If you’ve been injured in a car accident, you may have heard the term “negligence per se” in regard to your case. It’s a phrase that’s often used in personal injury cases, but many people are still unfamiliar with what it means exactly.
In this article, we’ll dive deeper into what negligence per se means, how it differs from regular negligence, and how it can impact a personal injury case.
Negligence per se is what is used to determine whether or not negligence directly resulted in your injury. This could include anything from texting while driving to speeding to reckless driving in hazardous weather conditions. In order to prove negligence per se you must be able to show that:
For instance, let’s say the defendant was texting while driving, which resulted in their drifting over the centerline and striking your car. If you broke your arm in the crash, it might be possible to prove negligence per se. This scenario fulfills all of these requirements.
First of all, the plaintiff broke the law by texting while driving. The second condition is fulfilled because the law against texting while driving is to prevent drivers from causing accidents because they are paying attention to their phone rather than the road. Third, other drivers fall under the category of people this law is designed to protect. And finally, breaking your arm in the crash is a direct result of their negligence.
It’s important to note that negligence per se can be used against you as the plaintiff as well. For example, if you were the one texting while driving when another vehicle struck you, they might be able to prove that your distraction was “contributory negligence.” In other words, your texting hindered your ability to react to the situation effectively, putting you at some degree of fault.
Negligence per se is a legal term used to describe a specific type of negligence. It differs from ordinary negligence in that it involves a violation of a specific law or regulation. In other words, the defendant’s actions are considered negligent simply because they violated a law or regulation, regardless of whether they intended to cause harm.
Ordinary negligence, on the other hand, involves a failure to exercise reasonable care in a particular situation. In these cases, the plaintiff must prove that the defendant had a duty to exercise reasonable care, that they breached that duty, and that the breach caused the plaintiff’s injuries.
The key difference between negligence per se and ordinary negligence is that negligence per se does not require proof of a breach of duty – the violation of the law or regulation is enough to establish negligence. This makes it easier for plaintiffs to prove their case, as they do not have to show that the defendant failed to exercise reasonable care.
However, it is important to note that not every violation of a law or regulation will result in a finding of negligence per se. The law or regulation in question must be intended to protect the public from the type of harm that occurred, and the harm must be the type that the law was designed to prevent.
In summary, negligence per se is a type of negligence that is based on a violation of a specific law or regulation, while ordinary negligence involves a failure to exercise reasonable care in a particular situation.
When it comes to personal injury cases, negligence per se can have a significant impact. If the plaintiff can prove that the defendant violated a statute or regulation and that violation caused their injury, then they may be able to recover damages more easily. This is because the plaintiff does not have to prove that the defendant was negligent or that their actions fell below the standard of care. The violation of the statute or regulation is enough to establish negligence per se.
However, it’s important to note that negligence per se does not apply to all personal injury cases. The violation of a statute or regulation must be directly related to the plaintiff’s injury. Additionally, the plaintiff must still prove that they suffered damages as a result of the defendant’s conduct.
In conclusion, negligence per se can be a powerful tool in a personal injury case. If the plaintiff can prove that the defendant violated a statute or regulation and that violation caused their injury, then they may be able to recover the payment for damages faster. It’s important to consult with a personal injury attorney to determine if negligence per se applies to your case.
Have you ever had to travel a long distance to see your doctor for your workplace injury? Whether it’s for a specialist appointment or a medical procedure, the cost of travel can quickly add up. But what if I told you that you may be able to get reimbursed for those medical miles? In this article, we’ll explore the concept of medical miles and how you may be able to get reimbursed for your travel expenses.
When you are hurt at work, workers’ compensation plans put the employer in charge of a lot of decisions. Because their plan is footing most or all of the bill, your employer directs your care. This may mean that you, as the injured worker, will be required to travel farther than you normally would to seek medical treatment. If you need to see a specialist, it may be that he or she is not in your hometown, which also means traveling a distance.
