Law Office of John DufourLaw Office of John Dufour2026-04-18T18:23:28Zhttps://www.johndufourlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1404683/2022/08/cropped-MicrosoftTeams-image-32x32.pngOn Behalf of Law Office of John Dufour<![CDATA[The problem with trying to work through the pain of a job injury]]>https://www.johndufourlaw.com/?p=517962026-04-18T18:23:28Z2026-04-18T18:23:28ZInjuries may worsen if left untreated
A traumatic injury may require immediate medical care to prevent the body from healing improperly. If a worker ignores a fracture, for example, the bone might mend improperly. They are also at risk of worsening the initial injury by continuing to work. In extreme cases, the worsening of the injury might lead to a permanent disability that prevents them from continuing their career.
Many workers in physically-demanding professions do not sustain traumatic injuries but instead develop repetitive motion injuries. Also known as repetitive stress or repetitive strain injuries, these conditions develop due to the cumulative trauma generated by performing the same functions over and over for years.
Like serious traumatic injuries, repetitive motion disorders generally do not improve without rest and medical intervention. Workers who report their injuries and seek medical care can ask for accommodations when doctors restrict their lifting or impose other limitations on their job functions.
In some cases, they may even require a leave of absence to allow their body an opportunity to rest and heal from the strain that has damaged their bodies. The longer that workplace injuries go without treatment, the greater the risk of them causing long-term functional challenges. Additionally, delays in reporting an incident could undermine an employee's eligibility for workers' compensation benefits.
Reviewing an injury or medical diagnosis with a workers' compensation attorney can help professionals learn more about their rights and navigate what can be a confusing system. Oftentimes, with the right support, hardworking individuals can recover from their on-the-job injuries and get back to work as soon as possible.]]>On Behalf of John Dufour, Attorney at Law<![CDATA[Comparing Chapter 7 and Chapter 13 bankruptcy]]>https://www.johndufourlaw.com/?p=516262025-01-21T18:04:10Z2025-01-21T18:04:10Zresearch the bankruptcy process, you may have questions about the different types of bankruptcy available, what each involves and which one is right for you. The two main types of bankruptcy filed by consumers are Chapter 7 and Chapter 13 bankruptcy.
Chapter 7 bankruptcy
Chapter 7 bankruptcy allows you to discharge all qualifying debt. Discharge means the debts are erased and you are no longer responsible for them.
Only certain debts qualify for Chapter 7 bankruptcy. Child support, alimony and student loans generally cannot be discharged in bankruptcy. However, credit card debt, medical debt or other types of personal debt typically qualify for discharge.
If you own a home, keeping your home may be a priority. You have a bigger risk of losing your home or other real estate by filing Chapter 7 bankruptcy.
The bankruptcy court will examine your assets and debts. If you own assets that could be used to pay the debts, such as a home, the court may order you to sell those assets.
Therefore, Chapter 13 may be a better option for you if you have a home that you are worried about losing.
Chapter 13 bankruptcy
Chapter 13 bankruptcy does not discharge your debts right away. Instead, you pay off the debts through a three-to-five-year payment plan.
The bankruptcy court appoints a trustee to oversee and manage your payment plan. You make monthly payments to the trustee, who pays your creditors according to the plan. After the final payment is made under the plan, the remaining debts are discharged.
Chapter 13 bankruptcy can prevent you from losing your home since you are not required to sell any assets to pay your debts. If you are behind on mortgage payments, they can be added to your Chapter 13 plan. Otherwise, you will need to keep making your monthly mortgage payments while making your Chapter 13 payments.
You must have income to qualify for Chapter 13 bankruptcy because you must show that you are able to make monthly payments. Your payment plan can be modified if your circumstances change during the payment period. You must report any changes in income to your trustee. This includes increases in income as well as decreases in income.
What happens if you miss Chapter 13 payments?
Although your home could be at risk if you file for Chapter 7 bankruptcy, having your debts be immediately discharged makes it an attractive option. Chapter 13 bankruptcy requires you to stick to a payment plan for several years.
If you miss payments under your Chapter 13 plan, the bankruptcy court could dismiss the bankruptcy, which allows creditors to begin contacting you again. The court may also convert the bankruptcy to Chapter 7.
