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Workers’ Compensation

Posted by on 7-07-16 in Workers' Compensation | 0 comments

Each type of working environment presents it own brand or risk of accident-causing injuries to employees. Risk of accident, however, which cause severe injuries or even death, is always higher in construction sites than in any other workplace.

Some of the causes of dangers construction workers are exposed to everyday, include hazardous substances, sharp and heavy tools, heavy duty vehicles and machineries, great heights, hazards from ladders and scaffolds, electrical wirings and excavations and trenches. All these, plus the carelessness of some workers and their failure to strictly comply with job safety laws, result to accidents, which are actually preventable.

During the early part until the mid of the twentieth century, workers who get injured on the job had to file a civil or tort suit against his or her employer and prove that the cause the injury was the employer’s negligence. This was for the purpose of claiming compensation for all damages the injured worker suffered from. In1949, as the Workers’ Compensation program was enacted in all states, injured workers were finally provided with a solution to the financial problem they also might suffer from in the event of an injury.

Workers’ Compensation program, also known as Workman’s Compensation Insurance or Workman’s Comp., is enforced and controlled by the states. This insurance type of program varies among states in terms of who may be allowed to provide insurance, the types of injuries or illnesses that can be considered compensable, and the benefits claimants can receive.

Workers’ Comp is designed to provide financial benefits to workers who get injured on the job or who develop a work-related illness. Benefits include cash payments, to partially replace lost wages, and medical treatment. Financial benefits are immediately given to qualified claimants regardless of who was at fault for the injury or illness.

Many claimants, however, according to the law firm Scudder & Hedrick, PLLC, experience great difficulties in getting these benefits offered under the Workers’ Comp program. This is because many applications are rejected due even to very minor mistakes.

Receiving the benefits offered under the Workers’ Comp program is very important for injured workers. It can be to their advantage if they would seek the assistance of Workers’ Compensation Lawyers to easily have their application approved.

Drunk-Driving: A Continuing Serious Traffic Violation

Posted by on 3-03-16 in Car Accidents | 0 comments

According to the Centers for Disease Control and Prevention (CDC), in 2012, an estimated 29.1  million people admitted to having driven their vehicle while under the influence of alcohol – this is in spite of the continuous educational programs, ads and warnings on drivers from the federal, state and local government agencies and various private concerned groups. Immediately the year after, 1,171,935 drivers were arrested due to intoxicated driving or driving under the influence (DUI).

It may be some form of luck if one compares the number of people who drive while impaired with the number of fatal accidents due to alcohol-impairment in 2013 and 2014. Looking at the data from the National Highway Traffic Safety Administration’s National Center for Statistics and Analysis (NCSA), alcohol-impaired-driving fatalities in 2013 was 10,076, while, in 2014, the number went down to 9,967.

What makes drunk-driving accidents totally upsetting and infuriating is the fact that these accidents could have been easily avoided had people only complied with the anti-drunk driving law. While this law has set the limit of blood alcohol concentration (BAC) level at 0.08% (may be reached after about 4 alcoholic drinks within an hour, according to the CDC), many studies have proven that, at 0.02% (about 2 alcoholic drinks), a person’s ability to perform two tasks at the same time may already be reduced; other effects include decline in visual functions and some loss of judgment. This means that any driver who registers a 0.08% (or higher) BAC level after he or she is pulled over by a traffic enforcer will be considered alcohol-impaired and charged with DUI or DWI. (According to the CDC and Mothers Against Drunk Driving, MADD, it will take about an hour for an average person to metabolize a standard drink. A standard drink can mean a 12-ounce bottle of beer, 1.5 ounces of distilled spirits or 5 ounces of wine – all contain the same amount of alcohol).

Alcohol weakens a driver’s mental capacity and motor skills. Specifically, it affects a driver’s perception, judgment, coordination, reaction time, and overall ability in keeping his or her focus on the road. With weakened or impaired control over his or her skills, risks of accident and injury increase; this is basically the reason why drunk driving is considered a major traffic offense.

The millions of arrests and thousands of fatal accidents every year only show how obstinate or careless so many drivers are and, despite the considerable resources that have been dedicated to keeping intoxicated drivers off the road, the website of the Karlin, Fleisher & Falkenberg law firm says that, impaired driving remains to be a serious problem in the US.

