The Fifth Amendment to the Constitution protects us against eminent domain, stating that “private property shall not be taken for public use without just compensation.” However, the key here is “just compensation.” The government has the power to take land for public reasons provided that certain requirements are met — such as fair payment. However, you still have the right to challenge the government’s decision to try to take your land.
Generally when you challenge the government over eminent domain, two rules are taken into consideration:
When looking at whether or not the government is buying your land for public use, the amount of land needed for their project will also be taken into consideration. For example, if the government really only needs half of your property to build a school, chances are you’ll be able to limit the amount of your property the government is able to buy.
If you are opposed to the government buying your land, then you must challenge their right to take your land. If the government fails to provide an adequate reason (or any reason at all) as to why they’re buying your land, then you might be able to put a stop to the purchase.
You will not be able to stop the purchase by refusing their compensation. While there may be some negotiation when it comes to the amount being offered, if the government is able to prove that they are buying the land for public use, then their right to purchase your land will be preserved.
In 2012, Stryker Orthopedics was forced to issue a hip device recall of one of their widely used modular hip stem devices. After a number of lawsuits, Stryker finally agreed to a settlement of $1.4 billion for the product liability and personal injury claims against them — and it looks like Stryker Orthopedics is going to be in a similar situation again this year. There have been multiple reports that one of their devices has either been breaking at the stem or causing metal poisoning. Both instances cause the patient to need emergency revision surgery.
Of course, this is a huge problem. As the metal joints rub against each other, they begin to corrode. This weakens the head-neck juncture of the implant causing it to eventually break. It also can cause severe pain for the patient as well as higher metal levels. This is what leads to metal poisoning or “metallosis.”
Unfortunately this is not a problem that can simply be repaired; the patient will need a new device entirely. This poses additional risk for patients whose bodies are already adapting to one hip surgery. They are being exposed to the risk of infection or other complications expected from a hospital setting. Moreover, these devices are attached directly to the patient’s bone. They’re not designed to be replaced, and oftentimes, a surgeon will have to break the femur in order to remove the device, causing additional strain on the patient’s body.
Even once this corrective surgery is finished, there is no guarantee that the patient will be alleviated of their problems. In fact, in all likelihood, long-term problems will persist. As such, those affected by this defect should be entitled to compensation.
You can’t believe everything you hear. A lot of talk goes on in the workplace about workers’ compensation, either from your employer or from your coworkers. However, not everything you hear is true. So let’s set straight the top four workers’ compensation myths I run into.
No, you are not suing your employer. If anything, you’re suing your employer’s insurance company. But even then it’s not really suing. You’re filing a claim with the Industrial Commission, which oversees workman’s comp claims. There is no civil case. Instead it’s more of an administrative hearing process. However, that’s not to say there aren’t a lot of laws and regulations to abide by. That’s why it’s a good idea to work with an experienced attorney.
Unfortunately, no. Workers’ compensation is in place to protect you against lost wages and medical expenses. It does not account for pain and suffering.
Good news! This one is absolutely false. No matter who was at fault, you can claim workers’ comp benefits. The workers’ comp act is there to protect you from injury, not to punish you for mistakes. If you’ve been hurt at work, even if the accident was your fault, you should file a workman’s comp claim.
I recently had a client who said to me, “I travel a lot for business. If I’m hurt while on a trip, am I covered by workers’ compensation?” This is an excellent question. As a general rule, workers’ compensation is designed to protect you while you are at work and doing your job. So what happens when your job takes you out of the office or away from your work site?
The good news is, yes! You are covered while on a business trip. The reason is that the entire purpose of your trip is work related. Therefore, in most circumstances, any injury that occurs is going to be while you are performing your job.
This includes automobile accidents. Even if you were at fault, you are still eligible for workers’ compensation. This is because workers’ comp is a no-fault system. Its purpose is to cover lost time and wages due to a work injury; fault is not taken into account when determining workers’ comp. Therefore, workers’ comp does not treat an automobile accident any differently than it would treat a fall in the workplace.
Workman’s comp will even cover you when you’re traveling out of state or out of the country, provided you are traveling for business. And this does not just apply to injury — if you become ill while in a foreign country, you could qualify for benefits.
Dealing with workers’ compensation should be a fairly straightforward process. However, things don’t always go according to plan. Is it worth trying to sort your case out yourself, or do you need some legal help? How do you know when it’s time to call an attorney?
Our first piece of advice is contact an attorney and see what they think. Having an initial evaluation will help us assess whether or not your case needs legal intervention, or if there are steps you can take by yourself to help your situation. Keep in mind, this isn’t like a sales call. Our attorneys won’t try to sell you on legal counsel you don’t need. Many law firms won’t charge you for a consultation to evaluate your case — and we certainly don’t either!
Here’s a general guideline for when you’re going to need a lawyer:
Of course, these aren’t the only reasons you might need an attorney, but they are the most common situations we encounter. We understand that every case is different, so we believe the best course of action is to speak with an attorney regarding your individual situation. It’s the best way to find out if an attorney is necessary for your case.
