The Law Offices of Conti, Levy, Salerno & Antonio, LLCTorrington CT Attorneys | Criminal, Family Law, Injury | Litchfield County2024-03-13T16:23:52Zhttps://www.clsalaw.com/feed/atom/WordPressOn Behalf of The Law Offices of Conti, Levy, Salerno & Antonio, LLChttps://www.clsalaw.com/?p=480112024-03-13T16:23:52Z2024-03-13T16:23:52Ztake legal action, thorough documentation of your injuries can support your claim.
If an accident has left you injured, whether from a dog bite, a car collision, or a slip-and-fall, gathering compelling evidence is crucial to recover compensation. Consider taking the following steps after an accident:
Take photographs
Take clear photos of your injuries as soon as possible after the accident. Capture different angles to provide a comprehensive view of the damage. These images can be vital in dispelling any doubts about the severity of your injuries.
Seek medical attention
Visit a doctor immediately. This step is critical not only for your health but also for obtaining medical records that detail your injuries, symptoms, treatments, and medications.
Journal daily struggles
Write down the daily challenges you face because of your injuries. Include everything from physical pain to emotional stress to how these injuries limit your daily activities. Every detail matters.
Track related expenses
Document every expense resulting from your injury. Keep medical bills, transportation costs, receipts and other financial records. They will be crucial for receiving reimbursements.
The more evidence you have, the better you might be able to show the severity of your injuries and how they've affected your life. This documentation, along with the guidance of an experienced attorney, may bring you closer to securing the compensation you deserve.]]>On Behalf of The Law Offices of Conti, Levy, Salerno & Antonio, LLChttps://www.clsalaw.com/?p=480102024-03-04T15:28:57Z2024-03-04T15:28:57ZEligibility for further medical benefits
State law ensures that your employer or their insurer covers necessary and reasonable medical treatment. If your work-related medical condition requires ongoing care, your employer or insurer must continue to pay for it.
Reasons for extended medical coverage
There are three main reasons why you’d need further medical benefits. They are:
Continued care: If your condition hasn't fully stabilized, you may need continued medical treatments or surgeries.
Change in condition: You may need additional medical benefits if your work-related condition worsens.
Lifetime benefits: Workers’ comp may also continue to provide benefits if your injury leaves you permanently disabled.
While you may be eligible for additional medical benefits, workers’ compensation doesn’t automatically pay for added expenses. You must submit proof that you require more treatment and thus more benefits.
Process for obtaining additional benefits
You’ll have to accomplish the following to receive further medical benefits:
Document: Keep detailed records of your medical condition and ongoing needs.
Communicate: You must inform your employer and their insurance carrier of your need for additional medical care.
File: You must submit all documentation related to your condition and necessary forms to the state Workers' Compensation Commission.
While you’re free to request that you need additional benefits, your employer or their insurer may dispute it. In such cases, you have to right to request a hearing with the Workers' Compensation Commission. A legal professional can represent your interests in this hearing and fight for your right to added medical benefits.
So, yes. It’s possible to receive additional medical benefits. But be prepared to make your case if your employer or insurer disputes your claim.]]>On Behalf of The Law Offices of Conti, Levy, Salerno & Antonio, LLChttps://www.clsalaw.com/?p=480092024-02-22T10:42:10Z2024-02-22T10:42:10ZThe law on OUI with a child passenger
It’s illegal to operate a motor vehicle while intoxicated by alcohol or drugs with a child under 18 as a passenger. The same provisions for a regular OUI still apply – so having a blood alcohol content (BAC) level of at least .08% at the time of the offense means you’ve exceeded the legal limit for intoxication.
What changes, however, are the penalties on conviction. For a first violation of OUI with a child passenger, the driver must pay between $500 and $2,000 in fines or face imprisonment for up to a year. If sentenced to serve imprisonment, the driver must serve 30 consecutive days that can’t be suspended or reduced. The state DMV also suspends the convicted driver’s license.
The convicted driver must also perform 100 hours of community service, undergo treatment for substance abuse, and submit to the Department of Children and Families for evaluation. The agency will determine any ongoing risk posed to the child passenger, and if the driver must participate in any other programs.