What many people don’t realize is that the distance you traveled to see your doctor can be reimbursed. Medical mileage reimbursement is a program that allows patients to be reimbursed for the cost of their travel when they visit their doctor. The program is designed to help those who have difficulty accessing healthcare due to distance or other transportation barriers.
Medical mileage reimbursement can be a valuable resource for patients who require frequent medical care. By offsetting the costs associated with transportation, patients can focus on their health and well-being without worrying about financial strain.
Not all medical visits qualify for mileage reimbursement. In general, only visits related to the treatment or diagnosis of a medical condition are eligible. This includes visits to doctors, dentists, chiropractors, physical therapists, and other medical professionals.
However, routine check-ups, cosmetic procedures, and visits for personal reasons (such as getting a flu shot) do not qualify for reimbursement. Additionally, if you are traveling to a medical facility for a non-medical purpose (such as visiting a friend who happens to be a doctor), you cannot claim mileage reimbursement.
If you use public transportation, rest assured your expenses are covered as well. Just keep track of the actual costs of your fare.
Finally, in some instances, it may be necessary to incur costs for overnight lodging and meals. These, too, are reimbursed within reason.
To get reimbursed for your medical mileage, you will need to provide certain documentation. The exact requirements may vary depending on the specific reimbursement program you are using, but there are some common documents you will likely need to submit.
First and foremost, you will need to provide proof of your medical appointment. This can typically be done by submitting a copy of your appointment confirmation, a receipt from the doctor’s office, or a note from your doctor verifying that you had an appointment on the date in question.
You will also need to provide documentation of your mileage. This can be done by keeping a log of your trips to and from medical appointments, including the date of each appointment, the starting and ending addresses, and the total number of miles driven. You can use a mileage tracking app or simply keep a notebook in your car to record this information.
In addition to these basic documents, you may also need to provide proof of your expenses. For example, if you had to pay for parking or tolls during your trip, you will need to provide receipts or other documentation to show these costs.
It’s important to keep all of your documentation organized and easily accessible, as you may need to submit it multiple times or provide additional information if your claim is denied or rejected for any reason. By staying on top of your paperwork and providing accurate and complete documentation, you can increase your chances of getting reimbursed for your medical mileage.
Calculating your medical mileage reimbursement is a straightforward process. The first step is to determine the number of miles you traveled for medical purposes.
Once you have a total mileage figure, you need to multiply it by the current medical mileage rate. The IRS sets this rate each year, and for 2023, it was $0.22 per mile. So, if you traveled 50 miles for medical purposes, your reimbursement would be $11 (50 miles x 22 cents per mile). The rate changes every year, however, so be sure to take note of the new rate when logging your miles.
Overall, calculating your medical mileage reimbursement is a simple process that can help offset the cost of healthcare expenses. By keeping accurate records and checking with your insurance provider, you can ensure that you receive the maximum reimbursement possible.
If you have additional questions about reimbursement for medical travel expenses, reach out to an attorney so that you have the support you need and the care you deserve. At Oxner + Permar, we care a great deal about our clients, and we’re always here to help.
Healthcare professionals are the backbone of the medical industry. They work tirelessly to ensure that patients receive the best possible care. However, this dedication can come at a cost due to the prevalence of workplace injuries for healthcare professionals.
Fortunately, workers’ compensation can provide a safety net for healthcare professionals who are injured on the job. In this article, we will explore the prevalence of on-the-job injuries in the healthcare industry and how workers’ compensation can help.
Healthcare professionals are at a higher risk of workplace injuries compared to other industries. In fact, the healthcare industry has one of the highest injury rates among all industries. According to the Bureau of Labor Statistics, healthcare workers experience roughly 653,000 and illnesses each year.
The nature of the healthcare industry requires healthcare professionals to perform physically demanding tasks, such as lifting and moving patients, standing for long periods of time, and working in awkward positions. These tasks can put a significant strain on the body and increase the risk of musculoskeletal injuries.
In addition to physical injuries, healthcare workers are also at risk of exposure to infectious diseases and harmful chemicals. This is particularly true for those who work in emergency rooms, intensive care units, and other high-risk areas.
