If you suffer from chronic or severe knee pain, know that you are in good company. More than half a million people in the United States have knee replacement surgery — many of them, because of continued and repetitive stress at work. These kinds of injuries are often claimed on workers compensation cases due to the nature of the workplace or environment that may have brought on or exacerbated the injury. So, how do you and your doctor come to the conclusion that surgery is most effective way to overcome knee pain and improve your day-to-day quality of life and potentially your ability to continue working?

• Osteoarthritis is the most common reason to choose knee surgery. However, the osteoarthritis should be advanced to the point where the cartilage protecting the knee joints is totally worn away, leaving bone on bone. This is extremely painful.
• Rheumatoid arthritis is a conditions that causes chronic inflammation of the joints.  Possible relief of the constant knee pain is often reason enough for the surgery.
• A past knee injury may cause increasing more severe knee pain and limited function over the years

Opting for knee replacement surgery is not always the correct way to proceed. You knee specialist will look at x-rays, results from MRIs, evaluate your pain level, functionality of your knee, your weight and overall health.

Here are some questions to address when considering having knee replacement surgery:

1. Do you need help walking by using a walker or cane?
2. Are everyday tasks painful or difficult? Tasks such as getting dressed, climbing stairs, getting in and out of beds or chairs, bathing are uncomfortable and/or painful.
3. Have you tried other treatments such as physical therapy, injections of cortisone, long periods of rest and other procedures but were unsuccessful?
4. Are there ever times where your knee does not hurt? Is the pain the same when you are standing, sitting or lying down? Do you ever feel relief from the pain?
5. Is there a deformity in your knee because of arthritis or an injury? Does the knee bow out or in?
6. Are anti-inflammatory and other medications not helping at all?
7. Are you between 50 years old and 80 years old? Typically, this is the range of ages for those getting knee replacement surgery. This is not always a reason for the surgery because patients of all ages have had successful knee replacement surgery.

There are several reasons you may not yet be a good candidate for knee replacement surgery:

1. Your doctor may ask you to lessen the pressure your knees are constantly under by losing weight. The extra weight can impact the effectiveness of the knee replacement surgery by putting added pressure on the artificial knee joints causing pain or the necessity of additional surgery.
2. Give the basic treatments an opportunity to work. Pain medications, rest, heat, ice, and physical therapy should be tried before concluding you need surgery.
3. If the medications are helping and the pain is not chronic, it may be too soon for surgery.
4. The muscles in your thighs need to be able to support the artificial knee joint.
5. You will have to wait on surgery if you have any open wounds or cuts near the surgical area because infection could more easily occur after surgery.

Work with your knee specialist to determine if and when knee replacement surgery is the right option for you. If the conditions are right, knee replacement surgery can enrich your life by making what were once painful activities now more routine. Whether or not you need knee replacement will always be a case-to-case basis, we understand that it may be pricey to get a knee replacement, therefore, contact a professional doctor who can help you avoid knee replacement for evaluations.

Disability discrimination, unfortunately, is quite common in the workplace. Disabled workers are typically looked over by their coworkers and employers because they are not seen as a minority or a group at all, even though they are the largest minority in the world. Disability is not a choice. Anyone in the world can be affected by it, and disabled individuals exist as a helpful and working part of our society. 1 out of 5 individuals is disabled; this means that 20 percent of the population suffers from a form of disability! Disability discrimination in the workplace is an issue that has only been brought up recently, and shining some light on it is the only way to stop it from reoccurring. There are many different types of disabilities. These include:

• Learning disabilities, like autism.
• Mental disabilities, like dyslexia and ADHD.
• Physical disabilities, like carpal tunnel.

