Injury at Work January 8, 2009
Posted by Attorney Jonathan Groth in Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.Tags: car accident, injury compensation, personal injury, Personal Injury Law, Wisconsin car accident lawyer
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I was asked recently about a worker’s compensation question. For full disclosure I handle only workplace injuries against third parties. For example, if you are driving a work vehicle and involved in a car accident I would help you obtain compensation for pain and suffering, mileage to the doctor, doctors bills, property damage, rental vehicle and lost wages etc. This claim is against the at fault driver, i.e. the third party.
In addition to the claim against the at fault driver the injured person has a claim with workers compensation insurance. These types of claims are called first party claims. I don’t handle these. But, I work with attorneys across Wisconsin who do a great job.
Anyway, the question was whether an employer can force an employee to sign a contract to waive any worker’s compensation benefits.
This is what I found from Wisconsin’s Office of the Commissioner of Insurance:
An employer subject to the Act may not withhold or
collect any money from employees or any other
person, including independent contractors and
subcontractors, to pay for worker’s compensation
insurance. To do so is illegal. Also, no agreement by
an employee waiving rights to compensation is valid.
[s. 102.16 (3) and 102.16 (5), Wis. Stat.]
I hope this answers your question!
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wauwatosa, West Allis, Sheboygan, Plymouth, and Germantown.
If you’d like to submit a question or case please complete a case submission form.
Let’s Get to Zero January 7, 2009
Posted by Attorney Jonathan Groth in Drunk Driving, Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.Tags: car accident, wisconsin personal injury, Wisconsin Personal Injury Attorney, wrongful death
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The State of Wisconsin is running a serious ad blitz on TV and radio. The ads talk about the number of deaths and serious injuries that occur daily because of car accidents. In short the ads talk about cell phones, drinking and not paying attention as bad driving habits that we all can work on. If we can change our habits there won’t be as many injuries and serious car accidents in Wisconsin.
Their website ZeroInWisconsin.gov says:
Some deaths were caused by speeding while others were a result of drunk driving, or not wearing a seat belt. Tragically, these deaths affect many lives and cause great pain to thousands of people throughout the state. Fortunately, you can help change that number.
There is a bunch of statistics on the page too. I think I’ve already talked about the death totals from car accidents before.
In short, this is a good time to assess your driving habits and make a New Year’s Resolution to drive more responsibly. It sounds simple but this is good advice:
By staying within the speed limit, being sober behind the wheel, and buckling up, you can do simple things that can turn more than 500 annual deaths into zero.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Sheboygan, Plymouth, and Germantown.
If you’d like to submit a question or case please complete a case submission form.
Statistically Safer December 16, 2008
Posted by Attorney Jonathan Groth in Motorcycle Collisions, Wisconsin Auto Accidents.Tags: motorcycle accident, Personal Injury Attorney, Wisconsin car accident lawyer, Wisconsin Personal Injury Attorney
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According to the National Highway Traffic Safety Administration traffic fatalities in 2008 are down 10 percent. This is compared to the same period in 2007. So, Americans were less likely to be killed on the road in 2008 as compared to 2007.
The NHTSA discussed the number of people killed in vehicle accidents:
August is the month with the highest fatalities (3,612), while March has the lowest fatalities (2,804) during the ten months. When compared to the corresponding months in 2007, the estimates each month reflect a downward trend. While fatalities fell by 2.5 percent in February and 1 percent in August, there were much more significant declines March through July, Septem-ber, and October.
I can’t comment on the relationship of the statistics, but the NHTSA also discusses how helmet use and seat belt use were up in 2008 as compared to 2007.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Sheboygan, Plymouth, and Germantown.
If you’d like to submit a question or case please complete a case submission form.
Talk to Your Personal Injury Attorney Before You Sign the Retainer November 18, 2008
Posted by Attorney Jonathan Groth in Dog Attack Information, Drunk Driving, FAQ Personal Injury, Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.Tags: FAQ Personal Injury, hiring a lawyer, Personal Injury Law, Wisconsin Personal Injury Attorney
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The PersonalInjuryLawyerMichiganBlog.com has a good post about talking with your soon-to-be personal injury lawyer. According to this blog here are a few things to watch for:
- Fees. How much is the lawyer going to take of the settlement? It shouldn’t be an excessive amount.
- Honesty. Do you get a sense he is over inflating your potential award settlement or chance of winning to get you as a client? Like the saying goes, if sounds good to be true if probably is. That’s not to say that you don’t have a good case, but an experienced lawyer knows that most companies won’t sit quietly by as you sue them. He or she should let you know honestly what to expect.
- Quality. Does your lawyer answer all your questions so that you understand them or do you feel rushed through? You want to work with someone who is willing to get all the details and to work with you to get what you deserve. You don’t want a lawyer with a thousand clients, giving a half effort because he’s happy if a few of the lawsuits get paid.
Believe me, if you go to your initial meeting with a personal injury attorney with a list of questions and a trusted friend or family member in tow it will be a good/productive meeting. I see it as refreshing not insulting.
Hiring a personal injury attorney is a big decision. Be sure to google search the attorney. Look up their rating, cases and lawyers in the office or office share.
