Remote Working and Potential Violations of the Fair Labor Standards Act
Introduction: The advent of remote working has brought about significant changes to the traditional workplace dynamic. With the increasing prevalence of remote work arrangements, it is essential to consider the potential implications for labor laws and regulations. One notable concern is the potential for violations of the Fair Labor Standards Act (FLSA), a key piece of Federal legislation designed to protect workers’ rights. This article explores the challenges and potential violations that may arise in the context of remote work and how employers and employees can ensure compliance with the FLSA.
1. Misclassification of Employees: One of the primary areas where violations of the FLSA can occur in remote work arrangements is the misclassification of employees. Employers must correctly classify workers as either employees or independent contractors, as this determination significantly affects their entitlement to certain labor protections. Misclassifying employees as independent contractors can lead to violations of the FLSA, as independent contractors are exempt from many of the act’s provisions.
2. Overtime and Compensation: Another area of concern in remote work is ensuring proper compensation for overtime hours worked. Under the FLSA, non-exempt employees are entitled to receive overtime pay at a rate of at least one and a half times their regular hourly wage for any hours worked beyond 40 hours in a workweek. The challenge with remote work is accurately tracking and recording employees’ hours, particularly when they have flexible schedules or engage in off-the-clock work. Failure to accurately account for and compensate for overtime can result in FLSA violations.
3. Off-the-Clock Work: Remote work may blur the boundaries between work and personal life, leading to potential violations of the FLSA’s regulations regarding off-the-clock work. Employers must ensure that employees are not performing work-related tasks outside their designated work hours without proper compensation. Answering work emails or attending virtual meetings after hours, for example, should be considered as work time and compensated accordingly to comply with the FLSA.
4. Meal and Rest Breaks: The FLSA mandates that employers provide meal and rest breaks to non-exempt employees. However, remote work arrangements may lead to challenges in ensuring that employees are taking appropriate breaks. Employers must communicate clear policies to remote workers regarding their entitlement to breaks and provide mechanisms for tracking and documenting these breaks. Failure to provide employees with adequate breaks can result in FLSA violations.
5. Record keeping: Accurate record keeping is crucial for FLSA compliance, but it becomes more challenging in remote work scenarios. Employers must etablish robust systems to track employees’ work hours, breaks, and any other relevant information to ensure compliance with the FLSA. Proper record keeping helps resolve disputes and provides evidence of compliance in case of an audit or investigation.
Conclusion: While remote work offers numerous benefits for both employees and employers, it is important to address the potential violations of the Fair Labor Standards Act that may arise. Employers must ensure that remote workers are properly classified, accurately compensated for overtime, not performing off-the-clock work, provided with adequate breaks, and maintain thorough record keeping. By addressing these concerns, employers can navigate the complexities of remote work while upholding their legal obligations under the FLSA, ensuring fair treatment of employees, and mitigating the risk of labor law violations. If you believe your employer may not be fully compensating you for your time, call Mark Wolfe at 251 410-7761 or send an email to mark@brwlawyers.com and put “employment compensation?” in the subject line.
REQUIRED DISCLAIMERS: Alabama Rule of Professional Conduct 7.2: No representation is made that the quality of legal service to be performed is greater than the services provided by other lawyers. The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements. Free background information is available upon request to a Mississippi attorney. The listing of any area of practice by a Mississippi attorney does not indicate any certification of expertise therein. See Mississippi Rules of Professional Conduct Rule 7.2(d), Rule 7.4(a), Rule 7.6(a) (1997). Statement in compliance with Florida Bar Advertising Rules: “The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. [Florida Rule 4-7.2(d)]. General Disclaimer: This information is posted for general information purposes to help those interested parties or persons with potential civil claims better understand their rights and potential causes of action. If readers are currently represented by an attorney on the subject matter of this post then they are encouraged to continue with said representation. No attorney-client relationship is established by this post. The above article was written with the assistance of ChatGPT.
Per- and polyfluoroalkyl substances (PFAS) are a group of man-made chemicals that have been used in industry and consumer products worldwide since the 1950s. They are found in m
The EPA has not established national drinking water regulations for PFAS. However, in 2022 the EPA revised its health advisory to conclude that some negative health effects may occur with concentrations of PFAs substances in water that are below the EPA’s ability to detect at this time. The lower the level of PFAs substances, the lower the risk to public health. For information regarding Alabama Department of Environmental Management’s recent testing of the state’s water supply: https://adem.alabama.gov/programs/water/drinkingwater/files/AllPFASResults.pdf
Numerous lawsuits have been filed against PFAs manufacturers. The U.S. Judicial Panel on Multidistrict Litigation has consolidated and centralized these lawsuits in an MDL (Multidistrict Litigatio
n), and appointed U.S. District Judge Richard M. Gergel to preside over coordinated discovery and pretrial proceedings out of the District of South Carolina. You may be eligible to file a lawsuit for PFAs exposure. Currently, Boteler Richardson Wolfe is representing clients who:
Received a diagnosis of testicular or kidney cancer since 2000.
