What Happens After My Workers’ Compensation Claim Has Been Resolved?

Workers’ compensation claims can sometimes be a confusing process that leaves many asking what to do once it is all over. Typically, these claims resolve after the injured worker has finished medical care and is released back to work. Once this occurs, the injured worker and their lawyer work toward settling the claim or trying the case in court. Either way, the work comp claim usually ends, but what does this mean?  To understand what to do once a claim has been resolved, it is important to look at what it means for a claim to be over.

Resolution of a claim

An Alabama workers’ compensation claim is typically resolved either through a negotiated settlement or a trial. Once either of these situations is reached, your lawyer has completed their representation of you, but it does not necessarily mean your case is over. Several things go through the mind of the injured worker during this time of transition. Often medical care can still be ongoing. Hopefully, the injured worker has returned to employment in some capacity. Although the lawyer’s job has concluded, there are some things your lawyer should explain that will help you from that point forward. Here are a few things to keep in mind.

What happens after the settlement or court judgment?

After a court judgment or settlement occurs, it is important for the injured party to continue to monitor their medical symptoms, if any, and to receive the prescribed treatment. It is equally important to follow your doctor’s instructions such as taking certain medications and avoiding restricted activities. When the worker can return to work, depending on the workplace restrictions assigned by the work comp doctor, the employer will assess if they have an opening for the worker to return to the same employment. However, in some situations, the injured employee will have resigned or have been terminated from that employment.  In Alabama, there is no guarantee to return to the same job. Alabama is an at-will employment state, so the worker has very little control over this situation. Your lawyer should be able to explain how the law works for your employment situation.

Constant and clear communication is key!

For an injured worker to have a smooth transition after the case is over, the keys for the injured worker are to keep a clear understanding of work restrictions assigned by the doctor and know the expectations of the employer. Constant and clear communication with both is so important. If you have questions about work restrictions or what is expected at work, you must talk with them! If you still cannot get those answers, contact your lawyer who should be able to get those answers.

If you are hurt on the job due to unsafe working conditions, seek legal counsel, as you may be entitled to workers’ compensation or other benefits. As we have since 1967, we will continue to protect the legal rights of our clients – those who are hurt on the job while working for Alabama employers.

Bernard D. Nomberg has been a lawyer for more than 25 years. Bernard has earned an AV rating from Martindale-Hubbell’s peer-review rating. In 2021, Bernard was named a Super Lawyer for the 9th year in a row.

If you have been injured on the job and want to learn your rights, please consider contacting the Nomberg Law Firm.

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://nomberglaw.com/blog/workers-compensation/workers-comp-claim-resolved/

Workers’ Compensation Claims in the Metaverse Workplace

The working world is an ever-evolving landscape.

While brick and mortar offices will likely never go away completely, working remotely or virtually are here now and coming on strong. During the pandemic, the remote workplace became much more the norm for many reasons. Just about any business you can think of (except maybe healthcare and food services) now have some version of remote working.

What has also evolved during the last several years is the virtual workspace—also known as the “metaverse.”

What is the metaverse?

Remember the 1960s animated Hanna-Barbera show, The Jetsons?

Such a cool concept that was decades ahead of its day.

The Jestons’ world was a precursor to the birth of the metaverse. People and dogs flying around in a virtual world, communicating on screens and meeting up in all types of novel places.

Alternatively, remember the SimCity video series where you build your virtual world?

The metaverse is something like that.

The metaverse is a persistent virtual world where people can work, play and shop from anywhere using a virtual reality headset, augmented reality glasses, a phone or any other compatible device. These virtual spaces allow you to create and explore with other people who are not in the same physical space as you. In the metaverse, you will theoretically be able to hang out with friends, work, play, learn, shop, create and more.

Early legal claims in the metaverse

Increasingly, more and more segments of society and the working world are headed to the metaverse. Banking giants, Visa, Facebook and many other leading companies are already doing business in the metaverse. There is even one New Jersey law firm that has a metaverse personal injury law office!

By doing business in the metaverse, it will naturally lead to employees conducting business there, and as a result, legal claims will surely arise. There are many employment-related laws yet to be decided or even addressed in this field.

It seems that so far no one has decided what legal framework should apply to a decentralized digital workspace in which workers may be physically or geographically disconnected from each other and the company they work for.

For instance, claims have already been reported dealing with sexual harassment, sexual abuse and racist abuse. These claims are just beginning. Unfortunately, the metaverse is the wild west right now as everything is new to those jumping into the space.

How can there be work comp claims in a virtual workplace?

Excellent question — one we’ve been pondering as well.

Typically, there are 2 types of workers’ comp injury claims: physical and mental. While this article will not be able to address all questions concerning this topic, we will do our best here to point out what we believe will be those types of claims.

Physical injuries in the metaverse workplace

When a person is working virtually in the metaverse, they are likely wearing virtual headsets or glasses. We cannot foresee virtual “physical” injuries being compensable, but if this does become reality, we will be the first to report back here. For now, we will concentrate on actual physical injuries to the injured employee.

If a person working from home or a remote location has an accident or trauma while wearing the headset or glasses and this causes a physical injury, they might have a worker’s comp claim to pursue. For example, vision or hearing loss, or other physical injuries could be actionable claims. Additionally, there could be a third party claim against the manufacturer of the headset or glasses if the device malfunctioned causing injury.

Of course, the injured party would still need to prove legal and medical causation for a successful claim. Another consideration for these claims are venue and jurisdiction. Those issues might be determined by the physical location of the employment at the time of the accident. However, there are also virtual world or internet jurisdiction considerations yet to be addressed.

While more employees are working remotely than ever before, proving an on the job accident will still require the injured worker to prove that the accident occurred in the course of and arose out of the employment, regardless of the location of the work accident.

Mental injuries in a virtual workplace

Many states, including our home state of Alabama, don’t recognize mental injury claims without a physical injury claim. Several progressive states do allow for mental only work comp claims.

Just like in the physical world, witnessing certain traumas while on the job could be actionable. Post-traumatic stress disorder (PTSD), depression, anxiety and other related mental claims might be actionable in those states for a metaverse workplace claim.

The future of workers’ compensation and virtual workspaces

Stay tuned for more on this topic in the upcoming months!

In the meantime, if you are hurt on the job—in the real or virtual world—due to unsafe working conditions, seek legal counsel immediately as you may be entitled to workers’ compensation or other benefits.

As we have since 1967, Nomberg Law will continue to protect the legal rights of our clients—those who are hurt on the job while working for Alabama employers. If you have been injured on the job and want to learn your rights, please consider contacting us to schedule your free consultation.

Bernard D. Nomberg has been a lawyer for more than 25 years and he has earned an AV Preeminent rating from Martindale-Hubbell’s peer-review rating. In 2021, Bernard was named a Super Lawyer for the 9th year in a row.

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/work-injury/workers-comp-metaverse/

5 Do’s and Don’ts of Filing an Alabama Workers’ Compensation Claim

To have a successful workers’ compensation claim in Alabama, there are certain things for the injured worker to consider. Once a person is injured on the job, all of life’s stresses ramp WAY up—health, finances, employment, family communications, etc.

From the beginning, the most important thing to know is to be informed and knowledgeable about how to handle certain situations. This will make your claim run more smoothly and ensure a better result.

1. DO act quickly

Reporting your accident and injury to your employer in a timely manner is of the utmost importance. One of the most common mistakes during the process of a workers’ compensation claim is failing to report your accident or injury in a timely manner.

In the state of Alabama, the injured worker is required to orally report the accident to their employer within 5 days of the injury, or in writing within 90 days of the accident.

(Source: Alabama Code 25-5-1, et seq.)

Generally, an employer is required to submit the First Report of Injury within 15 days after the notice of the occurrence of the injury to the State of Alabama. Failing to report your accident and injury to your employer within the allotted time could result in losing your benefits eligibility.

2. DON’T leave out or add details

While not every detail might help your case, leaving out or adding certain details when reporting to your employer could hurt you. It’s very important to tell the truth about everything you remember when reporting your case.

When relaying your case to insurance companies, lawyers or doctors, being able to tell a detailed and accurate story of the event will help your claim progress efficiently. Be consistent about what you tell them! Although rare, failing to tell an accurate and honest story could result in workers’ compensation fraud.

On the other hand, reporting the accident to your employer is not the time to downplay your injuries. If you are not fully honest with your employer or your lawyer, the process of your workers’ compensation claim becomes much harder and might even take away potential benefits.

