Workers’ Compensation and Disability Claims

By on 3-21-2017 in Worker's Compensation

Getting injured does not just result into pain and suffering, as it can also limit your physical capability. If you are a worker, this puts you on a terrible situation. The injury may be severe enough to make you lose time at work, and worse, you are not going to get paid by losing time at the office.

Treatment costs and the loss of earning capability are very damaging financially, but it is good news that there is such a thing called workers’ compensation. Workers’ compensation is a form of insurance, wherein the employee can get medical cost coverage and salary replacement if he or she has been injured during employment. This, however, can ensure that the employee cannot sue the employer because of the injury.

This can be very helpful financially, especially to those workers who have no savings and rely on their month to month income to live by. According to the website of Scudder & Hedrick, PLLC, worker compensation claims can be classified as temporary or permanent. This classification refers to the kind of injury that has been sustained.

Temporary disability claims are for those who have sustained injuries that disable them from working temporarily. These injuries can result into partial disability, meaning that the employee can return to work but with limited functions. They can also result into total disability, wherein the employee cannot work until he or she has been fully healed.

Permanent disability claims are obviously more serious, because these claims involve injuries that disable employees from working permanently. Like temporary disability claims, permanent disabilities can be classified as partial or total.

Temporary and permanent disability claims can be very difficult, as there are companies who will do everything just to deny their clients with the financial coverage they deserve. Sometimes, getting the help of legal professionals who specialize on workers’ compensation is the best action these employees can take.

With the help of medical professionals, employees can identify the extend of the damage the injury has inflicted, and from there, they can get the help of legal professionals to make their claims more thorough and viable.

Traumatic Amputations

By on 1-06-2017 in Personal Injury

A traumatic amputation occurs when a body part is lost because of an accident or injury. The most vulnerable parts include the fingers, toes, arms, and legs. It is one of the most devastating injuries one can have, as highlighted in horror and war movies.

Traumatic amputations are generally classified into two types. Complete amputations entirely detaches the body part from the rest of the body, while partial amputations leave soft-tissue connections that give the possibility of reattachment.

Common causes

  • Agricultural accidents, especially with farm equipment
  • Door accidents in buildings and vehicles
  • Explosions, like those that involve fireworks and gas cylinders
  • Job accidents, like equipment issues and not following safety protocol
  • Traffic accidents, including cars, trucks, motorcycles, bicycles, trains, and pedestrians
  • Weapons like bombs and guns

Initial response

  • Stay calm. Traumatic amputations are very frightening, but being in panic doesn’t help.
  • Stay comfortable. Do not move, especially if it causes you pain.
  • Get help. Contact an emergency service provider as soon as possible.
  • Control the bleeding. Apply pressure to the wound directly. If the bleeding is too great, use a tight bandage in applying the pressure. But do not use it for a long time because it may cause other complications.
  • Clean the wound. If possible, remove dirty materials that has the potential to contaminate the wound.
  • Save the body part. Retrieve the amputated part if possible and wrap it in a clean and damp cloth. Put the cloth in a sealed plastic bag and put the plastic bag in an ice water bath.
  • Keep warm. Use a coat or blanket as cover.
  • Wait. Stay put until emergency personnel arrives.

Traumatic amputations can be prevented by using safety gears when operating equipment, fastening your seatbelt when driving, and just generally being diligent by observing safety precautions.

But sometimes, amputations happen because of someone else’s fault. According to the amputation injury lawyers at Mazin & Associates, PC, these incidents can be subject to personal injury lawsuits.

These incidents are probably the worst kinds of traumatic amputation cases. Because of the negligence of another party, you are the one who has to suffer. Such an injustice deserves legal attention.

Stop Using Hyland Teething Tablets IMMEDIATELY!

By on 10-26-2016 in Hyland's Teething Tablet Lawsuit

With regard to its teething tablets, Hyland’s says that these “have rocked the charts by being the #1 infant oral pain reliever ien America! They make nights bearable, days livable, and truly make the teething years way more groovy. Easy to use, no mess, no fuss . . .”

Hyland’s teething tablets temporarily reduce teething discomfort in babies, such as simple restlessness and wakeful irritability. These tablets contain a small amount of belladonna, which is taken from the belladonna plant, a medicinal, yet poisonous plant.

