Amend the False Claims Act – The case for amending the false claims act, false claims act penalties.#False #claims #act #penalties


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THE CASE FOR AMENDING THE FALSE CLAIMS ACT

MWI Corporation’s experience with the False Claims Act began on August 18, 1998 when a former employee filed a qui tam complaint under seal in Washington, D. C. After reviewing some of the wild and ultimately unprovable allegations in the complaint, Attorney General Janet Reno ordered a criminal investigation. MWI did not become aware of this investigation until April 22, 1999 when two FBI Special Agents appeared at the homes of two employees to serve Grand Jury subpoenas.

The U.S. Department of Justice later abandoned the criminal investigation in early 2002 without bringing any indictments. As a former Assistant United States Attorney I can tell you it is a rare if not unprecedented event for DOJ to conduct a 30 month long criminal investigation and to fail to indict anyone.

In March 2002 DOJ announced that they were going to intervene in the qui tam complaint of our former employee and this was the first time we learned of it existence. The complaint related to $74.3 million in loans from the Export-Import Bank of the United States that MWI used for its business with seven states in Nigeria. DOJ was aware at the time they intervened that the Government of Nigeria had repaid these loans in full and that the U.S. Government had actually made a profit of $33.7 million on the transactions.

Although it was initially unclear, MWI was absolutely stunned to learn that DOJ was seeking damages equal to three times the amount of the loans or $222.9 million plus civil penalties of $580,000. A judgment of that magnitude would have meant instantaneous bankruptcy for what was then a 76 year old family-owned pump manufacturer.

Every one of the 58 times MWI made a shipment to Nigeria under these Exim Bank credits, it was required to file a Supplier’s Certificate with the Bank certifying that it had paid Regular commissions or fees paid or to be paid to our regular sales agent…and readily identifiable on our books and records as to amount, purpose and recipient”. The dispute with DOJ centered around MWI’s reasonable interpretation of the undefined term “regular commission” which was then and remains today undefined.

Former Exim Bank General Counsel, Warren Glick, testified on MWI’s behalf at trial and he stated that he created the Supplier’s Certificate in this manner because the Bank did not wish to get involved in commissions exporters paid to their agents. Mr. Glick further testified that he agreed with MWI’s interpretation of their legal obligations when they filed each Supplier’s Certificate.

Thinking that I might have missed an Exim Bank policy on allowable commissions to be paid by an exporter to their sales agent, I went on the Bank’s web site and did a search for “Policy on commissions”. As I suspected, I found nothing that related to allowable commissions to sales agents but I made a somewhat surprising discovery of Exim Bank’s policy regarding their payment of a commission of up to 40% to their Export Credit Insurance Agents. I was asked about my discovery during my deposition and the very next day the search function on the Exim web site had been disabled. In the summer of 2013 DOJ panicked in an effort to keep the jury from learning about Exim’s embarrassing 40% commission and filed a Motion In Limine to bar MWI from introducing that into evidence. U.S. District Judge Gladys Kessler granted DOJ’s motion with the proviso that MWI could introduce this fact into evidence if they were to open the door.

At trial in November 2013 former Exim Bank Director Dr. Rita Rodriguez testified that in her 40 years of working in international finance she had “never seen a commission as high as MWI’s.” After she opened the door she was then questioned about Exim Bank’s spurious 40% commission which the jury was finally able to learn about.

The Mediation exercise MWI participated in on October 22, 2013 ended up being an exercise in futility. Even though DOJ had possession of its financial statements, they continually made unreasonable demands to resolve the case. DOJ refused to understand that paying the exorbitant amount of money they demanded over a period of years would make MWI radioactive for any bank considering it for a line of credit and MWI had already lost its line of credit because of the prospect of a $222.9 million judgment. MWI finally terminated the Mediation and announced that it would go to trial.

The night before the commencement of trial in November 2013, Judge Kessler reversed an earlier ruling and decided to bar MWI from introducing evidence that the Government of Nigeria had repaid the $74.3 million loans in full and that the U.S Government had made a profit of $33.7 million. The jury later returned a verdict for the Government for $7.5 million which was trebled to $22.5 million. In a post-trial hearing, Judge Kessler reduced the damages to zero based on the fact that the Government of Nigeria had repaid the $74.3 million loans in full and the U.S Government had made a profit of $33.7 million on the transactions. She did, however, impose the maximum civil penalties of $580,000.

