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If I Get Into a Fight at Work, Can I Still Get Workers’ Comp?

It's not common, but workplace fights do happen. Tensions build. Voices are raised. Tempers flare. And, in the extreme, shoves, punches, and piledrivers may get thrown about. Whether it's started by an argumentative customer upset about their caramel macchiato or two colleagues having a heated debate about something-totally-not-worth-fighting-about, injuries can result. So when you're injured in a fight at work, is workers' compensation still a thing? What Is Workers Compensation? Workers' compensation is a workplace insurance system for work-related injuries. Injured workers may have medical costs, lose wages while out of work, and sometimes suffer long-term disabilities as a result. That's what workers' compensation is for. Construction workers, delivery drivers, even dishwashers who die taking out the trash can receive workers' compensation benefits. Police and fire departments often carry extensive (and expensive) workers' compensation policies due to the physically taxing and dangerous nature of their jobs. Workers' Comp for Workplace Fights So long as it's a work-related injury, it's potentially covered. But it shouldn't surprise anyone that the law imposes limits on workers' compensation eligibility when fights occur. Under California law, for example, a worker who's the initial aggressor isn't eligible for workers' comp. Purely personal disputes that overflow into a place of business might not qualify either. The idea behind the entire system is compensating injured workers, after all. The further the facts stray from that legal standard, the more tenuous the case. Find Out If You're Eligible for Workers' Compensation Workers' compensation cases can be complicated. Claims are heard through state agencies, and when an employer contests a claim, the going can get tougher. If you're injured following a fight at work, speaking to a workers' comp attorney is a smart move. Related Resources Find a Workers' Compensation Lawyer Near You (FindLaw's Lawyer Directory) Workers' Compensation Laws by State (FindLaw's Learn About the Law) Can I Get Workers' Compensation If Assaulted at Work? (FindLaw's Injured)
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Amazon Eclipse Glasses Caused Permanent Blindness, Lawsuit Claims

The solar eclipse that crossed the U.S. on August 21, 2017 was more than just a rare event, it was an economic boon for the makers of solar eclipse viewing glasses. But Amazon, which sold millions of pairs of these glasses, is now facing a class action lawsuit as a result of at least two pairs not working. The injured couple claims that they purchased the glasses off Amazon's marketplace in order to view the eclipse and that they used the glasses as instructed to view the eclipse. After viewing the eclipse using the glasses, they started seeing spots and experiencing pain in their eyes, headaches, blind spots, sensitivity and distortion. Sadly, the warnings about not having the proper eye-protection were not just a ploy to sell the eclipse glasses at incredible mark-ups. Vacation Eclipses Emails Notably, one week before the totality event, Amazon issued a recall on several types of eclipse viewing glasses due to some third-party sellers being unable to verify that the glasses were manufactured according to international safety standards. It sent emails to the affected customers warning them not to use the glasses. Unfortunately, for the couple that filed suit, they did not see the email until it was too late. Like many other eclipse tourists, they left days ahead of the event, and Amazon's email was not received by them until August 19, just two days before the eclipse. Their lawsuit specifically states that the email was "too little, too late." Amazon's Liability Whether Amazon will ultimately be held liable is yet to be seen. However, this case is similar, at least in legal theory, to the lawsuit filed against the online retailer as a result of the teen that suffered a severe head injury due to an allegedly defective sword. When it comes to product liability claims, a court can hold every party that had a hand in distributing or making the product liable. The couple suing here are seeking refunds for the eclipse glasses, as well as compensation for past and future medical expenses and lost wages, and other losses (likely including pain and suffering). Interestingly though, the couple has only gone after Amazon, and not the actual manufacturer of the glasses. Related Resources: Can You Sue If You're Hit by a Delivery Truck? (FindLaw's Injured) Zappos, Amazon Sued Over Hack (FindLaw's Common Law) Climbing Wall Injuries: Who's Liable, When to Sue (FindLaw's Injured)
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Suing for Injuries at Walmart and Other Big Box Stores