Additional charges for endangering a child
A driver charged with OUI with a child passenger 15 or younger may face an additional charge for risk of injury to a minor. A conviction for this offense leads to up to 10 years in prison, $10,000 in fines, or both.
Connecticut treats drunk driving offenses severely because they endanger everyone on the road. But the state also treats OUI involving child passengers even harsher. If you face charges, remember that a legal professional may be able to advise you on your defense options and protect your rights in court.]]>On Behalf of The Law Offices of Conti, Levy, Salerno & Antonio, LLChttps://www.clsalaw.com/?p=480082024-02-15T03:20:11Z2024-02-15T03:20:11ZFactors for divorce
While each couple's journey to divorce is unique, some factors are often listed in divorce proceedings. Some of these include:
Financial struggles
Infidelity
Miscommunication
Addiction
Emotional and physical abuse
Early signs of struggle in marriage
In many marriages, there are signs that the marriage is struggling enough to be on the path to divorce, but early in the relationship, they might be subtle and missed by both spouses. It might be possible for some couples to work on these issues if they can recognize the signs. Some of these signs include:
Constant blaming of the other person
Lack of communication between the spouses about serious issues
An ongoing expectation that the other person will change, and issues will be resolved
A failure to resolve any issues between the spouses
What to do if you recognize signs that your marriage is struggling?
When spouses struggle to communicate healthily and instead find themselves in a never-ending cycle of fights, blame and distance, it might be difficult to find a way out. It might be time for reflection for both spouses, about their roles in the conflict, their actions that might contribute to this and how they want to move forward.
Deciding to seek a divorce is difficult for everyone involved. However, if your marriage continues to struggle and the attempts to work on these issues continue to fail, it might be time to make a decision. If that is where you find yourself, you should begin to prepare for the next step, gathering your personal and financial documents and creating a plan that works best for you.]]>On Behalf of The Law Offices of Conti, Levy, Salerno & Antonio, LLChttps://www.clsalaw.com/?p=479942024-02-07T10:22:18Z2024-02-07T10:22:18ZCommon causes of lifting injuries
There’s more to a lifting injury than forcing the body to carry excessively heavy loads. Certain work scenarios or circumstances can lead to injuries. These include:
Improper lifting techniques: Bending at the waist instead of the knees can strain the back.
Overexertion: Lifting items that are too heavy for one's capacity can lead to muscle or joint injuries.
Repetitive motion: Repeatedly lifting objects, even if not heavy, can cause overuse injuries.
Awkward postures: Twisting while lifting can increase the risk of injury.
Not all lifting injuries happen on the spot. Some might be the product of repeated exposure to these conditions over a period of time.
Estimated costs of treatment
Lifting injuries can be very expensive to treat, depending on their severity. Here are some of the more common injuries a worker could suffer and their estimated medical costs:
Muscle strains: Treatment may include physical therapy and medication, with costs ranging from a few hundred to several thousand dollars.
Back injuries: These can require more extensive treatment, including surgery, with costs potentially exceeding tens of thousands of dollars.
Joint injuries: Treatment costs, including surgery and rehabilitation, can be similar to those for back injuries.
Hernias: Surgical repair for hernias can lead to significant expenses, often within the range of back and joint injury treatments.
Fortunately for workers, workers’ compensation can cover the medical treatment of their lifting injuries. Workers’ comp can also provide wage replacement should the injury prevent the worker from returning to work immediately. The insurance can also pay out benefits should the injuries lead to permanent impairment.
Filing a claim
But workers’ compensation isn’t paid out automatically; workers must first report the injury to their employer to start the process. The employer then provides the employee with initial medical treatment. From there, the employee must file a Form 30C within a year from the date of their injury. The Form 30C document serves as an official claim and is separate from the initial accident report form.
There’s no guarantee that the worker’s employer or insurer would approve a claim. If this happens, the worker shouldn’t lose hope – they can still appeal the decision with the Connecticut Workers’ Compensation Commission.
This appeal process will involve hearings before an administrative judge. A legal professional may be able to properly present a worker’s case and uphold their rights in these hearings.]]>On Behalf of The Law Offices of Conti, Levy, Salerno & Antonio, LLChttps://www.clsalaw.com/?p=479872024-01-18T08:04:49Z2024-01-18T08:04:49Zanimal bite infections can be life-threatening.
