FAQS About OSHA Violation Claims

Posted on May 25, 2021 by Admin

Founded by Richard Nixon back in 1971, the Occupational Health and Safety Administration (OSHA) made a benevolent impact on our country then, and today, continues to play an important and active role in protecting the rights of American workers. Those who are negligently injured at work as a result of such violations are entitled to certain benefits, such as compensation for their damages and losses. If you were recently injured at work, you need to educate yourself on your legal rights.

Continue reading to review some frequently asked questions about OSHA violations and workers’ compensation claims.

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What is OSHA?

The acronym OSHA stands for Occupational Health and Safety Administration (OSHA). The Occupational Health and Safety Administration (OSHA) primary goal is to ensure that American work environments are safe for both employees and guests. In fact, all American workers, employers, manufacturers and more are legally obligated to adhere to all OSHA rules and regulations. If they fail to do so, they can face serious legal repercussions, including heavy fines, lawsuits, restitution, and more. The reason why penalties are so strict is due to the fact that ignoring such codes and regulations can result in serious or fatal accidents.

What are the Types of OSHA Violations?

There are four primary categories of OSHA violations: Willful, Serious, Repeated, and Other-Than-Serious.

► Willful: A violation that occurs when an OSHA obligation is consciously ignored.

► Serious: An OSHA violation that can potentially cause a serious or fatal accident.

► Repeated: An OSHA violation in the workplace that has been cited before.

► Other-Than-Serious: A condition in the workplace that can impact health and safety, but not cause serious accidents or injuries.

Which OSHA Violations are Cited the Most?

One of the most common occurrences as a result of violated OSHA regulations are industrial accidents. Ladders, scaffolding, moving machinery, falls, powered industrial trucks are some of the most frequent causes of serious and fatal construction accidents.

How Can I Get Compensated for an OSHA Violation?

It is common for employers to display OSHA regulation posters throughout the workplace to notify employees of their OSHA obligations and workplace safety rights. These posters will have information regarding workplace safety, OSHA requirements, and instructions for notifying superiors about workplace safety concerns. If you were injured as a result of an OSHA violation, contact an Indianapolis workers’ compensation lawyer as soon as possible to learn your legal rights.

Are you looking for a skilled and experienced OSHA violation litigator in Indiana?

Contact Carl Brizzi LAW at 317-636-7497 to speak with a licensed Indiana civil lawyer about the personal injuries you’ve suffered as a result of a workplace or OSHA violation accident. We offer free initial consultations and never collect lawyer fees unless we prevail for you!

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Carl Brizzi Law Indianapolis Indiana 317-636-7497

Does Renter’s Insurance Cover Personal Injuries?

Posted on May 17, 2021 by Admin

As a tenant of an apartment or similar residential rental, your landlord has a duty of care to ensure that all common areas of the complex are safe and free of foreseeable hazards. But accidents and personal injuries do happen, which leads many tenants and their guests asking, “who is liable?” and “will renter’s insurance pay out an injury claim?”

As a renter, it is wise to educate yourself on premise liability, both your role in liability as well as your landlord’s. Continue reading to learn more about what renter’s insurance general covers, and what might or might not be covered in the case of a personal injury claim for yourself, a member of your household, or a visitor.

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Renter’s Insurance Coverage Basics

All renters, whether of a condominium, apartment, townhouse, or single-family home, will be required to have proper renter’s insurance coverage. There are various scopes of renter’s insurance, ranging from minor coverage to maximum coverage; it all depends on what is required by the leaser and what is in the renter’s budget.

Such coverage, in all scopes, does cover a basic number of items, such as clothing, furniture, electronics, and other personal belongings in the case that they are lost, stolen, or otherwise damaged. More extensive insurance might cover a lot more, including liability in the case that a guest is injured in your residence.

Injured Tenants Versus Injured Guests

Renter’s insurance does not cover personal injuries to tenants, nor any members of the tenant’s household. However, depending on the type of policy selected, some renter’s insurance does cover personal injuries suffered by guests of tenants, but only if the tenants are at-fault for the accident that caused the personal injuries.

Landlord Liability

Tenants are protected by premise liability laws that require landlords and proprietors to maintain a safe and hazard-free environment in all common areas for both renters and visitors. This includes parking lots, sidewalks, walkways, trails, lobbies, entrances, hallways, stairs, community rooms, fitness centers, ponds, and swimming pools. So, if a tenant or their guest is injured on the premises due to landlord negligence, such as poorly maintained common areas, it would be the landlord who is legally responsible for the victim’s personal injuries.

In all cases in which the landlord is to blame for a tenant or visitor’s accident and subsequent injuries, they are the party responsible. In such as case, a victim would hire a personal injury law firm to file a premise liability claim and recover compensation for their damages and losses, including hospital bills, medical expenses, lost wages, and more.

If a guest or visitor is injured inside a tenant’s residence, it can be trickier trying to determine fault. There are many cases in which both tenant and landlord are held partially at-fault for indoor accidents to tenants and guests. To avoid liability as a tenant, it is vital to hire an experienced accident lawyer to represent your personal injury claim.

Did you slip and fall or involved in an accident on another’s property, and now you are seriously injured? Contact Carl Brizzi LAW at 317-636-7497 to learn your rights to pursing legal action against the at-fault party through a premises liability claim in Indianapolis, I n diana.

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Am I to Blame for My Car Accident if I Was Ticketed at the Scene?