3. DO follow medical treatment

Once you are prescribed medical treatment from your doctor, you need to follow their instructions. This includes attending all medical and therapy appointments. If you miss these appointments, the insurance company or the employer will typically attempt to cut off all benefits for failure to comply with medical care. If you need to reschedule, notify the medical office as soon as practical.

Following your doctor’s prescribed care is usually the best course of action; however, in some circumstances, you do have the right to a second opinion paid for by the insurance carrier. Every situation is different. Consult with a lawyer experienced in these matters to guide your decision-making.

4. DON’T take part of work outside of your restrictions

Typically, employers will have a return-to-work program or a modified duty program to help ease the stress of coming back to work. These programs help the employee return to the workplace even if they cannot handle the job duties of their pre-injury job.

If your doctor issues a return to work order and you participate in one such program, make sure it falls within the guidelines ordered by your work comp approved physician. Although these programs can be beneficial, working outside of the scope of the program could cause you physical harm and suspend any progress you have made in your recovery.

5. DO hire a lawyer who is experienced in these matters

Throughout this process, it’s essential to have a good lawyer with experience and expertise of workers’ compensation claims. Avoid an attorney who doesn’t specialize in workers’ compensation claims. While you can educate yourself on important points of the process, a knowledgeable lawyer will help your claim substantially. It is important to hire a law firm with detailed experience regarding workers’ compensation issues in Alabama.

Do your research online, ask around and interview the lawyers you think would be a good fit for your case. The sooner you hire the right lawyer, the better they will be able to protect your legal rights!

If you are hurt on the job due to unsafe working conditions, you may be entitled to workers’ compensation or other benefits. As we have since 1967, Nomberg Law Firm will continue to protect the legal rights of our clients—those who are hurt on the job while working for Alabama employers.

Bernard D. Nomberg has been a lawyer for more than 25 years, and he has earned an AV rating from Martindale-Hubbell’s peer-review rating. In 2021, Bernard was named a Super Lawyer for the 9th year in a row.

If you were injured on the job and want to learn your rights in Alabama, consider contacting our firm for your free consultation.

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/work-injury/alabama-workers-comp-tips/

Who is Involved in the Workers’ Compensation Industrial Complex?

*Thanks to our friend and colleague Annemarie Pantazis from North Carolina for coining the phrase “Workers’ Compensation Industrial Complex.” We think it fits!

In most Alabama workers’ compensation claims, there are many different individuals and parties who have important roles during the life of the claim. Some have more important roles than others.

To get a better understanding of who these people are, we are outlining the basic roles of each character in the claim.

Who are the parties?

What are their roles and interests?

There may be a few others involved, but this should be a fairly comprehensive list.

Employee

The employee is the person who is injured on the job and making a claim for workers’ compensation benefits.

Employer

The employer is the business entity that hired the employee who was injured on the job.

Administrator or carrier

Third-party administrator/workers’ compensation carrier is the organization that carries the insurance coverage on behalf of the employer. They have the responsibility of investigating the claim to determine whether benefits will be paid.

Case nurse/case manager

The case nurse is hired by the insurance carrier to facilitate the medical care appointments of the injured employee.

Initial treating physician

Initial treating physician (or sometimes called “Gatekeeper”) is typically paid by the insurance carrier to examine and diagnose what injuries were sustained by the injured employee in the workplace accident or exposure.

Specialist

The specialist is sometimes utilized in work comp cases when a particular body part is injured and requires specialized medical care.

Authorized treating physician (ATP)

The ATP is the approved medical provider for the injured employee.

Primary care physician (PCP)

The PCP is the injured employee’s personal doctor who usually is not approved by the insurance carrier to provide medical care relating to the work comp claim.

Radiologist

A radiologist is sometimes called upon to take diagnostic films such as X-rays, MRI’s or CT scans to help diagnose particular injuries.

Panel

The Panel of Four choice is a list of potential new authorized treating physicians that the injured employee can choose from that is authorized to provide medical care by the workers’ comp insurer.

Utilization review doctor

Utilization review doctor is asked by the insurance carrier to review the proposed medical care being offered to the injured employee. Their decision whether to agree or disagree on medical care impacts the employees’ rights.

Physical therapist

A physical therapist is brought into the workers’ comp process when the authorized treating physician believes that conservative care pre or post-surgery is the best medical option for the injured employee.

Pain management doctor

The pain management doctor treats the injured employee when the current authorized treating physician believes that pain management is the best medical care for the injured worker.

Transportation services

Transportation services are utilized when the injured worker does not have their own method of transportation. The use of transportation services must be approved beforehand by the insurance carrier before it may be utilized by the injured worker.

Private investigator

A private investigator is usually hired by the insurance carrier or the employer to do surveillance on the injured worker during the time the injured worker is away from work due to injury.

Vocational expert

A vocational expert can be hired by either the employer/insurance carrier or the lawyer for the injured worker to determine whether a vocational loss is part of the damages for the injured worker in their workers’ comp claim.

Functional capacity evaluation therapist

A functional capacity evaluation therapist is typically hired by the authorized treating physician at the end of the healing phase to determine the functional ability and limitations of the injured worker before they return to the workplace.

Pharmacy suppliers

Third-party pharmacy suppliers mail medicine to the injured worker usually when the injured worker cannot physically pick up their medicine at a brick-and-mortar pharmacy.

Plaintiff’s attorney

The plaintiff’s attorney is the lawyer who represents the injured employee in the workers’ compensation matter.

Defense attorney

The defense attorney is the lawyer who represents the employer and/or the insurance company that is providing the workers‘ compensation insurance coverage for the employer in the workers’ compensation matter.

Ombudsman

Alabama’s State Ombudsman is often utilized to mediate disputed work comp claims between the parties. They have similar but limited authority to a Circuit Judge in handling these matters.

Circuit Court Judge

Circuit Court Judge will try disputed workers’ compensation claims as well as have best interest hearings to finalize settlements.

When to hire an Alabama work injury attorney

If you or a loved one were hurt on the job due to unsafe working conditions, it’s important to seek legal counsel as you may be entitled to workers’ compensation or other benefits. Since 1967, Nomberg Law has protected the legal rights of our clients—those who are hurt on the job while working for Alabama employers.

Bernard D. Nomberg has been a lawyer for more than 25 years. Bernard has earned an AV rating from Martindale-Hubbell’s peer-review rating. In 2021, Bernard was named a Super Lawyer for the 9th year in a row.

When you are ready to learn your rights, contact the Nomberg Law Firm to schedule your free consultation.

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/work-injury/workers-comp-industrial-complex/

Is a Subchapter V Chapter 11 Bankruptcy Case Right For You?

In February 2020, the Small Business Reorganization Act (SBRA) went into effect, opening up a new avenue for small businesses to seek relief under the U.S. bankruptcy laws in a more streamlined approach than the current process for large Chapter 11 cases. This new section of Chapter 11 is called Subchapter 5 (or Subchapter V).

Basically, Subchapter V provides debtors with an opportunity to reorganize more quickly and typically at a reduced cost—no more U.S. Trustee or Bankruptcy Administrator quarterly fees and no more Unsecured Creditors Committees to add to the administrative expenses.

Debtors are required to file a plan of reorganization within 90 days of the petition date and only a Subchapter V debtor can propose a plan. However, perhaps the most important difference in a Subchapter V case compared to a regular Chapter 11 case is that the debtor’s owner or owners may keep their equity in the business under a confirmed plan.

Usually, in a standard Chapter 11 bankruptcy case, the debtor must propose a plan that does not violate the absolute priority rule. This means that the owners cannot keep their equity in the company unless they propose a plan that will pay 100% of the debt owed to its creditors. Because 100% cases are rare in Chapter 11, it stands to reason that business owners who want to keep their interest in the company might shy away from Chapter 11.

Subchapter V introduces a way for corporations to reorganize while the shareholders or corporate members continue to control their voting and economic interests in the company.

Who is eligible for Subchapter V?

There are 3 basic eligibility requirements for Subchapter V:

1. Debt limit

When the SBRA went into effect, businesses with approximately $2.7 million in debts, or less, were permitted to take advantage of this new facet of the Bankruptcy Code. However, in response to COVID, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was signed into law, increasing the debt limits for Subchapter V cases up to $7.5 million.

More importantly, the $7.5 million cap does not include debts owed to insiders. So, shareholder loans to the company can be removed from the calculation for eligibility purposes.