Drank from a contaminated water supply from 1990 to present for over six months. (Each claimant must be able to establish exposure to the contaminated water supply).
If you have any questions regarding your eligibility, call us @ 251.433.7766.
REQUIRED DISCLAIMERS: Alabama Rule of Professional Conduct 7.2: No representation is made that the quality of legal service to be performed is greater than the services provided by other lawyers. The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements. Free background information is available upon request to a Mississippi attorney. The listing of any area of practice by a Mississippi attorney does not indicate any certification of expertise therein. See Mississippi Rules of Professional Conduct Rule 7.2(d), Rule 7.4(a), Rule 7.6(a) (1997). Statement in compliance with Florida Bar Advertising Rules: “The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. [Florida Rule 4-7.2(d)]. General Disclaimer: This information is posted for general information purposes to help those interested parties or persons with potential civil claims better understand their rights and potential causes of action. If readers are currently represented by an attorney on the subject matter of this post then they are encouraged to continue with said representation. No attorney-client relationship is established by this post.
A recent study by the National Institutes of Health found that women who used hair straightening products more than four times in the previous year were twice as likely to develop uterine cancer than those who did not use them. The study noted that approximately 60 percent of the participants who reported using straighteners in the previous year were self-identified Black women. The researchers did not collect information on brands or ingredients in the hair products the women used. However, they noted the presence of several chemicals found in straighteners (such as parabens, phthalates, bisphenol A, metals and formaldehyde) that could be contributing to the increased uterine cancer risk observed. “We estimated that 1.64% of women who never used hair straighteners would go on to develop uterine cancer by the age of 70; but for frequent users, that risk goes up to 4.05%,” said Alexandra White, PhD, head of the NIEHS Environment and Cancer Epidemiology group and lead author of the study.
Soon after the study was released, many users of the hair relaxer products filed lawsuits against the manufacturers such as L’Oreal and Revlon throughout the county. Several of these lawsuits have noted that the risks of developing cancer are more substantial among Black women, who make up the overwhelming majority of consumers of hair relaxing products. The U.S. Judicial Panel on Multidistrict Litigation decided earlier this year to consolidate and centralize all hair relaxer cancer lawsuits in an MDL (Multidistrict Litigation), and appointed U.S. District Judge Mary M. Rowland to preside over coordinated discovery and pretrial proceedings out of the Northern District of Illinois.
Boteler Richardson Wolfe is pursuing product liability claims to file in the North District of Illinois against hair straightener and hair relaxer manufacturers. If you used a hair straightener and/or relaxer products and have received a diagnosis of uterine cancer or ovarian cancer, you may have a potential claim. Please call us at 251.433.7766 for a free consultation.
REQUIRED DISCLAIMERS: Alabama Rule of Professional Conduct 7.2: No representation is made that the quality of legal service to be performed is greater than the services provided by other lawyers. The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements. Free background information is available upon request to a Mississippi attorney. The listing of any area of practice by a Mississippi attorney does not indicate any certification of expertise therein. See Mississippi Rules of Professional Conduct Rule 7.2(d), Rule 7.4(a), Rule 7.6(a) (1997). Statement in compliance with Florida Bar Advertising Rules: “The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. [Florida Rule 4-7.2(d)]. General Disclaimer: This information is posted for general information purposes to help those interested parties or persons with potential civil claims better understand their rights and potential causes of action. If readers are currently represented by an attorney on the subject matter of this post then they are encouraged to continue with said representation. No attorney-client relationship is established by this post.
BRW attorney Mark Wolfe recently helped a client that had her auto-crash claim turned down by a law firm that advertises heavily on TV and billboards. Ms. B. had called the TV law firm right after her crash. A man had run a stop sign and hit her car. She suffered injuries to her foot and ankle as well as bruises to her chest from the seat belt and she had a neck strain. The TV law firm declined her potential claim because the accident report stated the at-fault driver did not have liability insurance. Also, it appeared that Ms B. did not have uninsured motorist coverage* for her auto-policy on her car. On the recommendation of a friend, Ms. B. contacted Mark Wolfe who conducted an insurance coverage investigation. He was able to locate coverage for Ms. B.’s injury claim and prosecuted the claim on her behalf. Wolfe, stated, “because some of the TV law firms work on such a high volume of potential cases through their intake centers, they miss or do not have time to dig a little deeper to try and find coverage.” He went on to say, “TV lawyers and law firms certainly have a place in our legal community and they can be a good option for smaller or less complex claims and cases, but sometimes their intake protocol and review procedures don’t fit every matter.” As Ms. B. found out, sometimes it pays to get a second legal opinion on your claim or case!
If you have a personal injury matter and would like a free consultation with Mark Wolfe or any of the BRW lawyers, please call Mark today at 251 410-7761 or text him at 251 533-9548. Consultations are free and our lawyers are licensed to practice in Alabama, Mississippi, Florida and Georgia.