Signs of Discrimination

Disability discrimination is one of the most recent amendments to workplace laws because up until the early 1990s, employees with disabilities could be discriminated against with no repercussion. This is a dramatic step forward in the development of the law that protects employees in the workplace. This essentially means that as long as a disabled individual can perform their job the correct way or with minor modifications, the employer has an obligation to grant those accomodations (known as reasonable accommodation). For example, if an employee engages in manual labor and has to lift things but has a lifting restriction, the employer must provide some sort of equipment to help them lift things with ease. These are changes that allow an employee to perform their job, even if they are disabled. Employers have a duty to actively engage with employees to figure out ways to restructure their job so that they can do it. There are various things to look for to determine whether or not you are being discriminated against. Signs of discrimination include:

• You have been fired for untrue or false reasons
• Direct evidence (when your employer says the exact unlawful reason that they did not give you the job or why they fired you, like because your disability is causing complaints in the workplace or they do not want to provide reasonable accommodations for you any longer).
• Circumstantial evidence (when your employer indirectly indicates that there was discrimination that guided their decision to fire or not hire you). Different types of circumstantial evidence include timing (like if an employee made a complaint about not having accommodations or sexual harassment in the workplace right before they were terminated) and the employer saying you took too many days off or other false accusations that ended in your termination (that you can provide proof against).

Contact an Attorney

Do not hesitate to contact an attorney if you feel as if you were discriminated against because of your disability. He or she will ensure that you get the justice and fair compensation you rightfully deserve. Compensation can come in the form of lost wages or pain and suffering costs. In the event you need to gain legal advice on this subject matter, do not hesitate to contact a professional  disability lawyer Memphis TN can turn to.

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Thank you to Darrell Castle and Associates, PLLC for providing insight on how a divorce can affect your social security benefits.

You may be aware that the Family Medical Leave Act (FMLA) provides for 12 weeks of unpaid, job-protected leave for an employee or a covered family member in certain circumstances. What you may not know is that FMLA also provides for leave related to military deployment of an employee’s qualifying family member, including a spouse, son, daughter, or parent (and for Qualifying Exigency leave, a son or daughter may be any age).

Who is covered?

If an employee’s qualifying family member is a member of the Armed Forces (including National Guard and Reserves) and is on or has been called to covered active duty, FMLA leave may be available for the employee.

How do I know if my active duty is covered?

If the service member is a member of the Regular Armed Forces, deployment to a foreign country is covered.   If the service member is a member of the Reserves, deployment to a foreign country under a call or order to active duty in a contingency operation is covered.

What are Qualifying Exigencies?

As long as the service member in question is on covered active duty, the employee may take FMLA leave under the following circumstances:

1. Short notice deployment: up to 7 days of leave for any reason if the deployment is within 7 or fewer days from notice.
2. Military events & related activities: attending events such as ceremonies, briefings or assistance programs related to deployment.
3. Certain childcare: providing childcare on an urgent basis, or enrolling a child in school or childcare.
4. Parental care: caring for a service-member’s parent who is incapable of self-care.
5. Financial and legal arrangements: arranging powers of attorney for healthcare or finances or obtaining military ID cards.
6. Counseling: attending counseling for self, service member, or child of the service member if need arises from covered active duty.
7. Rest & Recuperation: spending up to 15 days of leave with service member on R&R during deployment.
8. Activities up to 90 days post-deployment: attending ceremonies, briefings, events, or arranging funerals or other death-related issues.
9. Other: any other event that the employer and employee agree is a qualifying exigency.

Although the employer may request certification for the leave, including a copy of the active duty order or proof of facts related to a particular exigency, the employee is only required to provide this information to the employer once per deployment, and the employer may not require recertification or additional opinions for qualifying exigency leave.

If you have a qualifying family member who is a service member on (or called to) active duty, consult with an employment attorney, like one of the best employment discrimination lawyers relies on, to learn more about your right to FMLA for qualifying exigencies related to their military deployment.

There are many things an attorney considers when getting ready to file a lawsuit, and that is especially true for personal injury cases.  To go in depth could take hours for someone to read, so a few basic tips are below to help understand a little of what an attorney, like an Atlanta personal injury lawyer, has to think about for filing.

General Guidelines

Rules vary according to the type of case and where the claim is filed.  For instance, certain rules are different between State Court, Superior Court, and Federal Court – all courts where a Plaintiff may be able to file their case.  In Georgia, a victim/plaintiff can file their case in:

•       The county where the defendant resides, or
•       The place where the accident or other event occurred.