Deciding between Chapter 7 or Chapter 13 bankruptcy depends on your specific situation. You should thoroughly review your current financial circumstances, your bankruptcy goals and future plans before committing yourself to one or the other.]]>On Behalf of John Dufour, Attorney at Law<![CDATA[Post Title: Appealing a Social Security Disability denial]]>https://www.johndufourlaw.com/?p=516242024-10-11T15:24:13Z2024-10-11T15:24:13Zdenied claims for disability benefits are not uncommon, but you have the option to appeal. The appeal process involves many specific steps, many of which contain deadlines.
It is extremely important to follow the steps and meet the deadlines, since missing one could mean your appeal is denied without having a hearing. You would then need to restart the application process, which means you wait even longer to receive disability benefits.
Request for reconsideration
Read your denial letter over carefully. It explains your appeal rights. The first appeal is called a request for reconsideration. In most cases, you must request a reconsideration within 60 days of the date of your rejection letter. Your reconsideration request must be in writing.
A reconsideration is a review of your disability claim by someone who was not involved in the first review.
The reconsideration deadline must be met. Although sometimes late requests are accepted for reasons beyond your control, it is rare. Do everything you can to get your request submitted on time.
Learn the reason for the denial
Make sure you understand the reason for the denial. Sometimes the reason is for a non-medical reason, such as not meeting income or other requirements. If you believe this was in error, you could submit additional information of documentation you believe to show you meet the requirements.
In these cases, your claim may be approved after the correct information is received and a reconsideration might no longer be necessary. However, you should still file your request for reconsideration as soon as you can. If you later learn you do not need a reconsideration, you can withdraw your appeal request.
Denials for a medical reason are a bit more complicated. You must submit documentation showing that you qualify as disabled, such as medical records or a letter from your doctor.
The ALJ hearing
If your reconsideration request is unsuccessful, you can request a hearing before an Administrative Law Judge (ALJ). You will receive another denial letter with appeal instructions.
The ALJ hearing is your chance to testify before the ALJ about your disability and present witnesses or evidence to prove your disability. The ALJ does not typically decide the case the same day. You will receive a decision in the mail sometime after the hearing.
The Appeals Council
You are not out of options if the ALJ denies your claim. You can appeal the decision up to the Appeals Council and ask them to review the decision. However, you are not guaranteed a new hearing.
The Appeals Council may deny your request for review if it finds that the ALJ complied with Social Security law. They could also decide to issue a new decision or send it back down to the ALJ, ordering a new hearing or some other action.]]>On Behalf of John Dufour, Attorney at Law<![CDATA[What you need to know about the independent medical examination]]>https://www.johndufourlaw.com/?p=516222024-07-23T11:07:40Z2024-07-23T11:07:40Zworkers’ compensation case, your employer and their insurance company might throw up several roadblocks to try to prevent you from securing the benefits that you need. This includes requesting that you be subject to an independent medical examination.
What is an independent medical examination?
The independent medical examination is aimed at giving the insurance company a third-party opinion about the nature, extent, and cause of your injuries. While the hope is that this medical examiner is unbiased and can thus give a fair account of your injuries, the sad truth is that these doctors are often contracted with the insurance company, which may motivate them to be favorable to the insurance company’s position.
That said, you can have some say in who examines you. If you request to choose, then the insurance company will provide you with a list of approved providers from which you can select one.
While this limits your options, it still gives you a little bit of control. And that’s important given that the results of your independent medical examination can have a crucial impact on the outcome of your workers’ compensation case.
How can you prepare for an independent medical examination?
There’s a lot that you can do to ready yourself for this process. This includes:
Reviewing your medical history so that you have a firm understanding of your pre-existing conditions, which the medical examiner will likely ask you about.
Recalling the workplace event or events that led to your injury, since you’ll be asked about them extensively to see if your injuries align with the workplace accident in question.
Readying yourself to be honest, since the medical examiner will find out the truth and any exaggerations or falsehoods will work against you in your workers’ compensation case.
Refraining from minimizing your injuries, as this could limit your ability to recover the workers’ compensation benefits that you need and deserve.
Brining someone with you to the examination who can provide a witness account of what happened during the examination.
Being careful about what you say at the examination so that you don’t give the impression that you brought your injuries upon yourself by roughhousing or otherwise doing something you shouldn’t have been doing at work.
Being cognizant of the fact that the insurance company might be watching you in the days or weeks leading up to your examination to catch you in a lie when you consult with the examiner.
Be as prepared as possible as you navigate your workers’ compensation case
There are several nuances to the workers’ compensation claims process. You have to properly navigate them if you want to stand a chance of recovering the compensation you need and deserve.
This means knowing the law, your case’s weaknesses, and the tactics used by insurance companies to try to beat these claims.
