You might have a case, so let’s video-chat

Have you been injured?  Do you have a question about a potential claim? Despite the COVID-19 precautions, Patch & FitzGerald is fully staffed and available for you, using the latest telecommunications options.

You may not be able to sit down in front of us in person, but videoconferencing is almost the same thing. And, rest assured that you will be chatting with one of our highly trained staff paralegals or attorneys, not a call center in the Midwest or offshore. Call Patch & FitzGerald when you need hard-fought winning results, not fluffy promises. Reach us at 603-647-2600.

Patch & FitzGerald:  Relentless Advocates, Winning Results.    

Checklist for Hiring a Personal Injury or Workers Compensation Attorney

Choosing an attorney to handle your personal injury case is one of the most critically important decisions you will ever make, but one that is often made at a time of terrible distress and conflicting advice.  In the hopes that you will never need to take advantage of these tips, the team at Patch & FitzGerald has compiled the following guidelines to assist you.

REPUTATION

The reputation of the law firm or attorney is of paramount importance.  You want to have an attorney who is credible, capable and able to get opposing counsel to the table with offers that reflect the reality of your damages.  You want an attorney whose reputation is one that makes opposing counsel or the insurance companies sit up and take notice.  You want an advocate, a smart, successful warrior who will fight for your best interests.

EXPERIENCE

Your best bet for good representation is an attorney with decades of experience in the field.  Not months or a few years.  You will have a significantly better outcome being represented by an experienced, smart attorney who knows how to maneuver through the system, who knows what will and won’t work.  You want a seasoned strategist leading your fight, not someone who is learning the ropes.  And that takes years of practice.

RECOGNITION, REVIEWS, AND RECOMMENDATIONS

Personal recommendations from friends, family or colleagues are always a good place to start.  But recognition of an attorney’s skills and achievements by professional legal organizations and peers are also an important indicator of skills and capabilities.  Look for notices of achievement by credible organizations such as Martindale Hubbel, Avvo, or the American Institute of Personal Injury Attorneys.  And don’t be fooled by the organizations that rate attorneys by age:  being in the “Top 50 under 40” category just means you might have potential, but don’t have experience.

CHECK FOR DISCIPLINARY ACTIONS OR TAX LIENS

An important point of evaluation should be that the attorney you are considering has not been found guilty of professional misconduct.  An easy way to check is to go to the  Attorney Discipline System page of the NH Supreme Court (nhattyreg.org) and type in the attorney’s last name. 

We also recommend that you check that there are no outstanding tax liens on the attorney or firm.  Attorneys under financial pressure from the IRS may be more likely to take a quick settlement in your case, to generate income for their office, rather than to hold out and fight for a larger settlement that could take more time and be better for you in the long run.  Because tax liens are filed at the county level, check the county where the attorney has his office, and the neighboring counties as well, since occasionally someone may practice in one county but reside in another.  IRS tax liens that are filed at the county level are public information, available online. Simply type NHDeeds.com into your browser, select the county, and click AVA search.  Just type in the last name of the attorney (s) to make sure you are dealing with someone whose first interest is in your case, not settling their own IRS matters. 

Finally, having conducted your own research, we hope you will contact us at Patch & FitzGerald (603-647-2600) and let our experience, integrity and tenacity win for you and your family. Patch & FitzGerald:  Relentless Advocates, Winning Results.

IRS ISSUES STANDARD MILEAGE RATES FOR 2020

Effective January 1, 2020, the standard mileage reimbursement rate for transportation expenses as set by the IRS will be 57.5 per mile (down from .58 cents in 2019). This new rate applies to reimbursement payable under RSA 281-A: 23 Medical, Hospital & Remedial Care.

The New Hampshire Department of Labor generally adjusts this rate on January 1 of each year.

Workers’ Compensation Carriers should use this rate for reimbursement for eligible Workers’ Compensation travel expenses incurred on or after January 1, 2020.

Below is the mileage reimbursement rates since 2005.

Call Patch & FitzGerald For Your Worker’s Comp Injuries

If you have been injured in a workplace accident and want to seek compensation for your injuries, the attorneys at Patch & FitzGerald are here for you. In New Hampshire, they are the top choice for worker’s compensation and personal injury claims. With decades of experience, they understand what it takes to win a claim and do all the work so that you can focus on what matters most, healing.