DOJ foolishly appealed the offset of the damages to zero and MWI cross-appealed the verdict of liability and the imposition of the civil penalties.

The National Association of Manufacturers filed an Amicus brief in the D.C. Circuit on MWI’s behalf and on November 24, 2015 that Court issued a strong and unanimous opinion in MWI’s behalf reversing the judgment of liability and instructing the District Judge to enter judgment for MWI. The Court even cited Dr. Rodriguez s testimony and the evidence of Exim s 40% commission. The D.C. Circuit subsequently denied DOJ’s petitions for rehearing and rehearing en banc. In September 2016 the U.S Solicitor General declined to file a Petition for Certiorari although the relator did so. On January 9, 2017 the U.S. Supreme Court declined to grant relator’s petition and that spelled the final end of the historic case after 18 years and 136 days.

In the end, MWI was completely vindicated and totally exonerated.

Defendants rarely win FCA cases where DOJ intervenes due to the treble damages club that DOJ swings to bludgeon settlements out of defendants. The MWI case was one of the very rare cases that actually ended up going to trial.

The False Claims Act should be amended to enable defendants who prevail in such cases to be reimbursed for every dollar they spend in their successful defense. Such an amendment will do nothing to enable MWI to recover the $12 million it spent defending itself but it would, hopefully, reign in an out of control DOJ and possibly prevent them from doing to another company what they did to MWI.

The proposed amendment to the False Claims Act is a matter of simple equity and $12 million would be an insignificant offset to the $4.7 billion that DOJ returned to the Treasury in 2016 through their enforcement of the FCA. Please contact your Senators and every member of your state’s Congressional delegation today to urge their support for this amendment to the False Claims Act.

William E. Bucknam, Esq. is the Vice President General Counsel of MWI Corporation. Bucknam oversaw this case from 1998 through to its final successful conclusion in 2017.


Tampa Civil Litigation Attorney #tampa #attorney, #tampa #lawyer, #attorneys #in #tampa, #lawyers #in #tampa, #florida, #fl, #foreclosure, #civil #law #practice #in #westchase #and #south #tampa, #real #estate #law, #titles, #title #services, #closings, #employment #law, #employee #agreements, #family #law, #divorce, #custody, #support, #business #law, #company #formation, #dispute #resolutions, #commercial #litigation, #estate #planning, #wills, #trusts, #probate, #bureaucratic #processes, #court #proceedings, #legal #concerns, #unpaid #wage #claims, #flsa, #tampa #bay, #clearwater, #st. #petersburg, #pinellas #park, #pinellas #county, #hillsborough #county, #westchase #law,


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Tampa Attorney At Law
Serving the State of Florida

Thank you for visiting Westchase Law, P.A. experienced Tampa lawyers. who recognize the importance of having an attorney in Tampa, Florida who will advise, assist and advocate for you through bureaucratic processes and court proceedings.

We strive to be known in the community as experienced attorneys that provide quality legal services for individual and commercial clients in a consistently ethical, responsible, timely and cost-effective manner.

C. Todd Marks is an attorney who believes in an environment that shows respect and professionalism not only to our clients, but also to our adversaries and their counsel. By doing so we establish goodwill that ultimately benefits our clients.

Tampa Lawyer providing personal attention to your legal concerns in Florida

Westchase Law, P.A. offers individualized attention in a range of civil law matters:

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Westchase Law, P.A. provides legal assistance throughout Florida—many legal matters can be handled by telephone to save expenses for our clients. We are capable of representing clients from Duval to Dade counties. Primarily, we represent clients in Hillsborough, Hernando, Manatee, Pasco, and Pinellas counties.

You need an experienced Tampa Lawyer to litigate your case

Through training and practice our attorneys are comfortable in the court room and familiar with the appropriate pleadings and legal tactics to move a case through the litigation process if litigation is absolutely necessary. Our firm employs a common sense approach to dispute resolution.