By educating yourself as much as possible, you’ll hopefully be better positioned to secure the financial resources needed to allow you to fully focus on your recovery.
]]>On Behalf of John Dufour, Attorney at Law<![CDATA[Exemptions can provide you with post-bankruptcy stability]]>https://www.johndufourlaw.com/?p=516202024-04-25T20:24:19Z2024-05-01T20:23:27ZWhat exemptions can you claim in your bankruptcy case?
As you pursue personal bankruptcy, you’ll want to position yourself to come out of the other side as stable as possible. This will require you to utilize as many bankruptcy exemptions as possible. But what exemptions are available to you? Utilizing Georgia’s bankruptcy exemptions, you can claim the following:
Homestead exemption: Pursuant to Georgia law, you can claim $21,500 in the homestead exemption as an individual, or $43,000 as a couple. This means that if your equity stake in the home is less than the amount of the exemption, then you’ll likely be able to keep your house once the bankruptcy process is finalized. But even if the equity amount is higher than the exemption amount and you’re forced to sell it, you can still walk away with the equity up to the homestead exemption amount that you claim.
Motor vehicle exemption: You can also claim up to $5,000 in a motor vehicle exemption. Again, this could position you to keep your vehicle. If not, then you’ll at least have some funds with which to purchase another vehicle to help you get around.
Personal property exemption: The law allows you to keep up to $5,000 in household goods, appliances, furnishing, clothing, books, and instruments. This is a significant amount that could allow you to keep much of what you own. You can also retain up to $500 in jewelry.
Retirement account exemptions: Several retirement accounts are also exempted from the bankruptcy process. This might include your pension, and the exemption will be applicable to your IRAs. This helps position you for a viable retirement when the time comes.
Tools of the trade exemption: Here, you can retain up to $1,500 worth of tools and equipment that you need to perform your job.
Wildcard exemption: With this exemption, you can keep up to $1,200 of any property that you want. This gives you flexibility in deciding what you want to keep. If you don’t fully utilize your homestead exemption, then you can claim up to an additional $10,000 in wildcard exemptions.
As you can see, there are several opportunities to advocate for exemptions that leave you on firm financial footing once all is said and done. Contrary to popular belief, then, you won’t be left without assets once your bankruptcy is finalized.
Develop the bankruptcy strategy that positions you for the life you want
Bankruptcy can be the start of your new life. But you need to be proactive in protecting your interests throughout the process. Otherwise, you might miss out on opportunities that give you a toehold on the financial stability that you’ve wanted for so long. To secure the future you’ve been thinking of, start planning how you’re going to approach your bankruptcy case now. Hopefully then you can confidently and competently move through the process.]]>On Behalf of John Dufour, Attorney at Law<![CDATA[What are the biggest dangers on Georgia roads for 2024?]]>https://www.johndufourlaw.com/?p=516102024-02-01T12:46:42Z2024-02-01T12:46:42Zit shows how fatal collisions are on the rise. The problem is getting worse and it is ominous for 2024.
GDOT fatality numbers show the frequency of fatal crashes
According to the Georgia Department of Transportation, there were nearly 2,000 fatalities on state roadways in 2022. That came to approximately five each day. This was a slight improvement from the previous year. Still, there are troubling signs.
A significant proportion of the fatal accidents were connected to one of the following: speeding (16%); driver impairment (18%); and aggressive driving (20%). Seventeen percent of the deaths were pedestrians.
Researchers and safety experts say drivers simply adhering to the law would significantly reduce the number of collisions, serious injuries and deaths. Nearly half of all accidents are believed to have some form of distraction. Pedestrians are particularly at risk. Problematically, people are still behaving in these dangerous ways.
State entities like the Georgia Department of Public Health have been given grant money for various safety programs. Studies were also financed to try and specify precisely why accidents are occurring and to formulate solutions to try and avoid them.
People are advised to be vigilant and predictable, watching for possible issues on the road. If there is a driver behaving recklessly, simply moving to the side and letting them pass is preferable to keeping up with them or getting in their path. Watching for drivers who are looking down is useful as this is a sign of distraction. If a driver is weaving in and out of traffic, it could be a sign of inebriation or tiredness. Pedestrians should wear bright, reflective clothing and follow the traffic laws. Calling police to notify them of a reckless driver is also useful.
Despite this well-meaning guidance, the reality is that many accidents are going to happen no matter what steps people take to prevent them. With that, it is essential to know what can happen in the aftermath and the be prepared for it.