These guidelines can get confusing when there is more than one defendant, which is nearly always the case in situations like products liability cases for medical devices, dangerous drug cases, and asbestos cases.  Moreover, in many of these scenarios, the harm was caused in more than one place.

These considerations also apply to personal injury cases.  It can get even more confusing if the defendant is not from the same state.  For example, a tortfeasor (negligent driver) may be from Tennessee and get drunk in a bar in County A in Georgia, cross the county line in their pickup, and collide with the victim in County B, also in Georgia.  Or, the victim may live in County A, but the accident took place in County B. The proper place to file (called Venue) can sometimes be difficult to pin down. A good attorney can go over the facts of the case and know where to file almost immediately.

Some Factors to Consider

A case is decided by a jury of your peers, so knowing who will make up the jury is vital to a case’s ultimate verdict.  The best attorneys consider jury pools when filing as well, since jury composition varies from county to county. For example, certain counties that are possible for Venue have a higher concentration of people who vote for policies that protect insurance companies and make it difficult for a plaintiff to collect their proper compensation.  Factors like these are important, because when an attorney assesses a case’s value, the lawyer must consider how a jury will react to the facts, the law, the parties, and the witnesses.

Choosing the right place to file can make all the difference in getting the right compensation for an injury, and the best attorneys know where to file just as much as whom to file against.

 

Thanks to our friends and contributors from Butler Tobin for their insight into filing a lawsuit.

 

Whether your knee pain started suddenly while playing a sport or gradually increased over the course of time, knee pain can prevent us from performing even the most basic of activities. It can limit mobility and cause a substantial amount of frustration when sitting, standing, bending or walking is difficult. Here we have covered a few of the many potential causes of your knee pain, and how chiropractic care can help you.

#1 Osteoarthritis

Osteoarthritis is a degenerative joint disease, and is the most frequently diagnosed form of arthritis. It happens when cartilage breaks down and slowly wears away. The cartilage is a material similar to the consistency of rubber, which covers the end of our bones. Patients often find they have the most stiffness in the morning or after sitting for a long period of time.

#2 Inflammatory Arthritis

Inflammatory arthritis encompasses lupus, psoriatic and rheumatoid arthritis. Each of these conditions can contribute to arthritis and pain in the knee joints. They are defined as follows:

• Rheumatoid Arthritis: autoimmune disorder, patients can experience very painful swelling, low fevers, fatigue and skin that is warm to the touch.

• Psoriatic Arthritis: chronic condition that can lead to damaged joints if left untreated, patients can suffer from swelling and pain in the body’s larger joints.

• Lupus: autoimmune disorder, patients can endure swollen and aching joints.

#3 Post-Traumatic Arthritis

Often developing over many years after suffering an injury, post-traumatic arthritis can lead to a wearing and instability of the joint. This is a common condition developed  and exasperated by workplace injuries. The condition can worsen from repeated injuries and the pressures of extra weight. As a result of the original injury, the way the knee functions has changed and persistent use can cause swelling, pain, fluid accumulation of the joint, and an increasingly difficult time doing simple actions.

#4 Tendonitis

When a tendon becomes inflamed, this is called tendonitis. A tendon is the fibrous tissue which connects bones and muscles together, and assists in joint function. People who often perform repetitive motions, or frequently run or bicycle may be more vulnerable to developing tendonitis.

How Chiropractic Care Can Help

Many patients can be successfully treated for knee pain without surgery. A chiropractor can help by treating knee pain through manipulations and adjustments of the body and the knee itself. Your chiropractor may first start with an evaluation and realignment of the spine before moving on to the knee. This is because the spine is at the core of our bodies, and plays a huge role in keeping all of our systems running at its highest level of functioning. By placing joints back into alignment, it can help our body start healing itself without needing an operation.

