Personal Injury Law Blogs

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.

 

8 Critically Important Post Auto Accident Actions You Need to Know

Car turned upside-down on slippery winter road

Due to the nature of my occupation as a Rhode Island and Massachusetts auto accident attorney, I consistently help the victims of minor and severe auto accidents. Each accident is different, and so are the people involved. This is especially true in Massachusetts and Rhode Island, which just happen to be two of the most accident-prone states in the nation.

Unfortunately, many people who are involved in a Rhode Island or Massachusetts auto accident do not realize that the choices they make immediately following an accident can have lasting consequences on their life. What you do, or fail to do, in the minutes following an accident is extremely important to consider. I place extra emphasis on this fact if you routinely drive on Massachusetts or Rhode Island roads.

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Safe Driving in Pennsylvania

According to AAA Foundation, in the US, every 13 minutes someone dies on the road. Whether you are the driver or a pedestrian, it’s important to keep everyone’s safety top of mind. Although driving feels like second nature after you’ve had your license for years, it’s important to remember the basics in order to protect yourself and others from harm.

Read the following tips to makes sure you are driving safe in PA:

  • Follow the steer clear law. The steer clear law requires motorists to move over or slow down when they enter an emergency scene or approach a disabled vehicle. Failure to move or slow down can result in the fine of $250. Fines for traffic violations are doubled in these areas. Avoid the fine and avoid harming yourself and others.
  • Use your headlights. Motorists are required to use their headlights whenever their wipers are in use due to weather conditions. According to JustDrivePA.org, motorists who do not follow this law can face fines between $25 to $100.
  • Remove snow and ice. By law, you are required to remove all snow and ice from your vehicle before you hit the road. Snow and ice falling from your car can result in accidents, injuries, or even death.
  • Watch the road. Be aware of others around you and keep all of your attention on the road at all times. Adjust your seats, mirrors, and climate controls before you start driving. Set your GPS while you’re still in your driveway before you embark on your journey.
  • Refrain from cell phone usage. Texting and driving is illegal in Pennsylvania and many other states. A single second that you avert your eyes from the road could result in an accident. Take the time to pull over and make a phone call rather than trying to multi-task behind the wheel. For the safety of you and those around you, your cell phone can wait.

Editor’s notes – see also some of Philadelphia’s Best Motorcycle Accident Lawyers in Pennsylvania for more information on relevant attorneys in the area.

Prevent accidents from happening by following these safe driving techniques. For more information and safe driving tips, contact the experts from Bucks County Driving Schools at 215-295-8003.

Pulmonary Embolism Caused by Yaz Birth Control

A pulmonary embolism is a blood clot in the lungs and can lead to a coma, heart attack, and even death. It is a serious condition and there has been a great deal of focus on the birth control pill Yaz as causing this harmful side effect. There are many Yaz lawsuits being filed across the country by women who have taken the birth control pill –not always for birth control, but to help with other conditions as well- who have suffered from a pulmonary embolism.

Increased Risk of Blood Clots

While Yaz is still being studied as to the root cause of pulmonary embolisms, it has already been proven that oral contraceptives increase the risks of blood clots in women by two to even three times compared to women taking other types of contraceptives.

Symptoms of a Pulmonary Embolism

Some symptoms of a pulmonary embolism include chest pain that may make you feel as though you’re having a heart attack. The pain may increase when you try to take a deeper breath or even cough. If you exercise, you’ll notice the pain increase as well, but it won’t diminish when you stop exercising.

Other symptoms of a pulmonary embolism include a cough that can produce bloody sputum, wheezing, a bluish tint to the skin, swelling in only one leg, or a rapid or irregular heartbeat.

None of these symptoms definitely means that a pulmonary embolism has or is forming, but you should visit a doctor immediately is she feels these symptoms coming on.

What Causes Yaz to be a Risky Birth Control Pill?

While Yaz uses many of the same ingredients that other birth control pills and oral contraceptives do, the ingredient that is in question is called progesterone. It is this progesterone, called drospirenone, that is being used exclusively in the Yaz form of birth control. This ingredient has been linked to an increased risk of blood clots among women who use it regularly.

What about Other Birth Control Pills?

There is certainly an increased risk of blood clots for women taking any form of birth control because of the fluctuating levels of estrogen that is in their system. However, given the number of recent Yaz lawsuits, there is a certain level of concern that should be measured with regard to Yaz itself and the Bayer Healthcare company that makes the drug.

Bayer Healthcare denies any such claims that their birth control medication Yaz causes pulmonary embolisms and base their refute on a claim that the risks of taking Yaz are no different than with any other oral contraceptive.