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We guide our Florida clients through all legal challenges

Our attorneys employ a common sense approach to dispute resolution and pursues litigation when absolutely necessary. Our lawyers understand Tampa Law. We are comfortable in the courtroom, and we are familiar with the appropriate negotiation strategies and legal tactics to move a case through the litigation process.

Call an experienced Tampa attorney at Westchase Law Today.

Whether you need an experienced Tampa divorce attorney or a foreclosure lawyer. Westchase Law, P.A. provides assistance for a full range of legal matters. For professional and prompt legal service in Florida from an accomplished Tampa lawyer, please contact Todd Marks at Westchase Law, P.A. with your questions.

Westchase Law P.A. is located in Tampa, FL and serves clients in and around Oldsmar, Odessa, Tampa, Safety Harbor, Ozona, Crystal Beach, Brandon, Holiday, Clearwater, Tarpon Springs, New Port Richey, Clearwater Beach, Largo, Land O Lakes, Zephyrhills, Plant City, Port Richey, Belleair Beach, Sydney, Gibsonton, Valrico, Indian Rocks Beach, Seminole, Trilby, Pinellas County.

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File An Auto Insurance Claim #what #to #do #after #a #car #accident, #auto #insurance #claim, #auto #insurance #claims, #car #accident #claim


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Offering a seamless auto claims experience

Being in an auto accident can be stressful. Filing an auto insurance claim shouldn’t be.

We’ve been helping our members with claims since 1926. With all that practice, we can get you back on the road quickly and fairly.

After the accident

If anyone is injured, call 9-1-1 immediately. Otherwise, contact the police department to file an accident report.

If you’ve signed up for Roadside Assistance call 1-800-421-3535 for a tow.

What else to do – and not do – after an accident:

  • Try to stay calm and focused
  • Call our On Your Side ® Claims Service at 1-800-421-3535 or start your claim online
  • Gather contact and insurance information from those involved
  • Collect witness names and numbers
  • From a safe spot, photograph any damage
  • Don’t offer an opinion regarding who was at fault for the accident
  • Discuss accident details only with the police or your insurance agent
  • Don’t leave the scene until instructed by police

Starting a claim

Although all insurance claims may be different, our claims process is designed to handle each promptly, professionally and with minimal inconvenience to you.

You may start your claim online or by calling Claims Service at 1-800-421-3535 .

You’ll be assigned a claims representative to guide you through the claims process and answer any question you may have about your claim.

The representative will:

  • Gather facts about the accident
  • Explain coverages in your policy and your deductible
  • Help schedule an inspection of your vehicle
  • Arrange for a rental car if needed
  • Review your auto insurance policy and explain the coverages that apply

Arranging for repairs

Choose the type of facility that best fits your needs for an estimate or repair. You may choose from:

  • A Nationwide On Your Side ® Auto Repair Network facility. Find one now
  • A Nationwide Drive-In location
  • A shop you choose outside of Nationwide’s repair network
  • A scheduled field visit

If you choose one of our On Your Side shops, you’ll receive fast, seamless service. We work directly with these pre-screened, pre-qualified shops to streamline estimates, repairs, and payments.

If you already have a repair estimate, you can mail, email or fax it to your Nationwide claims representative. If the claim qualifies, we also can work directly with your repair facility, even if it’s not in our Auto Repair Network.

Enjoy the convenience of real-time text updates.

Learn more or call to get started: 1;”>1-800-421-3535


Amend the False Claims Act – The case for amending the false claims act, false claims act penalties.#False #claims #act #penalties


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Main menu

THE CASE FOR AMENDING THE FALSE CLAIMS ACT

MWI Corporation’s experience with the False Claims Act began on August 18, 1998 when a former employee filed a qui tam complaint under seal in Washington, D. C. After reviewing some of the wild and ultimately unprovable allegations in the complaint, Attorney General Janet Reno ordered a criminal investigation. MWI did not become aware of this investigation until April 22, 1999 when two FBI Special Agents appeared at the homes of two employees to serve Grand Jury subpoenas.

The U.S. Department of Justice later abandoned the criminal investigation in early 2002 without bringing any indictments. As a former Assistant United States Attorney I can tell you it is a rare if not unprecedented event for DOJ to conduct a 30 month long criminal investigation and to fail to indict anyone.