Furthermore, they can also go through mental and emotional stress due to the nature of their job. This can lead to burnout and even depression in some cases.
Despite the prevalence of workplace injuries in healthcare, many healthcare professionals are hesitant to report their injuries or seek workers’ compensation benefits. This may be due to fear of retaliation from their employer, lack of knowledge about workers’ compensation, or concerns about the impact on their job.
However, it is important for healthcare professionals to report their injuries and seek workers’ compensation benefits if they are injured on the job. Workers’ compensation can help cover medical expenses, lost wages, and other costs associated with a workplace injury. It can also provide support and resources to help injured workers recover and return to work.
Healthcare professionals are at a higher risk of on-the-job injuries due to the nature of their work. They are constantly exposed to hazardous materials, infectious diseases, and physical strain, which can lead to injuries and illnesses. That’s why workers’ compensation is essential for healthcare professionals. Here are some of the benefits of workers’ compensation:
Workers’ compensation provides coverage for medical expenses related to injuries or illnesses that occur on the job. This includes doctor visits, hospital stays, surgeries, medications, and rehabilitation.
If a healthcare professional is unable to work due to an injury or illness, workers’ compensation provides wage replacement benefits. This ensures that the injured worker can continue to support themselves and their family while they recover.
If a healthcare professional is unable to return to work due to a permanent disability, workers’ compensation provides disability benefits. This can help them maintain their quality of life and financial stability.
Workers’ compensation provides legal protection for healthcare professionals who are injured on the job. It ensures that the injured worker is not responsible for the costs associated with the injury and that they are not retaliated against by their employer.
Overall, workers’ compensation is a crucial safety net for healthcare professionals. It provides the necessary support and protection for those who are injured or become ill while performing their job duties.
Often times, healthcare professionals can be very focused on helping other people and forget to look after themselves. Whether you’re a nurse, technician, or assistant, if you’ve been hurt on the job, don’t forget to file for workman’s compensation. It’s important that you’re seeking proper medical treatment and taking time to recover so that you can get back to work as quickly as possible.
We’ve worked with many clients who were injured while working in healthcare, so we have the experience to answer questions about filing for worker’s compensation as an employee of a hospital or medical facility. We know what your rights are, and we’re passionate about making sure that those who devote themselves to caring for others are being taken care of themselves.
You’ve been injured on the job, you’re out of work, and now you’re beginning to worry about your next paycheck. Did you know that when an employee becomes injured on the job, the North Carolina Industrial Commission (NCIC) encourages employers to offer a light work duty?
In this article, we’ll discuss what light work duty is and what you should do if you’re placed on light work duty after an injury at work.
If you’ve been injured at work, your employer may place you on light work duty as part of your workers’ compensation benefits. But what exactly does light work duty mean?
Light work duty is a temporary work assignment that is designed to help you recover from your injury while still allowing you to perform some work-related tasks. It may involve modified job duties, reduced hours, or restrictions on physical activities.
The purpose of light work duty is to help you stay active and engaged in the workplace while you recover from your injury. It can also help prevent your injury from getting worse by reducing the strain on your body.
Being placed on light work duty after an injury at work can have many benefits for both the employee and the employer. Light work duty refers to tasks that are less physically demanding and are designed to accommodate the injured employee’s limitations while they recover from their injury. Here are some benefits of being placed on light work duty:
By performing light work duties, the injured employee can continue to work and stay active, which can speed up their recovery process.
Being on light work duty can reduce the stress and anxiety that an injured employee may feel about not being able to work. It can also help them maintain their sense of purpose and routine.
Continuing to work, even in a limited capacity, can help the injured employee retain their skills and knowledge, which can make it easier for them to return to their regular duties once they are fully recovered.
Light work duty can also be beneficial for employers as it can help reduce workers’ compensation costs by keeping the injured employee on the job and avoiding lost productivity.
By accommodating the injured employee’s limitations and providing light work duties, employers can demonstrate their commitment to the well-being of their staff, which can boost employee morale and loyalty.