Besides its use as an ingredient in various types of medications, belladonna is also a homeopathic medicine (in homeopathy, a system of alternative medicine, it is claimed that substances which produce symptoms of a disease in healthy people can cure similar symptoms in sick people). Now, Hyland’s claims that its homeopathic teething medicine is a safe, effective and a natural health solution to easing the pain of teething in infants. This claims, however, are never affirmed by the U.S. Food and Drug Administration (FDA), which rather says that there is not enough proof that belladonna is effective for the uses indicated on Hyland’s product labels. Substantiating this statement from the FDA are various studies and the National Institutes of Health’s (NIH) own statement, both of which say that no clinical trials has ever shown that Belladonna is effective for any type of condition. All agree, though, that large doses of the deadly plant can result to overdose that can result to seizure or even death.

Reports of adverse events that are linked to Hyland’s products have resulted to the FDA issuing warnings to parents, first in October 2010 and, then, again just this September or 2016, to stop using teething products (tablets and gels) and to dispose of any other that may still be in their possession. Following the warning in 2016, the FDA received (in October) reports of 400 cases of adverse events of seizures, vomiting and fever, and 10 infant deaths; the agency is now in the process of investigation the possible link of these cases with use of Hyland’s products.

Many websites now discuss about the effects of the belladonna, in general, and Hyland’s teething products, in particular. These websites, such as that of Williams Kherkher at http://www.williamskherkher.com/practice-areas/defective-pharmaceuticals/hyland-teething-tablet-lawsuit/, offer substantial information about teething tablet lawsuit, symptoms of teething tablet toxicity and how to get in touch with a skilled teething tablet lawsuit attorney, especially if you notice your baby displaying any of the symptoms of belladonna poisoning.

Determining Liability In Amusement Park Accidents

By on 6-28-2016 in Personal Injury

Determining Liability In Amusement Park Accidents

Amusement parks should be an epitome of fun and excitement for its visitors. Millions of people go to these places throughout the year for some all-out fun. For this reason, it is the job of the park owner to ensure the safety of the rides and the whole facility. However, this has not been the case given the spate of amusement park accidents. According to the website of Williams Kherkher, people can be at risk if park owners do not have safety regulations in place.

Amusement park injuries can range from mild to severe such as loss of limbs, neck strain and whiplash, shoulder strain, drowning, severe injuries after being thrown off from a ride, fractures, and others. There are many factors that can contribute to accidents and injuries in these facilities such as loose cables, broken safety harness/belt, design defects, or structural flaws.

Grounds for Liability

There are four possible grounds that you can have to make park owners liable for any injury that you may incur.

1. Negligence

State laws require amusement parks to ensure the safety of their facility. So for any injury or accident, you can hold them liable for their negligence in ensuring the safety of their rides or premises. Just like any negligence case, the plaintiff should prove that the defendant failed to practice their duty of care.

2. Product Liability

A product liability claim may be raised by a visitor if the park owner was found to have not made an action in properly maintaining, inspecting, or preventing injury. The plaintiff must prove that the defendant failed to reasonably care for them or could have done something to prevent the injury from taking place.

3. Premise Liability

The plaintiff should prove that the defendant failed to exercise reasonable care in the construction, management, and maintenance of the park premises.

4. Wrongful Death

In recent years, wrongful death cases involving amusement parks have amounted to $1 million in settlements and damages. Wrongful death cases result from the careless, reckless, or negligent act of another.

Filing The Case

To sue an amusement park, you need to gather evidence such as photographs of the ride or the scene of the accident. You should also take not of any conversations with park employees and what actions you took after the accident.
In addition, you need to seek medical attention so the doctor can fully evaluate the extent of your injury. Make sure to keep all the documents as this will help in determining the total amount you need to claim.

Proving negligence in truck accidents

By on 3-07-2016 in Truck Accidents

Many personal injury cases like truck accidents often base their legal claims in someone’s negligence. In accidents involving commercial trucks, the injured person may find it difficult to get compensations as there are many unforeseeable factors that can contribute to the truckers’ negligence.

A person who suffered personal injuries in a truck accident in Georgia must need to prove all the five elements of negligence for him or her to possibly get compensations needed for recovery. Elements of negligence are the following: Duty, Breach of Duty, Cause in Fact, Proximate Cause, and Damages. A person automatically fails to establish negligence if he or she fail to prove any one of the five elements against the defendant. Commercial trucks have duties to ensure that everyone is safe on the road by complying with safety laws and regulations. Truck companies and their drivers can be considered negligent if they fail or violate safety laws. The website of the lawyers of Ausband & Dumont states that trucking companies may be held financially liable if they are negligent in exercising standard and basic safety regulations. A person filing for a claim should also note that the commercial truck can only be held liable for the injuries that happened after the incident.