In March 2002 DOJ announced that they were going to intervene in the qui tam complaint of our former employee and this was the first time we learned of it existence. The complaint related to $74.3 million in loans from the Export-Import Bank of the United States that MWI used for its business with seven states in Nigeria. DOJ was aware at the time they intervened that the Government of Nigeria had repaid these loans in full and that the U.S. Government had actually made a profit of $33.7 million on the transactions.

Although it was initially unclear, MWI was absolutely stunned to learn that DOJ was seeking damages equal to three times the amount of the loans or $222.9 million plus civil penalties of $580,000. A judgment of that magnitude would have meant instantaneous bankruptcy for what was then a 76 year old family-owned pump manufacturer.

Every one of the 58 times MWI made a shipment to Nigeria under these Exim Bank credits, it was required to file a Supplier’s Certificate with the Bank certifying that it had paid Regular commissions or fees paid or to be paid to our regular sales agent…and readily identifiable on our books and records as to amount, purpose and recipient”. The dispute with DOJ centered around MWI’s reasonable interpretation of the undefined term “regular commission” which was then and remains today undefined.

Former Exim Bank General Counsel, Warren Glick, testified on MWI’s behalf at trial and he stated that he created the Supplier’s Certificate in this manner because the Bank did not wish to get involved in commissions exporters paid to their agents. Mr. Glick further testified that he agreed with MWI’s interpretation of their legal obligations when they filed each Supplier’s Certificate.

Thinking that I might have missed an Exim Bank policy on allowable commissions to be paid by an exporter to their sales agent, I went on the Bank’s web site and did a search for “Policy on commissions”. As I suspected, I found nothing that related to allowable commissions to sales agents but I made a somewhat surprising discovery of Exim Bank’s policy regarding their payment of a commission of up to 40% to their Export Credit Insurance Agents. I was asked about my discovery during my deposition and the very next day the search function on the Exim web site had been disabled. In the summer of 2013 DOJ panicked in an effort to keep the jury from learning about Exim’s embarrassing 40% commission and filed a Motion In Limine to bar MWI from introducing that into evidence. U.S. District Judge Gladys Kessler granted DOJ’s motion with the proviso that MWI could introduce this fact into evidence if they were to open the door.

At trial in November 2013 former Exim Bank Director Dr. Rita Rodriguez testified that in her 40 years of working in international finance she had “never seen a commission as high as MWI’s.” After she opened the door she was then questioned about Exim Bank’s spurious 40% commission which the jury was finally able to learn about.

The Mediation exercise MWI participated in on October 22, 2013 ended up being an exercise in futility. Even though DOJ had possession of its financial statements, they continually made unreasonable demands to resolve the case. DOJ refused to understand that paying the exorbitant amount of money they demanded over a period of years would make MWI radioactive for any bank considering it for a line of credit and MWI had already lost its line of credit because of the prospect of a $222.9 million judgment. MWI finally terminated the Mediation and announced that it would go to trial.

The night before the commencement of trial in November 2013, Judge Kessler reversed an earlier ruling and decided to bar MWI from introducing evidence that the Government of Nigeria had repaid the $74.3 million loans in full and that the U.S Government had made a profit of $33.7 million. The jury later returned a verdict for the Government for $7.5 million which was trebled to $22.5 million. In a post-trial hearing, Judge Kessler reduced the damages to zero based on the fact that the Government of Nigeria had repaid the $74.3 million loans in full and the U.S Government had made a profit of $33.7 million on the transactions. She did, however, impose the maximum civil penalties of $580,000.

DOJ foolishly appealed the offset of the damages to zero and MWI cross-appealed the verdict of liability and the imposition of the civil penalties.

The National Association of Manufacturers filed an Amicus brief in the D.C. Circuit on MWI’s behalf and on November 24, 2015 that Court issued a strong and unanimous opinion in MWI’s behalf reversing the judgment of liability and instructing the District Judge to enter judgment for MWI. The Court even cited Dr. Rodriguez s testimony and the evidence of Exim s 40% commission. The D.C. Circuit subsequently denied DOJ’s petitions for rehearing and rehearing en banc. In September 2016 the U.S Solicitor General declined to file a Petition for Certiorari although the relator did so. On January 9, 2017 the U.S. Supreme Court declined to grant relator’s petition and that spelled the final end of the historic case after 18 years and 136 days.