To schedule a free case evaluation, call 603-647-2600 or contact us online today.

Independent Medical Exam: What Is It?

After sustaining an injury in an accident, it is understandable if you feel as if you have been poked and prodded enough to last you a lifetime; however, when it comes to your independent medical examination (IME), for the sake of your personal injury or workers’ compensation case it is essential that you keep this appointment. The results of your IME can help you build a solid personal injury case. When it comes to workers’ compensation, your IME results help determine whether you receive a lump sum of money for your injuries.

What Is An Independent Medical Examination (IME)?

An IME is an examination that is performed by a physician who is alleged to be impartial to the case or insurance claim. Typically, independent medical exams are associated with workers’ compensation; however, they are also used in personal injury cases. The goal is for the IME doctor to provide his or her unbiased medical opinion as to the individual’s current medical condition and future prognosis, as it relates to the injury(ies) sustained.

Preparing to Have an IME

Prior to your appointment, you will meet with your attorney so as to go over what you should expect during your independent medical examination.

10 Tips to Help You During Your IME

1. Dress Appropriately

Avoid wearing clothing that makes it look like you have been out engaging in physical activities that your injury would prevent you from participating in. Even if you are just wearing these clothes to be comfortable, it could raise suspicion.

2. Arrive 30 Minutes Early

Unless paperwork was sent to you ahead of time, you never know how many forms you will need to fill out. If your injuries relate to your head, neck, shoulder, arm or hand, it could take you longer than expected to complete the paperwork at the office.

3. Consider Bringing A Copy of Your Medical History With You

There will be a lot of forms to fill out that ask about your medical history. If you have a relatively long history, consider typing it up and making copies to hand out to your physicians. This is much easier than filling out the paperwork when you have extensive medical information to provide.

Most physicians do not mind placing a copy in your file. The information you need to provide includes current medications — both over the counter and prescription, surgical procedures, ongoing medical conditions (e.g., diabetes, high blood pressure, etc.).

4. Be Honest About Your Injury

You are about to be evaluated for your injury. Answer the questions truthfully, without exaggerating. Doctors can usually tell when patients are lying and if additional test are run, it could reveal that you are not being truthful, which puts your case in jeopardy. If you are untruthful in the hopes of attaining more money, you could actually get less because you damaged your credibility.

5. If You Have Previous Injuries, Be Sure You Know How to Address These

Part of an IME physician’s job is to determine how much the new injury has aggravated any past injuries you have. Be honest with the physician and avoid exaggerating. Tell the doctor about any new symptoms that have started since you sustained the injury for which you are being evaluated. Talk about the limitations, pain and sensations you are experiencing now that you were not having before.

6. If a Treatment is Working, Admit It

Some patients are hesitant to say that they are feeling better or to say a treatment is helping. They are afraid that saying a treatment is helping will damage their case; however, claiming that nothing is helping relieve your pain can actually hurt your case, honesty is always the best policy.

7. Tell the Doctor Everything

Be sure to tell your IME doctor the entire story of your injury. The story should be consistent with the one that was provided in your claim as well as the one that is in your medical records. Any inconsistency could damage your credibility.

8. Tell the Doctor When You Are in Pain, Avoid Exaggeration

Most physicians ask patients to rate their pain on a scale of 1 to 10, with 10 being the highest. Rating your pain a 10 is probably not a good idea, especially because 10 is usually meant for people who feel as if they need to head for the hospital because of the amount of pain they are in. If you do say 10, the physician may think you are either attempting to mislead or you cannot assess your pain level accurately.

9. Do Not Talk About Your Workers’ Compensation or Personal Injury Case

Even if the physician brings up your case, mention that you have hired an attorney and then change the topic. Avoid talking about other parts of your case, if you make negative comments about the other side, you could hurt your case.

10. Stay Positive and Have Goals

Do not present yourself as someone who is in despair or self-pitying, emphasize to the doctor that you are willing to do whatever it takes to get better. In addition, make it clear that you look forward to returning to work. These things will be written in your report, which makes you more likable while it is being read by others.

