You can learn a great deal from the older people in our lives but attempting to look after them can be challenging when they get to the level they can no longer care for themselves. This is the reason nursing homes and assisted care facilities exist and offer the around-the-clock professional care that the untrained cannot offer, at least not all the time.
Even so, some nursing homes aren't harmless and they can abuse the elderly. The elderly then become victims who can't or won't speak out about it, for fear. This is an extremely serious offense and must be addressed no matter what and in every case.
Senior Legal Rights:
The Nursing Home Reform Act of 1987, which was integrated into the Omnibus Budget Reconciliation Act of 1987 (OBRA 1987) right after its inception, set down particular laws created to guarantee the protection, dignity and care of all elderly persons residing in publicly funded facilities. In addition, this law established a number of residents’ rights to which all involved must know and comply. This is a list of the rights related to this Act:
Patients of nursing homes have the right to:
* Be totally informed of all data regarding their lives, their care and the law as it relates to their lives and care
* Get involved in their day-to-day care, its design, scheduling and execution
* Make independent choices
* Privacy and confidentiality
* Dignity, respect and freedom
* Constant security of personal possessions
* Engage in transfer or discharge, providing that specific conditions are met, such as a 30-day notice of said transfer or discharge
* To complain and expect acceptable response from federal, state, municipal or facility administration, in government, health care, social security, and other relevant aspects covering their lives.
* Ongoing visitations from loved ones, legal counsel, health care practitioners, chosen friends, ombudsmen, and other officials as necessary
Signs And Indications of Abuse or Neglect:
Down below is a list of standard signs or indicators of possible abuse and/or neglect. Those concerned should keep their eyes open.
* Physical injuries, including bruising, broken bones, scars, cuts, and bed sores (also known as ‘pressure ulcers’)
* Strange or unordinary behavior of elderly residents
* Lack of food and/or water
* Insufficient bathing amenities or opportunities, in conjunction with available supplies, like shampoo and soap, and ongoing assistance for those who need aid bathing, eating, dressing, walking, etc.
* Soiled/unchanged underclothes
* Verbal abuse
* Unclean facilities, for instance the bathroom and kitchen areas
* Smells in the bed and clothes
* Dirty hair and nails
* Unexplained weight change (especially loss)
How To Protect Your Loved Ones:
If you are worried about your family member being possibly abused in a nursing home, there are lots of routes you can take to protect them. It's to your advantage to contact a personal injury lawyer immediately to ensure your relative is fully protected by the law. The life and wellness of your family member might just depend on it.
Thursday, December 30, 2010
Wednesday, December 15, 2010
What You Should Know About Wrongful Death Lawsuits
Wrongful Death refers to an accidental death caused by the carelessness of another party (an individual, professional, non-professional, business or company, outside group or public entity or supervisor) where damages are given to he victim’s family members or dependents.
Wrongful Death cases occur very often but they are generally very complex. Why is this? Needless to say, a claim involving wrongful death involves a lot of things about the incident (what happened, how it transpired, where it transpired, when the incident happened, why the occurrence happened and who was involved). These kinds of information is not always obvious, not easily attainable and is frequently contested. Therefore, for family members to obtain a settlement there must be adequate evidence.
Accidents are the number one cause of death for those who are aged 38 and under. Two people die and 330 are injured in accidents just about every ten minutes.
What Are Some Of The Usual Wrongful Death Causes?
* Medical malpractice by a health-related professional
* A fall on a property without warning designations
* Animal attack unrelated to the security of private property
* Work accidents, particularly when the conditions behind the incident were outside of the victim’s control.
* Dying under the oversight of another
* Automotive accidents because of the negligence of another motorist
* Motorcycle accidents as a result of the negligence of another motorist
* Aviation accidents as a consequence of the neglect of the pilot and/or airline organization
The Sorts Of Settlements Awarded In Wrongful Death Legal Cases
* Medical fees and funeral costs
* Pain and suffering of the victim’s loved ones
* Emotional damages
* General damages
* Reduction of the victim’s future wages up to the estimated time of retirement or death
* Loss of the victim’s work benefits, such as pension, health coverage and educational costs
* Loss of care, protection and/or companionship with regard to the victim’s loved ones
* Loss of inheritance that would otherwise be awarded to surviving loved ones but denied due to an untimely death
Bear in mind, Wrongful Death claims often have a statute of limitations so it is very important to take action speedily.
In case you have recently suffered a wrongful death in the family, call an experienced Wrongful Death attorney immediately. A lawyer who knows the law regarding Wrongful Death cases can help you determine your best next move and help you retrieve every bit of compensation you legally deserve for your horrible loss.
Wrongful Death cases occur very often but they are generally very complex. Why is this? Needless to say, a claim involving wrongful death involves a lot of things about the incident (what happened, how it transpired, where it transpired, when the incident happened, why the occurrence happened and who was involved). These kinds of information is not always obvious, not easily attainable and is frequently contested. Therefore, for family members to obtain a settlement there must be adequate evidence.
Accidents are the number one cause of death for those who are aged 38 and under. Two people die and 330 are injured in accidents just about every ten minutes.
What Are Some Of The Usual Wrongful Death Causes?
* Medical malpractice by a health-related professional
* A fall on a property without warning designations
* Animal attack unrelated to the security of private property
* Work accidents, particularly when the conditions behind the incident were outside of the victim’s control.
* Dying under the oversight of another
* Automotive accidents because of the negligence of another motorist
* Motorcycle accidents as a result of the negligence of another motorist
* Aviation accidents as a consequence of the neglect of the pilot and/or airline organization
The Sorts Of Settlements Awarded In Wrongful Death Legal Cases
* Medical fees and funeral costs
* Pain and suffering of the victim’s loved ones
* Emotional damages
* General damages
* Reduction of the victim’s future wages up to the estimated time of retirement or death
* Loss of the victim’s work benefits, such as pension, health coverage and educational costs
* Loss of care, protection and/or companionship with regard to the victim’s loved ones
* Loss of inheritance that would otherwise be awarded to surviving loved ones but denied due to an untimely death
Bear in mind, Wrongful Death claims often have a statute of limitations so it is very important to take action speedily.
In case you have recently suffered a wrongful death in the family, call an experienced Wrongful Death attorney immediately. A lawyer who knows the law regarding Wrongful Death cases can help you determine your best next move and help you retrieve every bit of compensation you legally deserve for your horrible loss.
Monday, November 29, 2010
Things You Should Do If You Need A Negligent Security Legal Suit Specialist
The minute you step foot on someone else's property you put your life in the hands of the property owner, no matter who they might be. That being the case, all property owners are required by law to give adequate security measures to confirm the safety of any person on their property. While it applies to both public and corporate property, businesses are most commonly cited for injuries as a result of their public access.
Sadly, there are many negligent security claims each year. It is because many property owners either aren’t aware of the laws surrounding public security or they are careless in their attempts to provide the security. When an individual gets hurt because of this, the injured or the family of the injured often seek out legal compensation.
What You Need To Learn About Negligent Security
Generally, negligent security is when property owners are held liable (legally) for third-party injuries occuring due to their lack of security measures on the property. Entities generally involved in negligence are schools and university campuses, condo complexes, retail outlets or centers, industrial centers such as production plants, factories and warehouses, office buildings, auto lots, junkyards and even deserted areas featuring structures with weak foundations and wobbly framework. In reality, negligent security accidents occur everyday in places such as these.
A special note should be made for identity theft and Internet violations. Both of these do fall under negligent security too, although computer users are instructed to use care when providing personal information on the web. The fault can go both ways.