Overall, being placed on light work duty can be a win-win situation for both the injured employee and the employer. It can help the employee recover faster, retain their skills, reduce stress, and maintain their sense of purpose, while also helping the employer save costs and improve morale.
If you find yourself out of work—without the option of light duty employment—here is what you need to know:
Did you know that if you’re injured on the job in North Carolina, you may be entitled to partial disability benefits? These benefits can provide financial support for those who are unable to work at their previous level due to a work-related injury or illness. However, many people don’t realize they are eligible for these benefits and end up leaving money on the table.
If you’ve been injured on the job and are experiencing limitations in your ability to work, it’s important to understand your rights and options. In this article, we’ll explore NC partial disability benefits, including who is eligible. By the end, you’ll have a better understanding of whether you may be leaving money on the table and how to take action to secure the benefits you deserve.
An employee is injured at work. A claim is accepted. Medical treatment is provided—and work restrictions are honored. Eventually, he or she reaches maximum medical improvement and heads back to work.
What most people don’t realize is that they may be eligible for scheduled benefits under N.C. Gen. Stat §97-31—a partial impairment rating that determines employees who are not fully healed may receive additional benefits.
Partial Disability Benefits is a type of compensation that is available to individuals who have suffered a work-related injury or illness that has resulted in a permanent partial disability. This means that while the individual is still able to work, their injury or illness has caused a permanent impairment that affects their ability to perform certain tasks or activities.
Partial disability benefits are not permanent and may be subject to review. If a worker’s condition improves and they are able to return to work at their pre-injury level, their benefits may be reduced or terminated. However, if their condition worsens, they may be eligible for additional benefits.
NC Partial Disability Benefits are available for individuals who have suffered an injury or illness that has resulted in a partial loss of their ability to work. To be eligible for these benefits, you must have sustained an injury or illness that has left you with a permanent impairment, but you are still able to work in some capacity. This means that you can still perform some work-related tasks, but your earning capacity has been reduced due to your disability.
To qualify for NC Partial Disability Benefits, you must also have worked for a certain period of time and paid into the Social Security system. Specifically, you must have earned enough work credits to be considered “insured” under Social Security.
Additionally, your disability must be expected to last for at least 12 months or result in death. You must also be under the age of 65 to qualify for Partial Disability Benefits, as this is the age at which you become eligible for full Social Security retirement benefits.
It’s important to note that even if you do not qualify for Partial Disability Benefits, you may still be eligible for other types of benefits, such as workers’ compensation or long-term disability insurance. It’s important to explore all available options to ensure that you receive the maximum amount of benefits possible.
When it comes to Partial Disability Benefits, the amount of money you can receive will depend on a few different factors. Firstly, it will depend on the severity of your disability and how much it affects your ability to work. Secondly, it will depend on your average weekly wage before your injury or illness occurred.
If you are eligible for NC Partial Disability Benefits, you can receive up to two-thirds of your average weekly wage, subject to a maximum weekly limit set by the state.
The amount of money you receive from Partial Disability Benefits may not be enough to cover all of your expenses, especially if you were earning a high salary before your injury or illness. That’s why it’s important to also consider other sources of income, such as workers’ compensation or Social Security Disability Insurance (SSDI).
If you are considering filing for partial disability benefits, you may be wondering if you should hire an attorney to assist you. While it is not required by law, seeking the help of an attorney can be a wise decision.
An experienced attorney can guide you through the complex legal process, ensuring that all necessary paperwork is filed correctly and on time. They can also help you gather the necessary medical evidence to support your claim, which can increase your chances of being approved for benefits.
Additionally, an attorney can help you understand your rights and the benefits you are entitled to receive. They can also negotiate with insurance companies on your behalf, which can be incredibly beneficial if your claim is denied or if you are not receiving the full amount of benefits you are entitled to.
Overall, seeking the help of an attorney can be a wise decision when filing for NC partial disability benefits. They can provide invaluable support and guidance throughout the process, ensuring that you receive the benefits you are entitled to.