In the end, MWI was completely vindicated and totally exonerated.

Defendants rarely win FCA cases where DOJ intervenes due to the treble damages club that DOJ swings to bludgeon settlements out of defendants. The MWI case was one of the very rare cases that actually ended up going to trial.

The False Claims Act should be amended to enable defendants who prevail in such cases to be reimbursed for every dollar they spend in their successful defense. Such an amendment will do nothing to enable MWI to recover the $12 million it spent defending itself but it would, hopefully, reign in an out of control DOJ and possibly prevent them from doing to another company what they did to MWI.

The proposed amendment to the False Claims Act is a matter of simple equity and $12 million would be an insignificant offset to the $4.7 billion that DOJ returned to the Treasury in 2016 through their enforcement of the FCA. Please contact your Senators and every member of your state’s Congressional delegation today to urge their support for this amendment to the False Claims Act.

William E. Bucknam, Esq. is the Vice President General Counsel of MWI Corporation. Bucknam oversaw this case from 1998 through to its final successful conclusion in 2017.


Compare Medicare Advantage – Supplemental Plans, MedicareSolutions, medicare telephone claims.#Medicare #telephone #claims


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Statement about HealthPlanOne.com and Privacy

At HealthPlanOne.com, we understand that the process of selecting the right health care coverage for an individual or family member is a personal one. Our goal is protect your privacy while ensuring that you are offered useful and comprehensive information to help you make your decision.

At HealthPlanOne.com, we also understand that relationships are built on trust. So we want to make sure that we clearly disclose to you the kind of information our website may collect and what we do with that information.

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Personally Identifiable Information. The HealthPlanOne.com website (the “Site”) collects two kinds of information that relates to you. The first, and most important to you, is information that is personally identifiable to you. This is information like your name, telephone number, email address, home address and social security number. We do not collect personally identifiable information (“Personal Information”) unless you decide to provide us with it. To be clear, you are never required to provide us with Personal Information but not all of the services we offer will be available to you without that information. For example, we will ask for your contact information if you have requested us to send you information about certain plans or services.

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Since Aggregate Information does not include Personal Information, we reserve the right to use and share this information with others. However, we primarily use this information to customize your experience on our Site, to help us improve the quality of the Site, and to make your use of the Site easier and more valuable to you.

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Trumbull, CT 06611

EFFECTIVE DATE: OCTOBER 7, 2010


Connecticut Insurance Adjuster License #connecticut #insurance #adjuster #license, #ct #adjuster, #ct #claims #adjuster, #connecticut #adjuster #training #


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Connecticut Insurance Adjuster License

Get Your Connecticut Insurance Adjuster License!

Becoming a Connecticut Claims Adjuster can be an appealing profession that can be quite lucrative.

But before you can begin working as an Insurance Adjuster, you must first obtain your CT Insurance Adjuster License.

CT Adjuster License Requirements:

  • 18 years of age or older
  • Be of good moral character
  • Pass the CT state exam administered by Prometric Testing Centers
  • Complete the Connecticut Insurance Adjuster License application and submit with $65 application fee
  • Residents must complete 24 CE credit hours before their license expires, including at least 6 hours in each major line held, and at least 3 hours in Laws/Reg/Ethics. Non-residents do not need Connecticut CE credits. They need only to be compliant in their home state.

Non-Resident Connecticut Insurance Adjuster License

Non-resident applicants for a CT Adjuster License must submit an application. Please visit the National Insurance Producer Registry for more information on Connecticut non-resident licensing.

NOTE: Connecticut will issue a license to anyone (including a CT resident) who holds another state’s license (excluding NY). Through our 100% online Texas All-Lines adjuster licensing course, residents of Connecticut can obtain their CT license without the anxiety of taking the state exam.