*Ala Code Section 32-7-23 requires all policies of automobile insurance sold in Alabama to provide uninsured motorist (UM) coverage UNLESS it is specifically rejected in writing on the application. Without the noted rejection of UM coverage, it will be afforded.
REQUIRED DISCLAIMERS: Alabama Rule of Professional Conduct 7.2: No representation is made that the quality of legal service to be performed is greater than the services provided by other lawyers. The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements. Free background information is available upon request to a Mississippi attorney. The listing of any area of practice by a Mississippi attorney does not indicate any certification of expertise therein. See Mississippi Rules of Professional Conduct Rule 7.2(d), Rule 7.4(a), Rule 7.6(a) (1997). Statement in compliance with Florida Bar Advertising Rules: “The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. [Florida Rule 4-7.2(d)]. General Disclaimer: This information is posted for general information purposes to help those interested parties or persons with potential civil claims better understand their rights and potential causes of action. If readers are currently represented by an attorney on the subject matter of this post then they are encouraged to continue with said representation. No attorney-client relationship is established by this post.
[A portion of this article was auto-generated by Chat GTP] If you were denied life insurance benefits, the first thing you should do is find out why. You should receive a letter from the insurance company explaining the reason for the denial. If not, request a written explanation. This should be done in writing and should always include the policy number, the decedent’s name and his or her date of birth and date of death. Common reasons for denial include inaccurate or incomplete application information, a pre-existing medical condition, or risky behavior such as smoking or extreme sports.
Once you understand the reason for the denial, you can take action to try and appeal the decision. Here are some steps you can take:
Review your policy: Read the policy carefully and make sure you understand the terms and conditions. Make sure the insurance company followed the proper procedures and complied with the terms of the policy.
Contact the insurance company: Call the insurance company and ask for a detailed explanation of why your claim was denied. You may also want to ask for a copy of your policy and any other relevant documents.
Once you know the insurance company’s reason for denying the benefits, consult with an experienced life insurance benefit attorney as soon as possible. Most experienced life insurance benefit attorneys provide free consultations. An attorney with experience handling life insurance benefit claims can review and analyze the basis for denial and determine if you have a viable claim for benefits. This may include an appeal of the denial with the insurance company or a lawsuit against the company. IMPORTANT NOTE: Some life insurance policies have very strict time limits for an appeal and require an appeal be submitted before a lawsuit can be filed. The appeal process may have very technical legal compliance requirements. Failure to comply with these requirements may prohibit further legal action.
If you have been denied life insurance benefits and would like a free legal consultation with an experienced life insurance attorney, contact Mark Wolfe today at 251 410-7761 or text him at 251 533-9548. Consultations are free and our lawyers are licensed to practice in Alabama, Mississippi, Florida and Georgia. Mark has also worked with associated attorneys on life insurance claims in many States.
REQUIRED DISCLAIMERS: Alabama Rule of Professional Conduct 7.2: No representation is made that the quality of legal service to be performed is greater than the services provided by other lawyers. The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements. Free background information is available upon request to a Mississippi attorney. The listing of any area of practice by a Mississippi attorney does not indicate any certification of expertise therein. See Mississippi Rules of Professional Conduct Rule 7.2(d), Rule 7.4(a), Rule 7.6(a) (1997). Statement in compliance with Florida Bar Advertising Rules: “The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. [Florida Rule 4-7.2(d)]. General Disclaimer: This information is posted for general information purposes to help those interested parties or persons with potential civil claims better understand their rights and potential causes of action. If readers are currently represented by an attorney on the subject matter of this post then they are encouraged to continue with said representation. No attorney-client relationship is established by this post.
GETTING FULL VALUE FOR YOUR PERSONAL INJURY CLAIM
by Attorney Mark Wolfe
mark@brwlawyers.com
Most people who have a personal injury claim from a car accident or a slip and fall have no idea how the insurance company analyzes that claim to determine how much money it should pay as compensation. Regrettably, many attorneys do not know this information either. This lack of knowledge often results in settlements that are not reflective of the full value of the claim.
There are two primary areas for evaluation and assessment of the value of a personal injury claim. These are liability and the injuries that are claimed to have been suffered. But before the adjuster begins the analysis of these two areas, the first thing to be determined is coverage. That is, was the at-fault party’s coverage in effect at the time of the incident and/or is the claim a “covered loss” under the policy.
If the claim is determined to be covered under the policy, the next step is to determine liability. That is was the insurance company’s customer responsible for the accident or the incident and are there any viable defenses to the liability claim such as contributory negligence by the claimant. If the claim can not be denied based upon the liability analysis then the next question for the insurance company to answer is “how much money should we pay on this claim?” This is where understanding the personal injury claim “valuation” process is critical for claimants and their attorneys!.