Good Examples of Inadequate Security Practices:
• Lazy (poorly trained) or absent security guards
• Substandard lighting
• Weak or non-existent fences and unlocked gates
• Lousy or non-existent video surveillance
• Shattered locks
• Inexperienced, overzealous or non-existent watchdogs
• Inactive electrical wiring
• Substandard or non-existent background checks on predatory personnel
• Ineffectively posted or non-existent warning signs
• Non-existent security measures
Personal Injury Attorneys Can Help You Gain Compensation
If you or a close relative has been involved in a negligent security case, be sure you contact an experienced personal injury lawyer immediately. While not every claim can be looked at as a negligent security case, a highly skilled lawyer can help you determine what your best move might be. Take action now!
Sadly, there are many negligent security claims each year. It is because many property owners either aren’t aware of the laws surrounding public security or they are careless in their attempts to provide the security. When an individual gets hurt because of this, the injured or the family of the injured often seek out legal compensation.
What You Need To Learn About Negligent Security
Generally, negligent security is when property owners are held liable (legally) for third-party injuries occuring due to their lack of security measures on the property. Entities generally involved in negligence are schools and university campuses, condo complexes, retail outlets or centers, industrial centers such as production plants, factories and warehouses, office buildings, auto lots, junkyards and even deserted areas featuring structures with weak foundations and wobbly framework. In reality, negligent security accidents occur everyday in places such as these.
A special note should be made for identity theft and Internet violations. Both of these do fall under negligent security too, although computer users are instructed to use care when providing personal information on the web. The fault can go both ways.
Good Examples of Inadequate Security Practices:
• Lazy (poorly trained) or absent security guards
• Substandard lighting
• Weak or non-existent fences and unlocked gates
• Lousy or non-existent video surveillance
• Shattered locks
• Inexperienced, overzealous or non-existent watchdogs
• Inactive electrical wiring
• Substandard or non-existent background checks on predatory personnel
• Ineffectively posted or non-existent warning signs
• Non-existent security measures
Personal Injury Attorneys Can Help You Gain Compensation
If you or a close relative has been involved in a negligent security case, be sure you contact an experienced personal injury lawyer immediately. While not every claim can be looked at as a negligent security case, a highly skilled lawyer can help you determine what your best move might be. Take action now!
Saturday, November 20, 2010
Neck And Head Injuries
Are you suffering with a head or neck injury? Neck and head injury lawsuits are a challenging lot when it comes to litigation because awards are dependent on a wide variety of variances, and each law suit is unique from any other. When it comes to deciding on settlements, things like evidence, testing, documentation are all necessary. These things enable juries to assess the total damage and determine what would be regarded as fair equitable compensation.
Facts About Head And Neck Lawsuits
Neck or head injury cases are legal cases including issues regarding situations where there has been an injury to the neck or head area. These injuries are quite often due to the mistake of another person, which can be an individual, group, company or business, government (city, county, state or municipality), owners of property or any other entity. These types of injuries can involve either private or public property.
The Diverse Kinds Of Head Or Neck Injuries
The variations of head and neck injuries differ wholly. However, the type and the degree of intensity are very connected. Some of the most usual neck and head injuries include things like: whiplash, concussion, skull fracture, brain swelling and/or hemorrhage, coma, unconsciousness, broken neck, compressed vertebrae, spinal cord trauma, paralysis (temporary and permanent), neurological disorders (temporary and permanent), blindness, deafness, lightheadedness or dizziness or death. Injuries often involve one of these, but they can also involve several, due to the same injury. It all depends on the nature of the incident that triggered the damage.
Head and neck injuries can occur from an abundance of different activities, including: playground injuries, falls, auto accidents, injuries from fallen trees, explosions on the job, animal attacks, sports injuries, electrical injuries and more. The possibilities are almost endless. Pointless to say, they can all be traumatic and are worth some degree of compensation in court house.
Which Type Of Compensation Can You A quire For A Head Or Neck Injury
Rewards can include lost wages (past, present and future), medical bills (past, present and future), lost benefits (pension and other retirement awards), pain and suffering and punitive damages. These are all contingent on the severity of the injuries, the time out from work and even whether or not surgery is conducted.
If you need to gain the most compensation you are able to, it is vital to work with an experienced law firm. If you have recently undergone such a painful experience and need legal help, contact a personal injuries attorney right away!
Facts About Head And Neck Lawsuits
Neck or head injury cases are legal cases including issues regarding situations where there has been an injury to the neck or head area. These injuries are quite often due to the mistake of another person, which can be an individual, group, company or business, government (city, county, state or municipality), owners of property or any other entity. These types of injuries can involve either private or public property.
The Diverse Kinds Of Head Or Neck Injuries
The variations of head and neck injuries differ wholly. However, the type and the degree of intensity are very connected. Some of the most usual neck and head injuries include things like: whiplash, concussion, skull fracture, brain swelling and/or hemorrhage, coma, unconsciousness, broken neck, compressed vertebrae, spinal cord trauma, paralysis (temporary and permanent), neurological disorders (temporary and permanent), blindness, deafness, lightheadedness or dizziness or death. Injuries often involve one of these, but they can also involve several, due to the same injury. It all depends on the nature of the incident that triggered the damage.
Head and neck injuries can occur from an abundance of different activities, including: playground injuries, falls, auto accidents, injuries from fallen trees, explosions on the job, animal attacks, sports injuries, electrical injuries and more. The possibilities are almost endless. Pointless to say, they can all be traumatic and are worth some degree of compensation in court house.
Which Type Of Compensation Can You A quire For A Head Or Neck Injury
Rewards can include lost wages (past, present and future), medical bills (past, present and future), lost benefits (pension and other retirement awards), pain and suffering and punitive damages. These are all contingent on the severity of the injuries, the time out from work and even whether or not surgery is conducted.
If you need to gain the most compensation you are able to, it is vital to work with an experienced law firm. If you have recently undergone such a painful experience and need legal help, contact a personal injuries attorney right away!
Saturday, November 13, 2010
People Are Being Scammed Out Of Their Rights Via Manufacturer Professional Negligence
If you purchase a new high-end gadget, you've most likely completed research on the item before buying it. You might have read an article in the local newspaper, used an on line price comparing tool which gave all product details and highlights or viewed advertising info on the tv from the manufacturer itself. Maybe you even found online communities dedicated to posting consumer review information and gathered your information from there. If other people think the product is great, why would you not purchase it for yourself?
Sale Prices On Items Might Conceal Flaws
For decades there have been product recalls issued to help guard buyers. Even though recalls are beneficial, it can be very hard to keep up with all of the flawed products on the market. Not only do customers have a difficult time keeping track of all recalls, stores do also. They can even keep faulty products on the shelf after a recall is issued because they don't understand the recall was issued in the first place.
Furthermore, smaller stores often feel as if they could offer the malfunctioning product at a decreased price to try to sell it rapidly and not be forced to deal with the recall by themselves. If a store sticks a "defective" sticker on the merchandise and lowers the sticker price drastically, many shoppers will still purchase it. This sort of selling is common in grocery stores when there was a voluntary recall (and not a mandatory recall). Food markets don't want to be stuck with possibly faulty items so they attempt to sell them quickly at a greatly discounted price.
Nevertheless this is one form of professional negligence. If you obtain purchased an item the shop knows is defective or recalled and have become wounded, you may possibly be able to get compensation from the store.You can work to guard yourself from professional negligence in this way by staying proactive and staying alert for future recalls on items you purchase. Most large items have registration forms incorporated in their packages. If you mail in the registration, the maker should notify you if the merchandise is recalled. But, considering that it can take a long time for a recall to show up and people often move in the meantime, shoppers need to continuously be aware of any alerts issued.
"As Is" Items Could Become Dangerous
Consumer protection authorities warn that the complete spectrum of consumer product safety is affected when a buyer decides to buy an "As Is" item. When a buyer chooses to give up their consumer protection security by buying "defective" or "As Is" goods, you might certainly be putting yourself at risk. While one may believe the act of the store selling a product that is certainly potentially unsafe should be viewed as professional negligence, if the sticker is on the item alerting the buyer, the store could be addressing their legal bases.