Truck companies may not be held liable if the injuries sustained by the plaintiff took place in another day. Truck accident victims should also prove that their injuries were actually caused by the truck companies’ negligent actions. Actions like, violating hours of work, hiring drivers with improper licenses, and failure to regularly train drivers can held trucking companies liable for injuries. Lastly, a person filing for a negligence claim against a commercial truck company or operator should prove that damages have been done as a result of the negligence. Under the law, bodily injuries and physical injury to a property is considered damages.

Speeding One’s Way Behind Bars

By on 10-14-2015 in Car Accidents

There are millions of cars that fill US roads and highways every day, carrying people to different points of destination. The speed, convenience and comfort that cars give passengers have made these the most ideal means of transportation for Americans. However, like any other type of equipment, if cars are not used or driven safely, then bad results are always high possibilities.

One of the saddest things about driving though is that many drivers do not know how to be responsible on the road. Once behind the wheel, many easily forget all the education, training, advertisements and reminders that tell them about safe driving and road traffic rules that will help keep them away from an accident. Due to this, more than five million vehicular crashes occur every year, with at least 30 thousand resulting to death and more than two million to injuries.

According to the National Highway Traffic Safety Administration (NHTSA), the top four causes of car accidents are drunk-driving or driving under the influence (DUI), reckless driving, speeding and driver error. Speeding or driving above the set speed limit is the third major cause of fatal accidents for drivers, car passengers, pedestrians and other motorists. Every time a driver goes above the speed limit, he or she increases the risk of accident and, so, compromising the safety of so many others. This is because speeding, as proven through studies and actual events, reduces a driver’s reaction time to danger, makes stopping or slowing down a vehicle much harder, and lessens a driver’s control over his/her vehicle.

On a website, Baton Rouge personal injury attorneys speak of the physical and emotional repercussions of car accidents. But more than the pain and trauma caused by the injury, knowing that the accident was actually caused by someone who chose to compromise the safety of others simply because he or she felt the urge to drive faster, becomes much harder to accept.

Speeding is something that a person willingly chooses to do. It can cause severe harm on anyone which, otherwise, may not even happen if traffic rules would properly be observed. Therefore, it is of serious importance to take these issues seriously and penalize people that do not observe and respect the laws of the road.

Health Insurer Gambles on the Odds

By on 6-10-2015 in Medical Risks

In a surprise move, and contrary to the majority of its competitors, a health insurance company stands fast in continuing to cover the routine use of morcellators despite restrictions by the regulatory body on its use in gynecological surgery.

The Food and Drug Administration (FDA) issued a succession of warnings regarding the dangers posed by using laparoscopic morcellators for hysterectomies and myomectomies. The FDA went so far as to require manufacturers to add a black box warning to their devices. Large hjealth insurance companies such as UnitedHealth Group Inc. and Aetna Inc. scented danger in the air and restricted or withdrew its cover of morcellation in their policies. Health Care Service Corp. (HCSC), however, decided to hold off on a draft policy that would have made morcellation “not medically necessary.”

Power morcellators have been in use since 1991, and it is a highly efficient and minimally invasive way to perform hysterectomies or myomectomies. This is a good thing for everybody concerned. The devil was in the details.

Laparoscopic morcellation involved cutting up the target tissue into small pieces and extracted through the small incision or throught he vagina canal. Everything would have been fine if the surgeon was able to get everything out, but in most cases small pieces of tissue was left behind in the uterine or abdominal cavity. If the tissue, usually a uterine fibroid mass or the uterus itself, contained hidden cancer cells, the scraps of tissue act like seeds and spreads the cancer. In other words, morcellator use and cancer growth appeared to be linked.

However, this did not scare HCSC into running for the hills. The company is keeping its ears close to the ground, waiting for the first sign of real trouble. They have the support of the American College of Obstetricians and Gynecologists, which wants the patient to have the freedom to decide on what option to take, provided that the doctor tells the patient about the pros, cons, and options for the procedure.

Business Formation: Is a Limited Liability Company Right for You?

By on 4-30-2015 in Business

Starting your own business will involve a long process that can be hard to accomplish. There are important decisions to make and crucial arrangements to be made. After coming up with a marketable idea, the first step of business formation is usually deciding what type of structure works best with your plans. As the website of Arenson Law Group, PC puts it, every type of business structure has its own advantages and shortcomings. It’s important that you learn the nuances that differentiate each type of structure to learn which one suits the type of business you’re planning to run. Only after you have learned about the many types, you can start and make a decision that best suits for you.