Currently, there are thousands of Yaz lawsuits being filed and as a result, the FDA has begun taking a closer look at the birth control pill. If you or someone you know has been taking the Yaz oral contraceptive, urge them to consider a different drug and check for any possible symptoms of a pulmonary embolism. If there are any possible symptoms, visit your local medical professional immediately.

 

5 Texas Pharmacies with Medical Malpractice Claims Filed Against Them

medical malpractice claims filedWhen you need to have a prescription filled, you might not consider whether the pharmacy you choose is the right one. After all, it’s easy to assume that all pharmacies are essentially the same and that it’s a simple procedure to fill a prescription. Yet there are many things that can go wrong between the time you leave the doctor’s office, hand in your prescription, and pick it up.

Reasons Why a Medical Malpractice Claim Could be Filed against a Pharmacy

There are a number of reasons why an individual may decide to file a medical malpractice claim against a pharmacy or pharmacist. Some of the reasons are due to misconduct while others are simple negligence.

Ultimately, though, it doesn’t matter what the reason because malpractice puts your health (or the health of a loved one) in jeopardy.

A pharmacy could have a medical malpractice claim filed against it because it refused to fill a prescription. Some pharmacists may refuse to fill a prescription because they don’t recognize or can’t find information in their system about a particular doctor, the individual doesn’t have insurance, or the pharmacist has a personal opinion about the prescription or the individual attempting to fill it.

If you have a legitimate prescription, by law the pharmacy must fill it. Anything short of that is considered malpractice.

A pharmacist may deliver the wrong prescription or dosage to the customer. This can cause potentially life threatening situations and is considered malpractice. Always make sure that you check the prescription and dosage against the label on the bottle.

One of the more challenging aspects of a pharmacist today is to cross check any and all files and information available about each customer who is dropping off a prescription. Some medications do not interact well and can be life-threatening. A pharmacist’s job is to ensure that certain prescriptions are not being taken with other medications.

Failing to check for this when information is available may constitute malpractice.

5 Texas Pharmacies Facing Malpractice Claims

Many pharmacies face lawsuits from time to time. It’s the nature of their business, but when a pharmacy follows protocol, procedure, and follow safety measures, the patient will know that he or she is getting the best care possible.

CVS, Walgreens, Target Pharmacy, Kroger Pharmacy, and United Medical Center Pharmacy are just a few pharmacies that have or have had medical malpractice claims filed against them. Does this mean that you should avoid them for filling your prescription? No, but it means that in any pharmacy, whether it’s a small mom-and-pop operation or major chain, you should do your own due diligence before stepping out of the doors with your prescription filled.

Check your prescription, ask your doctor as well as the pharmacist what drinks, food, or other medications you should avoid while taking the prescribe medicine, check with the state board on the pharmacy to ensure that its licenses are up-to-date and read every label carefully.

If you feel as though you’ve been treated unfairly, been denied service, or suspect negligence, report it immediately.

When to Hire an Asbestos Lawyer

It’s a sad fact that more and more people are being diagnosed with asbestos-related illnesses. Companies and construction firms regularly used asbestos up until the 1980s, and because many asbestos-related illnesses can remain latent for years before their victims begin to exhibit symptoms, several people who were exposed to asbestos while on the job or at home had no idea that they were sick until it was too late.

Qualified legal help can draw links between a person’s employment history and their asbestos exposure. High-risk occupations have included Navy yard workers, construction workers, painters, auto mechanics, electricians, power plant workers and hospital workers. Because asbestos was used in home construction, if a person ever performed a significant home renovation prior to 1980 where insulation was exposed, they were also at risk for asbestos-related illnesses. Several household products were known to contain asbestos as well, including products and materials that were fireproof or were otherwise related to fire safety. According to a Rand Corp. report, it is estimated that around 27.5 million people were exposed to asbestos through their occupation between 1940 and 1979.

Asbestos is so poisonous that even second-hand exposure to it could cause health complications in others. According to the National Institute for Occupational Safety and Health, family members of workers who were directly exposed to asbestos also have a high rate of mesothelioma cases. Asbestos dust can stick to clothes and even hair, which means anyone in close contact with someone who was exposed to asbestos or who washed the clothes of someone in direct contact with asbestos is at risk to develop mesothelioma.

If you think you may have been exposed to asbestos, it is important to get a thorough initial medical examination. Your doctor will need your help in compiling your medical and occupational history, and he or she may perform several diagnostic tests in order to determine whether or not mesothelioma is present.

People should hire an asbestos lawyer as soon as they are diagnosed with an asbestos-related illness. The state legal systems have imposed a strict “statute of limitations” that determines how long a victim has to file a personal injury claim or a wrongful death lawsuit. This period of time differs from state to state, and an asbestos lawyer can help to inform you as to how long you have to pursue legal action and what legal rights you have.