If you are injured by someone else’s negligence while shopping at a Walmart, or any big box store, you may be wondering what you need to do in order to recover. Depending on how the injury happened, you may be able to negotiate a settlement with a claims representative. If your claim is against Walmart itself, you’ll likely need to file a lawsuit against the store (as Walmart has a bad reputation for not settling injury claims). What might come as a shock to many is that Walmart tops the charts when it comes to the number of lawsuits they face annually. While recent statistics are difficult to track down, at one point, the goliath faced approximately 5,000 new cases per year, or nearly 13 lawsuits every single day. In and Around the Big Box Big box stores like Walmart, Target, and Costco typically will have internal procedures that they will want to follow to document an injury that occurs on their premises. Usually, the internal procedures require the store management to gather information about how the injury occurred, as well as collecting witness information. If the injury is severe, sometimes a store may require a person be transported via ambulance, or be treated by paramedics on-site. While it may be helpful for your legal case to cooperate when injured, focusing on your health and safety should be your first priority. Lawsuits from slip and fall injuries in stores are fairly common. Depending on your state’s laws, and how your injury occurred, the complexity of your case can vary drastically. Not all injuries are the result of negligence, or the fault of another. In some states, slip and fall injuries put a much higher burden of proof on the plaintiff than in others. Typical personal injury claims while shopping at a retail store will be for negligence or premises liability. Product and Delivery Driver Liability In addition to all the lawsuits Walmart faces for in-store injuries by customers and employees, lawsuits also occur over delivery drivers accidents and dangerous products. Most prominently, comedian Tracy Morgan was involved in a fatal bus accident caused by a Walmart truck, which resulted in a rare high value settlement from Walmart, rumored to be close to $100 million. Related Resources: Injured in an accident? Get matched with a local attorney. (Consumer Injury) Disabled Woman’s Parents Sue Walmart Over Shoplifting Arrest (FindLaw’s Injured) Walmart Dress Caused Sexless Marriage, Lawsuit Claims (FindLaw’s Legally Weird) Long-Haired Woman Sues Walmart Over Shampoo-Related ‘Suffering’ (FindLaw’s Legally Weird)
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Santa Claus Sideswiped My Car! Accidents With Delivery Vehicles

It’s not easy delivering toys to children worldwide in a single night. So maybe Santa’s sleigh rolled a stop sign trying to save some time, and caught your car right on the rear fender. Did he stay long enough to give his insurance information? And since Santa was driving a delivery vehicle for work, how does that affect your injury claim? Here’s what you need to know if Kris Kringle crumpled your bumper: Frozen First Steps An accident with Santa, or any other delivery vehicle, is much like any other car accident. And your first steps after an accident are always crucial: Stay on the Scene: You’re probably in a rush yourself, but leaving the scene of an accident can be a crime. Inquire About Injuries: Check on the reindeer and Santa himself — make sure everyone is OK and call for medical attention if needed. Exchange Information: Make sure you get Santa’s insurance info and other relevant details like license and sleigh plate number, and provide your own. Gather Data: Get as much information about the accident as possible, including eyewitness statements from elves or anyone else who saw the accident, and document the scene with photos and notes. Make Contact: Santa may tell you he can take care of the damage and that there’s no need to get insurance companies involved, but not reporting the accident could revoke your insurance and, if the accident is serious, you should also contact the police so they can file a report. Deep Delivery Pockets Being hit by a delivery vehicle can offer different legal remedies if you’re injured. Not only is Santa’s insurance on the hook, employers can be held liable for their employees’ negligent acts. So, if one of the elves was behind the reins or Rudolph was making a delivery run, Santa and Santa Industries could be at fault. Even if the sleigh wasn’t on a delivery run, if it was being used “in the course of employment,” the company or employer can be sued along with the driver. Stay safe on the roads out there this holiday season. And if Santa runs into your Chevy instead of sliding down your chimney, don’t hesitate to contact an experienced car accident attorney. Related Resources: Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury) What Kinds of Damages May I Claim for Car Accident Injuries? (FindLaw) FedEx Truck Crashes Into Bus in Calif.; 10 Killed (FindLaw’s Injured) 5 Car Accident Myths (FindLaw’s Injured)
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Who Pays for Stolen Packages?

A stolen package at Christmas time is a terrible thing. Whether it was a gift for your child, or something valuable sent from someone you care about -- you are going to be mad. And you are going to want some compensation. Can you look to the delivery company for a little payback?Whether a delivery company will reimburse you for a stolen or lost package depends on a number of different factors, most importantly your contract. Yes, when you send a package you enter into a contract. The terms of that deal govern the extent to which you can seek reimbursement for a delivery that never arrives. Factors That Matter Factors that will impact your ability to seek reimbursement include what delivery service you use, whether and how much the package was insured, and where it was stolen, among others. Packages stolen off a front porch are less likely to be reimbursed than those taken from a delivery truck. Terms of receipt are also very important, perhaps the most important contract term in this context. So let's take a look at what you can do to ensure that presents don't all get swiped from your doorstep. Require a Signature To ensure that you receive what you ordered and that your gifts reach the intended recipients, require a signature when packages are delivered. Requiring a signature makes proof of delivery to an appropriate party an element of your deal, or contract. When you do not require a signature, you are agreeing that the extent of your deal with the delivery company is that they get the package to a particular address. In other words, you are not requiring that the package reach a specified individual, or even that just any person at the address may accept the package. You are asking only that the package reach its destination and certifying that the company's responsibility ends with dropping the package at the door. If you require no signature, then it is also much easier for a package that actually disappeared en route to be classified as a package stolen later. So although it can be very convenient to order goods online and find them waiting in a pile on your porch, it's probably worth the effort to ensure that deliveries only occur when you are available to receive them. Related Resources: Criminal Consequences of Stealing Packages (FindLaw Blotter) US Code Section 1708: Theft or Receipt of Stolen Mail Generally (FindLaw) Shoppers, Beware Christmas Counterfeits (FindLaw's Law and Daily Life)
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