2. Engaged in commercial or business activity

The debtor must be engaged in commercial or business activity. However, there is no requirement that the debtor remain engaged in the commercial or business activity post-petition. So, the company can cease operating and seek to liquidate assets to pay creditors or the individual owners may be eligible to file a Subchapter V case personally, as long as 50% of the pre-petition debt is attributable to business debt.

3. No single asset real estate

The only excluded activity for the small business debtor is operating “single asset real estate”. So, an apartment building or shopping center owner would probably be excluded from filing under Subchapter V.

What are the benefits of a Subchapter V case?

No disclosure statement

In standard Chapter 11 cases, a disclosure statement is required which is often costly to prepare and time consuming. Under Subchapter V, no disclosure statement is required. The plan should include a brief history of the business operations, a liquidation analysis and future disposable income projections to support feasibility of the plan.

Subchapter V trustee

A Subchapter V trustee is appointed to your case to help facilitate a consensual plan of reorganization. The trustee is not tasked with investigating the debtor and they do not have the avoidance powers of a Chapter 7 trustee. The role of the trustee is to supervise and monitor your case while participating in the development and confirmation of a plan.

Mortgage cram-down

Subchapter V enables an individual debtor to cram-down debt on homes they mortgaged to help fund their business. An individual who qualifies as a small business debtor can modify the mortgage on his or her principal residence, provided that the mortgage loan was not used to acquire the real property but was used primarily in connection with the business.

Cram-down confirmation

A Subchapter V debtor can propose a plan that is not accepted by any creditors. This is known as a “non-consensual plan.” Normally, in Chapter 11, at least 1 impaired class of creditors must accept the plan for it to be approved. In Subchapter V, as long as the plan does not discriminate unfairly, and is “fair and equitable” with respect to each impaired class that has not accepted it, the plan may still be confirmed.

What is “fair and equitable”? The debtor must commit all of its “projected disposable income” or property of equivalent value to make payments under the plan for 3-5 years. Debtor must demonstrate a “reasonable likelihood” that it will be able to make all payments under the plan and the plan must provide “appropriate remedies,” which may include the liquidation of nonexempt assets to protect creditors if the debtor fails to make plan payments.

If a non-consensual plan is confirmed, the trustee makes disbursements to creditors unless the court orders or plan provides otherwise. The debtor obtains a discharge after payments are completed in 3-5 years.

Why consult a Chapter 11 bankruptcy attorney?

If you are struggling to pay your debts and concerned about the future welfare for you and your family, it is important that you seek the advice of an experienced Birmingham Chapter 11 bankruptcy lawyer to ensure that your assets are protected and the debts you seek to eliminate are dischargeable.

Steven D. Altmann has been a lawyer for more than 25 years. He has earned an AV rating from Martindale-Hubbell’s peer-review rating and was recently named a Super Lawyer and Top Attorney by Birmingham Magazine in the area of Bankruptcy Law.

At The Nomberg Law Firm, our attorneys have been assisting consumers and business owners with bankruptcy matters for over 25 years. If you are considering filing for bankruptcy, please consider contacting us to schedule your free consultation.

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/bankruptcy/chapter-11-subchapter-v/

WHAT IS OSHA AND WHAT IS ITS ROLE IN MY WORKERS’ COMPENSATION CLAIM?

OSHA plays an important role in establishing safe and healthy working environments for employees. Workers’ compensation provides payment for medical expenses, compensation, and rehabilitation costs to employees who are injured in the course and scope of their job. Although both are concerned with the interests and well-being of employees, the two are distinct programs that can become intertwined and confused.

What is OSHA?

OSHA, the Occupational Safety and Health Administration, is the federal agency responsible for protecting the health and safety of workers in the United States. This administrative agency was created by Congress in 1971 after the passing of the Occupational Safety and Health Act of 1970 with the goal of establishing workplace standards throughout the country. Since the passing of this act, OSHA standards have significantly reduced overall injuries and illness rates for workers. OSHA has extended coverage to almost all private-sector employers, and even some public sector employers. While it doesn’t cover self-employed workers, OSHA reaches all 50 states with varying State-Plans that comply with, or enhance, the regulations imposed by the Federal standards.

What is OSHA’s Role in the Workplace?

OSHA sets requirements based on extensive research of specific workplaces to establish accurate and beneficial standards for employees. The administration provides training, equipment, and explanations of procedures to encourage compliance from employers. In addition, OSHA enforces misconduct in the workplace through issuing fines and even sometimes criminal prosecution referrals for serious violations. By creating and enforcing these standards, OSHA provides an efficient and fair standard for different workplaces that protect workers’ overall health and safety in their respective environments.

How Does a Violation of OSHA Standards Impact My Workers’ Compensation Claim?

Although both programs govern the interest of employees, OSHA and workers’ compensation are two different programs altogether. OSHA focuses on workplace safety, while workers’ compensation concentrates on an employee’s right to receive medical care or compensation because of a workplace injury. While violating OSHA standards might make a workplace unsafe, a violation of an OSHA standard by your employer will not allow a harmed worker to receive additional compensation or impair their ability to receive compensation. Typically, an injured worker is entitled only to benefits required by law, and therefore an employer has limited liability. If the injury occurred from an OSHA violation by a party other than your employer, this violation could be used as evidence in a personal injury suit in addition to your workers’ compensation claim against your employer. OSHA violations and workers’ compensation claims don’t directly impact one another, but rather are separate programs that protect workers’ interests in different ways.

Should I Still Report OSHA Violations at My Workplace?

It will still be beneficial to report OSHA violations to your employer to help avoid injuries and improve your place of work. If you notice an OSHA violation, reporting this condition to your employer can give an opportunity to fix this issue. In line with the goals of OSHA, reporting violations can result in a healthier and more safe work environment.

If you are hurt on the job due to unsafe working conditions, seek legal counsel, as you may be entitled to workers’ compensation or other benefits. As we have since 1967, we will continue to protect the legal rights of our clients – those who are hurt on the job while working for Alabama employers.  If you have been injured on the job and want to learn your rights, please consider contacting the Nomberg Law Firm. Our office number is 205-930-6900.

---

Bernard D. Nomberg has been a lawyer for more than 25 years. Bernard has earned an AV rating from Martindale-Hubbell’s peer-review rating. In 2021, Bernard was named a Super Lawyer for the 9th year in a row.

 

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/what-is-osha-and-what-is-its-role-in-my-workers-compensation-claim/

DECLARING BANKRUPTCY IN THE AGE OF COVID

The Covid-19 pandemic has caused a financial pandemic, similar to what the world experienced during the Spanish Flu of 1918. The implementation of lockdowns and other movement restrictions have compromised people’s ability to earn a living.

Many financial experts predicted that the number of bankruptcies would increase significantly this year. The increasing trend would be due to the many constraints that Covid-19 brought to the economy including an increase in unemployment.

A report earlier this year showed the average unemployment rate tripled from 3.6 percent to 13.0 percent in 2020.   However, the damage was mostly felt at the lower end of the labor market, as the majority of jobs lost were occupied by workers in the bottom quartile of wage earners, according to a report by the Economic Policy Institute.

Those are the kinds of jobs offered by the hard-hit hospitality and restaurant industries, where many companies and businesses are simply closing their doors rather than filing for bankruptcy or seeking a capital infusion to work out settlements with their creditors.

A recent report showed that the number of bankruptcies in the U.S. declined by over 25%. The decrease in bankruptcy filings is contrary to modern-day financial market patterns. Usually, the filing of bankruptcies in this country increase relative to economic issues like high unemployment rates

However, things are quite different during the Covid-19 pandemic.  There are moratoriums prohibiting foreclosures and evictions.  There have been various rounds of PPP loans and stimulus money checks from the U.S. Government in an attempt to offset the financial hardship felt by Americans.

Reasons Behind the Decrease in Bankruptcy Filings

Financial experts have attributed the decrease in bankruptcy filings to various issues, depending on the individual’s economic capabilities and awareness level in maintaining such financial obligations.  Federal stimulus money, forbearance from lenders and reduced collection actions, have been crucial in keeping many families and businesses afloat during the pandemic.

The Stimulus Checks

The U.S. government recently implemented the Federal Stimulus Package, which helped address the needs of businesses, taxpayers, business organizations, and other individual to adjust to the pandemic.  Stimulus checks have helped further the economy as consumers have more money to spend, but these solutions have limited timespans. When the government stops handing out money, Americans may find themselves unable to pay their debt and look to bankruptcy to solve their problems.