You should see a doctor if the dog bite breaks your skin, resulting in a puncture, cut or laceration. Even if you decide not to get immediate medical attention, you must confirm the dog’s vaccination status against rabies. Additionally, babies, children, older adults and anyone with a compromised immune system should receive a medical evaluation after a dog bite, no matter the severity of the injury.
Connecticut law holds dog owners fully accountable for bites
Connecticut law is quite clear when it comes to dog bite liability. Under the state’s “strict liability” statute, a dog owner or the keeper of a dog is responsible for any damage caused by their dog to a person’s body or property.
Therefore, as a victim, you do not have to prove that the dog owner’s negligence led to the bite. In fact, the dog owner is still legally accountable for the damages regardless of whether the dog has a history of aggression. The law presumes the owner’s liability, with a few exceptions. The dog owner may not be liable if the following apply to your case:
If you were trespassing on the dog owner’s property or committing another tort
If you provoked, teased, tormented or abused the dog
The exceptions do not apply to children under the age of seven. If a dog bit your child while they were trespassing on your neighbor’s property, you could still press charges against the owner.
Knowledge is crucial in pursuing a claim against the dog owner
Understanding the extent of your injuries and the compensation you could potentially receive is also a crucial part of your decision to pursue a claim. Compensation can cover various damages, including medical expenses, lost wages and pain and suffering.
Canine attacks may leave lasting physical and psychological marks, requiring long-term medical care and rehabilitation. Fortunately, you do not have to suffer in silence or bear the financial burden alone.]]>On Behalf of The Law Offices of Conti, Levy, Salerno & Antonio, LLChttps://www.clsalaw.com/?p=479852024-01-16T08:40:55Z2024-01-05T09:30:29ZTaking an occupied motor vehicle leads to additional punishment
Under state law, anyone who commits robbery by taking a motor vehicle from another person occupying the vehicle faces additional penalties on conviction. On conviction, the person will serve a three-year prison sentence, which can’t be suspended.
This prison term is in addition and consecutive to any other term of imprisonment imposed on the offender for their violation.
Penalties stack with those for a robbery conviction
A conviction for robbery involving an occupied motor vehicle will enhance any robbery offense, effectively adding three more years of prison that the offender must serve. The maximum imprisonment period for the following degrees of robbery, when enhanced, become:
Robbery in the third degree, Class D felony: Normally punishable by five years in prison, it instead becomes up to eight years if a motor vehicle robbery was involved.
Robbery in the second degree, Class C felony: A robbery crime where the offender was either aided by another person or had threatened to use a deadly weapon. This is also the criminal degree for a robbery offense where the offense occurred on the premises of a bank or credit union. Typically punishable by up to 10 years of imprisonment, a motor vehicle robbery enhancement turns it to 13 instead.
Robbery in the first degree, Class B felony: A crime where, during the course of the offense, the offender caused serious physical injury or had a deadly weapon. A conviction for this crime leads to up to 40 years of prison – five of which a court can’t suspend or reduce. A motor vehicle robbery enhancement pushes this to up to 43 years, with eight of those years being mandatory.
Those convicted of robbery face some of the harshest criminal penalties. But if a court finds that their offense also involved robbing another person of their vehicle, those penalties become even more severe. If you face robbery and vehicle robbery charges, carefully consider your legal options with the help of an attorney.]]>On Behalf of The Law Offices of Conti, Levy, Salerno & Antonio, LLChttps://www.clsalaw.com/?p=479842023-12-21T04:18:41Z2023-12-21T04:18:41ZDemographics and fatal speeding accidents
However, not every demographic or type of vehicle is equally likely to be involved in speeding-related car accidents. For example, young male drivers are the group most likely to be drivers in fatal speeding accidents. Larger numbers of passenger cars are involved in more deadly crashes, but a look at the total number of fatal crashes for every type of vehicle reveals that motorcycles have the highest percentage of speeding-related deadly accidents.