Every major insurance company that provides liability coverage to its customers now uses a Computer Assisted Claim Evaluation (CACE) program to assess and determine the “value” of a personal injury claim. Understanding how these programs work is critical in assuring full value for a claim. These programs have been around for over 30 years and are always being refined and “improved.” Data and information is input into the program and the program establishes a “value” for the claim. Every company has rules and guidelines for their adjusters on how much they can deviate from the CACE valuation. These programs can analyze and assess hundreds of data points. These data points are commonly called “value drivers” and they can either be positive, meaning higher value, or negative, meaning lower value. These value drivers are applied to pre-set parameters or concepts and can include hundreds of data points for consideration.
The most common and fundamental value drivers for a personal injury claim are the treating doctor’s diagnostic code(ICD) and treatment code (CPT). See: https://www.simplepractice.com/blog/icd-codes-and-cpt-codes/ for a more detailed explanation of these codes. But these codes only establish a “baseline” for evaluation and many other value drivers are analyzed by CACE programs to arrive at a final evaluation. The following example will clarify how these value drivers work and how insurance companies are constantly refining these programs.
Medications are a common value driver that are factored into the value of an injury claim. The CACE program will have a standard or anticipated “normal” medication level and duration for the CPT codes for an injury. The “value” of pain medication for the CACE program works under the pre-set parameter that the stronger the medication and the longer it was taken the more pain the claimant must have experienced. Therefore “pain and suffering” values are often correlated to the medication and usage data input by the adjuster with the ICD and CPT codes. Recently more and more insurance companies have “disconnected” the automatic pain medication value driver for certain injuries nor are they giving credit for medication simply because a medication or prescription is referenced in the medical records. Many CACE programs now require an actual receipt for the medication before the adjuster can input the medication into the CACE program for pain and suffering consideration. The insurance company’s logic is that just because a pain medication was prescribed does not mean it was taken. And if there is no proof the prescription was filled then the program defaults to an assumption it was not taken and then the computer assumes the claimant was not hurt bad enough to need the medication and therefore no enhancement for “pain and suffering” in the final evaluation. Also for example, if a pain medication had two refills but there is no proof of a refill the CACE program assumes the claimant was no longer having significant pain complaints so as to require the refills. Therefore the valuation is reflective of this assumption.
There are many other value drivers that can positively or negatively effect the insurance company’s evaluation of a personal injury claim. Issues such as a delay in care or inconsistency of care are “red flag” value drivers that quickly push down the insurance company’s evaluation. Yet often these negative value drivers can be nullified or eliminated with simple documentation or information. Some value drivers are subjective and require an adjuster to input his or her opinion about the claimant. One such value driver is “Claimant Veracity.” Insurance companies have many different ways to input this information but many use a simple numerical rating scale. “On a sale of one to five, rate the claimant’s honesty.” A strong veracity rating is important especially since many adjusters are trained to believe most injury claimants are faking or exaggerating their injury for monetary gain. Therefore they are often quick to assign a lower veracity rating to a claimant. Again, there are several simple things a claimant can do to insure a high veracity rating for the adjuster and the CACE program.
These simple examples show how complex the proper presentation of an injury claim can be. These programs are often the reason legitimate injury victims are under compensated when they try to handle their claim without a lawyer. Even if the claimant has a lawyer, he or she can still be under compensated if the attorney is not aware of how these programs and the “value drivers” can effect the settlement amount.
If you’ve been injured because of someone else’s carelessness or negligence, you deserve to get full compensation for your injuries. Yet the reality today is that the insurance companies use of Computer Assisted Claim Evaluation programs has made it difficult for victims to get full compensation on their own or with an attorney who does not fully understand the complexity of these programs. If you have a personal injury matter and would like a free consultation with Mark Wolfe or any of the BRW lawyers, please call Mark today at 251 410-7761 or text him at 251 533-9548. Consultations are free and our lawyers are licensed to practice in Alabama, Mississippi, Florida and Georgia.
REQUIRED DISCLAIMERS: Alabama Rule of Professional Conduct 7.2: No representation is made that the quality of legal service to be performed is greater than the services provided by other lawyers. The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements. Free background information is available upon request to a Mississippi attorney. The listing of any area of practice by a Mississippi attorney does not indicate any certification of expertise therein. See Mississippi Rules of Professional Conduct Rule 7.2(d), Rule 7.4(a), Rule 7.6(a) (1997). Statement in compliance with Florida Bar Advertising Rules: “The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. [Florida Rule 4-7.2(d)]. General Disclaimer: This information is posted for general information purposes to help those interested parties or persons with potential civil claims better understand their rights and potential causes of action. If readers are currently represented by an attorney on the subject matter of this post then they are encouraged to continue with said representation. No attorney-client relationship is established by this post.
What is the Camp Lejeune Justice Act? The Camp Lejeune Justice Act of 2022 is a proposed bill that will allow those harmed by exposure to toxic water supplies at Camp Lejeune from 1953-1987 to seek reparations and damages for harms they have suffered or may have suffered from exposure to the toxic water supply at Camp Lejeune, North Carolina. The bill passed the U.S. House of Representatives in March and passed the U.S. Senate on June 16, 2022. The Bill now awaits President Biden’s signature for enactment into law.