Alternative Approach to Wellness

Chiropractic care can be a great form of treatment for people who want to find relief through non-invasive strategies, and without the use of heavy painkillers. Some patients seek chiropractic care only after their primary doctor recommends surgery as the last remaining option in order to achieve wellness. However, this may not in fact be the case. Chiropractic adjustments may prove useful in reducing the amount of knee pain and accompanying symptoms a person experiences, without an operation.

It is well understood that the vast majority of discrimination cases are proven using circumstantial evidence and, with few exceptions, courts rely almost exclusively on the McDonnell-Douglas burden-shifting paradigm, as a skilled discrimination lawyer can attest. On January 24, 2018, the Eleventh Circuit in Hill v. Suntrust Bank, No. 17-11027 (11th Cir. Jan. 24, 2018) (per curiam) (unpublished), examined one of those exceptions.   

In Hill, Ann Marie Hill was employed with SunTrust for nearly thirty years.   In 2008, the global financial crisis significantly impacted the banking industry as well as Hill’s ability to attain her performance goals.  Id.  Beginning in 2009, Hill received ratings of “2 – Needs Improvement.” Id. at 2. After Hill failed to improve, SunTrust placed her on a series of performance improvement plans. Id. at 3.  In 2011, near the end of her employment, Hill complained about discrimination. In response, SunTrust investigated, found no evidence to support Hill’s claims, and terminated her a month later.  Id. at 5.

Hill brought suit alleging race discrimination and retaliation under 42 U.S.C. § 1981.  The district court granted summary judgment to SunTrust and Hill appealed. Id. On appeal, the Eleventh Circuit affirmed, predictably employing the McDonnell-Douglas framework to analyze Hill’s claims.  Id. at 9-11, 17.

Less predictably, however, the court did not simply end its analysis there.  The court explained, “[w]e have recognized … that the McDonnell Douglas framework is not the only way to evaluate an employment discrimination claim at the summary judgment stage.” Id. at 7 (citing Smith v. Lockheed-Martin Corp., 644 F.3d 1321, 1328 (11th Cir. 2011).   The court continued: “In Smith, we held that a plaintiff ‘will always survive summary judgment if [s]he presents circumstantial evidence that creates a triable issue concerning the employer’s discriminatory intent.’”  The court clarified that “‘a [t]riable issue of fact exists if the record, viewed in a light most favorable to the plaintiff, presents a convincing mosaic of circumstantial evidence that would allow a jury to infer intentional discrimination by the decisionmaker.’”  Id. (internal quotation marks and citations omitted.).  The court held that Hill’s claims also failed under Smith, because Hill failed to explain how the case facts evidenced racial animus and “[t]aken independently or together, the evidence [was] insufficient to ‘allow a jury to infer intentional discrimination.’”  Id. at 14 (citations omitted).

Ultimately, Hill’s impact will not register on any Richter scale and Hill will likely join the pantheon of cases relegated to string cites and esoteric journal articles.  Hill simply breaks no new ground in Title VII or §1981 jurisprudence.  But Hill should serve as a reminder to courts and counsel who reflexively cling to McDonnell-Douglas that there are alternatives.   

Even better, Hill and its articulation of the Smith rule, should encourage plaintiffs’ counsel to diligently develop their case facts and to cast those facts as a coherent narrative and convincing mosaic from which a jury is compelled to infer discrimination.

There are many factors that go into finding the attorney that is right for you. To make the right choice, you’ll need to take the time to do a bit of research. You may want to start with asking for a recommendation from a good friend or family member. There may also be a lawyer, like family lawyers Arlington Texas trusts, referral service for the county you live in. The internet is also a great tool in helping you find what you need. Do a quick google search for attorneys in your county first. They’ll already be familiar with the court system in your area. Look up and read any reviews that are available online. Visit their website if they have one. It’ll include a lot more information to help you get to know them and the areas of practice they specialize in.

