Personal Injury Law Blogs

Companies prosecuted for health and safety failings after fall at work

Two East Anglia companies have been prosecuted after a worker suffered serious injuries after a fall at work.

This case demonstrates that companies should always take health and safety advice and employment law advice from expert professionals. A failure to apply proper health and safety standards in this particular incidence led to serious injuries to an employee.

Two companies, NMH Property Services Ltd (“NMH”) and SEH Commercial Ltd (“SEH”) were in court this week after a former employee of NMH, Mr Constantin-Iulian Pascu, 25, suffered extremely serious injuries after he fell thirty feet through a roof and onto a concrete floor.

The accident happened on 7 December 2011 when Mr Pascu was working for NMH installing solar panels at Bayford Hall Farm with Ipswich-based SEH. Mr Pascu was working at height with an electrician from NMH carrying out the final connection and commissioning of the solar panels when the incident happened. Both workers were climbing on the scaffolding to carry out roof-level checks but Mr Pascu failed to see a rooflight and fell through the persplex window onto the floor below. This resulted in Mr Pascu receiving serious injuries to his spine, pelvis and upper body; he suffered a fractured spine, broken pelvis and lacerations to his upper and lower body. These injuries meant that Mr Pascu was unable to walk without help for four months and was unable to work for six months.

The Health and Safety Executive (“HSE”) was notified of the accident and investigated. This investigation recommended a prosecution of the two companies, NMH and SEH.

he matter came before the Hertford Magistrates Court yesterday. The court heard evidence that SEH had erected scaffolding to carry out the works and had originally installed safety netting to prevent injury to workers from falls. However, the safety netting had been removed on the previous day (6 December 2011) as the works were coming to a close. The court further heard that the NMH electrician had inadvertently smashed a perspex rooflight when he was conducting his work on the 6 December and that the site manager had inspected this, concluding that it did not pose a risk. However, he had failed to notice that the safety netting had been removed and the matter was not reported through the proper channels. Mr Pascu’s fall happened the next day.

Both companies pleaded guilty to health and safety breaches. NMH was found guilty of breaching Regulation 9(2)(b) of the Work at Height Regulations 2005 and SEH was found guilty of a breach of Regulation 13(2) of the Construction (Design and Management) Regulations 2007. NMH was fined £5,000 and ordered to pay £2,219 costs. SEH was fined £15,000 and ordered to pay £4,437 costs.

If you’ve been injured in an injury at work then you may wish to pursue your employer for personal injury. If you choose to pursue a claim then it may be settled through a compromise agreement or you may have to go all the way to court to achieve justice.

Redmans Solicitors are employment law solicitors based in London.

Safety When Vacationing

Your family vacation is the ideal opportunity to relax while reconnecting with your loved ones. Sometimes, in the rush of preparing for your vacation, it’s easy to forget that some simple safety tips and preparation can reduce your headaches, keep you safer on your trip, and reduce your chances of going through a personal injury claim. Although many people believe that personal injury accidents won’t happen to them, it is actually a very real possibility. Injuries resulting from an accident while on vacation can ruin the entire experience, and lead you to suffer for many weeks or months after the incident has occurred. These injuries may also require you to undergo therapy or hire an auto accident chiropractor. Wherever possible, plan in advance to stay safe.

Check Out The Area

Before leaving on your trip, do some investigations about the entire area. Most families tend to focus on attractions and hotel accommodations, but there are other factors that should affect your decision about where you stay. Checking out crime statistics and reviews from other travelers is one way to keep your family away from harm. One of the most disappointing aspects of a family vacation can be arriving to a location that doesn’t match up to your expectations. Make sure that the area is well lit and relatively safe. Not only will your children feel safer, but you will be able to relax much more easily feeling that the entire family is safe and protected.