Why was the Camp Lejeune Justice Act Needed? Federal laws and North Carolina’s statute of repose prohibited service members or their families from making claims against the United States for injuries and damages suffered from the exposure to the toxic water supply. It has been estimated by the Department of Veterans Affairs that almost 900,000 service members along with their families were exposed to the contaminated water supply at Camp Lejeune.
How contaminated was the water at Camp Lejeune? The water supply at Camp Lejeune during the period between 1953 and 1987 was found to have contained a number of volatile organic chemicals (VOCs) at levels as high as 280 times the standard safety level for drinking water. The specific toxic chemicals detected in Camp Lejeune drinking water include trichloroethylene (TCE), tetrachloroethylene (also called perchloroethylene, or PCE), vinyl chloride, and benzene.
What illnesses or diseases have been linked to exposure to the contaminated drinking water at Camp Lejeune? Several years ago the Veterans Administration identified 8 diseases that were presumed to be caused by exposure to the contaminated drinking water at Camp Lejeune. This list included:
Because pregnant women and children were at highest risk for exposure it is suspected that various childhood cancers, breast cancer, miscarriages and various birth defects all may be attributable to exposure to the toxic water supply and Camp Lejeune. The list of additional diseases and damages which may be attributable to exposure to the contaminated water supply at Camp Lejeune continues to be expanded through ongoing medical research and studies.
Who qualifies to make a claim for damages from exposure to the contaminated drinking water at Camp Lejeune? Any service member or family of a service member that was exposed to the contaminated water supply at Camp Lejeune for more than 30 days from August 1, 1953 through December31, 1987 and who suffered one or more of the injuries or diseases associated with exposure is eligible to make a claim. The diseases and conditions associated with exposure to the contaminated water supply at Camp Lejeune are: Kidney cancer, liver cancer, bladder cancer, Non-Hodgkin’s lymphoma, Adult leukemia, multiple myeloma, Parkinson’s disease, aplastic anemia and other myelodysplastic syndromes (MDS cancers). Because pregnant women and children were at highest risk for exposure it is suspected that various childhood cancers, breast cancer, miscarriages and various birth defects all may be attributable to exposure to the toxic water supply and Camp Lejeune. The list of additional diseases and damages which may be attributable to exposure to the contaminated water supply at Camp Lejeune continues to be expanded through ongoing medical research and studies..
What’s the process for making a claim for damages for exposure to the contaminated drinking water at Camp Lejeune? A formal claim procedure has not yet been established but the bill will require that a claim be submitted to the appropriate Federal agency for consideration before a lawsuit can be filed. Any lawsuit that is filed must be in the Federal jurisdiction approved by the Bill.
When should a claim for damages from exposure to the contaminated water supply at Camp Lejeune be started? The Bill as currently approved by the House allows 2 years from the date of enactment to bring a claim and an additional 180 days after the claim is denied to file a lawsuit for damages.
Do I need to hire an attorney to help me with my claim for damages for exposure to the contaminated water supply at Camp Lejeune? From a practical stand point the answer to this question is YES! Navigating the Federal Tort Claims Act, complying with the burden of proof regarding medical causation as defined in the Bill and following the statutory guidelines for presenting and prosecuting a claim will most likely require the assistance of an attorney. The good news for claimants is that most lawyers who present and prosecute these type of claims and cases do so on a contingency fee. This means you only pay legal fees if there is a monetary recovery on your behalf. If there is no monetary recovery then the client pays nothing for legal fees.
What if I need more information about the Camp Lejeune Justice Act and my claim? Please feel free to contact attorney Mark Wolfe at 251 410-7761 or by email at mark@brwlawyers.com Subject: Camp Lejeune for more information or to discuss your potential claim.
Attorney Mark Wolfe has been helping injury victims and their families since 1987
REQUIRED DISCLAIMERS: Alabama Rule of Professional Conduct 7.2: No representation is made that the quality of legal service to be performed is greater than the services provided by other lawyers. The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements. Free background information is available upon request to a Mississippi attorney. The listing of any area of practice by a Mississippi attorney does not indicate any certification of expertise therein. See Mississippi Rules of Professional Conduct Rule 7.2(d), Rule 7.4(a), Rule 7.6(a) (1997). Statement in compliance with Florida Bar Advertising Rules: “The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. [Florida Rule 4-7.2(d)]. General Disclaimer: This information is posted for general information purposes to help those interested parties or persons with potential civil claims better understand their rights and potential causes of action. If readers are currently represented by an attorney on the subject matter of this post then they are encouraged to continue with said representation. No attorney-client relationship is established by this post.
Elmiron is an oral medication approved by the FDA to treat the pain and discomfort of the bladder condition known as interstitial cystitis (IC). Numerous recent medical studies have now been released that have linked those who have taken Elmiron to a vision loss condition known as pigmentary maculopathy. Maculopathy is a pathological condition of the macula, which is the area of the retina that is associated with highly sensitive and accurate vision. In the case of those who have taken Elmiron, there is evidence that a buildup of pentosan polysulfate sodium, the active ingredient in Elmiron, in the retinal cells causes these irreversible vision problems. These problems appear to be more common with women who have used Elmiron.