However, if you think you've been a victim of professional negligence of any kind you should seek out the help from an accident attorney as soon as possible.
Sale Prices On Items Might Conceal Flaws
For decades there have been product recalls issued to help guard buyers. Even though recalls are beneficial, it can be very hard to keep up with all of the flawed products on the market. Not only do customers have a difficult time keeping track of all recalls, stores do also. They can even keep faulty products on the shelf after a recall is issued because they don't understand the recall was issued in the first place.
Furthermore, smaller stores often feel as if they could offer the malfunctioning product at a decreased price to try to sell it rapidly and not be forced to deal with the recall by themselves. If a store sticks a "defective" sticker on the merchandise and lowers the sticker price drastically, many shoppers will still purchase it. This sort of selling is common in grocery stores when there was a voluntary recall (and not a mandatory recall). Food markets don't want to be stuck with possibly faulty items so they attempt to sell them quickly at a greatly discounted price.
Nevertheless this is one form of professional negligence. If you obtain purchased an item the shop knows is defective or recalled and have become wounded, you may possibly be able to get compensation from the store.You can work to guard yourself from professional negligence in this way by staying proactive and staying alert for future recalls on items you purchase. Most large items have registration forms incorporated in their packages. If you mail in the registration, the maker should notify you if the merchandise is recalled. But, considering that it can take a long time for a recall to show up and people often move in the meantime, shoppers need to continuously be aware of any alerts issued.
"As Is" Items Could Become Dangerous
Consumer protection authorities warn that the complete spectrum of consumer product safety is affected when a buyer decides to buy an "As Is" item. When a buyer chooses to give up their consumer protection security by buying "defective" or "As Is" goods, you might certainly be putting yourself at risk. While one may believe the act of the store selling a product that is certainly potentially unsafe should be viewed as professional negligence, if the sticker is on the item alerting the buyer, the store could be addressing their legal bases.
However, if you think you've been a victim of professional negligence of any kind you should seek out the help from an accident attorney as soon as possible.
Tuesday, November 2, 2010
Do you think You're Ill From Flawed Prescriptions?
Like many other things on the marketplace, medicine can be recalled or be deemed faulty. Flawed drugs and prescription medications can endanger the lives of thousands who trust the medication makers. Quite often the drug is taken off of the shelf but it is typically after thousands of people have tried it. Nonetheless, this is normally when the drug creator is pushed to do so because a personal injury has already been recorded.
In case you want to work with an individual who is current on the latest faulty product cases, it's best to consult with an experienced personal injury lawyer. Frankly,drug makers often go to great lengths to ensure the safety of the products they sell. Nevertheless, today's assessment methods are not fool-proof and many drugs make it onto the shelves although they likely shouldn't be there.
Never Let Faulty Drug treatments Destroy Your Life
Faulty medications can swiftly ruin lives. Most of the time it's too late to stop the damage the drug has done because it is recalled long after people have regularly been taking it. After all, it only takes a moment for the damage to be done. While most people think about defective medications causing death, sometimes they can affect people for years without actually being fatal. This can cause victims to suffer for years with pain, other related medical conditions, loss of wages, anxiety and other irritating issues.
If you work with a medical injury legal representative, it's their job to help you get compensation when you suffer with sickness or harm from an wrongly tested medicine or an undisclosed side effect or threat.
A personal injury attorney:
* Can help you gain your rightfully owed compensation.
* Can help you get financial assistance for your enormous medical bills.
* Can get you money for lost wages.
* Can help you win your case against even the biggest pharmaceutical company!
Generally, those suffering from medication liability medical issues will not seek the help of a legal professional because they feel as if they are so small when compared to the big medication makers they would be expected to "fight" against. They realize large drug manufacturers have on-hand hired attorneys who just work for them to solve drug liability lawsuits quickly and quietly. But, being frightened of the big drug businesses won't solve anything!
To get results you only need to find a trusted and knowledgeable attorney to help you gain the payment you should have. An experienced lawyer can help make the entire procedure painless and stress-free for you, as they do almost all of the work. Permitting the lawyer to take over and do the case work for you can allow you to heal quicker and focus on your health. As opposed to backing down and letting big drug companies harm others due to victims' inactions, step up and be seen! Let these drug producers know they must pay for their drug liability negligence.
In case you want to work with an individual who is current on the latest faulty product cases, it's best to consult with an experienced personal injury lawyer. Frankly,drug makers often go to great lengths to ensure the safety of the products they sell. Nevertheless, today's assessment methods are not fool-proof and many drugs make it onto the shelves although they likely shouldn't be there.
Never Let Faulty Drug treatments Destroy Your Life
Faulty medications can swiftly ruin lives. Most of the time it's too late to stop the damage the drug has done because it is recalled long after people have regularly been taking it. After all, it only takes a moment for the damage to be done. While most people think about defective medications causing death, sometimes they can affect people for years without actually being fatal. This can cause victims to suffer for years with pain, other related medical conditions, loss of wages, anxiety and other irritating issues.
If you work with a medical injury legal representative, it's their job to help you get compensation when you suffer with sickness or harm from an wrongly tested medicine or an undisclosed side effect or threat.
A personal injury attorney:
* Can help you gain your rightfully owed compensation.
* Can help you get financial assistance for your enormous medical bills.
* Can get you money for lost wages.
* Can help you win your case against even the biggest pharmaceutical company!
Generally, those suffering from medication liability medical issues will not seek the help of a legal professional because they feel as if they are so small when compared to the big medication makers they would be expected to "fight" against. They realize large drug manufacturers have on-hand hired attorneys who just work for them to solve drug liability lawsuits quickly and quietly. But, being frightened of the big drug businesses won't solve anything!
To get results you only need to find a trusted and knowledgeable attorney to help you gain the payment you should have. An experienced lawyer can help make the entire procedure painless and stress-free for you, as they do almost all of the work. Permitting the lawyer to take over and do the case work for you can allow you to heal quicker and focus on your health. As opposed to backing down and letting big drug companies harm others due to victims' inactions, step up and be seen! Let these drug producers know they must pay for their drug liability negligence.
Sunday, October 31, 2010
Get The Compensation You Deserve With Medical Malpractice Law Suits
While most people are uninformed of the issue, medical malpractice is a major problem in the Nation and all through the world. Regretably, an increasing number of medical personnel and clinical doctors have come to be negligent. So, as a result of their carelessness, people throughout the globe are hurting. Although there are many kinds of medical malpractice, the most widespread medical malpractice cases involve drug malpractice.
In many instances, if an ill person is given a medicine there are warning papers bundled in the product packaging. While these warnings are present, they don't completely cover all bases. In most cases, sometimes they don't offer protection to the producer of the medication from assuming liability if the patient develops more medical issues.
It is often presumed by patients that all medication in the marketplace are pretty risk-free but the real truth is many prescription medications are given to not well patients which have not been carefully screened. Because of this, there are med related health problems negatively effecting people today. If you or a friend is suffering with a prescription drug related illness, you could get your owed compensation using a personal injury attorney or medical malpractice law case.
Law Suits Pertaining To Medical Malpractice Or Medical Negligence Frequently Include:
* Improper Diagnosis
* Inappropriate doses given by doctors
* Prescription drug induced illnesses caused by medical negligence
* Operations negligence
* Elderly care negligence
If you feel that you have been or at this point are the victim of medical malpractice, it is essential for you to promptly contact an injury lawyer. Someone with experience in litigation involving medical malpractice can help you move forward. They can provide information to you to help you understand your rights and to ensure you receive compensation to help you with things like lost wages, pain and suffering and other areas in which you've likely been affected. Financial compensation can not only help you with problems you're currently facing but can also protect you for any long-term problems you may be facing in the future.