The Foreclosure and Eviction Moratorium

The extension of the CARES Act addressed the needs of tenants who are living paycheck to paycheck from the foreclosure or eviction from their home or apartment arising from non-payment of rent.

Landlords cannot evict a tenant if the property contains more than five units and the landlord has received a forbearance on the mortgage. Once the forbearance duration ends, the landlord must give a 30-day notice of default to the tenants.

The question is how long will the moratorium remain in effect?  Once the moratorium is lifted, consumers who face the threat of losing their home or residence may have to find sanctum in the bankruptcy court system.

Reduction in Debt Collection Actions

From the onset of the Covid-19, debt collectors in the country have made significant changes to their debt collection strategies.  Individual states have put a temporary halt on debt collection in a few ways. Some state authorities have limited the seizure or garnishment of stimulus checks. Some have banned garnishment altogether. And in others, the court systems have been suspended, so no new court orders or writs can be issued. However, bear in mind that if there is an existing court order against you, this could still be enforced in these states.

Once debt collection agencies ramp up their collection efforts again, consumers who are unable to work out reasonable settlements of their debt will again look to bankruptcy for their fresh start.

What Should You Do If You Think You Need To File For Bankruptcy?

Before filing for bankruptcy, you should consider that the process is a massive step in managing finances. It’s a procedure that will force you to organize your finances and ultimately relieve your financial stress.  However, Bankruptcy stays on your credit for seven years for a Chapter 13 and ten years for a Chapter 7.

Your credit rating will likely decrease during this time, which can make it difficult to access financial help. If you think you need to file for Bankruptcy, consider doing the following things first:

Get in Touch With Lenders

You should contact lenders if you face the risk of missing payments. Your lenders might provide you with better solutions during these times of hardship.

Your lender might allow you to delay or make a customized payment plan for your needs. Some lenders might also waive fees or interest. Getting in touch with your lenders may also help you avoid a negative rating on your credit report.

Consult with a Financial Professional

A professional financial consultation can help you solve many of your financial problems. It may seem like an unnecessary cost, but often times, a one-hour meeting with a bankruptcy attorney can help you plan for your future and save you thousands of dollars.

Such financial professionals have the technical know-how and experience to help you stay organized. However, they need you to be transparent about your personal livelihood.  They use such information to assess the risk that you face and to recommend suitable solutions for your needs.

You should be ready to discuss personal details such as your financial assets, income, and expenses so they can assess your current economic situation and offer a viable solution.

If you are struggling to pay your debts and concerned about the future welfare for you and your family, it is important that you seek the advice of a bankruptcy lawyer to ensure that your assets are protected and the debts you seek to eliminate are dischargeable.  Our attorneys have been assisting consumers and business owners with bankruptcy matters for over 25 years.  If you are considering filing for bankruptcy, please consider contacting the Nomberg Law Firm.  Our office number is 205-395-0532.

Steven D. Altmann has been a lawyer for more than 25 years. Steve has earned an AV rating from Martindale-Hubbell’s peer-review rating and was recently named a Super Lawyer and Top Attorney by Birmingham Magazine in the area of Bankruptcy Law.

---

We are a Federal Debt Relief Agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.

 

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/declaring-bankruptcy-in-the-age-of-covid/

HOW DO I KNOW IF I QUALIFY FOR CHAPTER 7 BANKRUPTCY? – TAKE THE MEANS TEST

If you are contemplating filing for bankruptcy, you have probably suffered a tragic event in your life.  Possibly a serious injury to you or your spouse, loss of a job, or closure of your business.  You may find yourself incurring a significant amount of debt, through no fault of your own.  The need to survive and to put food on the table for your family may require you to use credit cards or borrow money that you hope to be able to repay at some future date.

If you find yourself in this unenviable position, you may decide that filing for bankruptcy is your best option.  But, how do you know if you qualify for bankruptcy?    You should first speak with a bankruptcy attorney who can help you navigate the formula of the Means Test.

The bankruptcy “Means Test” is a formula designed to keep people with a large household income from filing for Chapter 7 bankruptcy.  This does not mean that you are prohibited from filing bankruptcy because you earn a good salary.  You may still qualify for Chapter 7 if your expenses are large enough to offset your income.  Also, if you fail to qualify, then you may still be eligible for Chapter 13 bankruptcy.

It is important to know that only bankruptcy filers with primarily consumer debts – not business debts – need to take the means test.  If your debts are primarily business debts, then you automatically qualify for Chapter 7 bankruptcy.  There have been a number of cases decided about whether a debt is considered a consumer debt or business debt, so talk with an experienced bankruptcy lawyer if you are not sure whether your debts are consumer or business.

HOW DOES THE MEANS TEST WORK?

The means test was designed to limit the use of Chapter 7 bankruptcy to those who cannot repay their debts. It does this by deducting specific monthly expenses (derived from the Internal Revenue Service for National and Local Standards) from your “current monthly income” (your average income over the six calendar months before you file for bankruptcy) to arrive at your monthly “disposable income.”

The first step of the means test is to determine whether your income is more or less than your state’s median income attributable to the size of your household.  If you earn less than the median income for a household of your size in your state, you pass. You’re done. You do not need to complete the rest of the means test. You can file for Chapter 7.

WHAT IF I MAKE MORE THAN THE MEDIAN INCOME?

For those whose household income exceeds the state median, the Means Test computations become more complicated. You must determine whether you have enough disposable income, after paying your allowed monthly expenses, to pay at least a portion of your unsecured debts.  If your disposable income adds up to more than a certain amount as prescribed by the Bankruptcy Code, you have failed the Means Test and must consider an alternative to Chapter 7.  The only way you can still file Chapter 7 is if you can rebut the presumption of abuse by demonstrating to the Court special circumstances that either justify additional expenses or an adjustment to your income.

WHAT IF I DON’T PASS THE MEANS TEST?

If you don’t pass the means test, you’re limited to trying to work out settlements with your creditors outside of bankruptcy or you can file Chapter 13 bankruptcy.  Chapter 13 requires you to propose a plan for repaying your creditors with monthly payments over a three- to five-year period.  Most people who file for bankruptcy prefer Chapter 7, which typically requires no repayment of debt and is less expensive than Chapter 13.

However, Chapter 13 bankruptcy is still the best way to handle specific problems, like curing a default on a home mortgage and repaying debts that will not go away in bankruptcy, such as most taxes and child support arrearages.  But before you settle on Chapter 13 bankruptcy, be sure to talk to a lawyer. You might find that you are able to pass the means test after all.

If you are struggling to pay your debts and concerned about the future welfare of you and your family, it is important that you seek the advice of a bankruptcy lawyer to ensure that your assets are protected and the debts you seek to eliminate are dischargeable.  Our attorneys have been assisting consumers and business owners with bankruptcy matters for over 25 years.  If you are considering filing for bankruptcy, please consider contacting the Nomberg Law Firm.  Our office number is 205-930-6900.

Steven D. Altmann has been a lawyer for more than 25 years. Steve has earned an AV rating from Martindale-Hubbell’s peer-review rating and was recently named a Super Lawyer and Top Attorney by Birmingham Magazine in the area of Bankruptcy Law.

---

We are a Federal Debt Relief Agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/chapter-7-bankruptcy-means-test/

AN UNSAFE SKY

[1]

Just last week, a Southwest Airlines flight attendant was assaulted by an unruly passenger upon taxiing the runway in the San Diego destination. The passenger was reportedly calm throughout the prior duration of the flight, but a confrontation regarding the passenger’s disregard of standard inflight instructions escalated when the passenger attacked a flight attendant. The brutal assault resulted in the attendant losing two teeth and sustaining injuries to the face. According to a witness, the flight attendant left the altercation covered in blood. Paramedics and police officers met the plane at the gate. The passenger was arrested on a charge of battery and taken into custody to the Las Colinas Detention facility. The flight attendant was taken from the plane to be treated at Scripps Memorial Hospital.[2]

Lynn Montgomery wrote a letter to the CEO of Southwest Airlines, Gary Kelly, to address the unsafe environment passenger misbehavior has caused. According to the letter, incidences of violence and misbehavior have risen in the year 2021 from the typical yearly amount of 100 to 150 formal cases to the staggering amount of 2,500. And it is only June. Montgomery noted in her letter that passenger non-compliance has also become more aggressive in nature. The letter implored CEO Kelly to respond to the need of flight attendants to be ensured a safe working environment, requesting additional air marshals and notice of changes in flight schedules to reduce the stress caused by uncertainty in flight attendants’ work schedules. Montgomery stated that flight attendants “are doing all they can do to ensure compliance while creating a safe environment for all passengers and crew, but they also need the support and tools required to prevent injury to ourselves and others.”[3]

But is that not exactly an employer’s responsibility in the first place? The Occupational Safety and Health Administration (also known as OSHA) sets guidelines across the country to provide accountability for an employer’s safety standards in the workplace. Further, workers’ compensation must be carried by any employer that employs at least five people, so coverage is ensured for an employee that sustains an injury on the job. When a third person causes the injury of an employee, a third available remedy is a personal injury claim or lawsuit filed against the said person directly.