The more information the better.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Shawano, Algoma, Kenosha and Wauwatosa.
What Safety Features Would a Personal Injury Attorney Look for In a Vehicle November 17, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Motorcycle Collisions, Wisconsin Auto Accidents.Tags: motor vehicle collision, wisconsin personal injury, Wisconsin Personal Injury Attorney
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H/T to Attorney Michael Pines for this blog topic.
I agree with his 7 points:
1. High Crash Test Scores: Almost all motor vehicle makes and models for sale in the United States are supposed to undergo a series of crash tests conducted by the National Highway and Traffic Safety Administration (NHTSA). The most important crash ratings to look for are those for front and side car crashes and rollover resistance, as most serious injuries occur as a result of these types of auto accidents.
2. Antilock Braking System: When used properly, these new brake systems should allow for shorter stopping distances on slippery roads, and maintenance of steering control. They are also important in preventing vehicles from hydroplaning, which could potentially prevent a serious car accident.
3. Side-Impact Airbags:Front driver and passenger airbags are now required in all makes and models of vehicles as a necessary safety feature. Additionally, many makes and models of vehicles also include side-impact and side curtain airbags as well. Side-impact airbags are very important for protecting the torso of the occupants since there is no crumple zone to absorb the shock from a side auto accident collision. Therefore, these airbags have been proven to save many lives in side auto accident collisions and are a very important safety feature in all vehicles.
4. Side Curtain Airbags: Not to be confused with side-impact airbags, which protect the torso, side curtain airbags are intended to protect the head and neck from serious injury in a side collision car accident. Again, there is not as much crumple zone to absorb the shock of side collisions, so side curtain airbags are very important, and are becoming a standard feature in most makes and models of vehicles.
5. Rear-Parking Sensors:Especially important on larger vehicles such as trucks and SUVs, which provide larger rear blind spots, these sensors are especially useful in detecting objects as well as small children who may not be visible through the rear window or rear-view mirror. Many vehicles are now also coming equipped with rear cameras, which have already proven to be helpful in preventing a number pedestrian and car accidents.
6. Good Tires:While this may seem like an obvious statement, many people tend to overlook the safety advantages of well-maintained tires. Bad tires have been proven to be a major cause of many preventable auto accidents. Be sure to have your tires rotated, properly inflated air pressure, and replaced regularly to ensure maximum safety. Also, it is a good idea to examine the tire’s brand. As car accident lawyers, we remember the terrible auto accidents that occurred with Firestone/Bridgestone tires just a few years ago.
7. Cargo Netting or a Cargo Cage: Many injuries in car accidents result from objects inside the vehicle striking the occupants and causing bodily harm. Cargo nets can help to reduce and even prevent these types of injuries that can occur when involved in an auto accident.
Before I purchase a car, I go to the NHTSA’s website and do a search. Safety is our first concern (to quote Thomas the Train’s Sir Topham Hatt).
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Waukesha, Beloit, Kenosha and Wauwatosa.
Social Networks and Personal Injury Law November 10, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Motorcycle Collisions, Wisconsin Auto Accidents.Tags: Wisconsin Auto Accidents, wisconsin personal injury, Wisconsin Personal Injury Attorney
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Trialtechview.com blogged about social networking sites and child custody cases. This advice also applies to personal injury law. I’ve found a lot of information about at-fault drivers on their Myspace pages. People like to talk. Young people especially seem to think that they are talking only to their friends. So, you’ll find a lot of information that is usually only shared in the confines of a locker room or in their high school hallways.
In short, don’t just have an investigator get statements from witnesses of a collision. Check out google’s blog search, myspace and facebook for other information. Also, set up a google alert for any key names or unique information. You’ll be surprised what you find. I was!
I don’t want to share too many of my tricks of the trade on this blog. Give me a call or send an email and I’ll be happy to give some more advice.
Bikes: That What I’m reading About Today October 21, 2008
Posted by Attorney Jonathan Groth in Motorcycle Collisions.Tags: Bicycle Accident, Bicycle Safety, Wisconsin Personal Injury Attorney
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On any given day I bet no one would guess what I’m reading. Some days it is medical records about a cervical fracture. On other days it is a study about drunk drivers. Well, today I was reading a publication from the Bicycle Federation of Wisconsin entitled, “Bike Sense, The Wisconsin Bicycle Operator’s Manual.”
I’m looking for some information specific to a recent bicycle vs. car collision. Much of the information you probably remember from driver’s ed. For example, bicycles should drive with traffic. It’s safer.
What I was looking for and found was this passage:
You may pass on the right if it is safe to do so. It is safe only if you can maintain at least three feet clearance from both stopped and moving vehicles. When passing, be sure to check for drivers positioning themselves to make a right turn. Motorists may not signal their turns and often do not expect you to be to their right. This is a common cause of crashes.
A recent client was told that he was partially at fault simply because he passed a stopped car on the right. Now, the police report gives the opinion that my client was partially at fault even though there isn’t a basis for it in the law.
If you get a chance, read the bicycle manual. It’s always good to get a refresher on bike safety. Especially, nowadays when more people are avoiding high gas prices and getting back on their bicycles.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Kansasville, Marinette, Milton and Wauwatosa.
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