Connecticut Department of Insurance – Licensing Division

Recommended Courses and Available Connecticut Adjuster Training

AB Training Center provides approved CT Adjuster training and materials needed to obtain your Connecticut Insurance Adjuster License. We have everything you need to prepare yourself for the Connecticut Claims Adjuster exam. Simply select from the recommended courses below, or search under “Licensing” in the search box thereafter for “Insurance-Adjusters”.

Recommended Online Training Courses


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Easigo – The UK’s Road Accident Claims Expert!

Your insurer offers:

  • A small courtesy car but ONLY if comprehensively insured
  • No courtesy car if yours is a write off !
  • You pay your policy excess- even though you are not at fault!
  • They pick the cheapest repairer
  • No cash in lieu of repair option
  • You run around, sorting things
  • They agree your compensation with the other insurer
  • A similar, or better, replacement vehicle to your own- even if you are only Third Party Insured!
  • No insurance policy excess or any other costs
  • Main dealer or your own choice, of repairer
  • We get forecourt values for your vehicle-even if you have Motor Trade cover
  • We handle all the paperwork and deal with the other insurers
  • Cash in lieu of repair option, if we handle your injury claim
  • We recommend a solicitor who will get you maximum compensation for your injuries

EasiGo Road Accident Claims Offers

We ONLY handle road accident claims from repairing your car and lending you a free one, to getting you maximum compensation for your injuries. We will deliver a replacement vehicle to your home or place of work, and will also organize for your damaged car to be taken to an approved repairer. A damage report will be prepared, assessing whether it is repairable and also giving a replacement value if it is too badly damaged. Even if it is a write off, we will lend you a car until you have been paid out, plus a week to find a new car- most insurers will not supply you with a courtesy car, if yours is written off! Easigo will contact the other party’s insurers, collect police reports and witness statements. Because we deal directly with the other party’s insurers, there will be no effect on your no claims bonus, nor will you have to pay any insurance policy excess. Even if your own insurer has already dealt with your car claim, we can recover your policy excess, if we handle your injury claim. Likewise, if the other insurer is dealing with your car claim, we will handle the injury side for you; – it is never in your interest to accept their offers for injury compensation.

We are able to handle cases where you are uninsured, if there is an injury claim involved. We have offices in Scotland, so can deal with cases there. If you are in Scotland, then click through to our Scottish site, at www.Easigo-Scotland.co.uk. Also, if you are in the UK, and have been hit by a foreign car or lorry, we can handle your claim.

Our claims solicitors are experts at handling road accident injury compensation claims. As well as organizing any ongoing specialist treatment, such as physiotherapy, we will organize for a medical report, and demand maximum compensation. You are NOT obliged to use an insurer’s recommended injury lawyer. If your insurer insists on charging you policy excess, or will not recover other losses, then you are quite entitled to decline their services. Call us, and our lawyers will not only handle your injury claim, but they will also handle ALL aspects of your accident claim; either getting you paid out for your car, or repairs (without having to pay any policy excess) or recovering it for you, if you have already been charged.

All our services are free for our customers, whether you are a driver or a passenger. We operate throughout the UK, and offer a total service, dedicated to getting you back on the road, with the minimum of fuss and bother. We are experts in road accident claims, and make sure that you get the best compensation possible for your injuries, and for your damaged vehicle.


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Short Term Insurance South Africa

Chadwicks Risk Insurance Brokers (Pty) Ltd in Cape Town are independent South African short term insurance intermediaries who specialise in risk treatment and insurance solutions. We guide our clients in analysing their risk exposures, highlighting both the insured and uninsured risks. The result? Clients purchase insurance with total peace of mind, which in turn enables them to concentrate on what they do best – their business.

Mission Statement

Chadwicks aim to position themselves, in the minds of South African business, as a professional short term broker of exceptional quality. To be achieved through sustained operational excellence, underpinned by expert risk analysis, top class personalised service, motivated staff, solid insurer partnerships and an ongoing quest to master insurance processes.

Short Term Insurance Available

The short term Insurance Risk Management Division of Chadwicks specialises in all insurable financial losses, particularly:

Access to the whole South African Insurance Market

We have access to the entire South African short term insurance market, including Lloyds. With the full insurance market available to you, Chadwicks Risk Insurance Brokers place insurance policies designed specifically for you with insurers who understand the risks associated with your business. This ultimately leads to optimum insurance premiums and, even more importantly, no unpleasant surprises at claim stage.