Stay Alert at Night

When traveling at night, exercise extra caution. One dangerous aspect of many family vacations is the use of a rental car. Not being familiar with an individual car can reduce your reaction time and lead to accidents. Take some time getting familiar with the vehicle during the daytime so that you don’t feel as uncomfortable when the sun sets. Familiarize yourself with your plans for the day before setting out. Although it might seem like old school behavior, invest in a map of the area or print out your exact location to make it easier to find in case you get lost.

Have a Backup Plan

Make sure that you have plenty of extras. Although many places will accept credit cards, it’s likely that you’ve heard a horror story from a family member, friend, or neighbor whose bank or credit card company detected fraudulent activity and blocked the cards during the entire vacation. Always be prepared for such emergencies with traveler’s checks, extra cash, or a prepaid debit card. In the event of an emergency, you’ll still be able to afford your vacation. Take the extra step and contact your bank and credit card companies in advance to alert them of your impending travel locations.

Get Assistance

Finally, appoint someone else to assist you with navigation whenever you are traveling by car. Especially when you are in a new area, it can be frustrating and highly distracting to be looking at a map and determining your next step. If you can ensure that someone else in the vehicle is helping you at all times, you’ll be able to keep your focus on the road and reduce the likelihood of a car accident. Just a few simple preparation steps can put you on the path to an excellent and safe vacation. What safety tips have helped you avoid trouble on vacation?

The Largest Personal Injury Verdict in History: $4.9 Billion

The largest personal injury verdict award in history, $4.9 billion, was given to a group of six litigants, Patricia Anderson and her four children along with family friend Jo Tigner. They were the victims of a fiery crash in a 1993 accident in Los Angeles that caused permanent scarring and injury to the passengers of the family’s 1979 Chevrolet Malibu. The cause of the fire and resulting injuries came from a flawed design of the vehicle’s gas tank, which was placed in a vulnerable area near the rear bumper, making it susceptible to a rear end collision that would either explode or start a fire.

The company found, in an internal study, that the cost of litigating claims for accidental deaths t that resulted from rear end damage was much lower than repairing the known defect ($2.40 per vehicle sold to litigate claims versus $8.59 per vehicle to fix the problem). The internal study, when released in court, provided the bombshell that turned the case in the favor of the plaintiffs. Although the total amount awarded was significantly reduced on appeal and through settlement negotiations, when General Motors filed bankruptcy on June 1, 2009, the outstanding amount due the Anderson plaintiffs was reorganized to payments worth 12 cents on the dollar for all outstanding claims related to the case.

 The Case

The plaintiff, Patricia Anderson, was driving home from her Los Angeles area church after a Christmas Eve service, December 24, 1993, with her five passengers when she slowed to observe a red light signal. A drunk driver traveling at a high rate of speed (between 50 to 70 miles per hour) plowed into the rear end of the Anderson vehicle. The car exploded into flames as a result of the collision and the children suffered major burns.  Ms. Anderson’s five year old daughter Alisha, who was one of the passengers, suffered horrible disfigurement of her face and body and lost her right hand as a result of the accident.

 The Issue

General Motors had been made aware of the problem related to the placement of the gas tank close to the rear bumper and the potential for a fire hazard. In the 1979 model year Chevrolet Malibu, the gas tank was placed a mere 11 inches from the rear bumper although in earlier models, the tank was mounted 20 inches from the rear bumper. The near ten inch difference in the placement of the gas tank meant that the rear of the 1979 Chevrolet Malibu was at a much greater risk exposure to fire than the older model vehicles. Attorneys for the company rationalized that if a death or personal injury were to occur as a result of the gas tank catching fire or exploding, the company can save money by litigating claims as oppose to making the investment in recalling the cars and fixing the problem.

 The Trial

The lawsuit filed by the Andersons was heard in the Los Angeles Superior Court, Judge Ernest G. Williams presiding. At trial, the attorney for the Plaintiffs, Brian Panish, stated in reaction to the jury verdict that the message was sent to companies like General Motors to put people ahead of profits. The lynchpin for the verdict was a 1973 internal memo sent to General Motors management from an engineer with the Oldsmobile division, Edward Ivey, which gave the estimate for litigation of accidents involving the gas tank and setting that figure at $2.40 per vehicle.

