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August 2013 Archives

Person sending texts to driver can be held liable

A New Jersey appeals court recently ruled that a remote texter can be liable for injuries caused when the distracted driver has an accident if the individual sending the texts from another location knew they were being viewed by the driver as he or she is driving.

Can I get Long-term Disability and Workers Compensation at the same time

Many times in Workers Compensation claims, employees also have coverage under short-term disability and long-term disability insurance policies through the employer. Usually long-term disability policies begin providing coverage after 90 days of disability or 6 months of disability. These long-term disability policies will usually cover employees for work-related accidents as well and can add to your overall recovery.  Short-term disability policies, on the other hand, normally will not cover work-related accidents. When an employee files for short-term disability rather than Workers Compensation,  this could also create problems with a later Workers Compensation claim.  For instance, many employers direct the employee to file for short-term disability rather than Workers Compensation for their injuries. The short-term disability policy application will usually ask whether not the injury was work related. If this application is filled by the employer for the employee to sign, many times the employer will list the accident as not work related or illness which later may cause the Workers Compensation claim to be denied.  If you have a Workers Compensation claim and short-term or long-term disability insurance, you should contact an attorney to discuss how these policies affect your claim.

Smith & Griffith, LLP
1102 North Main Street
Anderson, SC 29621

Phone: 864-261-1571 (Personal injury)
Phone: 864-261-1912 (Workers' compensation)
Fax: 864-222-2257
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