Remember, pill drug safety alerts might not contain everything that you can suffer the pain of because of medical negligence pertaining to prescription drug malpractice. It can be necessary for you pay attention to your medical concerns and connect with an attorney as soon as you are suspicious you might be a victim. Lawfully you could be able to build a lawsuit to help you gain compensation to help you pay for medical bills, help you get retrained for a new job position if you are unable to work in your past career, help you earn lost wage pay or help you gain monetary settlements for pain and suffering.
In many instances, if an ill person is given a medicine there are warning papers bundled in the product packaging. While these warnings are present, they don't completely cover all bases. In most cases, sometimes they don't offer protection to the producer of the medication from assuming liability if the patient develops more medical issues.
It is often presumed by patients that all medication in the marketplace are pretty risk-free but the real truth is many prescription medications are given to not well patients which have not been carefully screened. Because of this, there are med related health problems negatively effecting people today. If you or a friend is suffering with a prescription drug related illness, you could get your owed compensation using a personal injury attorney or medical malpractice law case.
Law Suits Pertaining To Medical Malpractice Or Medical Negligence Frequently Include:
* Improper Diagnosis
* Inappropriate doses given by doctors
* Prescription drug induced illnesses caused by medical negligence
* Operations negligence
* Elderly care negligence
If you feel that you have been or at this point are the victim of medical malpractice, it is essential for you to promptly contact an injury lawyer. Someone with experience in litigation involving medical malpractice can help you move forward. They can provide information to you to help you understand your rights and to ensure you receive compensation to help you with things like lost wages, pain and suffering and other areas in which you've likely been affected. Financial compensation can not only help you with problems you're currently facing but can also protect you for any long-term problems you may be facing in the future.
Remember, pill drug safety alerts might not contain everything that you can suffer the pain of because of medical negligence pertaining to prescription drug malpractice. It can be necessary for you pay attention to your medical concerns and connect with an attorney as soon as you are suspicious you might be a victim. Lawfully you could be able to build a lawsuit to help you gain compensation to help you pay for medical bills, help you get retrained for a new job position if you are unable to work in your past career, help you earn lost wage pay or help you gain monetary settlements for pain and suffering.
Monday, October 18, 2010
What You Will Want To Know About Premises Liability
Every time you step foot onto a property owner’s property you are putting yourself at some sort of risk. Property owners legally must keep their properties safe. However, accidents do occur and the liability often falls on the property owner. You may not be aware of it but even if you are injured in a criminal act like by a third party thief or rapist, the property owner can be held liable because they are legally obligated to ensure their property is safe at all times.
Property Liability is a case where any property owner, whether commercial or private, is legally accountable for the safety of anyone on his premises. Property owners have a duty to promote and maintain a safe and well-managed environment at all times.
Some of the most common injuries which could occur when a property isn't keep safe or well maintained include rapes, thefts, shootings, stabbings, slips, trips or falls. The most common type of injuries connected with these cases are the slips, trips or falls. Each year there are thousands of people injured due to these types of accidents and many of them could be prevented by the owner of the property. Just think: If a property owner kept their area well maintained, the fall wouldn’t happen at all.
Other types of Premises Liability include:
* Elevator or Escalator malfunctions
* Faulty stairs
* Falling shelving or products
* Electrocution
* Store fixture defects
* Defective balconies
* Icy paths
Negligent Security comes into play when security measurements are either minimal or non-existent. Armed security guards, video cameras, warning signs, watch dogs or a combination of these are common means of effective security at most places. This is especially true commercial establishments like gas stations, factories, parking lots, stores, malls, schools, ATM terminals, apartment vestibules and parking garages.
Other types of Negligent Security include:
* Bites by animals
* Childrens’ injuries
* Poor lighting
* Broken locks
* Lack of warning signs
* Snoozing watch guards
Regardless of whether one is attacked or a poor unfortunate victim of an accident, compensation is due, especially if the occurrence is beyond one’s control. Why? When one is a victim of negligence of any kind, his losses are great. A victim could be plagued with pain and suffering (physical, mental and emotional), time off from work, loss of wages, accumulated bills and medical expenses. The seriousness of this scenario could never be minimized.
Rather than sitting around and taking no action, contact a personal injury lawyer today to get your case started. Contacting an attorney is the first step in getting the compensation you not just deserve, but also need.
Property Liability is a case where any property owner, whether commercial or private, is legally accountable for the safety of anyone on his premises. Property owners have a duty to promote and maintain a safe and well-managed environment at all times.
Some of the most common injuries which could occur when a property isn't keep safe or well maintained include rapes, thefts, shootings, stabbings, slips, trips or falls. The most common type of injuries connected with these cases are the slips, trips or falls. Each year there are thousands of people injured due to these types of accidents and many of them could be prevented by the owner of the property. Just think: If a property owner kept their area well maintained, the fall wouldn’t happen at all.
Other types of Premises Liability include:
* Elevator or Escalator malfunctions
* Faulty stairs
* Falling shelving or products
* Electrocution
* Store fixture defects
* Defective balconies
* Icy paths
Negligent Security comes into play when security measurements are either minimal or non-existent. Armed security guards, video cameras, warning signs, watch dogs or a combination of these are common means of effective security at most places. This is especially true commercial establishments like gas stations, factories, parking lots, stores, malls, schools, ATM terminals, apartment vestibules and parking garages.
Other types of Negligent Security include:
* Bites by animals
* Childrens’ injuries
* Poor lighting
* Broken locks
* Lack of warning signs
* Snoozing watch guards
Regardless of whether one is attacked or a poor unfortunate victim of an accident, compensation is due, especially if the occurrence is beyond one’s control. Why? When one is a victim of negligence of any kind, his losses are great. A victim could be plagued with pain and suffering (physical, mental and emotional), time off from work, loss of wages, accumulated bills and medical expenses. The seriousness of this scenario could never be minimized.
Rather than sitting around and taking no action, contact a personal injury lawyer today to get your case started. Contacting an attorney is the first step in getting the compensation you not just deserve, but also need.
Wednesday, September 29, 2010
Important Points About The Laws Regarding Amputation Injuries
In the United States every year, there's an abundance of people who suffer with amputation injuries. Much like burn injuries, amputation injuries can easily be devastating for the victim and their family. This type of tragic injury can easily change someone’s life in a multitude of ways. Thus, those who are injured have the right to seek compensation when they're a victim of an amputation injury.
Types of Amputations:
There are two main types of amputations (upper and lower). The amputations which fit in the upper variety include amputation of arms, elbow, wrist, hand, finger or shoulder. Lower amputations include amputation of legs, ankles, feet, toes or hip.
Accidents Commonly Involving Amputations:
While there's an abundance of different accidents which might result in a victim requiring amputation or experiencing tragic amputation, the most common amputations are due to medical necessity, accidents, crime related events, defective product injury, work related injuries or car accidents.
Legal Liabilities Connected With Amputations
Liability of Premises – Premises liability includes a limb loss due to property danger. If someone loses their limb due to an unsafe area of a property, the owner of the property can be held accountable. This is due to the fact the owner must maintain the safety of the property at all times. Even if the owner issues warnings, they can easily still be held responsible for any injuries which occur.
Liability of Product - In this type of legal case, the loss of a limb is a result of a defective product. These types of lawsuits tend to be directed at the manufacturer of the product or the commercial vendor of the product. They are held under a strict liability case, which depends upon four main points of evidence:
* The case will examine whether the manufacturer upheld their obligation to create a safe product.
* The defects present are “unreasonably dangerous”.
* Defects caused injury.
* The product wasn’t changed from its original manufactured state prior to the injury occurred.
Liability #3: Negligence – While these are less common due to most employees being unable to sue their employer for injury due to the fact they sign a no-fault liability form, negligence liability cases may occur. These are usually created when the situation involves an intentional act of injury or danger initiated by the employer.
