Navigating Work-Related Injuries

By on 5-26-2016 in Personal Injury

We go to work to do a job, complete a task, and further our careers. No one ever expects to go to work and leave with a life-changing injury, or even worse, not come back at all. While your job prepares you with training and safety instructions, accidents can happen, and most of the time, they are not your fault. And even if you can attribute the accident to your own wrongdoing, you might be surprised at how the company can still be at fault.

A woman working for Botanical Food Company suffered from a work-related injury this July of 2017. The woman lost the tips of her index finger and middle finger in this accident. The incident occurred when the tube-filling machine she was working with produced a gap in the production line. The woman saw the gap and wanted to catch up on their slow morning and stuck her fingers in the machine to speed things along and reduce the gap. The woman claims that she did not think of a possible injury that could result from her actions. According to a report on the incident from The Chronicle, even though the company did not exhibit any reckless behavior, they “pleaded guilty to failing to comply with its health and safety duty.”

Even though the woman had been working with this same machine for over 100 hours, it was modified in 2008 and was now lacking a safety guard that would have automatically stopped the machine, rather than remain running while her fingers were inside. The woman admitted to her own foolish behavior, but regardless, the problem could have been avoided. The company was fined with $35,000, and the machine was promptly fixed after the incident.

Just like in this scenario, Williams Kherkher makes note that you can be eligible for compensation, even if the accident was caused by your own actions. It is common for workers to ignore their work-related injuries, but there is actually compensation waiting for you if you take legal actions. The company you work for will try anything to avoid a lawsuit and negative publicity, so you need to make sure that you are not being taken advantage of, and the best way to do that is by hiring a lawyer.

Immediacy is an important factor in your case. While the wounds are still fresh (literally) make sure to record the injuries you receive and take good account into the exact implications of how it happened. Sometimes your company will try to downplay your injuries, or send you to doctors who will under-diagnose you, it is important to go to a doctor that you trust. Often, your injuries can inhibit your ability to work and provide for your family, so it is important to get the compensation you deserve. The more experience your lawyers have, the more precedents they can use in favor of your case. Don’t let your company take advantage of you, or try to persuade you not to take legal action. If you were hurt on the job, no matter who is at fault, there is always some action to be taken.

There are Things that You can Do if You were Injured in a Car Accident because of Another Party’s Recklessness or Negligence

By on 5-26-2016 in Personal Injury

Traffic authorities and professional bikers agree that the safest way to ride a bike is by being part of the traffic rather than by riding on the right edge of the road, very close to the gravel shoulder, as this may be covered with sand or other debris that can cause a biker to fall.

With the number of individuals riding a bike for morning exercise, to run an errand or head down to work increasing continuously, the above information can be a life saver. Equally important with the above information, professional bikers also share the following:

  • When riding a bike, one should blend into the flow of the traffic;
  • One should never zigzag along roads, go from street to sidewalk or weave between parked cars (this means bikers should never make their own road rules, otherwise, in the event of an accident, they may lose their right from receiving compensation as the accident would be due to their own acts of negligence and irresponsibility);
  • Ride on the right side of the street, at least three to four feet from the gravel shoulder. Along this path, other drivers, even pedestrians, will easily see you. Traffic is also slower at the right side of the road, so this will be a safer path, than at the left, where vehicles run faster;
  • Ride, at least, three feet away from cars parked at the side of the street. This is will keep you safe from car doors suddenly being opened or from cars starting and trying to merge back into the flow of traffic;
  • When riding downhill and your bike begins to run as fast as cars, ride in line with them. Pull a bit to the right, when you begin to fall behind and, when passing a car, make sure that you pass on its left side; a driver normally expects to be passed on its left side; and,
  • At a red light or at stop signs, stop behind cars that are already stopped and waiting for the green light. Never stop at its right side (especially if it’s a truck) as it may crush you if it makes a right turn.

Bikers, especially those who ride at night, need to observe many other precautions. But there is no safer and smoother way ever to ride than by observing traffic safety rules and riding with the flow of the traffic. If ever an accident occurs, your personal injury lawyer may be able to fight for your rights and earn for you the maximum compensation that the law allows if you rode this way since this can be a guarantee that you were not at fault in the accident that occurred.