Auto accidents can leave people searching for answers
After a motor vehicle accident, people will experience stress, fear and questions about their physical, personal and financial future. Medical expenses amass with incredible speed and, with the injured person unable to work, can be left unpaid. Family members will wonder how they will care for an injured loved one and how to pay for it. When there is a fatality, concerns are magnified.
Once there has been a crash, people must consider their options to recover all that was lost. Gathering evidence, dealing with insurance companies and weighing the available strategies can be complicated and having guidance is vital to decide what can be done.
]]>On Behalf of John Dufour, Attorney at Law<![CDATA[Avoid these five mistakes when seeking disability benefits]]>https://www.johndufourlaw.com/?p=516082025-04-01T14:44:29Z2023-11-01T16:07:26ZSocial Security Disability system if you successfully navigate the claims process.
On its face, the disability claims process might seem easy. You prove that you have a disabling condition that affects your ability to work, and as a result you’re provided with support. But the truth is that the process is filled with complications and nuances, any one of which could jeopardize your claim. With that in mind, let’s look at some commonly made mistakes that you’ll want to avoid in order to protect your claim.
Mistakes to avoid in the disability claims process
There are more errors that can be made during the disability claims process than many people realize. Here are some of the biggest and most devastating that you’ll want to avoid:
Procrastinating: We know it can be hard to muster the courage to pursue a disability claim, but waiting too long jeopardizes your ability to secure financial stability. After all, it can take months, sometimes even years for the process to play out. And there’s a limit on how far back your disability benefits can go once approved. So, the sooner you act, the better.
Submitting incomplete documentation: When you pursue disability benefits, you’ll need to submit documentation that supports your claimed medical condition and that proves that you have the requisite work history to obtain disability benefits. Without this documentation, the government is probably going to find that it has inadequate information to make a determination on your claim, which at best will significantly delay the process. At worst, it might lead to a claim denial.
Not listening to your doctor: Your doctor’s opinion on the extent of your condition and its impact on your ability to work could be pivotal in your case. If you don’t follow their recommendations, though, then it’s going to be hard to show that your condition is as severe as you claim it to be. This, in turn, is a quick way to see your disability claim denied.
Over-exaggerating your condition: If you speak in absolutes and exaggerate the impact of your condition on your ability to operate, then the government is probably going to question your credibility. So, focus on being honest. You certainly don’t want to downplay your injuries, but you need to be realistic.
Accepting the decision that’s made on your initial claim: The majority of initial disability claims are denied. Although that can feel like a punch to the gut, it shouldn’t be the end of the road. You can appeal a claim denial, which could result in reversal of the initial decision. So, don’t take “no” for an answer. Instead, ready yourself to argue on appeal for what you deserve.
Don’t be afraid of the disability claims process, be ready
Social Security disability benefits can serve as a lifeline in your time of need. But the benefits you need aren’t going to be handed over to you. You have to fight for them. As daunting as that may sound, you don’t have to face this process alone. You can surround yourself with support and educate yourself on the process so that you’re best positioned to advocate for what you deserve. Hopefully then you can secure the outcome you deserve, thereby providing you with the financial stability you need while you cope with your medical condition.]]>On Behalf of John Dufour, Attorney at Law<![CDATA[Common slip and fall accidents and where they can happen]]>https://www.johndufourlaw.com/?p=516072025-04-03T17:29:43Z2023-08-01T15:07:28ZProminent premise liability settings
Parking lots are particularly treacherous. The simple act of walking to a building can lead to life-changing injuries. Simple wear and tear combined with a lack of maintenance can result in unevenness in the pavement. Poor lighting from burned-out light bulbs also presents challenges in navigating potentially treacherous ground, not to mention curbs and other obstacles.
The common routine of stopping to put gas in your car can lead to life-changing consequences. Risks abound while fueling, specifically slips and falls due to gasoline, water, or any liquid spill. The warning signs often go unnoticed until someone hits the ground and suffers serious, if not life-changing, injuries.
Bars and restaurants are bustling businesses where wait staff rush to get food and drink to their customers as soon as possible. That hustle and bustle can result in catastrophic accidents, particularly when a restaurant already has inherent design layout flaws that welcome hazards to customers and employees.
Waterparks and pools represent “fun in the sun.” However, the terrain alone has can be inherently dangerous, with an increased probability of catastrophe. Slippery surfaces about near swimming pools. Poor drainage only makes a bad situation worse, as does a lack of barriers to prevent unsupervised access to the water. Solutions include non-slip surfaces and properly maintained pool equipment.