Long-term Insurance Partnerships

At Chadwicks Risk Insurance, we strive to build long-term client partnerships based on professionalism and integrity. We believe that a successful insurance transaction is underpinned by excellent personal client relationships and, in the final analysis, is about the prompt and fair settlement of insurance claims.

Contact Us for Quality Insurance

Please take a moment to view the Chadwicks Risk Insurance Brokers’ website for short term insurance in South Africa. We hope to have the opportunity of presenting our full array of products and services to you (should you not already be a Chadwicks client).


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PHILLIP J. BARKETT JR.

Partner

ATTORNEYS

J. MICHAEL PONDER

Partner

Matthew D. Glenn

Partner

KATHLEEN A. WOLZ

Partner

AUTOMOBILE TRUCK CASES

PRACTICE

AREAS

PERSONAL INJURY WRONGFUL DEATH

DEFFECTIVE PRODUCTS

NURSING HOME NEGLECT MEDICAL NEGLIGENCE

CLASS ACTIONS

VERDICTS

TESTIMONIALS

RESOURCES

PRESS RELEASES

CRUISE CONTROL

Are you more likely to be in a collision at certain times? Read >

Does your location put you at higher risk for a crash? Read >

Our Commitment to Privacy

Your privacy is important to Cook, Barkett, Ponder Wolz. This Privacy Policy applies to the website and to all who visit the website.

Information We Collect:

When you visit cbpw-law.com, an analytics program collects non-personally-identifying information, including the following:

• The date and time you visited our website

• The type of domain from which you accessed the Internet (i.e. com. net. org)

• The website’s files and web pages you requested during your visit

The website analytics program used by Cook, Barkett, Ponder Wolz measures the number of visitors to our website and the page links our visitors use. Cook, Barkett, Ponder Wolz uses this information to collect data in order to make the website more useful to our visitors.

The only personally-identifying information collected via this website is the information which the visitor knowingly provides either through an email message or the site’s contact form. That information is used by Cook, Barkett, Ponder Wolz only when the visitor asks for a response with specific information. Email messages and contact form messages to Cook, Barkett, Ponder Wolz should not contain confidential or sensitive information as the website and its email are neither encrypted nor secure.

Neither visiting this website nor exchanging email with Cook, Barkett, Ponder Wolz will create an attorney-client relationship and will not be covered by the rule of law that protects the confidentiality of communication between client and attorney.

Cook, Barkett, Ponder Wolz does not share, rent, or sell information about its visitors, including email addresses, to third parties.

If you have questions or concerns about this Privacy Policy, you are invited to contact Cook, Barkett, Ponder Wolz online or by telephone at 573-335-6651.

The legal information provided on this site is believed, but not guaranteed, to be accurate and current and is intended to educate visitors about selected aspects of Missouri law, as it impacts Missouri residents. The legal information is summary in nature and does not constitute individualized legal advice upon which site visitors may rely. Because every situation involves different facts, site visitors should consult with an attorney for individualized legal advice and neither take nor refrain from taking action based on materials found here. The choice of a lawyer is an important decision and should not be based soley on advertisements.

U.S. residents in states other than Missouri should be aware that while certain legal principles outlined on this site may be similar to principles followed in their own states, laws can vary considerably from state to state. Site visitors from foreign countries should be aware that the laws in their country may differ very substantially from the information provided here. Therefore, legal information and/or specific advice should always be obtained from a local source.

Neither visiting this site nor exchanging email with Cook, Barkett, Ponder Wolz will create an attorney-client relationship. Cook, Barkett, Ponder Wolz will enter into such a relationship only after meeting with a client, ensuring that no conflict-of-interest exists, and mutually agreeing on essential matters, including scope of representation and fee/expense arrangements. Until we have entered into an attorney-client relationship, any communications to us by a prospective client will not be covered by the rule of law that protects the confidentiality of communications between a client and attorney.

We will endeavor to respond promptly to email, but we will neither accept requests for nor provide specific legal advice by email except to established clients. Both site visitors and established clients should be aware that:

Internet communications including email to or from Cook, Barkett, Ponder Wolz should be considered non-secure and should not be considered confidential.