Since the flight attendant works for Southwest Airlines, workers’ compensation benefits should be available to cover her medical expenses, lost wages, and any permanent disability sustained. Reading this list of coverage seems to fall short of true compensation for the ordeal. It is likely that if the flight attendant files suit against the passenger for assault and battery, punitive (think punishment) damages could be awarded due to the alarm and shock of the passenger’s actions, as well as the true damage the employee sustained, and passenger caused. However, the flight attendant may find a more palatable avenue in filing suit against Southwest Airlines for creating an unsafe work environment. The letter by Montgomery indicates that the airline was on notice of the drastic rise in violence perpetrated against its employees, and yet no action was taken in response to this increased risk of injury. As such, it could be said that Southwest would be liable to the flight attendant for not acting in accordance with this notice of danger. Time will tell the outcome of the flight attendant’s road to recovery.

If you are hurt on the job due to unsafe working conditions, seek legal counsel, as you may be entitled to workers’ compensation or other benefits. As we have since 1967, we will continue to protect the legal rights of our clients – those who are hurt on the job while working for Alabama employers.  If you have been injured on the job and want to learn your rights, please consider contacting the Nomberg Law Firm. Our office number is 205-930-6900.

---

Bernard D. Nomberg has been a lawyer for more than 25 years. Bernard has earned an AV rating from Martindale-Hubbell’s peer-review rating. In 2020, Bernard was named a Super Lawyer for the 8th year in a row.

 

 

[1] https://www.shermanstravel.com/advice/carry-on-pet-policy-by-airline-the-full-rundown.

[2] https://www.nbcnews.com/news/us-news/southwest-airlines-flight-attendant-loses-two-teeth-after-passenger-assault-n1268493.

[3] https://www.nbcnews.com/news/us-news/southwest-passenger-accused-knocking-out-flight-attendant-s-two-teeth-n1268909.

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/an-unsafe-sky/

MY WORKERS’ COMPENSATION CASE IS PENDING, CAN I FILE FOR BANKRUPTCY?

The answer is YES, but there are some key issues for you to consider before you file:

1. WILL I QUALIFY FOR CHAPTER 7?

Unless your debt is primarily business debt, in order to qualify for Chapter 7, you must first pass the Means Test.  The Means Test considers your total household income over the 6 months prior to the month you file bankruptcy and your allowable expenses (based on National and Local Standards used by the Internal Revenue Service) to determine whether you have enough disposable income to propose a repayment plan to creditors.

If your income is below the median income level for your county/state, then you will qualify.  If you were working and earning your regular salary during the 6-month lookback period, your average monthly income may be too high (since your workers compensation benefits are only 2/3 of your wages).  If your income is above the median income, you may still qualify, but you may also need to consider a Chapter 13.

If you are just starting to receive Temporary Total Disability (TTD) benefits, you may need to wait a few months before filing to ensure that you qualify or that your Chapter 13 payment will be manageable.

2. HOW LONG WILL I RECEIVE WORKERS COMP BENEFITS?

Your TTD benefits could last anywhere from 6 months to 6 years.  The length of time that you will receive benefits, will help to determine whether you can propose a long-term repayment plan through Chapter 13 or whether you will most likely need to file a modification of your plan once your income increases.  Filing bankruptcy under the assumption that your TTD benefits will be there forever is setting yourself up to fail.  The steadier your income stream the smoother your Chapter 13 plan will work.

3. IS MY WORKERS COMP SETTLEMENT EXEMPT IN BANKRUPTCY?

In Alabama, the answer is YES.  §25-5-86 of the Alabama Code provides that “Claims for compensation, awards, judgments, or agreements to pay compensation owned by an injured employee or his or her dependent shall not be assignable and shall be exempt from seizure or sale or garnishment for the payment of any debt or liability.”  So, when you receive a substantial lump sum payment, your work injury settlement should be exempt.  However, this begs the question of whether you would even need to file bankruptcy since most of your creditors cannot seize or garnish your TTD benefits.  Make sure you speak with an experienced bankruptcy lawyer before you decide to file to determine the best time to file.

If you are struggling to pay your debts and concerned about the future welfare for you and your family, it is important that you seek the advice of a bankruptcy lawyer to ensure that your assets are protected and the debts you seek to eliminate are dischargeable.  Our attorneys have been assisting consumers and business owners with bankruptcy matters for over 25 years.  If you are considering filing for bankruptcy, please consider contacting the Nomberg Law Firm.  Our office number is 205-930-6900.

Steven D. Altmann has been a lawyer for more than 25 years. Steve has earned an AV rating from Martindale-Hubbell’s peer-review rating and was recently named a Super Lawyer and Top Attorney by Birmingham Magazine in the area of Bankruptcy Law.

---

We are a Federal Debt Relief Agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.

 

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/my-workers-compensation-case-is-pending-can-i-file-for-bankruptcy/

MAXIMIZE THE VALUE OF YOUR WORKERS’ COMPENSATION CLAIM

[1]When it comes to navigating your workers’ compensation claim, it may not even cross your mind to wonder how best to settle your claim. The endless onslaught of questions revolving around treating your injury seem to take top billing. But what exactly is your injury worth? Should you seek a lump sum settlement or weekly benefit checks? How long will the checks last? If you take the lump sum option, will it be less than weekly benefits? What is the right amount to settle for? While every case is different, there are important steps every injured worker can take to insure they receive the maximum possible compensation for their injuries.

The first step to take is to report your injury promptly and correctly. Waiting only increases the risk that you will be met with obstacles when trying to prove the details of the accident. When reporting the injury, make sure to put the supervisor or safety department on notice on the event and injury, and make sure you notify them that you need medical care. Also, keep a copy for your own records, if possible. This is how your workers’ compensation claim is initiated.

Next, timely seek medical treatment immediately after incurring your injury. If you wait to receive medical treatment, this could give the insurance company cause to lower a settlement offer or deny your claim. Medical treatment is also the best way to corroborate the details of your injury as reported in your claim. Medical professionals can document the extent of your injury and physical restrictions, which can go a long way in fighting for your claim.

Document every action taken in relation to your claim. While some portions of the process may not seem important, keep all of the paperwork and take notes of what your doctor says and does at each visit. The costs of these visits and treatments can be used in settlement negotiations, the actions of your doctor can be proof of the extent of your injuries, and even your own words to the doctor can be used for (or against) your case. Everything associated with your injury can have the purpose of increasing your compensation. Do not leave anything to chance.

Do not go through this process alone! You really should consult an experienced workers’ compensation lawyer. Do your research online to find the right lawyer for your claim. There are things you do not know about the workers’ compensation process that can be used against you. Everything you say to a medical professional, employer, fellow employee, or insurance company can be documented and utilized for your benefit or for the benefit of the insurance company. To make sure that you avoid the landmines rampant throughout this process, having an experienced attorney on your side who can navigate these pitfalls is invaluable. If the insurance company sends you checks for an incorrect amount, a lawyer can assist you in receiving a check for the full amount. If your employer ignores your claim, a lawyer will know how best to proceed. What you are unaware of can hurt you, so align yourself with a knowledgeable attorney who is familiar with workers’ compensation.

If you are hurt on the job due to unsafe working conditions, seek legal counsel, as you may be entitled to workers’ compensation or other benefits. As we have since 1967, we will continue to protect the legal rights of our clients – those who are hurt on the job while working for Alabama employers.  If you have been injured on the job and want to learn your rights, please consider contacting the Nomberg Law Firm. Our office number is 205-930-6900.

---

Bernard D. Nomberg has been a lawyer for more than 25 years. Bernard has earned an AV rating from Martindale-Hubbell’s peer-review rating. In 2030, Bernard was named a Super Lawyer for the 8th year in a row.

 

[1] https://www.matrixinssolutions.com/business-insurance/workers-comp.