While negligence cases are not as common, injured workers may seek Workers Comp which is no-fault. It's used to help with financial burdens which accompany an injury and to give compensation if the injured person suffers with pain and suffering (physical or emotional).
There are four types of compensation a claimant can easily gain for past, present or future issues.
1) Medical care (past, present and future)
2) Rehabilitation Compensation (Vocational)
3) Temporary Disability (past, present and future)
4) Permanent Disability (past, present and future)
If you or a family member has been a victim of an amputation injury, seek a professional’s help immediately. You deserve to be compensated for your injury!
Types of Amputations:
There are two main types of amputations (upper and lower). The amputations which fit in the upper variety include amputation of arms, elbow, wrist, hand, finger or shoulder. Lower amputations include amputation of legs, ankles, feet, toes or hip.
Accidents Commonly Involving Amputations:
While there's an abundance of different accidents which might result in a victim requiring amputation or experiencing tragic amputation, the most common amputations are due to medical necessity, accidents, crime related events, defective product injury, work related injuries or car accidents.
Legal Liabilities Connected With Amputations
Liability of Premises – Premises liability includes a limb loss due to property danger. If someone loses their limb due to an unsafe area of a property, the owner of the property can be held accountable. This is due to the fact the owner must maintain the safety of the property at all times. Even if the owner issues warnings, they can easily still be held responsible for any injuries which occur.
Liability of Product - In this type of legal case, the loss of a limb is a result of a defective product. These types of lawsuits tend to be directed at the manufacturer of the product or the commercial vendor of the product. They are held under a strict liability case, which depends upon four main points of evidence:
* The case will examine whether the manufacturer upheld their obligation to create a safe product.
* The defects present are “unreasonably dangerous”.
* Defects caused injury.
* The product wasn’t changed from its original manufactured state prior to the injury occurred.
Liability #3: Negligence – While these are less common due to most employees being unable to sue their employer for injury due to the fact they sign a no-fault liability form, negligence liability cases may occur. These are usually created when the situation involves an intentional act of injury or danger initiated by the employer.
While negligence cases are not as common, injured workers may seek Workers Comp which is no-fault. It's used to help with financial burdens which accompany an injury and to give compensation if the injured person suffers with pain and suffering (physical or emotional).
There are four types of compensation a claimant can easily gain for past, present or future issues.
1) Medical care (past, present and future)
2) Rehabilitation Compensation (Vocational)
3) Temporary Disability (past, present and future)
4) Permanent Disability (past, present and future)
If you or a family member has been a victim of an amputation injury, seek a professional’s help immediately. You deserve to be compensated for your injury!
Friday, September 24, 2010
When You're In A Motorcycle Accident, Seek Out An Experienced Motorcycle Attorney
If you have ever owned or ridden a motorcycle, there is a chance you have been in at some time, an accident. Accidents involving motorcycles have gradually increased over the past five years which is quite depressing, especially when one considers that the rise has included both riders with helmets and riders without helmets. These stats show the increase in injuries in motorcycle accidents isn’t due only to the possible lack of safety gear but even more frightening, due to deficiencies in attentiveness and carelessness.
While a helmet cannot prevent a motorcycle accident, it can obviously lessen the injuries to the rider. The National Highway Traffic Safety Administration points out that up to 37% of those riding with a helmet can be saved from a fatal injury due to their wearing of the helmet. Death rates and overall injuries are less when a helmet is being worn, which is why most motorcycle riders do abide by helmet laws in many states and choose to wear them willingly in states without helmet laws.
If you or a family member is killed or injured in a motorcycle accident, a motorcycle accident lawyer will help you gain the compensation you and your family deserve. Lawyers in the accident field of law have experience in gathering information about the accident, evidence, photographs and other pertinent information needed for you to be successful in court.
When a client is helpful (when they are alive and capable of being) involved in the case can often be even more successful. However, in the case of a client who is too injured to give information you may still find many ways a lawyer can gather important medical records and other information needed to proceed with the case.
Because there are investigations conducted and evidence gathered when a motorcycle accident occurs, these types of accident cases are based on fault. Thus, they are awarded with fault in mind. Therefore, vital details are given to the motorcycle accident attorney so they can use them to your benefit. Because motorcycle injuries can be extremely lengthy and difficult to regain total health from, it’s important to gain the most compensation possible during the trial.
Due to the fact some states do have a time limit on filing a claim involving a motorcycle accident, it’s important for those involved in an accident to immediately seek out knowledge from an experienced motorcycle accident attorney.
The sooner a claim is filed and a case is developed, the sooner the compensation can be awarded and collected. If you don’t take action right away, you may miss your chance to file a claim altogether and be faced with extremely expensive medical bills and a very lengthy recovery period of time. Instead of worrying about money, you can be focused on the healing process when you’re working with an accident lawyer who's experienced in cases like yours.
While a helmet cannot prevent a motorcycle accident, it can obviously lessen the injuries to the rider. The National Highway Traffic Safety Administration points out that up to 37% of those riding with a helmet can be saved from a fatal injury due to their wearing of the helmet. Death rates and overall injuries are less when a helmet is being worn, which is why most motorcycle riders do abide by helmet laws in many states and choose to wear them willingly in states without helmet laws.
If you or a family member is killed or injured in a motorcycle accident, a motorcycle accident lawyer will help you gain the compensation you and your family deserve. Lawyers in the accident field of law have experience in gathering information about the accident, evidence, photographs and other pertinent information needed for you to be successful in court.
When a client is helpful (when they are alive and capable of being) involved in the case can often be even more successful. However, in the case of a client who is too injured to give information you may still find many ways a lawyer can gather important medical records and other information needed to proceed with the case.
Because there are investigations conducted and evidence gathered when a motorcycle accident occurs, these types of accident cases are based on fault. Thus, they are awarded with fault in mind. Therefore, vital details are given to the motorcycle accident attorney so they can use them to your benefit. Because motorcycle injuries can be extremely lengthy and difficult to regain total health from, it’s important to gain the most compensation possible during the trial.
Due to the fact some states do have a time limit on filing a claim involving a motorcycle accident, it’s important for those involved in an accident to immediately seek out knowledge from an experienced motorcycle accident attorney.
The sooner a claim is filed and a case is developed, the sooner the compensation can be awarded and collected. If you don’t take action right away, you may miss your chance to file a claim altogether and be faced with extremely expensive medical bills and a very lengthy recovery period of time. Instead of worrying about money, you can be focused on the healing process when you’re working with an accident lawyer who's experienced in cases like yours.
Wednesday, September 15, 2010
What You Need to Know - Burn Injuries And The Law
Personal injury lawyers have an understanding of there are many types of painful injuries a person can endure. However, there are few injuries which could cause as much long lasting pain and suffering as burn injuries.
Burn injuries often require lengthy recovery times, which can be expensive and painful for the victim and their family. Thus, personal injury attorneys can work to help victims and their families gain the compensation they deserve.
There are various types of burns a person could be victim to as well as many causes of burns. Some of the most common factors related to burn injuries include:
* The tissue involved – Due to the fact the body is composed of different types of tissue, the burn can easily be different, depending on the type of tissue involved in the injury. The upper layer of skin (epidermal layer) is much different than the tougher fibrous muscle tissue.
* How bad the burn is – Another important factor in a burn injury is how serious the burn itself is (from first degree to third degree).
* Are muscles, blood vessels, nerve-endings and bones affected – These forms of tissues are typically more serious and create more discomfort when affected by burns.
* Is there infection after the burn – It’s very important to keep infection at bay after a burn since burn injury infection can often lead to gangrene which will ultimately result in amputation or even death.
* Psychological Effects – Being the victim of a burn injury can bring on many emotions and be psychologically traumatic.
The following are the most common causes of burns:
* Heat – Flames or burners of all kinds.
* Chemical Causes – High Acidity or highly volatile liquids and compounds.
