Day: October 1, 2018

If you have just come into some land as part of your inheritance and you have heard someone mention that it might be contaminated, then you are likely wondering what exactly that means. According to the government website in the UK, land that has been exposed to lead and other heavy metals, or tar and oils could be contaminated. If the land has been exposed to gases or radioactive substances, then that exposure could also cause contaminated land.

How Is Land Determined To Be Contaminated?

If the land has been exposed to something that will cause harm to the property itself, to animals, or to humans, then it is considered to be contaminated land. If any water on the land is heavily polluted and that pollution could cause harm to animals or humans, then this too would make the area fall under this type of designation. If any aspect of the property has been exposed to something that will do harm to animals or humans or to the property itself, then they are considered this type of ‘special site’.

How Does Land Become Contaminated?

The most common cause is that some type of business polluted the area in the past. This might be a factory or mining operation, or it could be a refinery or steel mill. Another common cause is an old landfill. These types of businesses will leave behind the remnants of their production processes which fills the land and water with pollutants, that are ultimately harmful to animals and to people. In some cases, it could be something that does harm to any property situated on it, causing it to corrode or to become damaged in some other way.

What Happens Once A Property Has Been Determined To Be A Special Site?

If you have a piece of property that has been designated as a special site, then it will fall under the regulatory rules of either the Environment Agency in England, the Natural Resources Department in Wales, or SEPA in Scotland. If the Environment Agency has decided that a piece of property you have falls under this category, then they would determine what the next step would be.

The council will come to a decision on how the land itself should be dealt with. They will hold the people that were at fault for polluting the area, or the owner who allowed it to happen, responsible. That person or persons will then be charged with the responsibility of cleaning it up to an acceptable level. If the responsible parties fail to comply, then the council will send out a remediation notice informing them of when it must be done.

If someone fails to do the necessary things to bring the land up to an acceptable standard, then they could face some type of legal action. For obvious reasons, this is something that should be avoided. The first step is to establish that you are not the responsible party but if you’re unable to do that and held liable, then you should start negotiations e with the council on how the clean up operations should be handled.

This article provides some basic information for you, but we recommend that you check out this useful site as well, plus do other searches about Contaminated land.

According to -, employees in Delaware who are injured on the job or who may suffer from health conditions due to their work such as repetitive strain injuries or lung damage due to continuous exposure to dangerous chemicals are eligible to claim for worker’s comp benefits. In this article, we spell out procedures for pursuing a work comp claim in Delaware. Delaware has elaborate laws and statutes guiding the process of claiming for worker’s compensation benefits by injured employees while in the course of duty.

What to Do Immediately After an Accident

Immediately after the accident or on noticing your condition, you need to file a notice with your employer. Where you sustain an injury on the job, such a notice should be filed within 14 days. Your employer or insurance company will require you to attach or follow it up with evidence from a certified medical doctor in order to process your claim. Chances are you are going to get the benefits, especially if you have followed all the procedures. However, you may also be denied your benefits if you fail to meet the legal requirements.

What Might Cause the Denial of My Claim?

Everybody, including your employer or its insurance administrator, would want to minimize their yearly claims in order to improve their overall bottom line. Therefore, they always look for all possible ways to deny workers’ compensation claims. Nevertheless, whatever the reason they rely on should be reasonable and anchored in law to warrant a denial of benefits to an injured employee.

Below are some of the reasons that insurance companies may use to deny you compensation:

Missed Deadlines

The law requires that an injured employee should report the injuries immediately after which you are required to file your workers’ compensation claim with Delaware state agency. In some cases, employers or insurance companies might take up the matter once the employee notifies them of the injuries.

Your Employer Successfully Disputes Your Injuries

If your employer proves that you weren’t on duty at the time of the accident or that your health condition did not arise out of a work-related accident, you may be denied your claims. In this case, you will need to provide evidence such as witnesses to provide an account of the accident. You might need to ask your medical doctor to provide his or her findings that attribute your current medical condition to your work. If the insurance company objects the medical report, you may need to have an independent examination or opinion of another medical practitioner. In some cases, your condition may fail to meet the minimum threshold of severity defined under the law.

What You Should Do If Your Claim Is Denied

Although it comes with pain, it is ordinary that your claim may be denied the reasons for the denial notwithstanding. If this happens, you need to study the letter keenly to understand the basis of the decision. If you believe the denial was not warranted or that it was due to a few errors in the paperwork you might want to contact a claims adjuster to help you correct the mistake. This may only work if it is your employer’s mistake or that of the insurance company and that they admit the error. If this is not the case, you will be required to consider filing an appeal with the help of a workers’ compensation lawyer, such as -.

How to Appeal a Workers’ Compensation Claim Denial

You will be required to appear for a hearing before the administrative judge. It is at this point that you will present all your material evidence. Different levels of appeal exist with the administrative level being the primary level of appeal.

When Should You Hire a Lawyer?

Pursuing a workers’ compensation claim after it has been denied can be an uphill task. Unless the denial was because of simple mistakes that can be cleared up, it is advisable to talk to a lawyer with experience in Delaware workers’ compensation law. You need to hurry and file your appeal immediately as the timelines are usually very short. Appeals are extremely complicated and filing it yourself may be challenging. The processes follow the ordinary rules of civil procedure and evidence thus only a knowledgeable lawyer would be able to handle an appeal. Remember that an appeal is such a delicate matter and you need to have a highly experienced workers’ comp attorney by your side,-, to increase your chances of winning the case.