Injured - FindLaw Accident, Personal Injury and Tort Law Blog

Injured - The FindLaw Accident, Injury and Tort Law Blog


Let's say you slip and fall in a county courthouse. Or you're riding a city bus when it crashes. If you're injured, you may have an injury claim against the government.

And while all injury lawsuits have time limits, known as the statute of limitations, cases against city, state, or federal entities often have shorter limits and additional filing requirements. Here are a few things to keep in mind if you're wondering whether it's too late to sue the government for an injury.

Americans work too hard. Because of long hours and work stress, many of us are working ourselves towards a heart attack.

If you get a heart attack, either at work or at home, can you get workers' compensation?

Nothing says sunshine and relaxation like a bout of vomiting and diarrhea. Yuck!

More than 200 passengers on two cruise ships, Royal Caribbean's Legend of the Seas and Celebrity's Infinity, have been struck low with norovirus. The CDC is currently investigating the norovirus outbreak and monitoring clean up procedures on the two ships.

If you are one of the poor souls who got sick on a cruise ship, can you sue?

Maybe you don't like needles. Maybe you don't want to spend the last months of your life undergoing chemotherapy.

It's your body, but do you have the right to refuse medical treatment?

Your job may be full of hazards, such as heavy boxes and dangerous machinery. However, did you ever expect the hazard to come from that tasty hamburger you had at the company cafeteria?

Food poisoning doesn't just hurt your stomach. It can hurt your wallet when you have to miss work and pay to see the doctor.

So, if you get food poisoning at work, can you get workers' compensation?

There are two major legal protections of our medical privacy: the physician-patient privilege and the Health Insurance Portability and Accountability Act (HIPAA). Both preclude doctors from disclosing your medical records to third parties without your consent.

But what happens to your medical records after you die? What if you need access to a deceased loved one or family member's medical records? Here's how death affects medical privacy under HIPAA and the physician-patient privilege.

You're hurt and out of work, so who should compensate you? While they both aim to provide income for people too hurt to work, workers' compensation insurance and Social Security disability insurance (SSDI) function a little bit differently.

So if your workers' compensation claim is denied, can you receive SSDI benefits instead? The answer may depend on if you're filing for benefits from the state or federal government.

What is Subrogation?

You've just gotten into a car crash. You were entirely innocent, and the other driver was 100 percent at fault. Your insurance paid your medical bills and your car repair bills. You think everything is all done. But, the insurer is contacting you and asking questions about what happened and who is at fault. They keep throwing around the words subrogation and lawsuit.

What is subrogation? Should you be worried?

We've all heard of doctor-patient confidentiality or doctor-patient privilege many times on television.

We know that doctors can't disclose our private medical information without our permission. However, as with all things law related, there are exceptions. Sometimes doctors are required by state law to disclose certain confidential information.

Is there an exception that will allow your doctor to testify against you at trial?

Stress at work is so ubiquitous that many of us accept it as a way of life.

However, if your stress is caused by the conditions at your work, you may have a workers' compensation claim.