Posted by Rider on Jul 15, 2016 in Uncategorized | 0 comments
Every employer has different responsibilities to their employees and one of them is ensuring their safety as well as the working conditions. Unfortunately, this has not been happening as many Americans find themselves getting hurt in their workplace. According to the website of Bruner Law Firm, getting hurt on the job can subject employees to huge bills and may be out of work as well. For this reason, you may hold your employer liable for the injuries you incurred.
In a workplace injury accident, you have to prove that your employer was responsible for the workplace injury. The first step in the filing of the claim is the completion of the workplace accident report. The employer should also pp their own report as required by law. On your part, you should support your claims with documents such as photographs, eyewitness accounts, and others. Make sure to keep a record of any doctor that you visited and treatments received. Receipts for injury-related expenses will also come in handy.
Employers have a duty of care to employees and it is their responsibility to protect them from getting injured at their workplace or be held liable for negligence. There are different regulations that are in place to ensure that employees, contractors, and visitors are protected when they are in the workplace. With injuries coming from various sources, these regulations take into consideration the condition and safety of the workplace and covers a wide range of eventualities.
For example, manual handling can be one common source of injury and the employer has a responsibility to carry out a risk assessment and look for other options the employee can perform their task with zero or less risk of injury. If such is not carried out by the employer, the employee may have a case in filing a workplace injury claim.
It is worth noting that workplace injuries claims are covered by so-called statute of limitations. You need to file the case within the time limit or else your claim will become futile.
More than 30,000 fatal car crashes are recorded by the National Highway Traffic Safety Administration (NHTSA) every year. According to this same government agency, the top four causes of car crashes are drunk driving, reckless driving, overspeeding, driver error, which includes distracted driving, car defects and poorly constructed or defective roads.
One frustrating truth about majority of crashes is that these are nothing more than results of negligence or recklessness, making these preventable events. It appears, however, that negligence and recklessness are second nature to some drivers, an idea based on the fact that even before 1925, despite the very few cars on the road, collisions were already occurring. These accidents, which damaged properties and injured people, were actually the bases of the compulsory car insurance laws which were first enacted in 1925 in the states of Connecticut and Massachusetts.
Drivers, depending on the state where they reside, can carry either the full tort insurance coverage or the no-fault coverage, which is also known as personal injury protection or PIP. The full tort coverage, which is mandated in full tort states, allows the victim in a car accident to file a civil lawsuit against the at-fault driver (or against the driver who has greater fault) in order to seek compensation. This compensation, which will cover cost of medical treatment, lost wages, pain and suffering, will be paid by the at-fault driver’s insurance provider. In no-fault states, however, compensation is to be paid by the drivers’ respective insurance providers (regardless of who is at fault in the accident, eliminating the need for the victim to file any lawsuit.
Besides carrying auto liability insurance, many states also require drivers to carry an Uninsured Motorist Coverage or Underinsured Motorist Coverage, or both. These two types of coverage are designed to help with the cost related to injuries sustained by a driver and his or her passengers if ever the at-fault driver turns out to be uninsured or whose policy limit is not enough to cover the full amount of compensation that needs to be paid.
With the high cost of premiums, which many insurance companies make even more expensive by factoring in driver’s age, driving experience, and past traffic violations, among others, many drivers rather cancel their policy but not after they have registered their car and renewed their driver’s license – a much more costly move, though, according to Insure on the Spot, an independent auto insurance company. If drivers would want to be covered (and comply with the requirements of the law at the same time) without being burdened by premium payments, the best way is to seek assistance from independent auto insurance companies, which offer quotes on the best insurance deals patterned on driver’s budget, needs and driving history.
Brachial plexus is a bundle of nerves that runs along the side of the neck and into the spinal cord. This network is composed of nerves that connect to the fingers, hands, and arms. Any injury to the brachial plexus may result in numbness and weakness of the affected upper extremity. There are many types of brachial plexus injuries, and one of them is Erb’s Palsy.
Erb’s Palsy happens when a baby is improperly pulled out of the birth canal during labor. When this happens, the neck is stretched away from the shoulder, which causes the brachial plexus to be stretched or ruptured. In severe cases, the brachial plexus is completely avulsed from the spinal cord, resulting in loss of functionality in the affected arm.
Lawyers from the Sampson Law Firm said Erb’s Palsy is usually a result of either negligent medical care or inexperienced hospital staff. In some cases, Erb’s Palsy can also be a result of difficult or prolonged labor. Breech and large babies are also more prone to this condition.
