What is Workers’ Compensation?

You are diligently doing your job at the office and you suddenly get injured because of an accident. The injury is severe enough for you to miss time at work, and therefore, also losing your chances of earning money for yourself and your family.

Workers’ compensation exists so these types of incidents will have minimal financial impact on employees. Workers’ compensation is a type of insurance that can cover the treatment costs of injuries and illnesses that have been sustained while at work, salary replacements so the employee can still get paid despite his absence or minimal functionality, retraining costs, and other monetary fixes to possible damages.

What makes workers’ compensation so good is the fact that it eases the minds of the workers, because accidents and injuries will not put them on a financial burden. But in exchange, they cannot sue their employers for the damages. It is therefore fair to say that workers’ compensation benefits both employer and employee.

But it is important to note that there may be legal complexities regarding workers’ compensation. In fact, there are even legal professionals out there who specialize on these types of cases because of their complication, such as those from Scudder & Hedrick, PLLC.

There are also instances where workers’ compensation claims are denied, such as when it is proven that the employee has been negligent and has caused his own accident and injury. For example, if an employee has breached a safety procedure on the job and an accident and injury has occurred, his workers’ compensation claim may be rejected.

But once the claim has been approved, he may be able to enjoy the coverage of medical costs, salary replacements, and other aspects that can be covered according to the jurisdiction and its laws.
The salary replacement can also be complicated, as the equation for their computation may differ depending on the severity of the accident and injury. But the equation typically considers 2/3 of the employee’s salary, and the replacement can be temporary only if the injury is not serious or permanent if the injury is significant enough to affect the victim’s life forever.

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Dangerous Proposals from Trucking Companies

Records from the National Highway Traffic Safety Administration (NHTSA) for 2013 show 3,964 fatal semi-trailer accidents and 95,000 others resulting to injuries. Despite this alarming numbers, the government remains cautious on imposing too many restrictions on trucking companies and truck operators due to the major contribution their huge vehicles give for the growth of the U.S. economy. In other words, imposing additional laws and restrictions on truckers may only cripple the country’s ability to do business.

The U.S. government has always shown its reluctance in burdening truck operators with higher taxes or in mandating that drivers be given higher wages. Well, let this be the case, at least for now. However, what it should never do is let its guard down against trucking companies’ lobbyists who are seeking and fighting for reforms on laws that will have a direct effect on the safe operation of big rigs, like, reforms on requirements on the qualification of applicant drivers, number of hours or service, safety standard for truck parts, size limit of double trailers, and, maintenance of a record that will show regular truck inspection. This is because specific proposals by trucking companies’ lobbyists include:

Extension of work hours from 70-hour per week to 82 hours a week.
Trucks be allowed to haul loads heavier than the present federal limit, which is 80,000 pounds (one way to do this is to allow trucks to have longer double trailers); and,
Labor costs be reduced through the hiring of lower-paid drivers – those as young as 18;

A lot of trucking companies and truck operators face the problem of completing job runs and ensuring timely deliveries due to shortage in the number of qualified drivers. To keep their business in operation, many operators and employers have resorted to hiring unskilled drivers, besides no longer screening applicants for past records or driving violations, taking no action in punishing drivers who incur traffic violations, and requiring some drivers to drive longer than the allowed number of service.

Errors committed by drivers behind the wheel can have catastrophic results; so too are the errors committed by trucking companies and employers. Trucking companies are legally responsible in making sure that laws regarding employee hiring and safe vehicle operation are strictly observed, as this will greatly affect the well-being of everyone on the road. If and when trucking companies fail to uphold these standards, then they can be held financially responsible for their failure to act in accordance with the dictates of the law.

Thus, as explained by the law firm Habush Habush & Rottier, S.C. ®, “A trucking company has a responsibility to properly train and screen their employees, keeping potentially dangerous drivers out of a position which would place them in control of a massive and potentially dangerous motor vehicle. If a trucking company fails in these duties, it may bear legal liability for the consequences of accidents which occur.”

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Are Injury Lawyers Necessary in Personal Injury Claims?

Regardless of the reason for a personal injury claim, anyone who has been injured due to another person’s reckless or negligent actions has the right to sue the person responsible and get compensation for the damages that the incident caused. Compensation can be either settled or via a formal court-based lawsuit, but what really is something to consider is whether it is wise to hire a personal injury lawyer or just forgo it can file the case independently.