        Once you’ve found your potential attorney, it’s time for you to call and schedule a consultation. Before calling, make sure you’ve reviewed your own schedule first. Determine what days or times work best for you to meet. Many law firms are closed on weekends and are only open Monday through Friday during regular business hours. If these are also your work hours, request time off from your employer. After all, hiring an attorney should not be taken lightly so if this is important to you, you’ll make the time to visit their office. If it’s not possible to fit it into your schedule, ask for a phone consultation.

        When you first call, don’t expect to speak to an attorney right away. Instead, you’ll most likely speak with the attorney liaison or receptionist. She’ll ask you to describe the matter you need assistance with so be sure to give her the important details. Be specific about what you’re looking for, what type of outcome you expect and any concerns you have. This will also help determine whether that attorney handles your specific matter or not. If you have costs concerns, you can ask about retainer fees and the attorney’s hourly rate. Be realistic about what you can afford and how much you are willing to spend. You do not want to meet with an attorney if you know they are out of your price range.

        The day of the consultation, look up the address and give yourself enough drive time. The last thing you want to do is get lost and arrive late. It’ll seem like you are not serious about your matter. Arrive early in case there’s any paperwork you need to fill out prior to your consultation. You may need to meet with more than one attorney but it’ll be worth it to find the one that’ll help you best.

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Thanks to our friends and contributors from Brandy Austin Law Firm PLLC for their insight into finding an attorney.

Workplace accidents occur every day. Whether they are due to slip and falls or machine entanglement, work injuries can entitle you to compensation. Workers’ compensation benefits can cover medical bills, lost wages and other damages that resulted from your injuries. However, in order to receive these benefits, you have to take the proper steps immediately after the accident. Here are some things you should do after you get injured at work:

Report the Injury to Your Employer

Even if it seems fairly minor right now, you should inform your employer about your injury as soon as it happens. Not reporting your injury within a certain time frame can affect your chances of getting benefits. Be clear that you suffered the injury at work and describe where exactly you got hurt.

Ask for a Copy of the Accident Report

When an employee gets injured in the workplace, the employer is required to make an accident report. Onde your employer makes this report, ask for a copy of it and keep it in a safe place.

Seek Medical Attention

In order to receive workers’ compensation benefits, you are required to see a company selected doctor. The physician will evaluate your injury and give you a proper diagnosis. Then, he or she will recommend the proper treatment.

Follow Your Doctor’s Orders

It’s very important for you to follow your doctor’s instructions. If your physician wants you to attend physical therapy, for example, you should attend every session. If your employer finds out that you aren’t obeying your doctor’s orders, he or she may think that you are purposely trying to get out of work and deny your claim.

File a Claim

You have a limited of time to file a workers’ compensation claim, so it’s important to do it as soon as possible. The longer you wait, the harder it may be to prove that you were actually hurt at work.

Consult With a Workers’ Compensation Lawyer

Many people file workers’ compensation claims on their own without any issues. However, complications can arise in some instances. That’s when it may be necessary to hire an experienced workers’ compensation lawyer. For example, if your employer doesn’t believe you were hurt at work and denies your claim, it may be in your best interest to get legal assistance. If your benefits aren’t enough to cover your medical bills or your employer retaliates against you for filing a claim, a lawyer may also be needed.

A workers’ compensation attorney may likely assess your case for free and advise you on the best way to proceed. An experienced attorney has handled many cases similar to yours in the past and may know what you’re up against.

If you are dealing with a work injury, you may want to contact a reputable workers compensation lawyer from The Law Offices of Franks, Koenig & Neuwelt as soon as possible. He or she may help you get your case moving in the right direction.

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When you work with a workers compensation lawyer, they will review your case and determine approximately what your claim is worth and what your benefits should cover. Almost all of the variables connected with your claim will be influenced by the extent of your injury. The more serious and long term your injury, the more factors come into play such as possible future surgeries and how long you may be out of work. Each situation will be different because of the unique combination of factors that will affect the amount of your benefits, and how long you are apt to receive them. The general information provided here can be clarified by a seasoned workers compensation lawyer from our legal firm. Here are some guidelines that may be helpful to you.