Elmiron has not been recalled despite studies linking long-term use of the IC drug to potentially permanent vision damage. The drug is manufactured by Janseen Pharmaceuticals (Janssen). Janssen is a pharmaceutical company headquartered in Beerse, Belgium, and wholly-owned by Johnson & Johnson. The drug has been on the market since 1996. However, Janssen did not warn about the risk of retinal pigmentary maculopathy until it updated the drug’s prescribing information at the direction of the FDA in June of 2020. The FDA published the new label with the maculopathy warning but it has not issued a statement or safety communication about it. At this point, the agency has not required Janssen to recall the drug and the drug maker has not said it plans to issue a voluntary recall.
Some of the most common symptoms associated with pigmentary maculopathy include the following:
– Difficulty reading
– Blindness
– Eye pain
– Difficulty adapting to dim lighting
– Vision disturbances or distorted vision, or
– Trouble seeing things up close
If you or a loved one has suffered vision loss or vision difficulty and taken the drug Elmiron before June 2020, you may have a claim for compensation and restitution. Please call Mark Wolfe at Boteler Richardson Wolfe – Injury Lawyers today. 251 410-7761. Or email Mark at mark@brwlawyers.com, please put “Vision Loss Claim” in the subject line. Consultations are always free. Boteler Richardson Wolfe – Injury Lawyers have been helping people with injury claims and cases since 1987. Our lawyers are licensed in Mississippi, Alabama, Florida and Georgia.
REQUIRED DISCLAIMERS: Alabama Rule of Professional Conduct 7.2: No representation is made that the quality of legal service to be performed is greater than the services provided by other lawyers. The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements. Free background information is available upon request to a Mississippi attorney. The listing of any area of practice by a Mississippi attorney does not indicate any certification of expertise therein. See Mississippi Rules of Professional Conduct Rule 7.2(d), Rule 7.4(a), Rule 7.6(a) (1997). Statement in compliance with Florida Bar Advertising Rules: “The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. [Florida Rule 4-7.2(d)]. General Disclaimer: This information is posted for general information purposes to help those interested parties or persons with potential civil claims better understand their rights and potential causes of action. If readers are currently represented by an attorney on the subject matter of this post then they are encouraged to continue with said representation. No attorney-client relationship is established by this post.
Ride a Motorcycle? Get a GoPro® !
By Mark Wolfe, Attorney at Law
In my 35 years as a personal injury attorney I’ve represented thousands of motor vehicle crash victims. A number of my clients have been motorcyclists. Motorcycle vs car personal injury claims and cases tend to be more difficult than the typical car vs car matter. Why is that? I’ll tell you in just a second but first let me tell you about the law. Whenever you make a claim against someone (and their insurance company) for negligently hurting you, you carry the burden of proof. That means you have to prove they were at-fault with credible evidence. This burden of proof is what makes motorcycle vs car crash claims a little harder.
If you’ve ridden a motorcycle for any length of time, you know there is a stereotypical prejudice against motorcyclists. People believe motorcyclists “go too fast”, are “risk takers”, are “reckless”, are “disobedient to the rules of the road”, etc. Herein is the problem. It’s very common in a car crash scenario for the at-fault driver to either blame the other driver completely or deflect some degree of responsibility for the crash to the other driver. My experience tells me that this occurs at a higher level in a motorcycle vs car crash. The driver of the car is more likely to either try and blame the motorcyclist completely for the crash or say the motorcyclist contributed to the crash by some “unsafe” manner of operating the motorcycle. Usually, “the motorcyclist was speeding.” Because many law enforcement officers have the same stereotypical prejudices mentioned above, these allegations against the motorcyclist often find their way onto the accident report and can weigh heavily on the officers determination of fault for the accident. Insurance companies use the information in the accident report as the main part of their liability investigation. If an unfounded or false accusation against the motorcyclist is in the accident report, it could result in a legitimate claim being delayed or even denied.
So what can you do? Two things. First, consider using a GoPro® or similar video recording device while riding your motorcycle. If you do this and you are in a crash, DO NOT immediately tell the investigating officer you have a video of the crash or give the officer the recording card or chip. (Sometimes a crash video may reveal something that the other side can use to argue the motorcyclist contributed to the accident. Also, if the officer maintains the original card or chip it may not be available to you because it is now being held as “evidence.”) Rather save the video card or upload the video to a permanent hard drive and get a copy of the accident report as soon as the report is available. Then once you have a copy of the accident report immediately consult with an experienced motor vehicle crash attorney. (Do this even if you don’t have a video of the crash.) Most injury attorneys offer free consultation and he or she can review the accident report, and the video, and determine the best way to proceed. It may be everything is in order and you may not need to retain an attorney. But if the report needs to be amended or producing the video will be helpful with the other driver’s insurance company, the attorney will be able to effectively and efficiently help you do this and keep your claim moving forward. Read more about motorcycle crash statistics here. CLICK.