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/maximize-value-of-workers-compensation-claim/

REASONS FOR DELAY IN WORKERS’ COMPENSATION CASES

[1]

When the goal of a workers’ compensation claim is to receive benefits to provide for recovery of an injury, the light at the end of the litigation tunnel seems distant without incurring any delays. Filing a workers’ compensation claim can already seem like a minefield of unknowable traps and obstacles lying in wait without accounting for the likelihood that your case’s end could be pushed back again and again. When medical bills are piling up, the financial stress only adds to the pain of the injury. Rather than leaving more questions unanswered, this article’s aim is to shed some light on what goes on behind the curtain.

Written notice of your injury to your employer must be given within ninety days of the accident for the injury to be compensable, though reporting the injury within five days is recommended. After this, you have two years to file a claim for workers’ compensation benefits. In turn, your employer will notify its insurance provider of the claim for benefits in order to determine the compensability of the injury.[2] This is the starting point of using delay as a tactic against the employee during the compensation process.

It is imperative to keep in mind that insurance companies, like any other corporation, operate for the purpose of turning a profit. While insurance firms may market themselves as for the people or for the employee’s benefit, the financial bottom line is still a driving force of its operation. This leads to insurance adjusters causing undue delay when responding to claims. For example, an adjuster for the insurance provider may ask for an employee to provide information to the insurance firm that is not needed but takes time to produce. Once the information is provided, the adjuster may take longer than necessary to respond to emails or communications from the employee, causing further delay.

The purpose in delay is twofold. On the one hand, it prolongs the time until the insurance provider must pay out the benefits to the claimant, and on the other, it weakens the position of the employee, creating a dire need for benefits so that the employee is willing to accept a lower settlement offer. Insurance companies maintain funds in interest-accruing account. The longer a larger sum is left in the account, the greater the return on the principal. This creates the incentive for insurance companies to delay paying out large lump sum benefits. The delay in a return on the claim, in turn, creates a struggling financial situation for the injured employee who cannot return to work, yet has medical bills stacking up that must be paid. When money is sorely needed, the insurance provider can get away with paying less to the employee who will take whatever he can get in order to avoid amassing debt.

This is the reason consulting a workers’ compensation is of the utmost importance. There is more than meets the eye with filing a claim for work comp benefits, and every employee deserves full compensation for injuries sustained on the job.

If you are hurt on the job due to unsafe working conditions, seek legal counsel, as you may be entitled to workers’ compensation or other benefits. As we have since 1967, we will continue to protect the legal rights of our clients – those who are hurt on the job while working for Alabama employers.  If you have been injured on the job and want to learn your rights, please consider contacting the Nomberg Law Firm. Our office number is 205-930-6900.

---

Bernard D. Nomberg has been a lawyer for more than 20 years. Bernard has earned an AV rating from Martindale-Hubbell’s peer-review rating. In 2020, Bernard was named a Super Lawyer for the 7th year in a row.

 

[1] https://www.hq-law.com/blog/workers-compensation/bad-faith-delay-in-payment-workers-compensation/.

[2] https://www.workplacefairness.org/file-workers-comp-alabama#5.

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/reasons-for-delay-in-workers-compensation-cases/

MAJOR LEAGUE BASEBALL AND WORK COMP CLAIMS

[1]

February 17th was the general reporting date for Major League Baseball’s (MLB) annual Spring Training. All players reported to camp by February 26th. The 2021 season has its Opening Day scheduled for Thursday, April 1, 2021.[2] In the time of COVID-19 and working from home, the thought of regular baseball games to break up the monotony is a bright spot of hope for many. The drama of wins and losses, injuries, and triumphs, will provide much-needed excitement for those of us still unable to regularly meet others face-to-face.

While the game of baseball for fans may be just that, a game, for those on the field, it is their place of work. So what does that entail when a player is injured during a game or training? It happens almost weekly during the season – serious injuries to stars, subs and anyone who is putting their body on the line for their profession. Some injuries are career-ending. Bo Jackson, Tony Conigliaro, and Kerry Wood are three who come to mind. However, most injuries sideline the player for the season or certain periods of recovery. The 2020 season was largely lost to injury for Noah Syndergaard (Tommy John surgery), Stephen Strasburg (carpel tunnel neuritis), and Yordan Alvarez (knee). If the MLB is considered a workplace for its players, does that make injuries compensable by workers’ compensation?

According to a The New York Times report, pursuant to the MLB Collective Bargaining Agreement, since 2003 workers’ compensation insurance covers injuries that incur while a player is “on the job.” Baseball teams are generally obligated to cover the full cost of any medical care that a player requires for a baseball-related injury, regardless of the financial benefits to which the player may have been entitled under workers’ comp. This policy is for more than just the players, it includes any employee of the team as well. The other employees include front office personnel, food services and ushers, team trainers, and many others.

The only difference between team costs on premiums depends on the payroll size, the injury the team must cover, and the fee schedule of the state in which the team operates. What this boils down to is simple. The team covers the cost of the injury, and the player signs over the right to the team to recoup what it can from the workers’ compensation policy. Anything that the policy does not cover is the responsibility of the team. Regardless of the cost of the surgery or the expense of rehabilitation, the team is on the line, as the employer, to foot the bill for the entire amount.[3]

The difference between an injury for a Major League Baseball player and a general employee is that the baseball player does not require temporary disability benefits because he retains the ability to receive his usual salary while sidelined. The only potential point for which a player would seek additional benefits would be if he needed long-term benefits after suffering a career-ending injury. But in the event that a player can heal and return to the game, the team keeps whatever money it can recover in order to offset its costs.[4]

While we all hope our favorite players avoid any injuries this season, at least MLB has a fine-tuned way to get its players back in the game.  Play Ball!

If you are hurt on the job due to unsafe working conditions, seek legal counsel, as you may be entitled to workers’ compensation or other benefits. As we have since 1967, we will continue to protect the legal rights of our clients – those who are hurt on the job while working for Alabama employers.  If you have been injured on the job and want to learn your rights, please consider contacting the Nomberg Law Firm. Our office number is 205-930-6900.

---

Bernard D. Nomberg has been a lawyer for more than 20 years. Bernard has earned an AV rating from Martindale-Hubbell’s peer-review rating. In 2020, Bernard was named a Super Lawyer for the 8th year in a row.

 

 

[1]  Sean M. Haffey/Getty Images

[2]  https://www.cbssports.com/mlb/news/ranking-mlb-teams-by-pressure-to-win-2021-world-series-yankees-take-top-spot-from-dodgers-mets-in-top-five/

[3]  https://www.nytimes.com/2013/09/19/sports/baseball/harvey-is-covered-like-any-worker.html?searchResultPosition=1

[4] https://blogs.fangraphs.com/major-league-baseball-and-workers-comp/.

 

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/major-league-baseball-and-work-comp-claims/

TIPS FOR APPLYING TO LAW SCHOOL

[1]

Applying to Law School

How to Stand Out in the Crowd

 

You have finally made it through all of undergraduate school. It may have seemed like a holding pattern keeping you from finally getting where you have wanted to be all along. Law school. But now that the time has come to apply, what is it exactly that you should be focusing on? The LSAT is only a portion of your application package, so after the test is over, the real work begins.

The most important piece of information regarding the application process is the one that applies to nearly every area of the process: remember that law schools are looking at your whole person. Admissions officers are seeking to understand who you are as a person, not just as a student. While LSAT scores and undergraduate GPA factor greatly into the decision, schools look beyond statistics to gain a better sense of the person behind the numbers. This is where the personal statement takes center stage. This is the applicant’s opportunity to show off not only writing abilities, but a spark of personality. Humanizing yourself to the admissions officer makes a stack of papers stick out. Are you the first in your family to attend law school? What do you plan to achieve by earning a juris doctor? Be genuine and honest in your answer, giving a complete picture of who you are as a person. This can also be the place to compensate for a lower LSAT score or GPA if a standardized test is not the best representation of who you are as a student.[2]

Including letters of recommendation with your application can only help your chances of gaining acceptance. Ask for letters from people such as employers, professors, or mentors who can sing your praises. Make sure that these writers have known you for a significant period in order to give the letter greater weight. If the recommender can attest to your personal growth and achievement over a considerable time, all the better.[3]

Apply to a school that meshes with your goals. If your dream is to be a litigator, search for a law program that boasts trial teams and moot court competitions. If public speaking sounds like your idea of a nightmare, look for a school that touts clubs which focus on transactional studies. Not all schools are equal for every person. Think beyond the law school ranking tiers and find a program the coincides with your plans for the future. Opportunities abound at every level of law school, so fixating on rank alone will keep you from a full scholastic experience.[4]

An area to an application given little thought, because it exists outside of submitted materials, is social media. With growing regularity, social media accounts are scoured as a potential source to accept, or reject, a potential candidate. Using your own name as your account handle is best practice if you plan to keep your social media public as an avenue to display to admissions officers that you have what they will look for in a potential student. Be sure that all the information you make public is of a nature that should be public. Check the photos you are tagged in and remove all traces of activities that would reflect poorly on your potential for academic success. If having your account set to public seems like too much exposure, ensure that your account is set to private. Your masthead photo will still be viewable, so make certain it is a photo you would be comfortable showing to the world, because the world is watching!

