Newsletter Navigation
- Workers' Compensation Reform: Good For Big Business, Bad For Working People
- How The Social Security Disability Process Works
- Hill Boren Wins A Pioneering Discrimination Case
- Hill Boren Expands Social Security Disability Team
- Limiting One's Right To Sue Is A Disservice To Working Americans
- Are You At Risk For Developing A Repetitive Work Injury?
- Two Recent Hill Boren Cases Remind Us Of The Dangers Of Everyday Household Products
Workers' Compensation Reform: Good For Big Business, Bad For Working People
The rights of injured people are under attack. The Tennessee legislature is trying to cut workers' compensation benefits. Hill Boren along with the Tennessee Association for Justice is working to ensure that your rights are protected and you get the compensation you deserve.
To understand the importance of workers' compensation, look at its history. Workers' compensation laws became necessary in the early 1900's, when injured workers were faced with rising medical costs and lost wages.
In those days, an injured employee had to prove that the employer was at fault. Even if the employee was at fault, the injured worker still could not receive compensation if:
- he/she was partly to blame
- he/she knew of the risks beforehand
- the injury was caused by a coworker
In most cases, injured workers received no compensation at all.
Workers struggled for the passage of workers' compensation laws. The original law was a compromise between business and labor. Employees gave up their right to sue for unlimited jury awards in exchange for more modest but certain compensation for lost time, medical bills and benefits. Employers gave up their cozy system of fault-based liability in exchange for a no-fault system, but with limits on the amount of money they would have to pay their injured employees.
All fifty states now have workers' compensation laws. Tennessee enacted its first workers' compensation laws in 1919. Yet, a study in the 1970's found that many state programs were still inadequate. In 1972, for example, the maximum lost time benefit in most states was below the poverty level for a family of four.
Big Business complains that Tennessee is losing jobs because of high workers' compensation insurance rates. So, they are trying to convince our legislature to turn back the clock by cutting benefits and denying injured workers their day in court.
Big business argues that keeping employees from taking their cases to court saves money. Hill Boren and injured workers say, ''If you want to decrease workers' compensation costs do more to increase workplace safety and control medical costs."
How The Social Security Disability Process Works
If you or someone in your family becomes disabled you don't have to face the social security claims process alone.
Hill Boren can help and there is no charge for the initial consultation.
To be eligible for Social Security Disability Insurance or SSI benefits you must be unable to work because of medical problems. Your disability must be expected to last a continuous period of 12 months or result in death.
Step 1 - Initial Application Level
If you believe you are disabled from work, you should first consult with your doctor. If your doctor agrees that you are disabled, the next step is to go to the nearest Social Security Administration office and fill out a disability application.
You will receive a letter letting you know whether you are approved or denied. If you are approved, the process ends there and you will soon begin receiving benefits. If you are denied, you have sixty days to appeal the decision.
Step 2 - Reconsideration Level
Do not get discouraged if you are denied. That does not mean you are not disabled; it just means that you have not yet convinced the Social Security Administration that you are.
At the reconsideration level the Social Security office will get additional medical evidence and make another decision on whether you are disabled. Again, you will receive a letter either approving or denying your application.
Step 3 - Hearing Level
If your request for reconsideration is denied, you have sixty days to request a hearing with an Administrative Law Judge.
It is at this point in the process that you should definitely seek legal assistance. Your legal representative will be allowed to present additional proof of your disability and you will get to meet the judge face-to-face to discuss your condition.
This is the most important step in the entire process because it is the only chance you have to meet face to face with the person who decides your case and if you need to go to the next step, the decision at that level will be based on the record from this hearing.
If you are again denied, your legal representative can request that the Administrative Law Judge's decision be reviewed by the Social Security Appeals Council and, if necessary, in Federal Court.
If you have any questions about how to prove your disability or if you need us to assist you through the process, please call. We have a legal team ready to help you.
Hill Boren Wins A Pioneering Discrimination Case
Christopher L. Taylor recently tried a remarkable case in employment discrimination where a black manager of a Memphis restaurant was found to have been discriminated against by a black boss because of his dark complexion.
The case stemmed from a claim by Jerry Brack, a former manager in a Captain D's restaurant. Brack claimed he was discriminated against by his supervisor because his skin was darker than that of his African American co-workers.
During the trial, several witnesses testified that the supervisor often made offensive remarks about Brack's skin color. During testimony, it was also revealed that the supervisor had compared a lighter-complexioned employee as "the day" and Brack as "the night".
Brack's supervisor also expressed her wish to place light-skinned or white employees in stores located in predominantly white neighborhoods. When Brack was transferred to a predominantly black neighborhood to make way for a light-skinned employee, he complained and was subsequently given lower pay and less hours. Brack was eventually fired.
Hill Boren Attorney Christopher L Taylor and another local attorney represented Brack. At trial, it was made known that the restaurant had no actual policy that banned color discrimination, nor did it train managers on the issue.