Posted on May 11, 2021 by Admin

If the responding police officer cited you at the scene of your car accident, does it mean that you are at-fault? Although being issued a ticket is never a positive situation, if it happens to you at the scene of your car accident, there is no need to panic. Being cited by police for a traffic infraction does not necessarily mean your claim will be implicated negatively.

Continue reading to learn what you need to know about this topic, including how to protect yourself from liability after being injured in an auto collision.

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Traffic Violations and Car Accident Claims

In most cases, a driver who is ticketed for a moving violation in relation to a car accident is typically deemed the at-fault party. So, if you received a ticket that is related to the car crash, and you want to make a claim or sue the other party involved for damages, you will most likely be unsuccessful. In fact, most personal injury law firms will turn down car accident injury cases if the claimant was issued a ticket in connection with the accident. But there are exceptions.

For instance, you can choose to contest the ticket, which would absolve you of having any fault in the accident. From there, you could likely move forward with a valid car accident claim. Or, if the other driver were also cited in the accident, there could be a chance for you to be less at-fault. In this case, you could be in a good position to make a claim by proving that the other driver was more to blame for the accident than you were.

Comparing Fault in a Car Accident

Indiana uses comparative fault analysis and comparative negligence to determine fault in an accident. Under the comparative fault legal principle, if an injured victim is less than 50% at-fault, they can still collect for their damages. Whereas comparative negligence divides the amount of fault among each person involved in an accident. This concept is used in a situation where multiple parties were negligent. So, fundamentally, if a driver is 49% (or less) at-fault, then they are most likely entitled to basic compensation. If they are 50% at-fault or more, then there is very little chance at being awarded compensation.

You Need a Car Accident Lawyer to Decide What’s Best for Your Case

If you are seriously injured after a car accident, and you strongly feel that the other party is to blame, retain the guidance of a licensed, board-certified Indiana car accident lawyer for advice. They have the acute knowledge of Indiana accident law and car insurance laws, and can determine whether or not your ticket has a chance of being dismissed, and you are in a good place to pursue legal action for your damages and losses.

Car insurance and car accident lawsuits are not something you should try to understand on your own, especially because you don’t have to. If you were recently injured in a car accident and cited at the scene, do not think you are automatically disqualified for making a claim. Talk to an experienced Indianapolis car accident lawyer who can take a closer look at your case and determine the best strategies for collecting compensation to cover your damages and losses.

Were you hurt in a car accident that was not your fault and now you are suffering financial hardships? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free case evaluation with a seasoned Indianapolis Indiana car accident injury lawyer you can trust.

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Should I Hire a Lawyer to Write My Injury Demand Letter?

Posted on May 3, 2021 by Admin

Now that you have suffered serious damages as a result of another’s careless action or inaction, you are faced with the legal matter of bringing an injury claim against them. To start the process, you will need to send a demand letter to the opposing party, or their insurance company, revealing all damages and losses, and beginning the negotiations for a fair settlement amount. But do you write this letter? Or should you hire someone to do it for you? This is a vital question to ask yourself, and the answer is to always seek professional legal assistance for all stages of an accident claim.

Continue below to learn more about demand letters in personal injury cases, as well as who to trust for superior civil litigation fir personal injuries in Indiana.

Hire an Injury Lawyer Before the Accident Claim Process Begins.

Hire a Personal Injury Lawyer Right After Your Accident

As soon as you are capable, it is the right step to hire a personal injury lawyer right after your accident, far before even thinking about writing a demand letter. They have the knowledge and experience to guide your case in the direction of a successful outcome, all while protecting you and your liability along the way. So, when it comes time to send your demand letter, whether an initial one or one for personal injuries, think carefully about who you appoint to get it done.

Although it is legal and perfectly possible to write this letter yourself, it is not recommended, especially of your claim is worth a lot of money. After all, can you imagine a large insurance company taking you seriously when asking for a large sum of money without any legal backbone to enforce it through? For this reason, it is strongly encouraged to retain professional legal counsel for help navigating your personal injury claim, including writing your injury demand letter.

Initial Demand Letters Versus Injury Demand Letters

A demand letter is basically a formal memo that begins the compensation negotiations for the accident. Depending on the circumstances of your accident, you may need to send two demand letters, the first being an initial demand letter for property damages, and then an injury demand letter for your personal injuries once you have finished your immediate medical care. Car accidents are common personal injury cases in which both types of demand letters are sent.

Common Points Included in a Claimant’s Injury Demand Letter:

► Employment – Name of employer, place of work, and current earnings, etc.

► Physical Injuries – Actual physical damages to body and/or mind.

► Medical Records – Official diagnoses, summary of treatment, etc.

► Personal Efficacy – Post-accident difficulties, prolonged physical therapy, ability to work, ability to do things around the house, impairment to personal life, etc.

► Lost Wages – Time spent off work, lost earnings, lost promotion opportunities, etc.

► Pain and Suffering – The extent of which the accident and all post-accident circumstances have caused you to suffer.

Reservation of Rights Letters

Many personal injury claimants confuse demand letters with reservation of rights letters. Fortunately, with a skilled and certified personal injury lawyer working your claim, you will not have to worry about these letters at all. But for your own understanding, the difference between a Reservations of Rights letter and a demand letter is that demand letters are sent by claimants to insurance companies, while reservation of rights letters are sent by the insurance company to the claimant before the negotiations process begins.

Are you looking for an experienced and qualified civil litigator to recover the maximum settlement for your injury claim? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free case evaluation with a seasoned Indianapolis Indiana personal injury lawyer you can trust.