The Rules of Professional Conduct promulgated by the Missouri Supreme Court require that if a lawyer initiates written communication with persons known to need legal services of the kind provided by a lawyer in a particular matter, the following statement be included in conspicuous print. Although it is unlikely that visitors to this site will be visiting under the circumstances envisioned in the rule, we prefer to err on the side of caution and therefore include this statement: ADVERTISING MATERIAL: COMMERCIAL SOLICITATIONS ARE PERMITTED BY THE MISSOURI RULES OF PROFESSIONAL CONDUCT BUT ARE NEITHER SUBMITTED TO NOR APPROVED BY THE MISSOURI BAR OR THE SUPREME COURT OF MISSOURI.

The laws of other states regarding attorney communications may differ from Missouri’s. If the materials on this site do not comply with the laws of another state from which a client seeks legal representation as a result of communications on this site, we will not accept that representation.


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Workplace accidents: Know your rights to make sure you’re safe on the job

While you are at work, your employer has a legal duty to protect you and tell you about health and safety issues that affect you.

They also have a legal responsibility to report certain accidents and incidents, pay you sick pay and give you time off because of an accident at work should you need it.

The most recent HSE figures, for the period covering 2011/12, showed:

  • 1.1 million working people suffering from a work-related illness
  • 172 workers killed at work
  • 111 000 other injuries to employees were reported under RIDDOR
  • 212 000 over-3-day absence injuries occurred (LFS)
  • 27 million working days were lost due to work-related illness and workplace injury
  • Workplace injuries and ill health (excluding cancer) cost society an estimated 13.4 billion in 2010/11

Reporting an accident at work

Any injury at work, including minor injuries, should be recorded in your employer’s ‘accident book’.

All employers (except for very small companies) must keep an accident book.

An accident book is mainly for the benefit of employees, as it provides a useful record of what happened in case you need time off work or need to claim compensation later on, but recording accidents also helps your employer see what’s going wrong and take action to stop accidents in future.

Under the Reporting of Injuries, Diseases and Dangerous Occurences Regulations (known as RIDDOR), your employer has a duty to report work-related accidents, diseases and dangerous incidents to Health and Safety department at your local authority.

These include deaths, major injuries (for example a broken bones), dangerous incidents (like a scaffolding collapse), people overcome by gas and any other injury that stops an employee from doing their normal work for more than three days.

Although the reporting must be done by your employer, if you were involved in an incident, it’s a good idea to make sure that it has been reported correctly.

Who is responsible?

As well as reporting work-related accidents and illnesses, your employer also has an obligation to to carry out a risk assessment and do what’s needed to take care of the health and safety of employees and visitors.

This includes deciding how many first aiders are needed and what kind of first aid equipment and facilities should be provided.

First aiders have no statutory right to extra pay, but some employers do offer this. Employees must also take reasonable care over their own health and safety.

Sick pay

In most cases, if you need time off because of an accident at work, you’ll only have the right to Statutory Sick Pay. Your employer may have a scheme for paying more for time off caused by accidents, or may decide to pay extra depending on what has happened.

Compensation

If you’ve been injured in an accident at work and you think your employer is at fault, you may want to make a personal injury claim . Any claim must be made within three years of the date of the accident and you’ll normally need a lawyer to represent you. If you belong to a trade union, you may be able to use their legal services. Otherwise, you should speak to a specialist personal injury lawyer.

Some lawyers will take your case on a ‘no win no fee’ basis. By law, your employer must be insured to cover a successful claim and should place a certificate with the name of their employer’s insurance company where it can be seen at work. If not, they must give you the details if you need them.

What to do if you have an accident at work?

  • make sure you record any injury in the ‘accident book’
  • if need be, make sure your employer has reported it to the Health and Safety Executive
  • check your contract or written statement of employment for information about sick or accident pay
  • if there’s a dispute, try to sort it out with your employer

Can you make a claim?

Finding out if you could make a claim is simple, just take the 30 second test below or visit the

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site and find out how much you could be entitled to.

No win, no fee, no fuss.

Freephone: 0800 740 8782