Different Forms of Cerebral Palsy

Posted by on 10-10-15 in Medical Malpractice | 0 comments

Cerebral palsy (CP) is an umbrella phrase used to recognize several long-term paralyses, a problem that affects the handle of activity resulting from injury throughout the growth of mental performance. Cerebral palsy usually advances in kids between the ages 2 and it is called a non-progressive disorder. This means that the harm worsen or inside the brain does not advance whilst the child matures. However, the observable symptoms of cerebral palsy do change to the brain injury, due primarily over time, which will be serious childhood disability’s leading cause.

According to Driscoll Firm website, you can find different forms of cerebral palsy with regards to the areas of the mind that’s affected. Doctors who specialize in cerebral palsy method the problem in lights that are diverse, therefore it could not be easy to genuinely ascertain the type of cerebral palsy a young child has. One of many techniques medical experts label the forms of cerebral palsy is through severity’s condition’s level. Its profile is seldom pleasant, although the condition doesn’t get any worse.

Cerebral palsy could be categorized through its degree of severity, it being delicate, critical, moderate, and no CP. These tend to be wide explanations that require to have unique requirements. A child might have moderate cerebral palsy when her or his daily pursuits are not restricted and if he or she doesn’t involve support when going. Reasonable cerebral palsy is seen in people who involve versatile technology in addition to medications and braces to greatly help accomplish jobs that were every day. Kids with significant cerebral palsy have to be in a wheelchair and exhibit major problems in accomplishing everyday duties. Ensures that though indications of cerebral palsy are not past, the problem was motivated to be received following the brain has fully developed and will, therefore, be classified as caused by additional outside situations or painful head injuries.

Currently, cerebral palsy still desires studies and further research as a way to absolutely establish the causes as well as know how it may be handled. Although there are lots of others delivery incidents are among the most typical considered reason for cerebral palsy. Extra ailments may confuse the advancement and improvement of the kid, which makes it a critical situation despite cerebral palsy solely being a neurological disorder.

Wrongful Death: The Types of Damages that Need to Be Compensated

Posted by on 6-06-15 in Court | 0 comments

The lawsuit filed by the family members of a person who dies as a result of someone else’s negligent act or wrongdoing is called wrongful death. According to the website of a Tennessee personal injury lawyer at Pohl & Berk, the main purpose of a wrongful death lawsuit is to seek compensation for the losses or damages suffered, and to be suffered, by the family of the deceased, such as funeral expenses, lost companionship and lost wages.

Damages are classified under three categories: economic, non-economic and punitive. States, however, differ when it comes to the specific items found in each category.

Economic damages, for instance, include all the expenses incurred by the family as a result of the death of their loved one but, more so, all the financial contributions that the deceased would have made to his or her family had he or she did not die. These damages include: cost of medical treatment and funeral service; financial value of all the goods and services that the deceased would have provided for his or her family; loss of the victim’s wages and other earnings; loss of possible inheritance; and loss of possible medical coverage for family members, and the deceased’s pension plan and other benefits.

Non-economic damages are the non-material losses that the family of the deceased would suffer, such as: the family’s loss of love and companionship from the deceased; loss of care, guidance, protection and nurturing from the deceased; a spouse’s loss of consortium with his or her deceased spouse; and, the family’s suffering, pain and mental anguish.

The third category, punitive damages, actually serves as punishment to make the defendant realize his or her wrong act as well as to deter him or her from repeating it. While some states award compensatory damages with punitive damages, many others do not even make available these damages in wrongful death lawsuits. This absence, however, is usually off-set by the awarding of treble damages (or triple damages) which increases the amount of actual damages to three times; awarding of treble damages is made at the discretion of the court, which bases its judgment on legally acceptable reasons.

Negligent acts that cause wrongful death can be committed by anyone. It can be a manufacturer who produces a low quality construction ladder that causes a worker to suffer a fatal fall; a car driven by a distracted driver who hits and kills a pedestrian; a doctor who prescribes a drug that increases the risk of heart attack, and so forth.

Depending on the circumstances surrounding a wrongful death case, there are those that are really so hard to prove, such as one resulting from medical malpractice or pharmaceutical negligence. Besides all the evidences required for a strong case, there is also a statute of limitation which need to be observed. Eventually also, the victim may need to face an insurance firm, which will do all things within its means, to save itself from paying compensation claims amounting to millions of dollars.

Some lawyers, after hearing a family’s case, may guarantee a sure win and even give an estimate of how much compensation the family may be entitled to receive. If this happens, it is important that the family immediately cuts communication with that lawyer and look for another: lawyers are not allowed to give clients any guarantee regarding their case since the outcome of lawsuits simply cannot be predicted.

