

Sources:

  1. https://www.wikihow.com/Fight-a-Traffic-Ticket
  2. https://www.businessinsider.com/how-to-get-out-of-a-speeding-ticket-2013-7?IR=T

A Day in Criminal Court

When you’re arrested for the first time, criminal court can feel pretty intimidating. You’re not sure what to expect, and your future is on the line. A misdemeanor or felony charge can haunt you for years after your case, so you’ll need to be ready for your case.

So, what can you expect during your day in court? Your lawyer will walk you through your case and the specific details of your case, but if you’re concerned about your day in criminal court, keep in mind that the typical day in criminal court might look something like this.

Before Your Trial

You probably have already gone through the arraignment process, which means that your criminal charges have been read to you and you’ve pleaded not guilty. Now, it’s time to appear in court, but you and your lawyer might have to prepare a few things first.

Before the trial, the lawyers will select a jury, which gives them a chance to question them before the trial begins. This is to seek out any signs of bias among the jurors, so that they have a fair group to choose from. Once this process is over, your trial should be ready to begin.

Opening Statements

Before the testifying and other statements begin, your day in criminal court should get going during the opening statements. This gives both sides a chance to deliver a few statements about the case and their thoughts.

As such, your lawyer might start your case by talking briefly about why you’re not guilty, which is important. By delivering a good opening statement, your lawyer has a chance to reach out to the jurors and change any initial impressions they may have about you. Once these opening statements have closed, the testifying begins.

Testifying for Your Case

The testifying process is what most of us think of when we think of a trial: this is the point where both sides present their cases and any evidence for or against you. Both sides might use any of the following types of evidence:

  • Physical evidence
  • Expert witnesses
  • Eyewitnesses

These witnesses will talk about what they saw, or an expert witness might be brought in to discuss why you couldn’t have been guilty of the offenses you’re accused of. For example, let’s say you were charged with a DUI. Your lawyer might bring in an expert witness to question the usefulness of the field sobriety tests and show why they could be wrong or calibrated incorrectly.

Wrapping Up Your Trial

Once the lawyers have had a chance to present all their evidence, they’ll make their closing statements before the final verdict is made. You’ll be found guilty or not guilty, and you’ll either receive the sentence for your offenses, or your charges will be dropped, and you’ll be let go.

However, with a lawyer on your side, you’ll have a better chance of dropped charges. So, if you’re heading to court, go to criminal court defended by a lawyer. Their expertise can help you through your day in criminal court and help you get your charges dropped.

Why Divorce Could be Good For Your Family

If you’re contemplating a divorce, but you’re worried about the effects it could have on your children, it’s important to keep in mind that it’s not always a good idea to stay together for the sake of the kids. While there can be some negative effects on the children, especially when the adults handle the situation in a way that increases the stress and anxiety, staying in a troubled marriage can also be damaging for the entire family. Take some time and learn why divorce could be good for your family.

There’s no doubt, getting a divorce can be difficult not only on the adults, but also on the children. Everyone must adapt to a new life, whether it’s not having your kids with you every day or maybe it’s a significant reduction in your standard of living. It’s important to keep in mind that children often see divorce as a loss. Their entire life will be turned upside down and the two people that they love and trust the most are now divided. It can be a very scary situation, especially for younger children. However, divorce can also be a way to dissolve the marriage while bringing a positive new life for your children. There will be changes, and change can certainly be stressful, but keeping the lines of communication open and making sure that the kids understand that you will both love them and will be there for them can help them feel secure during this period of uncertainty.

The good news is, it is possible to raise well-adjusted, happy children, even after a divorce. If there is a history of physical or emotional abuse, sometimes staying in the marriage is just not a practical solution. Also, living in an environment where the adults always fight, and the home environment is chaotic and stressful, is no way to raise children. While it’s a good idea to do everything you can to resolve marital issues, if it’s at all possible, it’s also important to realize that divorce is sometimes the best solution for everyone.

One of the most important things you can do to help children through a divorce is to not make negative comments about the other parent. It can be difficult to not let your emotions and frustrations get the best of you, but divorce and the issues surrounding the end of the marriage are adult issues that the children don’t need to be a party to. Also, children should not be forced to choose sides. They have two parents, and trying to put them in a position where they’re expected to side with one parent over the other can be harmful. It can also cause a great deal of anxiety for the child. Keep a positive attitude and never use your child as a way of getting back at your ex-spouse.

Children raised in a loving environment can be very resilient. Divorce might not seem like a great option, but depending on the circumstances, it might be your best option. Your children can thrive when they have two loving parents who are happy, and pursuing a new life in a positive manner.

 

Sources:

https://en.wikipedia.org/wiki/Divorce

https://www.psychologytoday.com