The role of time
There are also certain times when fatal crashes involving speed tend to happen, such as the months of May through September. Speeding-related fatalities have been on the rise during holidays over the past ten years, and they are more common on weekends than on weekdays.
Fatal speeding crashes and other vehicles
In terms of sheer numbers, more fatal single-vehicle speeding-related motor vehicle accidents happen than any other kind. However, a higher percentage of fatal accidents involving three or more vehicles are speeding-related than is the case for single or two-vehicle crashes.
Possible remedies
In 2021, over 11,000 of the 39,508 deadly motor vehicle accidents involved speeding. In Connecticut in 2020, there were a total of 776 crashes in which speeding was a factor. Safety advocates concerned about year-over-year increases in both fatal and nonfatal motor vehicle accidents have recommended a number of different remedies, including increased law enforcement, stricter laws, greater driver education and better safety technology in vehicles. More public awareness about the dangers and consequences of speeding may also help to reduce the number of accidents across all demographics, vehicle types and situations.]]>On Behalf of The Law Offices of Conti, Levy, Salerno & Antonio, LLChttps://www.clsalaw.com/?p=479832023-12-19T11:30:48Z2023-12-19T11:30:48ZThe act of concealing as evidence
According to Connecticut law, a person intentionally concealing unpurchased items while inside or outside the store shall be presumed to have performed the concealment intending to convert the items to their use without paying for them.
In other words, the concealment of unpaid merchandise isn’t a crime, but prosecutors can hold the fact as evidence that a person was in the middle of shoplifting.
The use of shoplifting devices
While concealing merchandise isn’t a criminal offense by itself, state law has something to say about using shoplifting devices. Shoplifting devices include things such as booster bags, which can prevent unpaid merchandise stored inside them from triggering electronic security tag detectors at stores.
Possessing booster bags and other shoplifting devices is a crime. This offense is a Class A misdemeanor, punishable by up to a year in jail and as much as $2,000 in fines.
So, no – concealing merchandise isn’t a shoplifting crime, but it can be used as evidence against the person in court. It does become a crime, however, if the person uses a booster bag to conceal the unpaid items.
Using shoplifting devices is a misdemeanor; it would be unwise to underestimate a misdemeanor conviction since it still leads to jail time, fines and a criminal record. That’s not even counting the criminal charges and penalties you might face for the actual theft of unpaid merchandise. If you face charges, consider your legal options by consulting with an attorney.]]>On Behalf of The Law Offices of Conti, Levy, Salerno & Antonio, LLChttps://www.clsalaw.com/?p=479822023-12-11T09:11:22Z2023-12-11T09:11:22ZInitial treatment is up to the employer
When a work-related injury occurs, a worker should receive all proper medical treatment, with the employer responsible for providing the initial treatment at a medical office or facility of the employer’s choice. After this first treatment, the employee can pick their attending physician – but there are limitations.
Adhering to the medical care plan
If an employer has a medical care plan and a list of approved medical providers, the employee must accept their first treatment from a plan-approved provider. All later medical treatment must also come from a plan-approved provider, per the state’s rules. Employees can only pick from their employer’s network of approved medical providers.
Refusing the initial employer-provided medical care or any plan-approved medical providers may lead to an administrative judge suspending the employee’s rights to compensation and benefits.
However, if the employer doesn’t have a medical care plan, the employee may choose any licensed medical practitioner in Connecticut.
Changing physicians
Workers are free to change their attending physician if they’re dissatisfied with their treatment. There are three ways for an employee to initiate a change:
Referral: The employee must first secure a referral from their current physician for a change in doctor.
Approval: The employee must obtain approval from their employer’s workers’ comp insurer. If the company is self-insured, the employee must obtain approval from their employer instead.
Appeal: A worker can write a request to the administrative judge in their respective district office requesting a new physician.
If workers don’t secure any of the three, they’ll have to pay out-of-pocket for their “unauthorized” medical bills.
So, can you change your doctor in a workers’ comp claim? You can, but there are limitations based on whether your employer has a medical care plan. However, even if your employer doesn’t have a plan, your claim for medical reimbursement isn’t guaranteed approval. Consider working with an experienced legal professional if your claim faces staunch disapproval.]]>