Workers’ Compensation and Disability Claims

By on 4-22-2015 in Oil Spill

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 4-22-2015 in Oil Spill

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 4-22-2015 in Oil Spill

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 4-22-2015 in Oil Spill

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 4-22-2015 in Oil Spill

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.