At Boteler Richardson Wolfe consultations about a motor vehicle crash situation are always free: call 251 410-7761 to speak directly with Mark Wolfe or send him an email: mark@brwlawyers.com (include “Motorcycle Crash” in the subject line). The law firm handles motor vehicle crash claims and cases in multiple states and has lawyers licensed to practice law in Alabama, Mississippi, Florida and Georgia.
REQUIRED DISCLAIMERS: Alabama Rule of Professional Conduct 7.2: No representation is made that the quality of legal service to be performed is greater than the services provided by other lawyers. The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements. Free background information is available upon request to a Mississippi attorney. The listing of any area of practice by a Mississippi attorney does not indicate any certification of expertise therein. See Mississippi Rules of Professional Conduct Rule 7.2(d), Rule 7.4(a), Rule 7.6(a) (1997). Statement in compliance with Florida Bar Advertising Rules: “The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. [Florida Rule 4-7.2(d)]. General Disclaimer: This information is posted for general information purposes to help those interested parties or persons with potential civil claims better understand their rights and potential causes of action. If readers are currently represented by an attorney on the subject matter of this post then they are encouraged to continue with said representation. No attorney-client relationship is established by this post.
Reasons Life Insurance Claims Are Denied & What to do Next.
There are several reasons why life insurance claims can be denied. Knowing those reasons and how to appeal or challenge a denial of benefits can be critical for families in their time of need. The following information from Life Insurance Claims Specialist and Attorney, Mark Wolfe may be helpful to you or a family member. Mark’s Number One Rule: Do Not Try to Handle the Denial of Benefits on Your Own! (See the last section of this article for important information.) For a free consultation please email your life insurance benefit questions to Mark Wolfe at mark@brwlawyers.com Please put Life Insurance Question in the subject line. Or call him at 251 410-7761.
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I have been helping families and clients for many years with legal issues related to life insurance benefits. Most specifically with contesting or challenging the denial of life insurance benefits. Some times a lawsuit is required to secure benefits and some times the benefits can be recovered through a pre-litigation request for reconsideration. If you’ve been the victim of denied life insurance benefits, I think the most important thing is for you to fully understand why the benefits were denied and how you may contest or challenge the denial of benefits. What follows are the most common reasons life insurance benefits are denied with some general legal information about the basis for the denial.
1. Death Occurs During the Contestability Period. Most life insurance policies have a contestability period. This is a period of time, usually two years, after the policy has been issued where the insurance company can take a look back at the application and conduct an investigation to make sure all “relevant and material information” was disclosed on the application. This is sometimes called “retroactive underwriting” and is most likely to apply to policies with no formal medical examination before the policy is issued. An example of this type of denial would be if the applicant says his or her weight is 200 lbs but then the insurance company finds medical records right before the application was submitted showing the applicant’s weight to have been 250 lbs. If this weight is higher than the underwriting guidelines for the policy, then the company may deny the claim and refund the premiums claiming had they known of the higher weight, they would not have issued the policy. Even a minor undisclosed medical condition on the application such as high blood pressure can be deemed a material misrepresentation and can be grounds for denial. In general, the undisclosed information does not have to be a contributing factor to the death to support a denial of benefits and it does not have to have been an intentional misrepresentation. Simply forgetting to disclose material information or even an inadvertent mistake can be enough to support the denial of benefits.
IMPORTANT INFORMATION: Insurance rules and regulations vary greatly from State to State and some life insurance policies are even governed or controlled by Federal law. The legal definition as to what is or is not “relevant and material information” on an application can be different from State to State. Before accepting the denial of benefits and cashing the premium refund check, consider consulting with a Life Insurance Claims Specialist or an experienced Attorney to have the denial of benefits reviewed. Also, even if you have cashed the premium refund check, some State laws will still allow you to contest the denial of benefits.
2. Deceit or Fraud. This covers a number of different situations and may extend past the contestability period. This basis for denial covers more than an inadvertent mistake on the application such as mistakenly putting the wrong weight. It would apply to situations were the intent of the applicant was intentionally misleading or deceitful. For example a person is diagnosed with terminal cancer and then buys a life insurance policy and intentionally and knowingly does not disclose the cancer diagnosis. Even if the death occurs outside the contestability period, the insurance company may deny the benefits claiming the policy was secured by the fraudulent suppression of material information. This can also apply to beneficiaries if they secure a policy for a loved one under fraudulent or unscrupulous circumstances.
3. The Cause of Death is Excluded or Not Covered Under the Policy. Most life insurance policies exclude coverage for suicide. However, some policies only exclude suicide during the contestability period. Some life insurance policies exclude benefits if the death occurs “related to or while engaged in a dangerous activity” such as scuba diving or sky diving. Accidental Death (AD) benefit policies often exclude coverage if the accidental death is contributed to by any number of conditions or even pre-existing conditions. A very common exclusion under AD policies or clauses is if the decedent was intoxicated at the time of death.