Important Facts about Internet Sex Crimes in Texas

Posted by on 3-03-15 in Court | 0 comments

There is a lot of stigma surrounding the sensitive nature of internet sex crimes. As such, anyone who is facing a charge for any of these crimes can end up facing devastating consequences. Not only are these individuals subject to harsh punishment mandated by Texas law, they could also end up experiencing significant obstacles in terms of their livelihood and reputation.

Individuals convicted with an internet sex crime can continue to suffer such long-term consequences even after they’ve finished serving their sentences. For one, Texas law requires that those convicted of sex crimes involving minors should remain listed as registered sex offender for a specific amount of time after the end of their sentence. This registry, which is part of Texas public records, can easily be accessed by the general public. With stakes this high, it’s easy to see why an internet sex crime charge is impossible to take lightly and ignore.

This isn’t to say that Internet sex crimes aren’t serious felonies that should be prevented as much as possible. The trauma experienced by victims of such sensitive crimes can’t be diminished just because it took place through the Internet. Despite this, as investigated by the Texas Observer, it’s also important to note that there is extreme bias against individuals charged with sex crimes. A Houston criminal defense lawyer will be aware of how even when the law mandates that every person is innocent until proven guilty, there are moments when biases become integrated in the legal process.

The following are the most common cases of Internet sex crimes in Texas:

  • Possession of child pornography
  • Distribution of child pornography
  • Possession or distribution of other sexually explicit materials considered illegal by law
  • Lewd online behavior

If you are facing charges based on any of these scenarios, it’s best to seek out legal advice immediately. Contact an experienced criminal defense lawyer to learn which options you can take.

Religious Discrimination within the Workplace

Posted by on 2-02-15 in Employment Law | 0 comments

The United States prides itself on the many freedoms its citizens enjoy. Among these many freedoms is the freedom of religion. In the workplace, unfortunately, many employees feel like their freedom of religion is violated when employers or coworkers harass them or treat them differently because of their religious affiliations.

It is illegal to base an aspect of employment on a person’s religious associations, including hiring, firing, promoting, pay, or assigning work tasks. It is also illegal to bar any individual from wearing religious garb or practicing personal grooming habits in compliance with their religion.

Employers are required to provide a reasonably accommodating religious environment to their employees. Common forms of this would be a flexible schedule, job reassignments, or small changes in work policy.

Harassment is one of the most common forms of religious discrimination. The law does not prohibit isolated instances of teasing or other verbal harassment. It is when these incidents become more hostile or frequent that an employer should step in to protect their employee from a discriminatory work environment.

Examples of of workplace discrimination based on religion would be social workers refusing to counsel homosexuals, pharmacies refusing to provide birth control to women, or school districts firing unmarried women that have become pregnant.

According to the law offices of Cary Kane, religious discrimination within the workplace can cause serious emotional trauma and financial strain on an individual. Discrimination in the workplace is a serious issue that too many Americans face.

If you believe that you are being discriminated against in the workplace for your religious beliefs or your association to a religious body, contact an attorney in your area to discuss your legal options.

The Importance of a Court Reporter

Posted by on 2-02-15 in Court | 0 comments

A court reporter, or stenographer, is responsible for documenting the court proceedings word for word during a trial, deposition, or any other legal proceeding. These highly trained professionals are responsible for the impartial, accurate proceedings during a judicial process. Transcripts must be verbatim for official records since the documents may be used in later hearings or proceedings if the court decision is appealed. Most stenographers still use stenotype machines that use a form of shorthand in order to more quickly type out transcripts.

Before a trial begins, many attorneys choose to utilize deposition records during the discovery period. A good court reporter is capable of using the latest technology and providing access to real-time voice-to-text translation. This skill allows for the judge and participating legal officials to have immediate access to the judicial process while also allowing the deaf and hard-of-hearing to partake in the legal proceedings.

According to the Stratos Legal website, it is critical that a stenographer exhibit peak professionalism when documenting a legal proceeding. There are more than 50,000 court reporters in the United States, and the growing occupation is crucial to the involved United States judicial system and responsible for keeping records organized and accessible. Most court reporters are employees of the state or local government while other are employed from home or a central office. Up to 70% of court reporters also provide captioning for real-time translation on television or at public events for the deaf and hearing impaired.

If you are undergoing a trial or are in need of a real-time transcript to document a proceeding, it is important that you trust your stenographer to be professional and experienced. Often it is worthwhile to seek a professional court reporter to oversee your case.