Enterprises interested in staying afloat should proactively protect customers and avoid calamities that could result in personal injury lawsuits.
]]>On Behalf of John Dufour, Attorney at Law<![CDATA[Early statistics for 2023 show more people filing for bankruptcy]]>https://www.johndufourlaw.com/?p=515942023-04-21T18:53:01Z2023-05-08T18:49:34Zhas seen a spike in bankruptcy filings. People need to be cognizant of how much they owe, what they earn and if it is reasonable to keep up with the payments or bankruptcy might be a worthwhile consideration. It is important to have advice when deciding whether it is the right path to take.
Bankruptcy filings are up substantially in 2023
Statistics show that there was a 20% increase in bankruptcy filings in January 2023 when compared to the prior year. This included personal bankruptcy and business bankruptcy. The financial challenges of the loss of government assistance along with job loss and bank failures has contributed to the problem as the year has progressed.
This is expected to continue and perhaps get worse as the scope of the financial challenges comes clearer.
Chapter 7 or Chapter 13
It is important for debtors to be fully aware of the personal bankruptcy chapters and how they suit their needs. Chapter 7 is referred to as a liquidation bankruptcy where a person’s assets are assessed to determine their value and may be surrendered to be sold to pay back creditors.
Still, most people who decide to file for Chapter 7 do not have major assets like a home or newer automobile, so they do not need to surrender much, if anything. Chapter 7 clears unsecured debt like medical expenses and credit card debt. It can be completed in a relatively short time and the debts will be discharged. There is a means test to calculate whether the person qualifies.
Chapter 13 is for people who own property they want to keep. For example, a homeowner who has fallen behind on their payments and is facing foreclosure could retain the property after filing for Chapter 13. It is a repayment plan that lasts for three or five years.
With Chapter 13, payments will be made to the trustee who will subsequently distribute a certain amount to creditors. Once the payments are completed, the debts are discharged. The amount paid per month is based on income and it will generally reduce the payments they are making when compared to what they paid before they chose to file. This covers secured debt like the home and unsecured debt.
There is no reason to fear bankruptcy with the proper guidance
People frequently pause and find reasons not to file for Chapter 7 or Chapter 13 bankruptcy. While it is understandable, their reluctance is based on an emotional response and fear instead of fact. Bankruptcy is an effective strategy to clear overwhelming debt and to create a viable payment plan to get into a far better financial situation.
There might be a certain level of embarrassment for overextending themselves on their credit and losing their job. This is a common mistake that should not dissuade people from seeking options. Many have purchased a home, made investments or had personal challenges that have led to financial turmoil. Bankruptcy is in place to give them a way to clear their debt.]]>by John Dufour<![CDATA[Don’t Let a Car Accident Ruin Your Life: What You Need to Know]]>https://www.johndufourlaw.com/?p=515912025-10-30T10:26:25Z2023-04-10T18:30:01Z1. Seek medical attention immediately
Even if you feel fine after a car accident, it's important to seek medical attention as soon as possible. Many injuries, such as whiplash and concussions, may not become apparent until several days after the accident. By seeing a doctor right away, you can ensure that you receive the care you need to recover fully.
2. Document everything
It's important to document everything related to the car accident, including the time, date, and location of the accident, as well as the names and contact information of any witnesses. You should also take photos of the damage to your vehicle and any injuries you've sustained.
3. Don't admit fault
It's important to remember that admitting fault at the scene of the accident can have serious consequences. Even if you think you were at fault, it's best to let the police and insurance companies determine who was responsible for the accident.
4. Contact a personal injury attorney
If you've been injured in a car accident, it's important to contact a personal injury attorney as soon as possible. An experienced attorney can help you navigate the legal system and ensure that your rights are protected. They can also help you negotiate with insurance companies to ensure that you receive fair compensation for your injuries and damages.
5. Don't settle too quickly
Insurance companies may try to settle quickly after a car accident, but it's important to remember that the initial settlement offer may not be enough to cover all of your expenses related to the accident. It's best to consult with an attorney before accepting any settlement offers.
In conclusion, car accidents can be life-altering events, but by following these tips, you can protect yourself and your future. Remember to seek medical attention, document everything, don't admit fault, contact a personal injury attorney, and don't settle too quickly. If you've been injured in a car accident, don't let it ruin your life – take action to protect yourself and your future.]]>