The jury found for the Plaintiff Jerry Brack on his claims of color discrimination, hostile work environment based on color and retaliation. Brack was awarded an undisclosed amount of compensatory and punitive damages.
Hill Boren Expands Social Security Disability Team
Hill Boren has always offered social security disability claim representation as a part of our legal services for injured and disabled persons. Now we've added a new member to our team. Lawyer John F. Ketcherside has joined Hill Boren in the Disability Law Department.
Prior to moving to Jackson and joining Hill Boren, John practiced law in Mississippi for 14 years. "We moved to Jackson to be closer to family," stated John. "I knew of Hill Boren's great reputation and after meeting the attorneys and staff I knew this was where I wanted to work."
A graduate of Central Missouri State University in Warrensburg and the University of Missouri – Kansas City School of Law, John is a member of the Mississippi and Missouri Bar Associations and the Sons of the American Legion.
John and his wife DeeAnn attend Woodland Baptist Church where he is a member of the choir.
"We are excited to have John on board," said Ricky Boren. "We have a solid reputation for bringing competence and professionalism to Social Security claim representation and John only strengthens our service to our clients."
If you or someone you know is disabled and has not yet made a claim, or their claim has been denied, remember Hill Boren for disability claim representation. There is no charge for initial consultation and our staff will guide you through each step of the process.
Limiting One's Right To Sue Is A Disservice To Working Americans
President Bush blames America's economic problems on the lawyers who represent consumers and the workers who make our economy run. He said it is in America's economic interest to prevent American families from suing those who have done wrong.
Well, I disagree. Taking away the right to sue does not create jobs or help our economy. It only penalizes those who suffer permanent, life-altering injuries as a result of medical malpractice and those maimed by companies who knew and covered up the lethal dangers of their products.
The people in power who want to reward corporate greed don't trust the American People. They don't trust the men and women – a jury of your peers – to listen to the facts of each case and make a decision.
The victims deserve better. Limiting the compensation offered to a patient paralyzed by a doctor's negligence, restricting legitimate class-action lawsuits and bailing out corrupt companies are not reforms. These actions are only payoffs to the special interest groups that have spent millions of political dollars to avoid being held accountable.
Are You At Risk For Developing A Repetitive Work Injury?
If your job requires you to do repetitive tasks while working on an assembly line or using such machines as power tools, sewing machines, screw drivers, etc, you are at a high risk of developing a repetitive work injury. These types of injuries include carpal tunnel syndrome, tennis elbow, trigger finger or trigger thumb, tendonitis and even some shoulder-type injuries.
Repetitive stress injuries to the wrist, elbow, or shoulder can cause permanent damage. Unfortunately, because these problems develop gradually, rather than being caused by a specific "accident," employees often fail to report them. If you are experiencing any of the symptoms associated with a repetitive work injury, you should report it to your employer immediately and request medical treatment.
Under the law, your employer must provide you with a choice of three doctors. These types of injuries are covered by workers' compensation and you are entitled to medical care and disability benefits while off work. If a permanent impairment results, you are entitled to permanent disability payments.
Hill Boren, P.C. has represented hundreds of workers with repetitive work injuries. If you feel you have suffered this type of injury or any other type of work related injury, please contact us as soon as possible. We will be glad to answer any questions and your first consultation is free.
Two Recent Hill Boren Cases Remind Us Of The Dangers Of Everyday Household Products
Deep Fat Fryers
A Nashville toddler suffered 3rd degree burns over nearly 50% of his body when he pulled the power cord on a counter top deep fryer, and the fryer turned over dumping hot oil onto the toddler.
The fryer was designed with a magnetic detachable power cord to prevent just such an accident, however, the cord did not release when the toddler pulled on it. The fryer also did not have a cover or locking lid which could have also prevented the injuries. According to the United States Consumer Product Safety Commission, there have been many serious injuries to children from similar counter top deep fryers, some even resulting in death.
Randall Phillips of Hill Boren and George Fusner, an attorney from Nashville, have recently filed suit against the manufacturer of the fryer. They are also investigating a similar incident where another Nashville area toddler was burned over nearly 50% of his body.
Bowflex Fitness Machines
A West Tennessee man was severely injured when the bench on a Bowflex fitness machine broke while he was doing his morning workout. He ultimately required neck surgery and continues to have serious problems from the injury even after the surgery.
Randall Phillips recently filed suit against the manufacturer. After the lawsuit was filed the manufacturer, in conjunction with the United States Consumer Products Safety Commission, announced a voluntary recall of several models of the fitness machine on January 29, 2004. According to the press release, the manufacturer and the CPSC have received at least 70 reports of the backboard benches breaking, resulting in at least 59 back, neck and shoulder injuries.
For more information on these and other unsafe household products, please visit the CPSC's website at www.cpsc.gov.