General Motors was surprised by the jury award and felt that the gas tank design met and exceeded Federal mandates for safety. Richard Shapiro, who served as one of the attorneys representing General Motors went further to insist that the fault for the accident and subsequent disfigurement of the Anderson children and other occupants of the 1970 Chevrolet Malibu lay with the drunk driver, who was arrested and imprisoned. General Motors also felt that the trial judge refused to allow safety records and other information related to the vehicle that would have influenced the outcome of the jury’s verdict.

 The Aftermath

The amount awarded in the Anderson versus General Motors case set a record for a jury award, which stands to this day. Ultimately the $4.9 billion that was awarded by the jury, which represented $107 million in compensatory damages and $4.8 billion in punitive damages levied against General Motors was reduced and negotiated to a lower amount, due in part to the fact that General Motors annual revenues at the time were $3 billion. Any attempt by the plaintiffs to collect that actual award amount, if it had been upheld, would have bankrupted the company.

This is a guest post by Wruck Paupore Law Firm

A List of Prominent Negligence Cases

In the area of negligence law, there are various Supreme Court cases that every lawyer should know. Jurisdictions depend on a lawyer’s knowledge of these prominent negligence cases in creating a verdict for a plaintiff. Cases like Palsgraff v. Long Island and Byrne v. Boadle should be part of the everyday vocabulary of a seasoned personal injury lawyer. Each prominent case in the field of negligence law has worked to develop the definition of the elements that make up a valid negligence claim. By understanding these cases, a plaintiff can gain an appreciation for the way in which negligence claims function in the judicial system.

Palsgraff v. Long Island

This case involved a fireworks explosion that harmed a plaintiff who was riding on a train. A man had been carrying a package that contained fireworks. He dropped the package by a train, and the shock waves injured a man named Palsgraff who was riding on the train. Palsgraff ultimately sued the Long Island Railroad company for the tort that resulted from this scenario. This case was influential in negligence law for the way in which it defined the “duty of care” that a person owes to another individual. The court ultimately found that the Long Island Railroad company could not be found liable for the injury of this man, because the company could not foresee that the mishandling of a package containing fireworks would injure Palsgraff. The test resulting from this case is referred to as the “Zone of Danger” test. This test maintains that a person only may recover for the tort of intentional infliction of emotional distress if he or she is in the zone of danger in which it is foreseeable that a person would be injured.

Byrne v. Boadle

Byrne v. Boadle is another established case in the field of negligence law. This case established the legal doctrine of res ipsa loquitur. This legal doctrine means that the “thing speaks for itself,” which means that plaintiffs may recover for torts that have been obviously caused by the negligence of another person or business. In this case, a man was walking on the street when he was suddenly hit with a barrel of hay. The barrel of hay had fallen from a flour shop. In Byrne v. Boadle, the plaintiff was unable to offer any evidence that showed the barrel had fallen from the flour shop. From this case, the court held that the flour shop had been in control of the barrel that had fallen from the second story of the building. Because the defendant was in possession of this barrel, there was a presumption that the party was negligent for its falling from the window. The defendant was also found to be the proximate cause of the man’s injuries. Because there was no evidence of intervening forces, it was foreseeable that a mishandling of the flour would cause the injury to the man’s head.

MacPherson v. Buick Motor Company

This popular negligence case established the legal doctrine of the general duty of care that manufacturers owe to members of the public. In this case, a plaintiff was injured due to the sudden collapse of a wheel in his new Buick vehicle. The court held that the manufacturer had a duty to inspect the vehicles that contained this wheel, and that it violated this duty of care in allowing cars to be made available to the public in their defective condition.

Paul Denkins is a freelance writer who concentrates on important legal issues such as Traffic Law, Car Accidents, Personal Injury, Mass Tort, Intellectual Property and other topics as well.

