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Category: Disability Claims

Your Rights When Injured on the Job

Every day people are injured on the job. And few often know their legal rights when that happens. In addition to the right to file a workers compensation claim, employees injured on the job often have other legal options available to them to get the compensation they need to address their injuries, time away from work and other damages that come into play.

 

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Kinds of Personal Injury Damages

When a person is awarded damages in a personal injury case, there is, of course, a distinct rationale behind the monetary award given. In most cases, the intent of monetary damages is to compensate the plaintiff for loss and/or damaging effects that result from an accident.

The defendant, or their insurer, is made to pay the award to the plaintiff (either by a court order or through negotiations) in an effort to make them "whole" of their loss as a result of the accident.

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Personal Injury Damages and What They Cover

Damages awarded in a personal injury case can seek to remedy a variety of issues that result from an accident. Below are a few descriptions of many of the variety of damages (compensatory and punitive) for which a plaintiff may be eligible in a personal injury case.

Medical:
In nearly every personal injury case a plaintiff will seek medical damages. Medical damages are meant to compensate the plaintiff for any medical treatment they have received as a result of the accident as well as an estimate of any future medical treatment to address those injuries or even future injuries that may stem from those injuries.

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Substance Abuse, Disability and Eligibility

Until the late '90s, disability claims based solely on drug and alcohol abuse could typically be awarded benefits. The policy was generally observed by Social Security Administration officials across the country.

But since the early 2000s, disability claims based solely on drug and alcohol abuse have been routinely denied.

Many now believe that a disability claim where drug and alcohol abuse is a "material" factor cannot be awarded benefits. But that, in fact, is not true.

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Disability and Substance Abuse

Unlike physical disability caused or impacted by ongoing drug or alcohol abuse, mental disability or impairment aggravated by drug use is a very gray area for Social Security administrators to adjudicate.

Disability claims that involve mental impairment and substance abuse often hinge on the same questions physical impairment/substance abuse claims pose. Determining how the claimant’s substance abuse affects their impairment and ability to work is critical to determining eligibility.

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