The primary symptom of Erb’s palsy is weakness and numbness in one arm. If you suspect that your baby has Erb’s Palsy, visit your pediatrician right away for accurate diagnosis. He may suggest imaging tests, such as ultrasound and X-rays, to check if your baby’s brachial plexus is damaged. Newborns diagnosed with Erb’s Palsy are sometimes required to undergo therapy to speed up recovery. In severe instances, invasive procedures, such as nerve graft or nerve transfer, might be required.
Although most cases of Erb’s Palsy heal without needing any medication, severe cases of this condition may cause your child to suffer from different complications. A ruptured or avulsed brachial plexus, for instance, may cause the affected area not to be supplied with the nerve energy they need, which may result in slow muscle and bone growth, sometimes even permanent paralysis. That’s why it is very important to visit a doctor right away if you suspect that your baby is suffering from this condition.
Posted by Rider on Jul 20, 2015 in Beauty | 0 comments
Data gathered by the American Society of Plastic Surgeons or ASPS show that more than 13 million minimally-invasive cosmetic procedures have been performed in the United States for the year 2013. Among the most popular procedures performed in that year was Botulinum Toxin Type A. Known in common parlance as ‘Botox’, the ASPS noted that about 6.1 million of these procedures had been performed during the given year.
In actuality, the word Botox refers to the name of the drug used for the procedure known to give patients a more youthful glow and appearance. Botox is the brand name of a drug called onabotulinumtoxina, which is injected in specific areas of the skin to reduce the appearance of wrinkles. It is commonly used to smooth out frown lines between the forehead, crow’s feet or lines that appear around the eyes, and fine lines that are found along the chin and neck area. The ASPS reports that the procedure is typically done on patients between 30 to 54 years of age.
If you are considering getting Botox, there are a few considerations you have to make before undergoing the procedure. First, it’s important to know exactly how it works in helping create a youthful appearance. A Botox procedure involves getting the drug injected into the muscle of the area that you would like to improve. The drug blocks signals sent by nerves and prevents the muscle from contracting. This allows it to soften and relax, allowing the skin above it to look smoother. Patients will have to wait around 3 to 7 days before noticing the full effect of Botox. While the procedure is considered safe, there are some occasions when patients experience minor headaches and bruising.
Botox is not a permanent solution and will wear off after 4 to 6 months. In that time, the injected muscle will gradually regain its movement. This will make the look of wrinkles on the skin to reappear. If you follow up your first procedure with several other treatments, you will find that the look of wrinkles on your skin will eventually look less severe over time.
Considerations regarding Botox need to be discussed with a qualified physician. It would be best to bring up your concern to an experienced dermatologist or cosmetic surgeon to get the best answers.
Posted by Rider on Jul 17, 2015 in Car Accidents | 0 comments
It is an unfortunate reality that the roads and highways across the United States are becoming increasingly dangerous. According to data from the U.S. Census Bureau, a whooping average 10.6 million motor vehicle accidents occurred every year between 2004 and 2009. Among the most common contributors for such an inflated figure is reckless driving. When drivers act negligently as they are behind the wheel of their vehicles, they could end up putting the lives and safety of other individuals at risk and cause devastating consequences.
Generally, an individual is considered to be driving recklessly if he or she is practicing a “willful or wanton disregard for the safety of persons and properties.” With such a wide-reaching definition, several traffic violations fall under this umbrella. The website of Boston personal injury attorney Crowe & Mulvey lists down several examples of reckless driving. He cites texting or talking on the phone while driving, swerving between lanes, speeding through red lights, ignoring speed limits, and tailgating as common instances of reckless driving.
The accidents caused by such actions can vary in severity. In some cases, reckless driving results in minor collisions and infractions. However, there are also plenty of instances when reckless driving leads to major crashes where the drivers and passengers involved leave the site severely injured. According to the website of Habush Habush & Rottier S.C. ®, common injuries that result from reckless driving include broken bones, severe lacerations, internal tissue damage, internal bleeding, brain trauma, neck injuries, and spinal injuries.
While reckless driving is typically considered as a misdemeanor, accidents that cause serious injuries and fatalities may result in a felony charge for the party responsible. Those convicted of a reckless driving offense can expect steep punishment which includes substantial fines, a jail sentence, and a revocation of driving privileges.