IMPORTANT INFORMATION: Exclusion clauses in life insurance policies can be legally and/or medically difficult for the insurance company to prove; however, they will often send the beneficiaries a denial of benefit letter referencing complex medical and/or legal terminology. Even if you think the exclusion sounds legitimate, you should have the denial of benefits reviewed by a Life Insurance Claims Specialist or an experienced Attorney.
4. Premium Payments Were Not Made. When premium payments are not made in accordance with the terms of the policy the policy lapses and no benefits are owed. Some policies have a short grace period for late payments. Some policies have reinstatement provisions that allow for past due premiums to be paid and the policy to be “reinstated;” however, the reinstatement provisions often require a new reinstatement application and establish a new contestability period. Some times the “reinstated” policy is basically a new policy with new exclusions and conditions. One of the most common causes for non-payment of premiums is when an automatic payment withdraw is not increased periodically as premiums increase. For example, person takes out a Universal or Whole Life policy that builds cash value over time. The policy has a 10 year level premium and for the first 10 years the premium is paid timely via an automatic withdraw from a bank account. After 10 years the premium for the policy increases but the automatic payment remains the same. The accumulated cash value is then used to make up the premium difference until it is used up. Once the cash value is depleted the policy will lapse for non-payment of premiums. Unfortunately, many Universal and Whole Life Insurance policies were sold with the representation that the cash value would accumulate at such a high rate that the premiums would always be covered or even diminish or go way at some point in the future. This has led many people, especially elderly people, to inadvertently disregard notices and information from the insurance company about premium increases and/or premium payments made via the accumulated cash value of their policy.
IMPORTANT INFORMATION: There have been several class action lawsuits against insurance companies for misrepresenting or misleading consumers about the viability and achievability of “diminishing premiums” or “vanishing premiums.” You can Google those terms and the Company to see if you may be a class member or have any rights under a related class action settlement.
5. Dispute as to Beneficiaries. While not necessarily a denial of benefits, a life insurance company may delay the payment of benefits if there is a dispute as to the beneficiaries under a life insurance policy. In some cases, the life insurance company may require a legal determination as to who is entitled to the benefits. As a simple rule of thumb, life insurance benefits are paid to the named beneficiary of record. This could be the person or persons identified on the application or someone identified on a legitimate change of beneficiary form on record with the company. However, issues can arise if a former beneficiary challenges the legitimacy of a change of beneficiary form. Also, if there are no contingent beneficiaries listed and the primary beneficiary is deceased, then legal action may be required to determine who is entitled to the life insurance benefits. Finally, some States have provisions that automatically remove a named spouse as beneficiary upon divorce.
Do Not Try to Handle the Denial of Benefits on Your Own! Life insurance policies are complex legal documents that contain lots of defined terms and conditions. How those terms and conditions stand up against the laws and regulations of your State requires knowledge and expertise. Many policies have guidelines and rules for how to appeal the denial of benefits but those may or may not be binding or required. However, some life insurance policies are subject to Federal laws and regulations which require strict adherence to procedures for how appeals must be presented. In those situations, failure to properly file the appeal can prevent any further legal action to obtain benefits. Some times the denial of benefits is blatantly wrong and may entitle the victim to additional compensation over and above the policy benefit amount. If you are the victim of denied life insurance benefits, in the very least you should consult with a Life Insurance Claims Specialist or an experienced Attorney as soon as you are notified that the benefits are denied and before responding or appealing the denial of benefits. He or she should be able to give you an overview of your rights and explain the legal issues you are facing and provide you with a strategy to try and recover the benefits.
About the author: Mark Wolfe is a licensed and practicing attorney in the State of Alabama. Through his law firm he has handled denied life insurance cases in Alabama and Mississippi. He has also been a consultant on life insurance claims and cases in other States where he works with local attorneys to help secure life insurance benefits for clients and customers. He has helped families recover over one million dollars in denied life insurance benefits with the average policy value being $50,000.00. Mark provides free consultations for people who have questions about life insurance policies or benefits. Please email your life insurance benefit questions to Mark Wolfe at mark@brwlawyers.com for a free consultation. Please put Life Insurance Question in the subject line. Or call him at 251 410-7761.
REQUIRED DISCLAIMERS: Alabama Rule of Professional Conduct 7.2: No representation is made that the quality of legal service to be performed is greater than the services provided by other lawyers. The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements. Free background information is available upon request to a Mississippi attorney. The listing of any area of practice by a Mississippi attorney does not indicate any certification of expertise therein. See Mississippi Rules of Professional Conduct Rule 7.2(d), Rule 7.4(a), Rule 7.6(a) (1997). General Disclaimer: This information is posted for general information purposes to help those interested parties or persons with potential civil claims better understand their rights and potential causes of action. If readers are currently represented by an attorney on the subject matter of this post then they are encouraged to continue with said representation. No attorney-client relationship is established by this post.