Accessing the web address, http://www.shw-law.com/practice-areas/personal-injury-protection, will take you to a law firm that says personal injury lawyers “know just how devastating the effects of a car accident can be for all those involved. Even seemingly minor accidents can result in serious injuries, ongoing pain and suffering, and significant property damage, leaving accident victims with serious emotional, psychological, and financial burdens. To make matters worse, those who have to contend with these serious side effects often did nothing to cause the accident in question.

Fortunately, there are things that you can do if you were injured in a car accident because of another party’s recklessness or negligence. Filing a car accident lawsuit may be able to help you secure the financial compensation you need to pay for the financial costs of your accident.”

The law firm Karlin, Fleisher & Falkenberg, likewise says, “The kind of medical and rehabilitative care that bicycle accident victims often need to recover from their injuries can impose serious financial burdens on victims and their families. It is with this in mind that personal injury lawyers recommend victims reach out to an attorney as soon after the accident as they are able. They can help you defend your rights as a cyclist and fight for compensation.”

 

Types and Causes of Traumatic Brain Injuries

By on 5-26-2016 in Personal Injury

According to the United States Centers for Disease Control and Prevention (CDC), there are more than 5.3 million people in the U.S. who are suffering from disabilities due to traumatic brain injury (TBI). Every year, about 185,000 are added to their number, while another 50,000 die. TBI is, actually, a major cause of death and disability in the U.S. and in the rest of the world.

Traumatic brain injury (TBI), also called intracranial injury, refers to any type of injury occurring in the brain. It is the result of an external force (a violent blow or jolt to the head) that traumatically injures the brain or which causes brain dysfunction. The three major roots of this external force are motor vehicle accident, falls, gunshot wound and violence.

Traumatic brain injury has many types. These include:

Concussion. The most common type of traumatic brain injury, concussion occurs when the blood vessels in the brain are stretched and cranial nerves are damaged. Its causes include trauma to the brain due to gunshot wounds, a car accident resulting to a whiplash injury, and violent shaking of the head.

Contusion. A contusion is bruising and swelling that affects the tissue of the brain. This injury is usually sustained in car accidents, when the head hits apart of the vehicle, like the steering wheel or an airbag. Among younger individuals, this injury is mostly sports related. Depending on its severity, the symptoms of brain contusion include loss of consciousness that lasts from a few minutes to an hour or longer, immobilizing headaches, insomnia, loss of memory, tiredness, difficulty concentrating, trouble speaking and, if left untreated changes in attitude and behavior.

Coup-Contrecoup Injury. This injury occurs when, due to the force impact to the head, the brain is slammed into the opposite side of the skull, causing the additional contusion.

Diffuse Axonal Injury. This injury is also known as Shaken Baby Syndrome or Abusive head trauma (AHT). Its cause, which includes strong shaking of the head, results to the tearing of brain nerve tissues. This disturbance in the brain can lead to brain damage or death.

Locked in Syndrome. This rare neurological condition, which usually results from a stroke, damages part of the brainstem. In this type of injury, a person remains conscious, however, his/her body and most of the facial muscles, except the eyes, are paralyzed.

Penetrating Injury. Also called open head injury, a penetrating injury occurs when a sharp object, like a bullet, enters the brain and causes a wide area of damage. Penetrating injuries are serious medical emergencies; these can cause either permanent disability or death.

Acquired Brain Injury. This injury to the brain occurs after birth.

Brain injuries require intensive emergency treatment, prolonged medical care or both; it can deplete family resources and savings. Many times, however, accidents resulting to TBI are due to someone else’s actions or failure to act in accordance to what is expected of him/her.

These acts of negligence are the bases of tort suits wherein victims or their families seek compensation for their injured loved one.

As mentioned in the website of Zavodnick, Zavodnick & Lasky, LLC, so much is at stake in the outcome of lawsuits that seek compensation to the damages suffered by victims and their families. While nothing will undo the harm done to victims, the compensation will help see to their proper caring, treatment and continuous medication.