Mesothelioma lawsuits can take a long time to resolve, and they aren’t something that should be taken lightly. Many of the companies that are responsible for exposing their workers to asbestos either have gone bankrupt or have been bought out by other companies, which can make determining legal responsibilities difficult for anyone who is not a mesothelioma and asbestos law expert. Be sure to find a law firm that has extensive experience in dealing with asbestos and mesothelioma cases.

Being diagnosed with mesothelioma can be life-altering, and because mesothelioma can lie latent for 50 or more years, it’s likely that the number of reported cases due to negligent asbestos exposure will only increase. Make sure that you and your family get the compensation you deserve by acquiring the services of a good asbestos and mesothelioma lawyer. Most asbestos and mesothelioma attorneys work on a contingency basis, so you only pay for representation if you collect a settlement.

About the Author: Jeremy, an independent writer for LawyerLocator.com, with a particular interest in personal injury law.

Personal Vehicle Towing Liability for RV’ers

As summertime approaches, campers, RV’s and travel trailers start to appear on highways once again. Drivers of towable travel trailers are not required to have a special license to tow or drive RV’s in most instances (see below for exemptions), however, this does not make them exempt from certain legal requirements designed to keep road travel safe for the passengers and other vehicles traveling on the road with them, that’s why it would be important to always have a liability insurance policy.

While states laws regarding towable RV’s and motorhomes vary, federal law applies country-wide.  There are also manufacturer recommended standards that should not be ignored; failure to adhere to these recommendations is not only dangerous, but could increase the judgement or award in the event a lawsuit is filed against you. Negligent towing could also leave you open to criminal charges and your insurance claim being denied, so its best you be sure you get the right tow truck company when need it.

Federal Laws that Apply to RV’ers

The U.S. Department of Transportation regulates rims and tires for RV’s over 10,000lbs.  Federal guidelines also regulate items like tail lights, manufacturing standards, and RV lemon laws.

State Laws

Most states require brakes on trailers over 3,000lbs or weight of trailer exceeds 40% of tow-vehicle weight. There are some exceptions.  Find the laws in your state at http://drivinglaws.aaa.com/laws/trailer-brakes/.

Washington, DC, Wisconsin, and Hawaii require drivers of RV’s over 26,000lbs (Some Class A Motorhomes) to have a Commercial Driver’s License (CDL). Class A and Class B Motorhomes require a special license, depending on state (more info here).

California, Connecticut, Illinois, Kansas, Maryland, Michigan, North Carolina, New Mexico, Nevada, New York, Pennsylvania, South Carolina, Texas and Wyoming require drivers of towable RV’s longer than 45′ to have a special permit. Most states do not allow you to tow a trailer longer than 35′ (NC) or 40′, but some states allow trailers as long as 45′.

Manufacturer Towing Capacity

Vehicle manufacturers designate a number of capacity limits; Payload, (total weight the vehicle can carry in the bed of a truck or in the interior of a vehicle), Gross vehicle weight rating , (total weight of vehicle , passengers and cargo), tongue weight (total weight applied to the vehicle’s hitch), and Towing capacity, (with and without weight distribution).  Understanding the difference between “weight-carrying” and “weight-distributing” maximum towing capacities is essential; a “weight distributing” maximum is the most you can tow with an appropriate weight distribution hitch. “Weight Carrying” maximum load is is the most you can carry without a weight distribution hitch.A Weight distribution hitch is recommended when the trailer you are towing exceeds 40% of the vehicles weight.

Towing in excess of the vehicle manufacturer’s weight limits could not only prove dangerous, but could even be considered negligent. In the event of an accident with an overweight personal vehicle, you could be held responsible for higher awards in a lawsuit for damages to other people, vehicles or property.

Article Contributed by InjuryLawUSA.net

How to prevent injury claims with safety at work

Daytime television is full of commercials for firms offering to represent people in personal injury claims. While the fact that these companies are perceived as actively encouraging nuisance lawsuits is an annoyance to many companies (particularly smaller ones, which struggle to afford legal fees), the reality is that their business is a combination of people trying their luck and people with legitimate grievances. Ironically both sets of claims can often be largely avoided with a degree of forethought and good management practices.

Employers have a duty of care to their employees and must takeHealth and safety at work all reasonable steps to keep them safe at work. The definition of reasonable depends entirely on context and is viewed in proportion to the seriousness of the threat. Many modern work environments have a very limited range of threats, most of which can be avoided by straightforward measures. Ensuring that cables are organized in a tidy way will prevent tripping. It will also help to keep them in good condition, which will help prevent fire. Organizing effective storage facilities (and having clear policies for their use) will also reduce the likelihood of employees tripping over boxes (or injuring themselves by carrying them inappropriately). It will also reduce the likelihood of fire exits being blocked and may very well reduce the amount of flammable material on the premises.