Viagra Side Effects and Lawsuits

Posted by on 2-02-15 in Pharmaceuticals | 0 comments

A study published in JAMA Internal Medicine in April 2014 found a correlation between the popular erectile dysfunction drug, Viagra, and an increase in the likelihood of developing melanoma. The study found that users of sildenafil (Viagra) were 84% more likely to develop melanoma within the 10 year study.

Melanoma is the most dangerous form of skin cancer, affecting about 76,000 new people every year and killing another 10,000 according to the American Cancer Society. It is caused by ultraviolet radiation usually from sunlight or tanning salons. It causes cancerous tumors to form in the basal layer of the epidermis. If caught early, the cancer is almost always curable. In severe cases, the melanoma can spread to become incurable.

According to the website of Williams Kherkher, anyone who has ever used sildenafil is more susceptible to developing melanoma than those that have not. The study began in 2000 when Viagra was the only erectile dysfunction drug on the market. Since then, Cialis, Levitra, and Stendra have entered the market.

Pfizer, the drug company responsible for Viagra, is now under fire for the allegation that their drug causes the fatal skin cancer. Viagra has previously been accused of causing heart attacks, strokes, and hearing and vision loss. Since those claims were made, the U.S. Food and Drug Administration have forced these warnings to be included on the Viagra label. Currently, melanoma is not a listed as a side effect.

It is important to be aware of any side effects medication may have. If you have symptoms that confirm the correlation between melanoma and Viagra, contact an attorney involved in the Viagra lawsuit to seek compensation for your medical expenses.

Construction Workplace Injuries

Posted by on 2-02-15 in Work Injury | 0 comments

Construction site injuries are some of the most common forms of workplace injuries due to the nature of the work being done. According to the website of the LaMarca Law Group, P.C., contractors and construction companies are legally responsible to ensure a safe working environment that includes proper training and enforced safety precautions on the worksite. These federal safety standards are required and regulated by the Occupational Safety and Health Administration.

When a workplace injury occurs, emotional and financial burden is placed on that employee and their family. It is important to claim worker’s compensation to receive reimbursement for any lost wages or medical expenses related to an injury on the job site.

The website of the law offices of Wilson & McQueen, PLLC points out that some employers withhold worker’s compensation to prevent employees from receiving the benefits they need and deserve. Third- party contractors, property owners, or equipment manufacturers may also be responsible for injuries and liable for certain workplace injuries.

Temporary disability can and should be claimed when an individual is removed from work due to a construction accident. Most workers’ compensation should include partial compensation for wages lost during this time. If the injury is severe enough to never be fully recovered from, permanent disability may be claimed. The website of Williams Kherkher Firm highlights the importance of seeking temporary or permanent disability payments when forced to spend substantial amounts of time out of work due to injury.

If you have been injured while working on a construction site, call a workplace injury lawyer in your state to consult about worker’s compensation. An attorney is vital to ascertain the appropriate liability and compensation of your case.

How Car Insurance Companies Investigate Accident Claims

Posted by on 1-01-15 in Car Accidents, Insurance | 0 comments

Car insurance is a must-have when owning, maintaining, and driving a vehicle. The financial protection that car insurance provides is essential when involved in an accident, regardless of which party is at fault. So how does the insurance company investigate these claims and determine how to go about settling?

The nature of the accident, severity of property damage or injuries, and the insurance company policies are all factors in determining which actions are needed after a claim is filed. According to the website of Insure on the Spot, current events cause insurance policies and state laws to adapt, making it crucial to stay up to date on the latest changes.

There are several steps your claims adjustor might ask you to take once the claim is filed. These range from contacting the other driver involved in the accident to asking you to sign medical release forms so the adjustor can access personal medical records. Their job is to assess the accident for all relevant facts, and it is best to comply with their requests as best you can.

In instances that require damages to be paid, the initial payment is called the indemnification. The insurance company will cover all payments until fault is determined. Often, the fault is not 100% and 0%. The insurance adjustor may determine that one driver was 70% at fault and therefore must pay 70% of the damages while the other party is responsible for the remaining 30%.

In order to obtain the best possible settlement, it is important to review your side of the story fully. A recollection of the events down to the smallest detail will be relevant in determining fault and claiming monetary compensation. Options outside of settlement offers include mediation, arbitration, and small claims court.

Car accidents can cause serious injury and become costly emotionally and financially. It is imperative to have car insurance that you can trust and rely on in times of crisis. If you have been involved in a car accident, speak with an insurance adjustor and consider hiring an auto accident lawyer in your state.