Suing for Compensation for Mobility Equipment

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There are many aids to those who are disabled today, often allowing them to use mobility equipment and telecommunications resources to have a very active and fulfilling life. However, obtaining those aids when injured in an accident that was someone else’s fault or when it is covered by workers compensation insurance can be difficult. Such equipment is expensive and may need to be replaced often. Planning and providing for a lifelong need can require strong and knowledgeable help from a legal expert.

Disability Compensation

Since the 1970s, people in this country have experienced a growing awareness and consideration of the needs of the disabled. There are many strong advocates who have set the stage for statutes and case law requiring compensation for a number of needs after a debilitating accident. However, that does not mean that responsible parties, workers compensation agencies, the Social Security Disability Insurance carrier, or insurances companies offer to pay for all the needs of a victim. Sometimes injured parties must fight for them. In order to do so effectively, they should be aware of the areas they should consider.

  • Medical care
  • Rehabilitation and retraining, if required
  • Mobility equipment for debilitating injuries and diseases
  • Pain and suffering (in many cases)
  • Loss of income
  • Disability and/or disfigurement
  • Qualify of life
  • Death benefits

These are just a few of the areas of disability compensation that may be required and covered by a liable party, or covering agency.

Disabilities can fall into one of four categories, each with their own level of life change, pain, cost, medical care, and compensation:

  • Partial, temporary disability – when a victim is unable to perform all of their normal activities or job duties for a short time, may require medical care, rehabilitation, or more, but is expected to return to full activity and work in a designated period of time
  • Partial, permanent disability – when a victim suffers a permanent disability, it does not prevent them from doing part of their former work or activities, but it may require retraining in order to adjust to different abilities
  • Total, temporary disability – when a victim is unable to perform any activities or job functions, requires medical care, rehabilitation, and sometimes retraining to return to full activity and job function
  • Total, permanent disability – when a victim is unable to perform any normal activities or job functions and is never expected to regain those abilities

The types of compensation these types of disability requires vary, but depending on the insurance coverage, work history, workers compensation if the injury was work-related, or Social Security points, they may be entitled to compensation for some or all of their needs.

In addition, if their disability is temporary and partial, they should not face discrimination in the workplace, but accommodation from their employer in order to find a job function they can perform or receive appropriate disability. If their disability is total and permanent, they should not face discrimination in the public arena, but accommodation to enjoy the greatest access and mobility available.

Getting Legal Help with Compensation for Mobility Equipment          

Just because a victim of an accident faces expensive and long-term needs does not give the liable party the right to deny them the care and compensation they deserve. However, the more expensive those needs are, up to and including mobility equipment that is costly and high maintenance, the more they may need the services of an attorney to protect their rights.

This article is provided for informational purposes only. If you need legal advice or representation,
click here to have an attorney review your case .

LA-WS4:0.9.22.120430.13848