While it is true that not all personal injury claims require the help of an injury or accident lawyer, it is nevertheless vital to consult with an attorney first before filing an injury claim or suing the at-fault party. There are certain factors that will affect the outcome of your case, and can also determine whether you need to hire an attorney or not. One of the things you need to look into is to check if the state you are in is a no-fault state. Such states will allow you to file for an injury claim if your injuries have reached a certain level on grounds of severity or cost of treatment, depending on your state. Minor injuries may not require the help of personal injury attorneys, but hiring them may be necessary if the injuries may seem significant enough to step outside of the no-fault rule. Another aspect to look into is to see if you are already receiving the maximum amount that your insurance policy allows. According to the New York personal injury lawyers of Hach & Rose, LLP, if you believe that compensation being offered to you is not enough to compensate for your damages and that the defendant has money and assets to provide for a more fair compensation, then it may be crucial to hire a lawyer.

In situations where the injuries seem minor, hiring a lawyer may still be a good decision if: (1) minor injuries have the potential to result major injuries in the long run, and the compensation being offered may not be enough to cover for long-term medical treatment, and (2) if you experience “pain and suffering” after the accident that may lead to emotional or mental stress which could become a hindrance to your everyday life.

Regardless of the extent of injuries and the laws in your state, consulting with a personal injury lawyer can be a fruitful endeavor since they can explain to you the full extent of damages that you are entitled to and provide you with more legal options. Houston personal injury lawyer, Ali Mokaram, states that hiring personal injury attorneys can make negotiation and settlement easier, and give more gravity to your claims.

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Everything You Need To Know About Birth Injuries

The coming of a baby is one of the happiest moments in the life of a parent.  When the expected date of delivery of the mother arrives, loved ones are praying and hoping for a safe delivery. Occasionally, however, somewhere along the delivery process, something could go wrong and the baby could suffer birth injuries. The website of Karlin, Fleisher & Falkenberg, LLC reveals that when the baby is injured, long term treatment may be necessary. Here are some things you ought to know during delivery:

  • Many newborn baby suffer minor injuries during birth
  • In some instances, nerves can be damaged or bones broken
  • Birth injuries heal by themselves even without treatment

There are various factors that can cause birth injuries in the child. Aside from the size of the baby and their position, other risk factors that could lead to birth injuries include:

  • Large babies. If the weight of the baby is more than 4,000 grams (8 pounds, 13 ounces)
  • Prematurity. Babies born prior to their 37th week are more likely to get birth injuries due to their fragile bodies.
  • Cephalopelvic Disproportion (CPD). This condition happens when the size and shape of the pelvis is not sufficient for the baby to be delivered through the vagina.
  • This refers to difficult labor or childbirth
  • Prolonged labor
  • Breech Delivery. The baby is delivered in an abnormal position. For example, buttocks first.
  • Instrumental Delivery. The baby was delivered using various instruments such as mid-cavity forceps or ventouse delivery for deep transverse arrest

Other risk factors may include:

  • Primagravida
  • Short labor which could mean precipitate delivery of a prematured baby
  • This happens when there is not enough amniotic fluid was produced
  • Congenital abnormalities especially when the child has an enlarged head

The good news is that the incidence of birth injuries is much lower now than in previous years due to improved prenatal assessment using ultrasonography.

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Home Health Care

In the event of an injury or illness that requires regular attention, such as the deteriorating health of an elder, Home Health Care is an option to be considered. This program’s main focus revolves around both the emotional and physical well-being of elders that will be cared for while home-bound. The care provided in a nursing home can be brought to the patient’s house if they want to keep their independence and an attachment to the life they’ve built at home.

According to SeniorAdvice.com, there is a wide variety of services that Home Health Care offers, such as medical treatment for illnesses or wounds, physical therapy, behavioral therapy, and assistance with home or personal tasks. Caretakers can be a patient’s mean of transportation for doctors visits, all the while maintaining a form on connection between elders and their doctors as they progress in home-based treatments. Those who tend to the needs of their patient are dually equipped with a compassionate nature and medical practice, thus enabling them to properly care for someone of an unstable emotional or physical health.