Even in the modern workplace, there are still industries where there is a significant level of risk of injury to employees. Typical examples would include construction, catering and mining. In many cases, minimizing the risk to employees is as much a matter of employee education as it is of providing appropriate safety equipment and facilities. At the end of the day, employers can provide the very best equipment and facilities available in the world today, but they will be of minimal to no use unless the employees know how to use them properly. Making sure that all employees understand the importance of good safety practices, such as the handling of sharps (such as cooking knives and glass-wear) and the correct ways of lifting is a key part of managing these higher-risk environments.

Of course, employees of all levels vary widely in their willingness to adhere to good safety practices, particularly when there is a perception that these practices take extra time or cost extra money. This in itself is a problem which usually needs to be solved by education. Generally the best approach to eliciting the co-operation of employees in this matter is to adopt a carrot and stick approach of explaining the benefits to them and also the risks involved with ignoring the correct safety protocols.

For longer-term employees, this education process typically needs to be ongoing, since it is easy to come away from a training course full of good intentions, but less easy to retain them over the longer term, unless reminders are given. There are many ways of reinforcing the message that safety at work matters to everybody. Many employers place labor law posters strategically around their workplace as a tacit reminder to employees both that the management have a duty to keep workers safe and that workers have a duty to follow safety protocols for their own wellbeing.

Image credit ©Jupiterimages/Polka Dot/Thinkstock

5 Reasons To Vacation In West Palm Beach FL

West Palm Beach, Florida is a top destination spot for visitors from around the world. Even Florida residents enjoy taking weekend trips to West Palm Beach because of its many contrasts. Located in an area referred to as the “Florida Treasure Coast,” you can enjoy a beautiful Atlantic beach, enjoy the charms of old Florida, and immerse yourself in the sophistication of a very modern city.

If you are unfamiliar with West Palm Beach, there are five very good reasons to visit this area.

1. The Beach. What else needs to be said? West Palm Beach is a large beautiful Atlantic beach that is perfect nearly all year long. There is many things to do at or around the beach area, making it the perfect place to spend extended periods of time.

2. The Weather. Because it is located in Southern Florida, West Palm Beach has beautiful weather nearly all year long. If you need to escape winter weather, this is the perfect place.

3. The Arts. West Palm Beach has a very large cultural area filled with art museums, art galleries, concert halls and theaters. You can immerse yourself in nearly any venue you desire.

4. The Food. With a little bit of every style of food available, West Palm Beach is a “foodies” paradise. You can enjoy Caribbean food, European foods, Southern Cooking or terrific Seafood throughout the area.

5. The Entertainment. You can enjoy so many different activities with or without a family in this area that you will never be able to enjoy everything in your allotted vacation time. Most people claim that each time they return to West Palm Beach there is something new to enjoy. They are right.

It is important to remember, however, that West Palm Beach is still a tourist area. This means that there can be heavy traffic and many pedestrians near the road. It is very easy to be distracted while you are driving in this area as you search for your destination or take in the sights.

If you find that you are involved in a car or pedestrian accident, you should immediately call a West Palm Beach auto accident lawyer. This is especially true if you have been injured or you are an out-of-state visitor. An attorney will protect your rights and guide you through this unfortunate occurrence.

Editor’s additions – you can also consider various top Accident Lawyers in Jacksonville Florida here for relevant attorneys you may want to consider hiring for your case.

Because each state has their own laws and regulations surrounding an auto accident, you should contact a local lawyer quickly so that you are in compliance with these laws. You do not want to lose benefits or be held a responsible party simply because you were unaware of the law.

When you come to West Palm Beach, be prepared to have a great time. There is much to see, much to do, and then there is the beach itself. It is located in a semi-tropical climate, and regardless of the time of year you visit, the sun will shine. There is fabulous food to enjoy, entertainment of all types, and you will be pleased if you are traveling alone, as a couple, or with a car load of children.

Anthony Joseph is an author and avid traveler, and is offering this article to help support southern Florida tourism. Steinger, Iscoe & Greene is the West Palm Beach auto accident lawyer firm, that’s known for it’s team of 26 lawyers and 120 case managers. They’ve spent more than a decade protecting and fighting for the rights of victims who have been injured by the hands of someone else.

How Does a Personal Injury Contingency Fee Actually Work?

rhode island personal injury lawyers contingency fee

Most personal injury lawyers work on what’s known as contingency. But most people have no idea what contingency actually means.

According to Nolo.com, contingency is defined as:

“A method of paying a lawyer for legal representation by which, instead of an hourly or per job fee, the lawyer receives a percentage of the money her client obtains after settling or winning the case”

However, lawyers representing defendants charged with crimes cannot charge contingency fees. Also, in most states like Massachusetts and Rhode Island, personal injury contingency

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