* Friction Burns – This occurs when there's contact with moving metal or wood, creating sparks.
* Electric Burns – This is due to live wiring burns and other electric related burns or fires.
Legal rights usually involve compensation from those parties responsible, including employers, those who own and operate commercial ventures, as well as others on whose property such an accident occurred.
Burn victim compensation could include:
* Medical expenses, past and future
* Income loss, past and future
* Job retraining costs or vocational rehabilitation
* Pain and suffering (past and future)
* Loss of spouse
Anyone who has had a recent burn injury should contact personal injury attorney immediately, especially if the damage is severe. You've got the right to seek help from a legal professional to help aid you in getting the financial compensation you deserve, as stated by the laws.
Burn injuries often require lengthy recovery times, which can be expensive and painful for the victim and their family. Thus, personal injury attorneys can work to help victims and their families gain the compensation they deserve.
There are various types of burns a person could be victim to as well as many causes of burns. Some of the most common factors related to burn injuries include:
* The tissue involved – Due to the fact the body is composed of different types of tissue, the burn can easily be different, depending on the type of tissue involved in the injury. The upper layer of skin (epidermal layer) is much different than the tougher fibrous muscle tissue.
* How bad the burn is – Another important factor in a burn injury is how serious the burn itself is (from first degree to third degree).
* Are muscles, blood vessels, nerve-endings and bones affected – These forms of tissues are typically more serious and create more discomfort when affected by burns.
* Is there infection after the burn – It’s very important to keep infection at bay after a burn since burn injury infection can often lead to gangrene which will ultimately result in amputation or even death.
* Psychological Effects – Being the victim of a burn injury can bring on many emotions and be psychologically traumatic.
The following are the most common causes of burns:
* Heat – Flames or burners of all kinds.
* Chemical Causes – High Acidity or highly volatile liquids and compounds.
* Friction Burns – This occurs when there's contact with moving metal or wood, creating sparks.
* Electric Burns – This is due to live wiring burns and other electric related burns or fires.
Legal rights usually involve compensation from those parties responsible, including employers, those who own and operate commercial ventures, as well as others on whose property such an accident occurred.
Burn victim compensation could include:
* Medical expenses, past and future
* Income loss, past and future
* Job retraining costs or vocational rehabilitation
* Pain and suffering (past and future)
* Loss of spouse
Anyone who has had a recent burn injury should contact personal injury attorney immediately, especially if the damage is severe. You've got the right to seek help from a legal professional to help aid you in getting the financial compensation you deserve, as stated by the laws.
Monday, August 30, 2010
What You Want To Understand About The Legal Rights Connected With Shoulder Dystocia
Shoulder Dystocia (also known as Erb’s Palsy and Brachial Plexus) is unfortunately an all-too-common result of birthing delivery. Quite often, medical negligence is the culprit. This really is why the law requires that doctors ensure all stages of pregnancy through delivery proceed carefully and with constant monitoring and quick, calm reaction.
Signs Of Shoulder Dystocia
Shoulder Dystocia is very serious that occurs when a shoulder or an arm is injured due to the result of an inadequate or unsafe delivery.
Signs of Shoulder Dystocia include:
* Any loss of sensation in the affected arm or shoulder area
* Any type of paralysis or immobility in the affected area
* Atropy or smallness of damaged limbs
Risk factors may sometimes compromise deliveries. The most common risk factors associated with delivery complications include:
* Maternal size: obesity/smallness in stature
* Small pelvic areas or misshaped pelvic areas
* Gestational Diabetes
* Oversized babies
* Breeched births
* Laboring periods extended from the norm
* Longer pregnancy term
* Assisted births (forceps used, vacuum extractor used, c-section births)
Negligence or Medical Malpractice
When a child delivery is occurring, most doctors are extremely careful to help ease the baby into the world in a safe and appropriate manner. However, there are occasionally complications where it's medically necessary for a doctor to use forceps, a vacuum extractor or to conduct a c-section to keep the baby and mother safe. Of course, if a doctor makes a bad decision or an inappropriate action they might be held in medical malpractice.
Medical negligence may occur when doctors or nurses:
* Fail to respond quickly to fetal distress
* Miss the 41/42-week mark (extended pregnancy)
* Fail to treat a condition of the mother during the pregnancy which might be harmful
* Fail to fix twisted or compressed umbilical cords
* Use forceps and/or vacuum extractors without need
* Refuse a c-section when necessary
* Ignore essential post-care birth procedures
Delivery And Birthing Legal Rights
While getting ready for the birthing process, parents should become informed on this complication and many others which are possible. Legally parents have the right to question a doctor and ask for an inquiry if they feel a doctor acted inappropriately during the birthing process. If it's determined the doctor indeed acted inappropriately during the birth, the parents should certainly gain the assistance of an experienced attorney to help them gain the compensation their family and child deserves.
Signs Of Shoulder Dystocia
Shoulder Dystocia is very serious that occurs when a shoulder or an arm is injured due to the result of an inadequate or unsafe delivery.
Signs of Shoulder Dystocia include:
* Any loss of sensation in the affected arm or shoulder area
* Any type of paralysis or immobility in the affected area
* Atropy or smallness of damaged limbs
Risk factors may sometimes compromise deliveries. The most common risk factors associated with delivery complications include:
* Maternal size: obesity/smallness in stature
* Small pelvic areas or misshaped pelvic areas
* Gestational Diabetes
* Oversized babies
* Breeched births
* Laboring periods extended from the norm
* Longer pregnancy term
* Assisted births (forceps used, vacuum extractor used, c-section births)
Negligence or Medical Malpractice
When a child delivery is occurring, most doctors are extremely careful to help ease the baby into the world in a safe and appropriate manner. However, there are occasionally complications where it's medically necessary for a doctor to use forceps, a vacuum extractor or to conduct a c-section to keep the baby and mother safe. Of course, if a doctor makes a bad decision or an inappropriate action they might be held in medical malpractice.
Medical negligence may occur when doctors or nurses:
* Fail to respond quickly to fetal distress
* Miss the 41/42-week mark (extended pregnancy)
* Fail to treat a condition of the mother during the pregnancy which might be harmful
* Fail to fix twisted or compressed umbilical cords
* Use forceps and/or vacuum extractors without need
* Refuse a c-section when necessary
* Ignore essential post-care birth procedures
Delivery And Birthing Legal Rights
While getting ready for the birthing process, parents should become informed on this complication and many others which are possible. Legally parents have the right to question a doctor and ask for an inquiry if they feel a doctor acted inappropriately during the birthing process. If it's determined the doctor indeed acted inappropriately during the birth, the parents should certainly gain the assistance of an experienced attorney to help them gain the compensation their family and child deserves.
Thursday, August 26, 2010
Accidents on the Water - How You're Protected
Seamen, sailors, captains of boats, fisherman and other employees who spend their workday on the water are protected by Maritime Law. This type of law pertains to work-related or boating accidents which occur. Often these accidents occur to those people who are working on the water or on boats in the water.
Often victims of this array of accidents will be protected even further under the Jones Act. This kind of Act was developed to help protect the rights of seamen who might otherwise be uncovered legally since they work on the water. Lawyers who are knowledgeable and experienced in the Jones Act can help victims and their families feel confident they are protected and are legally represented well to find the compensation they rightfully deserve, as quickly as possible.
Fault of negligence is the basis of the Jones Act. After an accident occurs, the injury claim is investigated. If the investigation determines the negligence is the responsibility of the plaintiff the awarded amount is then subtracted out of the 100% compensation. For example, if in the investigation it is found the seaman is 30% negligent for the accident which occurred to him, the awarded amount will be the remaining 70% only.
This process is called Comparative Fault and via it the account of fault of everyone involved is determined. Lawyers who specialize in Maritime Law and the Jones Act most often work on contingency which means the lawyer is paid when the injured party collects their payment, as well.