Finally, start early! The longer you wait to begin, the greater the margin for panic. While procrastination is peaceful in the moment, nothing compares to finishing your application in enough time to proofread for errors. All the time and hard work spent on your application would be cast in the shadow of missing commas and misspelled words. Can you imagine hitting send only to review your submission and be faced with a screenful of mistakes? Save yourself the heartache and get to typing. Your dreams deserve a head start.

Alexa Wallace is currently a third-year law student at Samford’s Cumberland School of Law, where she is the Research and Writing Editor of the American Journal of Trial Advocacy and Associate Justice of the Henry Upson Sims Moot Court Board. Wallace holds a master’s degree in applied cognition and neuroscience from the University of Texas at Dallas as well as a bachelor’s degree in psychology from Lee University. None of this would have been accomplished without the existence of croissants.

[1] https://www.shu.edu/pre-law/law-school-application-process.cfm.

[2] https://www.lsac.org/blog/deans-share-tips-law-school-application-process.

[3] https://www.thebalancecareers.com/law-school-admissions-tips-2164363.

[4] https://money.howstuffworks.com/personal-finance/college-planning/admissions/5-law-school-admission-tips.htm.

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/tips-for-applying-to-law-school/

CAN I FILE BANKRUPTCY TO STOP A GARNISHMENT?

One of the most difficult forms of debt collection to overcome is wage garnishment.  Creditors, such as credit cards and medical bill collectors, can often take up to 25% of your net pay.  Debts owed to taxing authorities, such as the IRS, may result in even more being deducted. If you are living paycheck to paycheck, a wage garnishment can ruin your family budget.

A garnishment works like this:  The Creditor will file a Process of Garnishment with the court where it has obtained a judgment against you.  The court will then serve the Process of Garnishment on your employer or your local bank depending on where the Creditor believes it can get the most money.  After your employer or bank is served, you will receive notice of the garnishment giving you an opportunity within 30 days to claim an exemption or file an objection to the garnishment with the court.

Your employer is required to start deducting up to 25% from your wages and send the money to the court.  The Clerk of Court holds the money until the funds are condemned by the Creditor.  The Creditor must file a Motion to Condemn the funds before they are paid from the Court to the Creditor.

This is where bankruptcy can provide you the relief that you so desperately need. The bankruptcy code provides a powerful tool called the “Automatic Stay” which stops the garnishment cold in its tracks.  Once a bankruptcy petition is filed, the automatic stay goes into effect and requires creditors to cease any further collection efforts on the debt.

WHEN DOES THE STAY APPLY?

The stay takes effect as soon as a Voluntary Petition is filed. When filed, a notice is sent to all creditors, informing them of the stay. The notice is usually sent out within a day or two of filing. Rather than waiting, a copy of the notice can usually be obtained from the court docket on the date of filing.  It can then be hand-delivered, faxed, or electronically delivered to the creditor. Since an employee’s wages are being garnished, a copy should go to the employer’s HR department.  The sooner this is done, the sooner the garnishment can be stopped.

CAN I GET MY MONEY BACK FROM THE COURT?

If you file bankruptcy before the funds are condemned by the Creditor, the Clerk of Court will return the money to your employer, who will pay the money back to you.  This is why the timing of your bankruptcy is so important.  Once the funds are paid to the Creditor, the funds are no longer property that you can retrieve just by filing for bankruptcy protection.

If the Creditor attempts to garnish your bank account, the funds in the account will be frozen on the date that the garnishment is received by the bank.  A garnishment sent to your bank is considered a “one-time” garnishment, meaning it does not automatically continue like a wage garnishment.  Once the money is sent from the bank to the court, the bank is no longer obligated to continue sending money to the court.  The Creditor would need to serve another Process of Garnishment on your bank to have it freeze any future funds that you deposit in the bank account.  Filing for bankruptcy will stop the garnishment and force the bank to release the funds in the bank account to you.

WHEN DOES THE STAY NOT APPLY?

The stay does not apply to domestic support obligations, i.e. child support and alimony payments. If a wage withholding order is in effect for either of these obligations, the bankruptcy court will not stay the order, and the support will continue to be deducted from your wages.

If you had two previous bankruptcy cases dismissed within a year of commencing the present case, the stay will not be automatic. Thus, garnishment could continue. However, you may file a motion with the court to impose the automatic stay if you can prove that your current bankruptcy case was filed in good faith.

If you are struggling to pay your debts and concerned about the future welfare for you and your family, it is important that you seek the advice of a bankruptcy lawyer to ensure that your assets are protected and the debts you seek to eliminate are dischargeable.  Our attorneys have been assisting consumers and business owners with bankruptcy matters for over 25 years.  If you are considering filing for bankruptcy, please consider contacting the Nomberg Law Firm.  Our office number is 205-395-0532.

Steven D. Altmann has been a lawyer for more than 25 years. Steve has earned an AV rating from Martindale-Hubbell’s peer-review rating and was recently named a Super Lawyer and Top Attorney by Birmingham Magazine in the area of Bankruptcy Law.

---

We are a Federal Debt Relief Agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/can-i-file-bankruptcy-to-stop-garnishment/

LESSONS LEARNED ALONG THE WAY—REFLECTIONS OF A THIRD YEAR LAW STUDENT

Entering the world of law seems a daunting task for us mere mortals just making our start in the industry. Television shows, books, and movies memorialize the law field and the powerhouses that fill it. We see men and women command courtrooms with gravitas and the right amount of drama. Last-minute strokes of genius inspire newbie associates to find the hidden clause in a contract and bring the client victory. A lost witness comes forward at the close of a trial to win over the jury and seal the guilty verdict. While these images are awe-inspiring, they tend to make setting foot in the actual field seem an insurmountable goal and the giants that have already “made it” cast shadows over the hopes of first-year students.

As a soon-to-be graduate and newly minted lawyer myself, I have felt the trepidation that walks hand-in-hand with striking out on a specific career path. Nothing compares to the bewildering newness and overwhelming deluge of information packed onto your plate in those early days. It seems like the start of every class is actually the middle of the semester and everyone knows what is happening except for you. Reading lists are distributed a week before classes start and you should be five chapters into every book before day one even dawns. Oh, and you should have at least an intermediate level understanding of Latin and finding cases in the stratosphere of law databases. All in a single day’s work, right?

I fell into that trap myself, thinking I should have it all figured out while I whipped through assignments at warp speed. But standing on the precipice that is the end of school and the beginning of everything that comes next, I can see what law school was really meant to be. Law school is a boot camp not just for the mind but for your character. The pace and volume of material, while torturous at the time, was not meant to drill into my head that I was inadequate, it was a reminder that lawyers are responsible for the burdens of clients.

What those courtroom dramas and glamorized shows got right was the importance of the job. People turn to lawyers to find someone who will stand up for them when they cannot fight on their own. Law students are not given a break because the world does not take a break. There will always be something new to address, some new wrong to be righted. The three years spent in libraries, classrooms, and intern cubicles is transformative. Stripped away is the fear of failure because of all that is still unknown. What remains is the drive and determination to armor ourselves with knowledge and the skills necessary to bring justice to any situation. Because that is what learning the law is truly about. Not the admiration of juries or awards adorning walls, it is the license to stand in the gap for people and be their advocate.

Alexa Wallace is currently a third-year law student at Samford’s Cumberland School of Law, where she is the Research and Writing Editor of the American Journal of Trial Advocacy and Associate Justice of the Henry Upson Sims Moot Court Board. Wallace holds a master’s degree in applied cognition and neuroscience from the University of Texas at Dallas as well as a bachelor’s degree in psychology from Lee University. None of this would have been accomplished without the existence of croissants.