NH Worker’s Compensation Law

Under RSA 281-A:38 & 39, failure of the employee to attend an independent medical examination (IME) or obstruct that examination shall result in the suspension of your weekly indemnity benefits until the examination has taken place and no compensation shall be payable during and for such period.

The employee can be scheduled to attend no more than two IME’s per year.

The IME must take place within a 50-mile radius of the employee’s home unless approved by the Department of Labor.

The Independent Medical Examination Report

Once the IME is complete, all parties have the right to review the report. In the introductory section, there will be some basic descriptive data as well as a summary of the doctor’s conclusions. The report will also describe the conversation that occurred between the examiner and the patient. The doctor’s findings will be documented (in detail) and the diagnosis/prognosis will be given.

Whenever you are considering filing a personal injury lawsuit, it always pays to talk to an experienced attorney. Your case is much more likely to be successful if you work with an attorney you trust.

Call us today for a free, confidential consultation and case evaluation. Let our experience work for you. 603-647-2600.

John B. FitzGerald, III Receives 2019 10 Best Workers’ Compensation Attorney Award

Patch & FitzGerald is proud to announce that The American Institute of Personal Injury Attorneys has named John B. FitzGerald, III as a 2019 10 Best Workers’ Compensation Attorney.

If you have sustained an injury while working, you should contact an attorney who has experience in workers’ compensation and third-party claims in New Hampshire. Patch & FitzGerald handles Workers’ Compensation and Personal Injury claims. Please feel free to call us at 603-647-2600. Always a free initial consultation.

7 THINGS NH EMPLOYERS NEED TO KNOW ABOUT WORKERS’ COMPENSATION

EMPLOYER FACT SHEET

1.         Insurance Coverage – Have it for your employees; even family members and part-time employees need to be covered.

2.       File A First Report – File a First Report of Injury form (8WC) within five (5) days of notification of an injury.

3.       First Aid Treatment — One-time treatment less than $2,000.00; you may pay, but you must file First Report with the NH-DOL and no need to file with your carrier.

4.       Communicate with the adjuster – advise the adjuster handling your employee’s claim:

          a.       Advise them of any extenuating circumstances.

          b.       Provide names of witnesses.

          c.       Advise the adjuster that you have a light-duty program.

5.       Reinstatement Laws  –  an If you have five or more employees and the injured employee is released to return to work within 18 months of the injury by their treating physician, then you must reinstate that employee to their former position.

6.       Light Duty — An employer with 5 or more employees, you must offer temporary alternative duty.

7.       Job Modification Reimbursement – The job modification provision provides for reimbursement of 1/2 of the cost of a job modification up to $5000 per year per employer. There does not have to be any lost time,          (revised 11-15-18), but there does have to be a First Report on file, and the application must have prior approval.

PROPERLY INSTALLED CAR SEATS PREVENT INJURY

ACCORDING TO CDC CHILD PASSENGER SAFETY, MOTOR VEHICLE INJURIES ARE A LEADING CAUSE OF DEATH AMONG CHILDREN IN THE UNITED STATES. BUT MANY OF THESE DEATHS CAN BE PREVENTED.

• In the United States, 663 children ages 12 years and younger died as occupants in motor vehicle crashes during 2015,4 and more than 121,350 were injured in 2014.

• One CDC study found that, in one year, more than 618,000 children ages 0-12 rode in vehicles without the use of a child safety seat or booster seat or a seat belt at least some of the time.5

• Of the children ages 12 years and younger who died in a crash in 2015 (for which restraint use was known), 35% were not buckled up.

• If the insurance company has “trouble remembering” that they’re supposed to cover the replacement of the car seats, show them the instruction manual to your child’s car seat where it states that the seat should not be re-used after a crash. If you don’t have the instruction manual, you can usually download one online or call the manufacturer.

• It should be noted that most car seat manufactures require child car seats to be replaced after ANY accident, even if the car seat was unoccupied. The pressure on the shell from the latch strap/vehicle seatbelt and the strain on the harness if a child was in the seat can make the seat unable to properly restrain a child in the future.

You can find some  great tips by following this link on how to properly install a car seat.

Construction’s “Fatal Four”

Construction workers build our roads, houses, and repair and maintain our nation’s physical infrastructure. This work includes many hazardous tasks and conditions. Construction workers incur the most fatal injuries of any industry in the private sector.