While the injured person is waiting on their trial to be completed and their award to be given, they are qualified to gain “Maintenance and Cure”. This is financial assistance to help the injured person pay their bills, pay for food and pay for living expenses. This type of compensation continues until an awarded no-fault Worker’s Compensation is given. The “Cure” area of this kind of plan deals with the cost of medical treatment or any other costs needed to help the injured person regain their health. These things can help the injured person until the trial is over.
While injures on work related boats do occur, most water related injuries occur on recreational boats or watercrafts. Many times these involve jet skis, fishing boats, kayak or other water vessels. In these cases, a personal injury attorney would be beneficial as they can sort out personal negligence cases (which depend on the state when the accident occurred).
US Coast Guard reveals most drowning accidents are due to the result of personal negligence because not all states require boating training. They would expect the death rates to drop incredibly if all states did require training, however.
Lawyers who specialize in Maritime Law will help you if you or a member of your family is injured or killed in a boating accident. Contact one immediately to begin the entire process of gaining the compensation you deserve.
Often victims of this array of accidents will be protected even further under the Jones Act. This kind of Act was developed to help protect the rights of seamen who might otherwise be uncovered legally since they work on the water. Lawyers who are knowledgeable and experienced in the Jones Act can help victims and their families feel confident they are protected and are legally represented well to find the compensation they rightfully deserve, as quickly as possible.
Fault of negligence is the basis of the Jones Act. After an accident occurs, the injury claim is investigated. If the investigation determines the negligence is the responsibility of the plaintiff the awarded amount is then subtracted out of the 100% compensation. For example, if in the investigation it is found the seaman is 30% negligent for the accident which occurred to him, the awarded amount will be the remaining 70% only.
This process is called Comparative Fault and via it the account of fault of everyone involved is determined. Lawyers who specialize in Maritime Law and the Jones Act most often work on contingency which means the lawyer is paid when the injured party collects their payment, as well.
While the injured person is waiting on their trial to be completed and their award to be given, they are qualified to gain “Maintenance and Cure”. This is financial assistance to help the injured person pay their bills, pay for food and pay for living expenses. This type of compensation continues until an awarded no-fault Worker’s Compensation is given. The “Cure” area of this kind of plan deals with the cost of medical treatment or any other costs needed to help the injured person regain their health. These things can help the injured person until the trial is over.
While injures on work related boats do occur, most water related injuries occur on recreational boats or watercrafts. Many times these involve jet skis, fishing boats, kayak or other water vessels. In these cases, a personal injury attorney would be beneficial as they can sort out personal negligence cases (which depend on the state when the accident occurred).
US Coast Guard reveals most drowning accidents are due to the result of personal negligence because not all states require boating training. They would expect the death rates to drop incredibly if all states did require training, however.
Lawyers who specialize in Maritime Law will help you if you or a member of your family is injured or killed in a boating accident. Contact one immediately to begin the entire process of gaining the compensation you deserve.
Saturday, August 21, 2010
Building Accident Employer And Employee Rights
Workplace safety is very important, which is why the Occupational Safety and Health Administration (OSHA) has regulations set to ensure all employees and employers are safe at all times.
What employee rights include:
* The authority to have the ability to view or access a copy of all workplace safety standards, regulations and rules must be given to all employees, as needed or desired.
* Employees have the right to be given access to any employee exposure or medical records as they desire or require them. This of course pertains to the employee's personal medical records.
* Employees have the authority to request an OSHA official to look for any potential dangers or hazards at the workplace, via an inspection. Another qualified person may be able to fill in instead of an OSHA official, however. The employee has the right to be with the inspector upon the inspection date, in addition to be present during the employer and inspector discussion.
* To require their names remain undisclosed to their employer, upon request, if they endorse and submit such a request in the form of a written compliant.
* To be free of any action that might be deemed retaliatory or discriminatory in nature on the part of the employer as a result of any OSHA compliant request.
Obligations Of Employers:
* Employers must provide employees with a safe workplace every day.
* To disclose all employees of all OSHA standards, rules, regulations and other mandates as they pertain to the workplace.
* To display the official chart of all OSHA standards, rules, regulations and mandates in an open, easily accessed, commonly trafficked area of the workplace so that every employee may see and review it anytime.
* Employers are required to develop a comprehensive hazard communication plan. The plan must offer proper container labeling, material information being used at work and safety sheets for employee review. In addition, it's required of the employers to give training to all employees on workplace safety.
* The employer is required to offer medical and exposure records for review by employees. They should be offered upon the hire date, each year after and at any other time requested by the employee.
If a construction worker is injured physically or killed due to a workplace situation, the employee or the family of the deceased employee does carry a right to collect damages due to them by law. These damages can include lost wager, medical bill hardships, costs for rehabilitation, compensation for emotional distress, pain and suffering compensation, financial compensation and other punitive damages for negligence. Worker's Compensation is given to all workers injured while working.
If you or a loved one has been killed or injured due to a construction job, please contact an experienced construction accident lawyer immediately to learn more on your rights. You may be able to be compensated for your physical, emotional or financial loss.
What employee rights include:
* The authority to have the ability to view or access a copy of all workplace safety standards, regulations and rules must be given to all employees, as needed or desired.
* Employees have the right to be given access to any employee exposure or medical records as they desire or require them. This of course pertains to the employee's personal medical records.
* Employees have the authority to request an OSHA official to look for any potential dangers or hazards at the workplace, via an inspection. Another qualified person may be able to fill in instead of an OSHA official, however. The employee has the right to be with the inspector upon the inspection date, in addition to be present during the employer and inspector discussion.
* To require their names remain undisclosed to their employer, upon request, if they endorse and submit such a request in the form of a written compliant.
* To be free of any action that might be deemed retaliatory or discriminatory in nature on the part of the employer as a result of any OSHA compliant request.
Obligations Of Employers:
* Employers must provide employees with a safe workplace every day.
* To disclose all employees of all OSHA standards, rules, regulations and other mandates as they pertain to the workplace.
* To display the official chart of all OSHA standards, rules, regulations and mandates in an open, easily accessed, commonly trafficked area of the workplace so that every employee may see and review it anytime.
* Employers are required to develop a comprehensive hazard communication plan. The plan must offer proper container labeling, material information being used at work and safety sheets for employee review. In addition, it's required of the employers to give training to all employees on workplace safety.
* The employer is required to offer medical and exposure records for review by employees. They should be offered upon the hire date, each year after and at any other time requested by the employee.
If a construction worker is injured physically or killed due to a workplace situation, the employee or the family of the deceased employee does carry a right to collect damages due to them by law. These damages can include lost wager, medical bill hardships, costs for rehabilitation, compensation for emotional distress, pain and suffering compensation, financial compensation and other punitive damages for negligence. Worker's Compensation is given to all workers injured while working.
If you or a loved one has been killed or injured due to a construction job, please contact an experienced construction accident lawyer immediately to learn more on your rights. You may be able to be compensated for your physical, emotional or financial loss.
Friday, July 30, 2010
Truck Accident Lawyers - Get the Assistance You Require
While everyone knows trucks on the highway can be dangerous to other drivers, the National Highway Traffic Safety Administration (NHTSA) only clarifies those fears by stating 8% of the highway deaths involve a heavy truck of some sort. Of these situations and accidents, about 75% of those fatalities are of drivers in vehicles other than the trucks themselves.
While these stats are dreary to consider, trucking accident laws are quite complicated overall. They often involve many factors, including the driver of the truck, the driver of the other vehicle, the truck manufacturer, the trucking company the driver works for and others involved.
Any number of these can be found at fault for the accident, which makes these cases complicated and lengthy in some cases. Other factors that have been at fault include the driver’s fatigue level, the speed of the drivers, breaking practices, attentiveness of the driver, fuel fires, overloading of trucks or mismanagement of the vehicles involved.