Temporary Partial and Temporary Total Disability Benefits

When you are injured but are expected to fully recover but in the meantime can work part time or if you cannot work at all, you fall into the category of receiving partial or total temporary disability benefits. The amount of wages you receiving during this time varies from state to state. Talk to a workers compensation lawyer about how the law will affect your case. You’ll receive these benefits until:

• You have recovered fully from your injury or
• Until you have recovered as much as you will recover, after which you may qualify for permanent disability.
• In some states, there is a maximum amount of temporary total disability payments that you can collect. The limit, if one exists, also varies by state.

Permanent Partial and Permanent Total Disability Benefits

The duration of your eligibility period for receiving permanent benefits depends on the severity of your injury. For instance, losing a finger may qualify for less payments than compared to losing a hand which would be less than the amount of benefits you might receive for losing an arm. It also depends on how much the injury limits your ability to perform your job. Ultimately, a workers compensation lawyer will be in the best position to inform you of how the severity of your injury relates to the amount of benefits you’re likely to receive.

Accepting the Workers Compensation Benefits Package

Before you sign on the dotted line, consult a workers compensation lawyer for their guidance on the amount of benefits you were offered. What many injured workers do not realize is that they may be able to receive more than what they were initially offered. An experienced workers compensation lawyer may be able to negotiate a higher amount on your behalf. Your attorney can also advise you if it would be more beneficial to pursue a personal injury lawsuit or claim against a third-party if they caused your injury. A personal injury settlement might be paid in one lump sum rather than a series of payments as is usually done with workers compensation benefits.

If you have questions or concerns about workers compensation benefits and what you may qualify for, call a knowledgeable attorney such as the workers compensation lawyer Memphis TN locals turn to.

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Thanks to authors at Darrel Castle & Associates PLLC for insight into Workers’ Compensation Law.

While we’d all like to think of the workplace as a perfectly safe place, accidents still occur every day and employees suffer serious injuries. It’s possible for accidents to happen in any work environment, but they are more common in jobs that involve working with heavy machinery. The idea of getting seriously hurt at work is scary to think about, but there are things you can do to minimize your risk. Here are some tips to avoid workplace accidents:

1. Be Alert

It’s important to always be alert on the job, especially if you work around heavy machinery. Before you head to work, make sure you eat a filling breakfast and drink your cup of coffee. The more alert you are, the less likely you will get into an accident and suffer injuries.

2. Wear Safety Gear

Safety gear was created for a good reason. It greatly reduces your risk of getting hurt on the job. For example, if you work at a construction site, you may be required to wear a hard hat. You should always wear your safety gear, no matter how unfashionable it may look. Taking it off for even a few minutes can put you at risk of getting severely injured.

3. Take Your Time

These days, may employers give their employees strict deadlines to finish their work. This can put a lot of pressure on employees and cause them to rush through their work. Unfortunately, doing your work too fast can increase the risk of accidents. It’s essential to take your time with your work, even if you have strict deadlines.

4. Always Follow Instructions

If you have been on the job for a while, you might think that you’re an expert and don’t have to follow every little instruction. This is a big mistake. No matter how skilled and experienced you are, it’s critical to follow the instructions exactly. If you don’t, you risk hurting yourself and other people around you. If you believe others workers aren’t following instructions, you should let your employer know.

5. Get Enough Rest

If you haven’t gotten the proper amount of rest, you may be less focused at work and more likely to get into an accident. Always aim for eight hour of sleep every night. Try to go to bed and wake up at the same times every day and avoid drinking caffeine in the evening.

If you were injured at work, you have the right to file a workers compensation claim. These benefits can help pay for your medical bills and any lost income that result from your accident. If your employer has denied your claim or retaliated against you, it may be in your best interest to hire a reputable workers compensation lawyer. He or she can help you file a claim in a timely manner and ensure your rights are protected. The majority of workers compensation lawyers such as the workers comp lawyer Milwaukee, WI locals turn to work on a contingency basis, so you will only owe your money if you win your case.

 

Thanks to authors at Hickey & Turim SC for their insight into Worker’s Compensation Law.