Out of 4,674 worker fatalities in private industry in the calendar year 2017, 971 or 20.7% were in construction — that is, one in five worker deaths last year were in construction. The leading causes of private sector worker deaths (excluding highway collisions) in the construction industry were falls, followed by struck by an object, electrocution, and caught-in/between. These “Fatal Four” were responsible for more than half (59.9%) the construction worker deaths in 2017, BLS reports. Eliminating the Fatal Four would save 582 workers’ lives in America every year.

• Falls – 381 out of 971 total deaths in construction in CY 2017 (39.2%)

• Struck by Object – 80 (8.2%)

• Electrocutions – 71 (7.3%)

• Caught-in/between* – 50 (5.1%)
  (*This category includes construction workers killed when caught-in or compressed by equipment or objects, and struck, caught, or crushed in collapsing structure, equipment, or material)

Top 10 most frequently cited OSHA standards violated in FY 2018

The following were the top 10 most frequently cited standards by Federal OSHA in the fiscal year 2018 (October 1, 2017, through September 30, 2018):

1. Fall protection, construction (29 CFR 1926.501) [related OSHA Safety and Health Topics page]

2. Hazard communication standard, general industry (29 CFR 1910.1200) [related OSHA Safety and Health Topics page]]

3. Scaffolding, general requirements, construction (29 CFR 1926.451) [related OSHA Safety and Health Topics page]

4. Respiratory protection, general industry (29 CFR 1910.134) [related OSHA Safety and Health Topics page]

5. Control of hazardous energy (lockout/tagout), general industry (29 CFR 1910.147) [related OSHA Safety and Health Topics page]

6. Ladders, construction (29 CFR 1926.1053) [related OSHA Safety and Health Topics page]

7. Powered industrial trucks, general industry (29 CFR 1910.178) [related OSHA Safety and Health Topics page]

8. Fall Protection–Training Requirements (29 CFR 1926.503) [related OSHA Safety and Health Topics page]

9. Machinery and Machine Guarding, general requirements (29 CFR 1910.212) [related OSHA Safety and Health Topics page]

10. Eye and Face Protection (29 CFR 1926.102) [related OSHA Safety and Health Topics page]

85 MILLION NICE DOGS, keep in mind any dog can bite!

Every year, almost 5 million people are bitten by dogs…., and most of those bitten are children, followed by senior citizens. Preventing dog bites is everyone’s responsibility, and simple measures can be very effective.

Please keep in mind that any dog can bite. From the smallest to the largest, even the friendliest, cute, and easy-going dogs might bite if provoked. Most dog bites are from a dog known to the person—their pet, a neighbor’s, or a friend’s.

It has long been considered that dogs are a man’s best friend, leading to dogs being considered friendly, loving family members. According to an article presented in May 2016 by the Insurance Information Institute (I.I.I.) titled ‘Dog Bit Liability,’ it is estimated that about 77.8 million dogs are owned as pets in the United States according to a 2015/2016 survey carried out by the American Products Association. It is also estimated that about 4.5 million people are bitten by dogs each year, with about 885,000 requiring medical attention for these injuries, half of which are estimated to be children, according to a report by the Centers for Disease Control and Prevention (CDC). In 2011, it was estimated that dog bites accounted for over one-third of all homeowner’s insurance liability claims, costing up to about $479 million, with State Farm Mutual Automobile Insurance Company, the most prominent writer of homeowners’ insurance in the U.S., paying out more than $109 million as a result of its nearly 3,800 dog bite claims in 2011 alone.

It is, therefore, the owner’s responsibility to ensure they can train and control their dogs. Dog owners should also be aware that they are solely responsible for the actions of their dogs and are subject to liabilities in the event of any attacks, bites, or property damage. In most states in the U.S., dog owners are free of liabilities resulting from losses incurred by trespassers attacked and injured by dogs.

New Hampshire’s “strict liability” dog bite law holds dog owners responsible for injuries their dogs inflict in various situations. The law is about canine-inflicted injuries more favorable to victims than most other states. It covers any cause of damage by a dog and applies to injuries to not only humans but also any property, including another dog or cat.
To help protect yourself from all liabilities resulting from dog ownership, dog owners must take the necessary precautions to ensure additional costs are not incurred. The ASPA has safety tips for both parents and pet parents, http://www.aspca.org/pet-care/dog-care/dog-bite-prevention and the DMVA also has helpful information www.avma.org/public/Pages/Dog-Bite-Prevention.aspx.