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/reflections-of-third-year-law-student/

IS THE END REALLY THE END? THE TRUTH ABOUT REOPENING YOUR WORKERS’ COMPENSATION CASE

[1]

Finally finding a resolution to your workers’ compensation claim is the main goal of most every injured employee. It is far from easy to be in pain and navigate the whirlwind of paperwork and doctors’ visits that go along with an objectively tedious and trying time. So, once a claim has concluded, money has been awarded, and you, as the employee, attempt to wade back into your duties at work mindful of the injury that took you away, to begin with, why should you bother wondering if you should reopen your claim?

To illustrate why this option could be of importance to you, consider this example. Suppose there is an employee working on a job site, and one of his duties involves climbing up and down ladders. The employee has been properly trained and is following all the safety protocols mandated by his employer. One day, this employee falls while climbing the ladder and suffers a significant injury to his back. The employee undergoes surgery and physical therapy, all covered by his workers’ compensation settlement with his employer. Eventually, the employee returns to work, yet he is unable to perform his previous duties. The employee then loses his job for a reason that does not include a “labor dispute,” voluntary resignation, dishonest or criminal act, actual or threatened misconduct after a previous warning from his employer, or a lapsed vocational license. This employee is then able to reopen his workers’ compensation case to obtain a reconsideration of his permanent partial disability rating.

Had the employee worked in a different state, the same conclusion to the story might not be written. However, the state of Alabama allows for workers’ compensation claims to be reopened if the employee is terminated any time within 300 weeks of his injury. This means that regardless of a previously concluded claim, an employee may reopen his case within two years of the termination in order for his rating to be reconsidered, so long as his termination does not fall within one of the five exceptions mentioned in the example above.[2]

A change for the worst in your employment status after attempting to return to work is not something you have to endure without complaint. Even after a successful claim for injury compensation, as an employee in Alabama, you are entitled to further compensation in certain cases after termination. Contact a workers’ compensation lawyer to learn if your claim meets this standard.

If you are hurt on the job due to unsafe working conditions, seek legal counsel, as you may be entitled to workers’ compensation or other benefits. As we have since 1967, we will continue to protect the legal rights of our clients – those who are hurt on the job while working for Alabama employers.  If you have been injured on the job and want to learn your rights, please consider contacting the Nomberg Law Firm. Our office number is 205-930-6900.

 

[1] https://www.coloradolaw.net/practice-area/workers-compensation/how-long-does-workers-comp-take-to-settle/.

[2]Ala. Code § 25-5-57(a)(3)(i) (2020).

---

Bernard D. Nomberg has been a lawyer for more than 20 years. Bernard has earned an AV rating from Martindale-Hubbell’s peer-review rating. In 2019, Bernard was named a Super Lawyer for the 7th year in a row.

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/the-truth-about-reopening-your-workers-compensation-case/

DISTRESS SIGNALS THAT YOUR BUSINESS IS IN TROUBLE

As anyone who has ever started their own business will attest, there is a huge financial risk involved.  Typically, small business owners invest their own money, or they will seek a bank or SBA loan to provide start-up capital for the business.  On the other side of the risk involved, are the substantial rewards that many entrepreneurs seek when starting a new business.  They get to be in control of their work environment, set their own work/life balance and reap the financial rewards that often come from being able to manage their own company.

But what are small business owners supposed to do when revenues are down, and their expenses are going up from having to change their operations in the middle of a worldwide pandemic?  The key to survival during these difficult economic times, is being able to identify the signs of financial distress and to determine whether the company can manage its business without having to file bankruptcy.

CASH FLOW or LIQUIDITY

Obviously, if the company runs out of cash, then it will be difficult to continue to operate.  So, it is imperative for business owners to monitor their income statement to ensure that the company is operating in a positive cash position each month.  If cash flow is negative for a sustained period, it usually means that the owners or shareholders will have to invest more of their money or borrow on a line of credit to keep operating.

If a company is liquid, it has enough assets in cash to make payroll and pay immediate bills.  If a company is unsure if it will have enough cash to operate 30 days out, then that is one of the distress signals that may lead the owners to consider alternative measures to generate cash, such as liquidating inventory or factoring receivables.

DECLINE IN REVENUES

Poor sales growth could indicate a lack of consumer acceptance of the company’s product or services.  If sales are slow, then the company may be forced to sell its product or service at a loss to sustain its business.  Reviewing a profit and loss statement each month will show sales revenues and enable a company to chart whether sales are growing or declining.

POOR PROFIT MARGIN

Poor profits are usually the first sign that the business is not doing well.  If the profit margin is low or declining each month, then that means the business expenses are too high or the company’s sales are poor.  When a business struggles to earn profit, business owners will often have to ask themselves whether it is worth continuing to funnel more of their own money into the business just to make ends meet.  If a company is forced to raise money externally, it will raise its business risk and lower its creditworthiness with creditors, suppliers, investors, and banks, eventually limiting access to outside funding.

DEFAULTING ON PAYMENTS OR EXTENDING PAYMENTS

If a business is delinquent on payments or has to continually ask for more time to make payments, it hurts the company’s reputation and suppliers, or other critical vendors could force the company to change its payment terms to cash-on-delivery (COD).  Trying to do business on COD will put extra pressure on the company’s cash flow.

Also, if the company is having to extend longer payment terms to its customers for its receivables, the business will likely start to feel the cash crunch as well.  Customers who are paying slowly should be notified immediately, particularly when the company depends significantly upon one or two major customers.  In this situation, the risk of financial distress becomes even greater.

ADVERSE COMMUNICATION FROM BANK OR LENDER

Falling behind on payments with a secured lender or bank will usually result in diminishing the relationship and good will that the company developed when the loan was initiated.  The lender may ask for additional security or personal guarantees of related third parties when the company seeks additional funding.  Keeping open lines of communication is paramount to furthering the company’s banking relationship and enhancing its opportunities for additional financing during times of financial distress.  If the secured lender sends a notice of default, it usually means that communication has eroded, and the company will have to look for other avenues to bring the lender current.

EMPLOYEE TURNOVER

Changes in senior management and in employee turnover tend to be an early warning sign that a business is in trouble.  Each industry will have specific challenges, so business owners will need to monitor employee turnover to determine if the layoffs are tied to financial cutbacks or some other strategic reason.  The bottom line is that businesses in financial distress are rarely happy, which means employee moral may be low and upper management may be on edge and stressed about job performance.

If a significant division of the company decides to leave or join a competitor, the company will need to reassess its profitability and whether it can sustain the loss of key employees or find others who can step into their roles within the company.  Either way, employee turnover is a signal of financial distress.

CHANGES IN THE MARKET

Small businesses need to be watching for any downturn in the economy.  It is not always as easy to see as a worldwide pandemic.  But, losing a critical customer or a principal supplier can adversely affect company sales.  Any of these factors combined with the appearance of a strong competitor or an unexpected shift in consumer spending habits could put serious pressure on a company’s revenues and profitability.

SOLVENCY

One of the key measures of a company’s viability is its solvency.  A business is solvent if it has enough assets to cover its liabilities.  Solvency is measured with a business ratio called the “current ratio’ that compares current assets (receivables, supplies and inventory) to current liabilities (taxes, payroll and monthly debt service).  The “current ratio” is supposed to be 2:1, meaning the value of a company’s current assets should be twice as much as its current liabilities.  If a company can maintain this ratio, it can handle emergencies and pay its bills over a short period of time.  Failure to maintain this ratio will likely lead a company into financial distress.

While it may seem obvious to measure financial distress by a lack of cash to operate the business, many warning signs are present well before a company is forced to shut its doors. Once a company finds itself in financial distress, it should develop a proper course of action to address the issues at hand.

If you are struggling to pay your debts and concerned about the future welfare for you and your family, it is important that you seek the advice of a bankruptcy lawyer to ensure that your assets are protected and the debts you seek to eliminate are dischargeable.  Our attorneys have been assisting consumers and business owners with bankruptcy matters for over 25 years.  If you are considering filing for bankruptcy, please consider contacting the Nomberg Law Firm.  Our office number is 205-395-0532.

---

Steven D. Altmann has been a lawyer for more than 25 years. Steve has earned an AV rating from Martindale-Hubbell’s peer-review rating and was recently named a Super Lawyer and Top Attorney by Birmingham Magazine in the area of Bankruptcy Law.

We are a Federal Debt Relief Agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/distress-signals-that-your-business-is-in-trouble/