QUESTIONS WE GET ASKED
Q: I can’t work because I’m sick or hurt, and my job sent me paperwork to apply for FMLA. I’m not sure if I should get workers’ comp, FMLA, or what. What should I do? A: A couple of things here are important. Usually when people tell us they’ve applied for FMLA or their company is putting their benefits under FMLA, they mean they have applied for short-term or long-term disability. Many companies have short-term and long-term disability plans — disability insurance policies usually governed by a federal law called ERISA, which should provide benefits if you are disabled because of an injury or medical condition and you can’t work. There are a few key things to keep in mind. First, there are strict timelines to appeal if your claim is denied. Second, there are a lot of conditions and exclusions in these policies. You may be required to file for Social Security disability benefits, you may be excluded if you can get workers’ comp benefits instead, and certain medical conditions may be excluded. Workers’ comp is a different system altogether for injuries at work. It has its own requirements under the law, but it’s very different compared to short- or long-term disability. So, what is that? Bad weather, impaired motorists, distracted drivers, reindeer — during the holiday season, there are tons of hazards on the Beltway, Interstates 270 and 66, and all over the city. Try as we might to avoid an accident, sadly, we can’t always control this aspect of our lives. So, if a driver isn’t following the rules of the road and causes an accident, here are five tips: GET THE MEDICAL TREATMENT YOU NEED With any serious accident, get checked out at the hospital and follow up with a doctor. You should always let a medical professional make sure you didn’t sustain any injuries that could appear later or may be worse than they seem. CALL THE POLICE At the same time, you should also make sure the police are on the scene right away. When they question you about the accident, don’t speculate on what happened. Tell them the facts, and let those speak for themselves. Make sure to get a copy of the police report for the accident as well. GET THE OTHER DRIVER’S INFO Always get the other drivers’ insurance information as soon as you can. If the facts make it apparent they’re at fault for the accident, you’ll want to call their insurance provider and get fair compensation for any damage to your vehicle and any injuries you sustain.
But the No. 1 key thing to remember is that the HR department at your job doesn’t know all the differences or what will be best for you — even though they may like you and mean well. So, call us and let us walk you through it and get it straight. We handle all types of insurance and injury cases, so we understand how one type of case may affect the other.
WHAT IF GRANDMA GETS RUN OVER BY A REINDEER? DON’T LET AN ACCIDENT RUIN YOUR HOLIDAYS
DOCUMENT EVERYTHING If you have your smartphone with you, take pictures of the scene: where the accident happened, the positions of the vehicles involved, and any other important factors. If there were any witnesses, get statements from them about what they saw and their contact info. This information will come in handy if the driver who hit you changes his story. CALL DONAHOE KEARNEY, LLP Let us be your go-to resource for what to do following a serious auto accident. Call us at (202) 393-3320, or email us at clientexperience@ dkllp.com if you have any questions or concerns, and ask about our free e-book, “The Ultimate Guide to Accident Cases In The DC Metro Area.” Whatever happens after the accident, don’t worry — we’ll steer you in the right direction. And we have it on good authority that Santa’s reindeer don’t carry insurance — so make sure you have uninsured/underinsured motorist coverage in your stocking this year!
202.393.3320 • 3
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