Catholic Bishop Makes Headlines for Hit & Run while Driving Drunk

Bishop Robert McManus of the Roman Catholic Diocese of Worcester, Massachusetts, was arrested on May 4, 2013, for a DUI and a hit-and-run. The other driver followed McManus and called the police to make sure that he was brought to justice. The Bishop stated that the incident was the result of drinking wine with dinner, and he has shown remorse and the desire to face up to the legal consequences.

Incidents such as this one send a big ripple through the church community because religious leaders are held to a high standard. However, McManus’ current legal issues and complete lack of proper judgment illustrate the fact that no one is impervious to the effects of alcohol.

Victims of Hit-and-Run Accidents

If you are the victim of a hit-and-run, it can be very difficult to receive assistance for your injuries and vehicle damage. After all, if the other driver is not identified, there will be no way to sue them or their insurance company. This is one of the many reasons that law enforcement officials and judges tend to view a hit-and-run as an extremely cowardly act.

On the plus side, this viewpoint will cause the responsible party to face serious legal consequences if they are caught. For example, if a driver flees the scene of an accident in New York, they could receive a fine ranging from $250 to $5,000 depending on the severity of the incident, and they could also be sentenced to 15 days or more in prison.

Dealing with a Hit-and-Run Accident

In order to help the police identify the other driver, it is important to pay close attention during the aftermath of the accident. After all, if you are able to memorize even part of the license plate and get a description of the vehicle, it will become much easier for the police to arrest the responsible party.  If you are unable to get a useful description, you should ask any witnesses at the scene if they saw anything helpful.

It is also important to follow all of the standard accident procedures such as immediately contacting the police and, if applicable, filing a claim with your insurance company. Anyone who is injured in a hit and run should also quickly contact an experienced attorney.  As the website of a well-known Syracuse New York personal injury attorney warns, “You may have as few as 30 days to file appropriate paperwork to protect your rights.”

What Should I do if I Left the Scene?

If you hit another driver and flee the scene for any reason, it is imperative to turn back around immediately. It is extremely important to find out if anyone has been injured and is in need of immediate medical attention. Who knows? If you return to the scene quickly enough, the other driver might even agree not to tell the police that it was a hit-and-run.

However, even if you do end up charged with a hit-and-run, you might be able to get some leniency from the judge because you decided to do the right thing. If too much time has passed to simply return to the scene, you should go to the police station and turn yourself in. Again, taking personal responsibility for the accident is the best way to avoid going to jail and paying the maximum fine.

Some hit-and-run accidents can cause serious injuries and even fatalities. If you are injured as the result of another driver’s negligence, you should contact a personal injury attorney for assistance. Once the responsible party is identified by the police, you will have the opportunity to sue them for your injuries and the damage to your vehicle.

Legal researcher Shelby Warden shares this information to raise awareness of serious legal issues in our nation. The Syracuse New York personal injury attorney practice of Bottar Leone, PLLC is limited to severe and complex personal injury claims.  Since serious injuries require serious legal counsel, their trial-ready attorneys prosecute every case as through it will go to trial.

Small Force Can Cause Big Impact

Blunt force trauma is a scary reality that many humans have to face every single day. Throughout history there have been several cases where small amounts of force caused irreparable damage. The problem with brain injuries is that they are so prevalent, and can often go untreated; in fact, brain injuries are one of the leading causes of long term disability in the United States.

Any time a person has damage to the brain, however small, that force to the head can cause harm that may in turn be irreversible. Children are especially vulnerable in this regard. As the brains on children are still developing, it is important that any type of fall or force to the head that causes confusion or loss of consciousness be taken very seriously. Though the damage may not be apparent superficially, the long term consequences to memory and learning can be severe.