Posted by Rider on Jul 14, 2015 in Drug Trafficking | 0 comments
The United State federal government takes drug-related crimes and offenses very seriously. Aside from individual state laws, several law enforcement agencies ensure that the regulations surrounding illicit drugs are properly observed. In particular, these agencies work to make sure that the possession, distribution, and trafficking of illegal substances is properly addressed. These efforts result in over 30,000 arrests made annually by the Drug Enforcement Agency or DEA. Still, despite the consistently high numbers, drug-related crimes remain to be a persistent issue in American society.
One of the most common problems that law enforcement agencies are hoping to curb is the trafficking of illegal and controlled substances. Drug trafficking is considered a federal crime that mandates harsh punishment. According to the website of criminal defense lawyers Kohler & Hart, SC, the consequences for a drug trafficking conviction may include jail sentences that lasts a year or longer, thousands of dollars in fees, loss of the right to vote until sentence is completed, and the loss of the right to bear arms. There are also other consequences that can be brought by such a serious criminal sentence, including difficulty reintegrating to social life once jail sentence is completed and the loss of professional and academic opportunities.
Selling drugs is another serious drug-related crime that needs to be curbed across the United States. Like drug trafficking, it entails harsh punishments that could have grave effects on a person’s life. Aside from serving a significant amount of time in jail, the sale and distribution of illicit substances can also warrant thousands of dollars in fines and the loss of certain privileges as an American citizen.
While not as grave as the previous two examples, drug possession is also considered a serious offense in states all over the country. Depending on state laws, individuals caught to be in possession of an illegal substance can face steep fines and jail time. Their penalties will also depend on the type and amount of drug they are carrying. In some select states, the possession of marijuana has been decriminalized. However, majority still view marijuana possession as either a misdemeanor or felony depending on how much a charged individual was found to be carrying.
Posted by Rider on Jul 11, 2015 in Travel | 0 comments
There is an undeniable charm to travelling by water. Unlike being in a plane or a car, being out in open waters allow people the opportunity to really immerse themselves in their surroundings and enjoy the view that nature has to offer. While it may not be as fast as other modes of travel, there are ways that boats and ships have become more and more convenient in recent years. Take, for example, the prevalence of luxury yachts. According to the website of Mikelson Yachts, these yachts are often customized and suited for the precise needs of passengers by specialists. There are also cruise ships that allow travelers to tour exotic destinations while enjoying amenities similar to five-star hotels.
Despite the conveniences present in travelling by boats and ships today, it’s impossible to discount the risks involved in such endeavors. As pointed out by data from the U.S. Coast Guard, the injuries and fatalities resulting from boating accidents are at a significant number in the last couple of years. For the year 2013, a total of 560 deaths and 2,620 injuries were reported for 4,062 boating accidents that have been reported then. Their data also shows that about 77 percent of all these recorded fatalities have been caused by drowning.
When it comes to boats and yachts, accidents are typically caused by a number of circumstances. Errors made by the individual operating the vehicle are among the common reasons why such accidents occur. Operating a boat or yacht while intoxicated is another common contributor, with the U.S. Coast Guard noting that about 16 percent of the fatalities reported in 2013 were related to alcohol impairment. Recklessness is also one of the typical causes of boating accidents, particularly speeding and capsizing. Sometimes, mechanical malfunction or boat defects are also hazards that contribute to devastating outcomes.
The contributing factors for accidents in cruise ships are also quite similar. Reckless and negligent behavior on part of the crew can lead to tragic accidents that can potentially harm the passengers on board the ship. Inadequate maintenance and upkeep of the facilities can also cause passengers to meet accidents such as slipping and falling. Cruise ships can also be held liable for accidents that occur during on-shore excursions. According to a cruise ship injury lawyer website, the accidents are typically caused by defective equipment used during the activities or in the vehicles that are used to transport passengers between destinations.
The risk of facing an accident at any time is true and present for everyone. However, it is particularly applicable for individuals that are employed in certain high risk industries where a lot of accidents are constantly noted and reported. As pointed out by the data gathered by the U.S. Department of Labor, private industry accidents have resulted in about 2.9 million reported cases of workplace injuries in the year 2013. Most of these reports came from workers in manual labor jobs such as construction and transportation.
Unlike an employee working a desk job, those in manual labor industries understandably face plenty more risks as they go about their daily tasks. In construction work, for example, there’s the risk of being around hazards common to construction sites. Workers can end up falling from unstable scaffolding or electrocuted while using malfunctioning high power tools. As a result, these hazards also increase the severity of consequences that come in the aftermath of any accident. As noted earlier, workplace injuries are a common problem across the United States. Workers that are injured on the job are placed with plenty of burdens that often require assistance to resolve and move on from.