A senior citizen who isn’t ready to leave their home but needs assistance with their healthcare may be eligible for Home Health Care benefits. Medicare and Medicaid are two forms of insurance that support the program, Medicare’s eligibility being the lowest of the two options. For those using Medicare, the patient considering Home Health Care must be receiving regular service from a doctor, approved for intermittent nursing care, under the care of a Medicare-certified agency, and officially homebound. However, Medicare supports neither 24-hour-a-day services, nor homemaker and personal care tasks if they are the only required service or are unrelated to a care plan.

If a loved one is reaching a decline in their well-being and requires regular care, and especially if that elder prefers to live independently, Home Health Care might be a program worth looking into. With benefits that sustain the normalcy and good health of the patient’s life, Home Health Care bring care and medical attention from the hospital to the home.

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Defective Products

A current judgement for the plaintiff that filed fit for acute injuries due to a flawed table saw illustrates that all of U.S. stay merchandise that could cause injury that is grievous in the most unexpected manner around.

Naturally, a stand saw is inherently harmful, which is the reason why woodworkers treat it with all the caution it deserves. However in the case mentioned previously, 30-year old Brandon Stollings was using a Ryobi Model BTS20R table saw that kicked back, something he couldn’t have guarded against along with an item deficiency that may have been easily remedied by including a riving knife(a bent metal) to the look of the saw to stop kickbacks. As pointed out in the website of the Hankey Law Office, customers possess the right to expect that the merchandise they use is not dangerous. Stollings lost an index finger and part of two hands in the 2007 incident. It had been simply one of many product liability cases that affected kick back episodes with faulty dining table saws, lots of which were just equipped with the riving knife fix in 2010.

Several manufacturing companies break their duty-of-care with their buyers as they’re averse to really go through the additional trouble and expense of production processes that may cause injury to consumers or changing merchandise designs. Manufacturers just take action when they can be taken to publication with action at law.

It’d be infinitely preferable to avoid such events completely while a settlement is accessible to people who suffer trauma from product flaws. Stollings was given more than $1 million in damages but might probably have preferred to keep his fingers.

This was the case with table saw producers, which had recently been warned in 1998 from the Consumer Product Safety Commission that the existing security features in their saws were unsuccessful. This would be interpreted by an injury lawyer as a resistance to change as well as a violation as manufacturing companies in their duty of care, and present it as a result throughout litigation.

You can have a case from the maker together with the distributor or retailer if they’d known about the flaw but failed to alert you about them in case you have already been hurt by means of a product defect that may have easily been avoided by the manufacturer. If a defect has happened with the product you have, it is more than likely other people are experiencing this same defect.

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Premises Liability

Construction is a complicated, lengthy, and often dangerous process. It takes months and sometimes years to ensure that a building is safe to inhabit and then many years of upkeep to ensure that it stays that way. As this is such a complicated process there are often many issues that property owners can encounter when ensuring and maintaining the safety of their building. According to the website of Louisville personal injury lawyers at the Sampson Law Firm, some of these more common issues include: “elevator / escalator injuries, porch collapse, stair collapse, fires, toxic molds, lead paint exposure, mercury poisoning, pesticide exposure, swimming pool injuries.”

Issues with stairs, elevators/ escalators, and other elevated surfaces such as porches often point to an error in construction. If a victim is injured in one of these areas, it is often because of a fault of the structure’s design or a more recently developed flaw in the buildings structure due to unforeseen circumstance or simple wear and tear. These become more likely as a building becomes older and more frequently used.

The development of toxic molds, lead paint exposure, and less common occurrences such as mercury poisoning and pesticide exposure rarely occur shortly after a building is constructed. These problems often develop overtime as the building experience changes and its environment is altered. It is important that constant vigilance is practiced by property owners to ensure that these issues do not develop over time.

Injuries resulting from these dangerous circumstances can be severe and in the worst cases, life altering. Unfortunately, many times that an injury or death results from one of these issues on a premises, it was entirely preventable. In some cases, these injuries or health complications were the result of the carelessness or negligence of a property owner. If this is the case, certain damages may be owed to the victim involved.

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Dosages of Zofran

When taking Zofran to ease neausea and vommiting, it is important to take the correct dosage. There are certain guidelines for taking zofran, as well as actions to take if taken incorrectly. While zofran poses potential health risks when taken under certain circumstances, it can also be effective when needed.

Zofran is typically used during chemotherapy and radiation. It should be taken 30 minutes prior to chemotherapy treatment, and one to two hours before radiation treatment. However, not all doctors advise taking medicine before surgeries, so consultation prior to consumption is necessary.