Management Owe Their Employees A Safe Workplace

By on 5-26-2016 in Personal Injury

Keeping construction sites safe and conducive for employees is a responsibility of the management. Workers have the assumption that when they get into their respective cubicles, they will be doing their tasks safely. Unfortunately, according to the website of Scudder & Hedrick, PLLC, workplace accidents are still bound to happen from time to time. Figures from the Occupational Safety & Health Administration revealed that 874 out of 4,251 workplace deaths in 2014 came from the construction industry or 1 in 5 deaths.

New York City construction accident lawyers at Hach & Rose, LLP revealed that construction sites are extreme dangerous and accidents can happen suddenly without warning. For this reason, it is important to put in place safety practices to ensure the protection of construction workers. Here are some tips on ensuring a conducive working environment for workers.

1. Make employees wear protective gear

This is a policy that should be implemented to the letter. No ifs no buts. It should apply to everyone from management down to the maintenance staff. This means that everyone should be wearing reflective vests, hard hats, or safety goggles.

2. Provide safety training

It is not enough to have safety policies. Workers should be made aware and given proper training about these policies. In the first place, how will they be able to work safely and they themselves do not know what a safe workplace is all about. If you do not have your own training department, there are many companies that can help provide the training on your behalf.

3. Post warning signs to hazard areas

In the course of performing their job responsibilities, there is a chance that workers might forget where the site hazards are located. Management should therefore place proper signage to keep the site safe and workers informed about danger areas.

4. Maintain cleanliness in the site

Part of having a safe and conducive environment is cleanliness. How can you promote safety in the construction site if you have dirty bathrooms in the canteen or dirty and cluttered job site? You can assign a maintenance team to ensure that the construction site is clean and tidy.

A safe and conducive working environment can contribute to having highly motivated and happy workers. When they are satisfied with their working environment, everything else follows.

Drinking Alcohol And Its Effects on Driving

By on 5-26-2016 in Personal Injury

Parties and social gatherings will never be the same without alcoholic beverages. Conversations can last a long time when they are done over a glass of scotch or whisky. But when home is still a long drive away, drinking too much can have huge consequences once you get behind the wheel. When driving a car, you need to be alert and decisive and these abilities can be greatly hampered by alcohol drinking.

According to the website of the Sampson Law Firm, drunk driving can lead to serious injuries or even death of innocent people. Figures from the Centers for Disease Control and Prevention revealed that every day, 28 Americans die in car accidents that involved alcohol-impaired drivers. This costs the United States over $44 billion. In 2014 alone, 9,967 people died due to drunk driving, accounting for nearly one-third of all-traffic related deaths. That same year, more than 1.1 million drivers were arrested for DUI.

Alcohol can produce varying effects on different people for a variety of reasons which includes gender, weight, how quickly the alcoholic beverage was consumed, and others. It can also affect your own body on different occasions. Indiana personal injury lawyers would probably tell you that drunk driving is a serious and dangerous offense in the United States. So one of the negative effects of drunk driving is possible jail time, revocation of license or get fined.

Aside from legal ramifications, drunk driving can also subject you to financial burdens especially if you sustain injuries. If your drunkenness resulted in the death of another person or damage to a property, then you could be facing claims as well. And if seeking future employment, your DUI will show up during background check blowing any chance of getting hired for a future job.

When driving, you use your hands, eyes, and feet to control the car. However, all controls come from the brain and this is severely affected when you are drunk. Alcohol can impact the following skills as well:

  • Reaction Time – Alcoholic beverages can affect your reflexes thus decreasing your ability to quickly react to changing situations
  • Vision – When you are drunk, chances are you can have blurred vision. Alcohol can alter eye movement and visual perception.
  • Tracking – When drunk and driving, you will have difficulty judging where your car is on the road as well as the position of other vehicles.
  • Concentration – Alcohol can also cause you to lose attention due to drowsiness.
  • Comprehension – Drunk driving can also decrease your ability to make quick and ratioanl decisions.
  • Coordination – Alcohol can have an impact on your eye/hand/foot coordination which is important when driving a motor vehicle.

Drinking is not bad as long as you do it moderately. But if you need to drive, don’t drink. Remember alcohol and driving do not mix.