Apart from taking these precautions, it is also recommended that dog owners ensure they have vaccinated their dogs, have a rabies certificate, and are registered as dog owners are required by New Hampshire law.

466:1-a Vaccination Required.
Before a license is issued under the provisions of this subdivision, the owner or keeper of a dog shall furnish to the clerk verification from a licensed veterinarian that the dog has been vaccinated against rabies by the provisions of RSA 436. Persons applying for a group license under RSA 466:6 shall also furnish the clerk verification from a licensed veterinarian that the dogs have been vaccinated against rabies by RSA 436.
Notwithstanding paragraph I, if a valid rabies certificate is on file with the clerk by RSA 436:102, the owner shall not be required to produce such verification at the time of licensure.

466:1-b Rabies Certificate.
Upon receipt of a copy of a rabies certificate from a veterinarian according to RSA 436:102, the clerk of the town or city shall send a written notice to the owner or keeper of any unlicensed dog relative to the licensing requirements provided for in RSA 466:1. If the owner or keeper of the unlicensed dog fails to license the dog promptly, the town or city clerk shall notify the local law enforcement officer of a violation of RSA 466:1.

466:1-d Lists of Licensed Dog Owners.
Except as provided in paragraphs II and III and RSA 466:11 and RSA 466:14, no dog registration records, information, or lists shall be sold, rented, transferred, or otherwise made available in whole or in part, in any form or format, directly or indirectly, to another person.
Dog registration records, information, or lists may be made available under a court order or in response to a request from the state, a political subdivision of the state, the federal government, or a law enforcement agency solely for use in official business. The request shall be on a case-by-case basis. Any information, record, or list received under this paragraph shall not be transferred or otherwise made available to anyone else or listed entity not authorized under this paragraph, except as provided in RSA 466:13.

Without otherwise compromising the confidentiality of the files, nothing in this section shall prohibit a body or agency from releasing information relative to health or safety from investigative files on a limited basis to persons whose health or safety may be affected or to a person or agency attempting to provide for the welfare of an animal.

10 Most Common Workplace Injuries

1. Overexertion – This includes injuries related to pulling, lifting, pushing, holding, carrying, and throwing activities at work. Overexertion has consistently been a number one workplace injury among the surveys and statistics.

2. Fall on Same Level Surfaces – This pertains to falls on wet and slippery office floors. Other related examples are falls and slips especially by elderly people in snow-covered parking lots.

3. Fall to Lower Level – This type of fall happens from an elevated area such as roofs, ladders, and stairways.

4. Bodily Reaction – These are injuries caused by slipping and tripping without falling.

5. Struck by Object – Objects that fall from shelves or dropped by another person. These can cause very serious injuries.

6. Struck against an Object – This happens when a person accidentally runs into concrete objects such as walls, doors, cabinets, glass windows, table, chairs etc.

7. Highway Incident – Transportation used for business purposes such as trucks and cars may be involved in an automobile accident just like any regular traveler.

8. Caught In/ Compressed By – This type of injury usually occurs in a factory where large and dangerous machinery is used. Sometimes little or no precaution in its usage may endanger the safety of its operators. Exposure to extreme temperature is also an example of this workplace injury.

9. Repetitive Motion – This type of workplace injury is one of those less obvious but definitely harmful ones in the long run. Repetitive motions such as typing and using the computer 24/7 can strain muscles and tendons causing back pain, vision problems, and carpal tunnel syndrome.

10. Assaults and Violent Acts – Attacks caused by office politics and other arguments have led to serious physical injuries.

If your injury or illness requires it, you should seek medical care immediately!

The most important thing for an employee to know is that you should report the injury immediately to a supervisor, in writing if possible.

As an employee employed in New Hampshire sustaining an at-work injury, you have certain rights. Go to the applicable link “Injured Employee Benefits” for more information.  https://www.nh.gov/labor/workers-comp/workplace-injuries.htm  Or you can call (603) 271-3176 to speak to someone directly at the Department of Labor regarding subject matter pertaining to Workplace Injuries.