The Link Between Alzheimer’s and Brain Trauma

People are suffering brain injuries every single day. While many people suffer from brain injuries, the big risks for brain injury are in contact sports. One recent study concluded that former National Football League players are three times more likely to die from Alzheimer’s and other neurodegenerative diseases. The suicide of former NFL player Junior Seau in May of 2012, while devastating, helped in bringing attention the issue of traumatic brain injury in athletes.  It has been speculated that Seau suffered from Chronic Traumatic Encephalopathy (CTE), a neurodegenerative disease known to be triggered by repeated hits to the head or concussions.

Sports where the head is vulnerable have the greatest risk for potential brain damage down the line. Even small amounts of damage to the head can lead to Alzheimer’s later in life.

A Silent Epidemic

The problem with brain damage is that so much of it goes on behind the scenes. Even though a person may suffer from a blow that seems minor, because of how the brain is situated inside the head, there is a lot of potential for significant long term damage. This is ameliorated by not detecting damage when it occurs. Any time there is a loss of consciousness, for instance, no matter how small the amount of force used, there is a problem.

Mild Amounts of Trauma from Explosions Linked To PTSD and Memory Loss

Mild amounts of force to the brain linked to memory loss, PTSD, and brain damage. This is perhaps experienced most often by both active duty soldiers and war veterans.

The battlefield is a dangerous place. Iraq especially was dangerous because of things like improvised explosive devices. These devices would vary in the size of the explosion from mild to extremely damaging. What is important to understand is that even mild force from a distance can cause damage.

Ultimately, taking damage to the head is never a good thing. Whether the damage is great or small, the consequences can be severe regardless. Usually, the damage from small amounts of force happens much later in life, when people start developing dementia and Alzheimer’s. The key is to be as safe as possible, and to safeguard against risks that would adversely damage the brain.

Byline

Ian Warner, a freelance writer based in Fayetteville, Arkansas, frequently contributes articles on Personal Injury, Consumer Rights, Constitutional Law, Banking Law and other important legal issues.

NFL Changing Their Head Injury Rules: Too Late?

All athletic activities – but high-impact sports, in particular – carry a risk of severe injury during a game. None quite reach the same level of danger as American Football… except perhaps rugby.

A sport where strength and muscle is championed in a gladiatorial manner, it’s hardly surprising that during an American Football game – like the Roman stadiums of old – not everyone leaves the arena in one piece.

But the “big hits” on the pitch have made American Football the multibillion dollar cash cow it is today. Even as early as high school, the most popular teens are encouraged to take up the ball and grapple in the stadium. But recently, there have been calls to protect players from the worst of the potential damage – head injuries.

Cry-Out from Players

Hundreds of former National Football League (NFL) players have been complaining of football-related brain injuries from heavy hits. Due to the constant wipe-outs, it’s thought many players are suffering from a degenerative mental condition caused by ‘mild subconcussive impacts.’ The routine hits players take on the pitch could directly lead to disability, or even death.

Campaign of Disinformation

In an almost Orwellian attempt at covering up the worst of the claims, the NFL was exposed as having conducted a ‘campaign of disinformation.’ The NFL says that such a campaign never existed and that players share responsibility, when they sign their employment terms, for any negative impact on their health.

The question on everyone’s lips is: ‘did the NFL know the risks of cognitive degeneration in American Football?’ And perhaps even more importantly…is the NFL liable for not doing anything about it?

What Can Be Done to Reduce the Risks of Brain Injury?

As we speak, the NFL is considering some new proposals. One of the latest amendments to the game is penalisation of tacklers and ball-carriers who lower their heads to crack helmets together. Concussions are commonplace in American Football, and making small changes could considerably help protect mental health.

Safer equipment and immediate medical treatment are needed to protect players. A helmet has been developed that measures the force of impact to the head during the game. When the force becomes dangerous, players can be removed from the stadium for medical analysis.

Although changes to the way we handle American Football safety won’t help the unfortunates who’re suffering from brain injuries now, there’s no reason why we should ignore future players and protect them from early in their careers, until they retire. Amongst all the head injury compensation claims, we should start listening to players’ concerns.