One of the legal structures you can consider is a Limited Liability Company or LLC. According to the U.S. Small Business Association (SBA), an LLC provides a legal structure that allows a business to combine certain characteristics that make partnerships and corporations. In an LLC, business owners (called “members”) have limited liability protection, protecting personal assets from lawsuits and debts. The business can also benefit from tax efficiencies and operational flexibility when there are multiple members involved. With an LLC structure, your business will not be considered a separate tax entity. Instead, all the taxes required by federal law will be passed on to the LLC members as part of their personal income tax.

On the flipside to these advantages, the SBA points out that an LLC often have a limited life. Depending on where your business is registered, you might have to dissolve your LLC once a member steps away from the operations. Members of an LLC are also categorized by law as self-employed and will have to follow appropriate policies about tax contributions and similar payments.

It’s important to note that not all businesses will qualify to register as a Limited Liability Company. As mentioned earlier, the structure you choose will depend on what type of business you’re planning to operate. These qualifications and requirements might differ depending on where you live, so it’s best to consult with an experienced business lawyer in your area.

How to File an SR-22

By on 4-25-2015 in Insurance

The United States Census Bureau reported 10.8 million cases of vehicular accidents in the year 2009. This makes painfully clear the fact that accidents are a common problem in America. For their part, the federal government has taken several measures to mitigate the growing number of these accidents and the severe injuries they typically lead to. Among the safety nets put in place by the law is requiring drivers to have appropriate insurance.

Drivers all over America can be covered by different types of insurance. Since policies differ from state to state, their insurance coverage will depend on where they live. The type of insurance required by law will also depend on different contexts or scenarios. For example, there are particular drivers that will be required to file an SR-22.

Unlike other types of insurance, an SR-22 is specifically meant for drivers that have committed traffic law violations. These drivers are typically referred to as high risk drivers and have been suspended from driving privileges as part of the penalty for their infractions. The only way high risk drivers can regain these privileges is if they file an SR-22 form to the Department of Motor Vehicles (DMV), which will prove that they’ve paid for an insurance package that meets requirements mandated by state law.

As pointed out by the website of Habush Habush & Rottier S.C.®, an SR-22 is required of drivers who have committed the following violations:

  • Driving under the influence (DUI)
  • Driving while intoxicated (DWI)
  • Driving without insurance
  • Causing an accident without proper insurance
  • Committing 3 or more violations in a single year

To regain your privileges as a driver, you will need to consult with a trusted insurance company and pay for the policy that’s appropriate for your situation. Once you’ve purchased the required insurance policy, you will have to fill up the SR-22 form and submit it to the DMV office in your area. There are insurance companies that can help you with this process and ensure that you get your privileges right away. Make sure you do sufficient research to find the company that’s most equipped to handle your SR-22 insurance.

BP Oil Spill Claims: Information for Affected Louisiana Non-Profits

By on 4-22-2015 in Oil Spill

It’s no surprise to say that the British Petroleum (BP) oil spill in 2010 left devastating effects for the Gulf of Mexico and the nearby Louisiana coast. In fact, much of the consequences are still felt today—about five years down the road. The environmental impacts are enormous, with the National Wildlife Federation reporting that 14 different species continue to live at risk in their natural habitat. On top of that, the local communities in affected areas are also suffering from heavy burdens due to the devastating effects on socioeconomic life.

Many businesses and individuals in Louisiana are still working hard to achieve some financial stability after the BP oil spill. Similarly, non-profit organizations are also struggling to keep their doors open. As pointed out on the website of Williams Kherkher, non-profit organizations mostly rely on donations to sustain their revenue and operations. Because everyone else in the surrounding area is deeply devastated, organizations concerned with wildlife and environmental preservation, historical preservation, disease research, and education are seeing significant decline in the amount of donations they receive. As such, plenty are considered ineligible to apply for compensation from BP.

Non-profit organizations affected by the oil spill are entitled to file for claims based on BP’s settlement agreement. As delineated in the agreement, non-profits can claim for compensation in the amount of “the different between projected and actual revenue” following the 2010 accident. In certain cases, BP will also reward affected non-profit organizations with a so-called “Risk Transfer Premium,” which could amount to an additional 150 to 250 percent.

Non-profit organizations do a lot to help serve the public. As such, these organizations can easily be considered as an integral part to the socioeconomic workings of their local communities. Because of this, it’s important that non-profit organizations receive immediate help in stabilizing their financial issues. After receiving sufficient compensation, non-profits can do a lot to uplift help solve the issues caused by the 2010 oil spill.