Aside from physical suffering and emotional trauma, individuals that have been seriously injured in workplace accidents are also left to deal with financial difficulties. Injuries that come out of such accidents can be very severe and may require a long road of treatment and recovery. Aside from the expenses such a process entails, injured workers will also have to take some time off from their jobs and are unable to earn a steady income for themselves and their families.
Fortunately, there is a viable solution for the financial dilemma brought about by accidents in the workplace. According to the website of the Des Moines workers’ comp lawyers at LaMarca Law Group, workers’ compensation benefits are required by most state laws. It is required of most employers in order to provide financial assistance for workers who become injured while doing their jobs. The common drawback from workers’ compensation is the fact that it is often difficult for employees to receive the amount that is owed to them. Injured workers should not be afraid to seek out legal counsel and assistance.
Cerebral palsy is a serious medical condition that is among the most common in America. It affects a person’s mobility and causes someone to have difficulty with coordination, balance, and posture. According to the Centers for Disease Control and Prevention or the CDC, the condition is the most common motor disability in children in the United States.
Also referred to as ‘CP’ for short, cerebral palsy manifests itself in different ways and are categorized according to type. The symptoms experienced by a patient with cerebral palsy will depend on which type of the disease he or she has been diagnosed with. For example, there is a certain type of cerebral palsy that causes muscle stiffness. Meanwhile, another type causes uncontrollable spasms in the arms and legs.
Regardless of what type of CP a person has been diagnosed with, it is well-understood that the condition stems from abnormalities in his or her brain development. This could have been caused by damage or injury that often happens very early in life. Plenty of cases of cerebral palsy occur because an infant did not receive adequate amounts of oxygen in his or her body and brain. Such a scenario typically happens before an infant is even born. During the mother’s pregnancy, complications such as infections can cause premature births and low birth weights that leave infants vulnerable to developing cerebral palsy. In select situations, cerebral palsy can also be a result of a patient having been injured by a medical professional’s mistake.
According to the website of the birth injury lawyers at the Driscoll Firm, there is a significant link between the occurrence of cerebral palsy and cases of medical negligence. In particular, they found that there are some common errors that occur in the labor and delivery process that affect an infant’s healthy brain development. The following are just some of the most widely cited factors:
- Failure to perform a Caesarean section procedure at the right time
- Failure to properly monitor heart rate and other fetal stats throughout labor and delivery
- Failure to observe proper precautions when handling instruments such as vacuums and forceps
- Failure to promptly diagnose and address infections during pregnancy
- Failure to immediately act on common childbirth complications such as a prolapsed umbilical cord
Alcohol-impaired driving is often considered as one of the most serious traffic offenses in the United States. Anyone caught driving under the influence (DUI) or driving while intoxicated (DWI) can only expect to meet harsh punishment in any state across America. This is particularly true in Texas. As noted on the website of Ian Inglis Attorney at Law, the Texas Penal Code recognizes DUI and DWI as serious criminal charges, with both leading to life-altering consequences. With alcohol related crashes totaling to 5,333 in the year 2013, it comes as no surprise that the Texas government is keen on curbing this figure and prevent it from rising in the future.
Because of the prevalence of drunk driving accidents, Texas law enforcement officers are vigilant in making sure that individuals with blood alcohol content levels that go beyond what is legally mandated are properly followed by drivers. They also impose a zero-tolerance policy for alcohol-impaired drivers under the age of 21. Normally, a driver with a BAC level that goes beyond 0.08 is considered intoxicated and may be charged with a DWI in Texas. For a driver below 21 years of age, having any trace of alcohol in his or her system will be enough to warrant a DUI. Meanwhile, an under-aged drinker driving with a BAC level above 0.08.
The penalties for both DUI and DWI offenses in Texas depend based on the number of charges an individual has been convicted with in the past. With DUIs, a first-time offense will cause a convicted individual can expect to face 60 days license suspension. A second offense will then warrant a 90-day license suspension and a third offense will lead to a suspension lasting 180 days.
Penalties for DWI convictions are a lot more stringent, but they also follow the same pattern. A first-time DWI conviction will warrant a fine of up to $2,000, a full year of license suspension, and 3 to 180 days in jail. At second offense, DWIs warrant a fine of up to $4,000, 2 years of license suspension, and about a month to a year of jail time. Finally, third and subsequent offenses could lead to around $10,000 in fines, 2 years of license suspension along with an annual license retention fee that could amount up to $2,000, and spending between 2 to 10 years in prison.