It’s true that such high-impact sports can never guarantee brain and body protection during games. But just because our 21st century gladiators take big hits in the stadium of their free will, it doesn’t mean that we should neglect our duty of care.

There are worries that American Football will follow Boxing, which became unpopular after brain injury concerns tamed the sport. But surely, the health of our players is a higher priority.

NHS sets aside £17.5 billion for medical negligence claims

After a sharp increase in the number of medical errors, the NHS has set aside £17.5 billion to cover the costs of paying compensation to thousands of people that are set to make clinical negligence claims.

A report compiled by MP’s revealed that there has been a surge of 11 per cent in just one year of the amount of significant mistakes being made by medical professionals. The news comes after Health Secretary Jeremy Hunt announced his plans to make it a criminal offence for any hospital to attempt to cover up any mistakes made its staff.

A vast majority of the clinical negligence expenses arises from birthing negligence, whereby NHS staff are making substantial errors during child birth, leading to lifelong conditions such as cerebral palsy. When a child is afflicted with this because of hospital treatment, they are required to pay the bill for the entirety of the child’s life to cover any additional costs of care; which can be hundreds of thousands of pounds a year. However, with the life expectancy of children with the illness increasing, with the help of modern medical science, the NHS are having to pay an increased amount of money for the care bill as a result.

This calculation of how much the NHS are expected to pay out, comes from a estimation based upon the number of claims that have already been filed, in addition to the number of claims the NHS are expecting to receive that haven’t been made yet.

Robert Oxley, campaign manager of the TaxPayers’ alliance commented on the report saying;

“This bill is a result of individual and collective failure within the health service and should not be tolerated. Keeping hospitals clean and safe through simple measures can save lives”.

Medical negligence is still very much an issue in the NHS that is negatively effecting thousands of people in the UK. It is happening more and more often and anyone that is effected by medical negligence has the right to claim compensation for the unnecessary suffering that it causes. Asons solicitors has a specialist team of medical negligence experts that are hand to give advice and talk to you have to pursue a medical negligence claim. For more information you can visit our website at www.asons.co.uk or phone our medical negligence phone line on 0844 850 1062.

Big Payouts for Work Accidents Hit Headlines

Compensation for accidents at work isn’t always well received and the ‘compensation culture’ that is usually credited with beginning in the UK is feared by a lot of the mass media here in the UK.  Just over the past week we’ve heard of a few cases that have been released under the Freedom of Information Act of compensation relating to a number of supposedly trivial claims.

For example, the Daily Mail reported in one article just last week a £23,000.00 payout to a worker who slipped and a Lancashire school that ended up paying over £700,000.00 for over 100 compensation claims to staff and students.

The criticism of such claims tends to be either that the claim should not have been brought in the first place or that the compensation awarded is too high.

The difficulty is, however, that without knowing the details of these cases it’s extremely difficult for the public to judge whether they think the claim was justified or not.  It is often the case that, an employee is injured during the course of his/her  employment, through no fault of his/her own and the employer refuses to pay his/her wage whilst they remain on sick leave.  The employee gets into arrears with his/her mortgage, he/she can’t pay the family’s utility bills and he/she consequently builds up debts.  This can often be the trigger for making a claim.

The law relating to recovery of compensation in an employer’s liability claim is that an employee should not make a ‘profit’ from the claim, they should only be financially put back into the position that they would have been in had they not had the accident together with compensation to reflect the pain, suffering and loss of amenity (hobbies, walking the dog etc) caused by the accident.

Often, there is a loss of property resulting from an accident at work which can include personal effects like jewellery and costs to cover exceptional medical expenses.  Victims of long-term injuries often need to adapt their homes to cope with their disability or pay for care either short or long term.  All of this has to be factored into the compensation.

On top of these costs are some which are more difficult to calculate.  Loss of earnings is often controversial when an employee is no longer able to continue with his pre-accident occupation due to his injuries.  This means that the court has to try and assess what his chances are of getting another job doing something he would be capable of and what his wage would be likely to be and whether he would be promoted before retirement.  All of this is very much crystal ball gazing but based on statistics and an assessment of the accident victim.

