Insurance Claim

Posted on 5/15/13 by Pat Maloney

When you’re hurt on the job, you may be eligible to seek compensation and payment for your medical bills through a workers’ compensation claim. In filing this type of claim, there is no need to prove employer responsibility or liability in your accident. You simply must meet a few basic requirements.

Workers’ Comp Claims

Workers’ compensation is a no-fault type of insurance coverage. It is not necessary to prove employer responsibility when an accident occurs.

In order to be eligible for workers’ comp, you must meet these requirements:

Your accident and injury must have occurred during the course of employment/You must not have willfully caused your own injury out of misconduct, intoxication, or recklessness.Your employer must carrier workers’ compensation insurance.

You also must notify your employer of your intent to file a claim within 30 days of the accident. Otherwise, you will lose your right to workers’ comp benefits.

Civil Claims

If your employer does not have workers’ compensation insurance, you can still seek compensation for your injuries, lost wages, and pain and suffering if you’re hurt on the job. You may even be due punitive damages if the accident occurred out of significant negligence or recklessness.

To seek these damages, you would need to file a civil claim against the employer, coworker, or third party who caused the accident. In this case, you may need to prove employer responsibility or negligence in order to win the claim and be compensated.

Determining Next Steps

When you’re hurt on the job, it’s always best to consult a legal professional. They can advise you as to the type of claim to file – either workers’ comp or a civil one – and assist you in filing and proving your case, if necessary.

Were you injured at work? Call the Law Offices of Pat Maloney at 210-226-8888 today to get started.

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Posted on 4/16/13 by Pat Maloney

When you’ve been in a car accident, you’ll likely need to file a claim with either your insurance company or the other party’s in order to recoup costs for your car repairs, medical bills, and other expenses incurred. These are called first party and third party insurance claims.

However, how do you know which type of claim you should file for your wreck? What can you expect with each type? Learn more about filing a car accident claim below.

Third Party Insurance Claims

A third party insurance claim is one filed with the insurance company of another driver involved. If the accident was the fault of another driver, even only partially, you will need to file this type of claim. Through a third party claim, the other driver’s insurance will cover the costs of your car repairs and damages or, in the event your car is totaled, provide you with the actual cash value of the vehicle.

If you were injured, the insurance company will likely offer you a settlement amount to cover your medical costs. It’s best you discuss any settlement offers with a qualified attorney before accepting.

First Party Insurance Claims

A first party insurance claim is one filed with your personal insurance company. If you’re involved in any accident, even if it’s not your fault, you may file this type of claim. If the accident is your fault, your insurance will help cover your costs, as well as costs the other driver may have suffered during the course of the wreck. If the other driver was at fault and their insurance doesn’t pay all of your repair or medical bills, your first party claim may help you cover them.

Additionally, if your car was stolen, vandalized, or otherwise harmed, you would also file a first party claim, and your personal insurance company would compensate you for the damages and repairs per your policy agreement.

Were you recently in an accident? Discover whether you should file a first party or third party insurance claim by calling the Law Offices of Pat Maloney at 210-226-8888 today.

View the original article here