Once prescribed, the drug can be taken 3 times a day for 1-2 days post-surgery. Doctors will prescribe dosages based on an individual bases. Different amounts work for different people, and the range of those in need can be from a young child to grown adult. Based on age, weight, and individual situation, doctors judge each situation uniquely. Every patient should take Zofran exactly as prescribed, both in dosage and schedule.

If a dose is missed, take it as soon as possible unless the next one is soon. However, additional consumption of Zofran can lead to an overdose. If an overdose occurse, emergency medical help should be sought. Symptoms of this can include constipation, fainting, or loss of vision. If any of these happen while taking Zofran, call 911 or the Poison Help line.

The website of Williams Kherkher law firm recognizes the impacts Zofran can have. When dosages are taken correctly, the drug is an effective tool in easing the patient’s post surgery sufferings. To yield maximum benefits, consumers should take it responsibly according to what the doctor prescribes.

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Zofran: Temporary Relief, Lifelong Grief

There is hardly any other task on this Earth that is as physically demanding as that of which a woman must suffer, must endure in order to create a child within her. Some ancient cultures of the world have even deemed it as a disease as for nine months, a woman must produce and provide for two lives as a little human sucks the health from her in order to be fully created and developed – and live healthily she must, for both their sakes. And ever more taxing is this process when the mother in question must continue to work on, as if this were not work enough as it is.

Fortunately, modern medical innovations have paved the way for medication that allows for this process to be a little easier to endure for the mothers for symptoms such as nausea. Unfortunately, some manufacturers of these would-be hero drugs are not quite as careful in the formulation as they ought to be, causing further strain and stress for the mother and her child. Why? Defective drugs taken by the mother could provide lifelong medical complications for the child while still in the womb. These are called birth defects.

For example, pregnant women are often susceptible to a form of nausea more commonly known as morning sickness. Endless or excessive retching is not just uncomfortable but also possibly dangerous, due to the fact that it could mean that is more output of essential minerals instead of input. Zofran is often a drug used by cancer patients in order to relieve them of intense nausea and this drug is also often prescribed to pregnant women with severe morning sickness.

There has been some evidence however, according to the website of Williams Kherkher, that links the consumption of Zofran by pregnant women with possibly life threatening birth defects in their children. If this kind of situation has happened to you and it can be proven that your child’s birth defect was a consequence of taking Zofran, the manufacturers of the drug can be held legally and financially responsible for the ordeal.

Contact a professional and reliable legal team in order to know the next best option to take from there.

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Reducing Instances of LTD through Functional Capacity Training

Some companies are able to do much better than other firms when it comes to hiring new talents to fill up vacant positions. This is because, rather than spending so much time browsing through resumes and spending even a longer time giving tests and interviewing prospected applicants, these companies rather entrust the selection and hiring of the best people, who can man the job, to functional employment testing firms.

According to the website of WorkSTEPS, employers who have sought these services have all experienced decreased turnover, increased worker productivity, safer work environment, reductions in lost time, diminished incidence of fraud and abuse, reduced modifier rates and workers’ compensation premium, and reduction in group health costs.

This is because functional employment screeners try to match jobs with candidates who can physically perform them. Thus, no job is offered to a wrong applicant and no applicant is ever offered a wrong job.

Being able to provide a job that perfectly fits the skills, capabilities, interests, stamina, etc., of the applicant is vital, especially when coupled with a focus on injury prevention rather than injury management. This eventually leads to the creation of a workplace that guarantees production and higher profits rather than incidences of violations of the workplace safety rules enforced by the Occupational Safety and Health Administration (OSHA) which can only increase instances of accidents that cause long-term disabilities (LTDs).

Purchasing a long-term disability (LTD) insurance plan can, at times, prove more important than a life insurance. This is because an LTD coverage can provide an injured individual the financial benefits that can temporarily replace lost income due to the disability (usually about 45-60% of the person’s wages).

In the event of an LTD, however, it is also necessary that the injured seek the help of a highly knowledgeable and skilled long-term disability lawyer when making insurance benefits claim. The website of the Hankey Law Office explains that many insurance companies employ tactics that will enable them either to delay or deny payment of benefits to disabled clients. This reluctance is obviously due to their desire for profitability; the greater the better. With legal representation, though, the victim’s lawyer will know how to legally argue against an insurance firm’s reluctant move to pay for the benefit of the disabled policy holder.

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