Serious injuries often cause post-traumatic stress disorder which also merits compensation.  Stress is subjective but it does not mean that it should go unrecognised and it is not uncommon for an employee injured on a piece of machinery to develop a fear of returning to that machine, in the same way as a road traffic victim may develop a fear of driving or being a passenger.   In particular cases, negative press coverage can worsen the effects of stress.

Claims for accidents at work aren’t always black and white but the levels of compensation agreed upon are awarded as a result of a well established and generally effective approach used by the courts.   Although occasionally big payouts do find their way into the news, that’s no indication that the claim or amount of the payout was unjust, it’s very often just a case of exceptional circumstances.

Call Anne Scott at Ramsdens Solicitors on 01422 410575 if you have any questions relating to a personal injury claim or email anne.scott@ramsdens.co.uk.

What to Do Following a Work Injury

While being able to support a family without ever leaving the house would be ideal for many, the reality of modern life is that earning living wages tends to require going to the workplace. Unfortunately, not every job is glamorous and some can put workers in significant danger. Whether you’re on a construction site or working security at an entertainment venue, working can present a significant risk of injury from both reasonably foreseeable and utterly surprising circumstances. The severity of one’s injury and the medical care you receive both factor in to how well you are able to maintain your livelihood moving forward. But you may not realize that the actions you take following a work injury can also influence your future.

Despite what you may have seen or heard from media portrayals and television shows, worker’s compensation cases are far from a slam-dunk. Unfortunately, while laws do provide an avenue for employees injured on the job to obtain compensation, there are many potential pitfalls along the way.

The first mistake that many injured workers make is declining to hire an attorney before moving forward.

While the circumstances may seem simple to you, an attorney is necessary in these deceptively complicated matters. Once your injury has been reported, you’ll be faced with a variety of offers to settle or even waive your claim without any compensation. Such offers may seem appealing at the outset, but sadly, your employer and its insurance company may not be looking out for your best interests. Such entities may entice you with quick offers, but those can be difficult to understand and may be substantially less profitable for you than going to court.

An attorney can help you figure out what is right for you and help you understand what lawyers for your employer and insurance company are really offering. Merely having an attorney will indicate that you are serious and can help you obtain compensation without even going to court.

Remember to follow medical advice your doctor provides.

Getting treatment for your injuries as soon as possible is essential not only for your health but for your attempt to secure compensation. After you have received initial treatment or undergone surgery, your responsibility does not end. You need to keep following your doctor’s orders regarding rest, nutrition and medication. If you fail to do so, your employer’s insurance company may try to claim you brought a medical condition upon yourself by ignoring your doctor’s recommendations.

Don’t make any statements or sign any documents without consulting your attorney.

Your attorney isn’t useful only for courtroom conflicts. More than anything else, your attorney serves as a trustworthy guide and advisor and can help you make good decisions. This includes guidance on whether or not to accept a settlement, waive a claim and/or make any statements. In the world of law, particularly worker’s compensation law, every word counts. So even if you think you’re making a harmless statement, you could be inadvertently damaging your claim and reducing your chances of obtaining compensation.

Be open and honest with your attorney.

Your attorney is someone who is on your side and intends to pursue your claim as you direct. Thus, you should discuss with your attorney the goals of the representation and the means by which your attorney should pursue your claim. Don’t try to hide information from your lawyer because you think it may be damaging. Your attorney will be most successful if he or she has all of the information possible relating to your claim. Only then can you two decide how best to move forward and secure compensation.

 

 

Shelly Duell is a blogger for Todd Durham, personal injury and car accident attorney in Lewisville, Texas and surrounding cities. Personal injuries can occur when you least expect it and at the most unsuitable of times. Having a lawyer that truly cares about your well-being first and foremost, completely changes the entire outcome a situation involving injury.