Federal law requires all truck drivers to keep a log book of information, because of the detailed data needed if they were to get into a trucking accident. The federally required Hours of Service Rules are necessary to protect the trucker in a case which he was not at fault. Any deviation the book shows on sleep schedules, driving schedules or negligent driving can be important parts of any trucking accident case. If a driver shows an empty or incomplete log book, he will automatically look questionable or suspicious if an accident does occur.
Truck accident lawyers typically gather information regarding the accident so that you can substantiate and verify the fault, which serves as the crux of every lawsuit involving a trucking accident. This evidence includes: medical documentation, driving histories of those involved, truck drivers’ training records and truck maintenance or loading schedules.
Vicarious liability is often mentioned in trucking accidents. It is sometimes called respondeat superior and it basically means a trucking company or other third party can be held responsible in a trucking accident. Thus, this part of the legal system can help hold trucking companies just as liable as the truck driver in an accident situation.
When a trucking accident occurs, the lawsuit might include different personal and legal obtainments including:
* Monetary Damages: This can include medical expenses and lost wages because of the accident.
* Non-Economic Damages – Pain and suffering and emotional distress
* Punitive Damages – Punishment toward guilty party behaving in bad faith
* Double And Triple Damages: Only used in extenuating circumstances or special cases.
After a trucking accident occurs to you or your family, be sure to hire an experienced trucking accident lawyer right away. You have the right to seek compensation and may gain awards that will help you with your physical distress, emotional distress or financial distress.
While these stats are dreary to consider, trucking accident laws are quite complicated overall. They often involve many factors, including the driver of the truck, the driver of the other vehicle, the truck manufacturer, the trucking company the driver works for and others involved.
Any number of these can be found at fault for the accident, which makes these cases complicated and lengthy in some cases. Other factors that have been at fault include the driver’s fatigue level, the speed of the drivers, breaking practices, attentiveness of the driver, fuel fires, overloading of trucks or mismanagement of the vehicles involved.
Federal law requires all truck drivers to keep a log book of information, because of the detailed data needed if they were to get into a trucking accident. The federally required Hours of Service Rules are necessary to protect the trucker in a case which he was not at fault. Any deviation the book shows on sleep schedules, driving schedules or negligent driving can be important parts of any trucking accident case. If a driver shows an empty or incomplete log book, he will automatically look questionable or suspicious if an accident does occur.
Truck accident lawyers typically gather information regarding the accident so that you can substantiate and verify the fault, which serves as the crux of every lawsuit involving a trucking accident. This evidence includes: medical documentation, driving histories of those involved, truck drivers’ training records and truck maintenance or loading schedules.
Vicarious liability is often mentioned in trucking accidents. It is sometimes called respondeat superior and it basically means a trucking company or other third party can be held responsible in a trucking accident. Thus, this part of the legal system can help hold trucking companies just as liable as the truck driver in an accident situation.
When a trucking accident occurs, the lawsuit might include different personal and legal obtainments including:
* Monetary Damages: This can include medical expenses and lost wages because of the accident.
* Non-Economic Damages – Pain and suffering and emotional distress
* Punitive Damages – Punishment toward guilty party behaving in bad faith
* Double And Triple Damages: Only used in extenuating circumstances or special cases.
After a trucking accident occurs to you or your family, be sure to hire an experienced trucking accident lawyer right away. You have the right to seek compensation and may gain awards that will help you with your physical distress, emotional distress or financial distress.
Friday, July 23, 2010
Hiring An Attorney For A Motorcycle DUI
Have you or someone you love been charged with a motorcycle DUI? If so, you may be trying to figure out what you can expect to occur next. Keep in mind, a motorcycle DUI or a traditional DUI is a serious crime and carries serious consequences.
Motorcycle DUI Consequences: Oregon
In Oregon, the consequences related to a motorcycle DUI or a traditional DUI are quite burdensome. A DUI conviction in the State will carry a mandatory license suspension, ignition interlock devices and jail time. Sometimes a lifetime revocation of all driving privileges is possible. In Oregon, there is no change for a plea bargain in a DUI case so there is no way the case will be reduced to reckless driving or another lesser charge. In addition, there could be additional collateral charges, travel restrictions, insurance issues and career complications.
There is however, a DUI Diversion program in Oregon that can help a motorcycle DUI case be fully dismissed. Those who are charged with a DUI should seek the help from a qualified attorney to help become qualified for this program. There is no reason for someone to attempt to get qualification without the help of a legal specialist.
Hiring An Attorney For A Motorcycle DUI Is Vital To Your Freedom
It is not a good idea to try to make your way through the criminal court process without the aid of an experienced lawyer. In fact, motorcycle DUI cases can be very complicated to navigate through. Regular people get charged with drunk driving on a daily basis, with many of them being prominent citizens with a clean record. In fact, they usually are regular people who have never committed a crime in their life and are terrified to be finding themselves in the courtroom.
When you have the help of a highly qualified motorcycle DUI lawyer, you will have an edge over the others who are being charged in similar cases. The court may see you as someone who is taking the issue very seriously and the lawyer can help you show the Judge the event has already had a lasting impact on your life.
In addition, a DUI lawyer can help you consider options like the fact field sobriety tests aren’t 100% accurate and are prone to error. If you weren’t given a blood test, your attorney may be able to build a case to help you. In addition, a lawyer can help you find missing witnesses or help you prepare a defense against the State’s witnesses.
Motorcycle DUI Consequences: Oregon
In Oregon, the consequences related to a motorcycle DUI or a traditional DUI are quite burdensome. A DUI conviction in the State will carry a mandatory license suspension, ignition interlock devices and jail time. Sometimes a lifetime revocation of all driving privileges is possible. In Oregon, there is no change for a plea bargain in a DUI case so there is no way the case will be reduced to reckless driving or another lesser charge. In addition, there could be additional collateral charges, travel restrictions, insurance issues and career complications.
There is however, a DUI Diversion program in Oregon that can help a motorcycle DUI case be fully dismissed. Those who are charged with a DUI should seek the help from a qualified attorney to help become qualified for this program. There is no reason for someone to attempt to get qualification without the help of a legal specialist.
Hiring An Attorney For A Motorcycle DUI Is Vital To Your Freedom
It is not a good idea to try to make your way through the criminal court process without the aid of an experienced lawyer. In fact, motorcycle DUI cases can be very complicated to navigate through. Regular people get charged with drunk driving on a daily basis, with many of them being prominent citizens with a clean record. In fact, they usually are regular people who have never committed a crime in their life and are terrified to be finding themselves in the courtroom.
When you have the help of a highly qualified motorcycle DUI lawyer, you will have an edge over the others who are being charged in similar cases. The court may see you as someone who is taking the issue very seriously and the lawyer can help you show the Judge the event has already had a lasting impact on your life.
In addition, a DUI lawyer can help you consider options like the fact field sobriety tests aren’t 100% accurate and are prone to error. If you weren’t given a blood test, your attorney may be able to build a case to help you. In addition, a lawyer can help you find missing witnesses or help you prepare a defense against the State’s witnesses.
Friday, July 16, 2010
Advice and Tips for Avoiding Boating Under The Influence Consequences
Most citizens know there are various laws in place within each state to protect drivers, passengers and the overall community from drunk drivers. However, some people are unaware there are similar laws involving boating. Both state and federal laws are in place to prohibit Boating Under The Influence (BUI) and these laws permit officials to stop any boat or watercraft to ensure the operator and passengers are safe and sober.
The main motivation for states to start passing Boating Under The Influence laws was due to the fact the percentage of alcohol related boating accidents began to rise rapidly. Statistics show that over half of the boating accidents in the United States involve drugs or alcohol. In addition, the Insurance Information Institute reveals the leading factor contributing to fatal boating accidents is alcohol.
Boating Under The Influence laws apply to those operating a fishing boat, a yacht, personal watercraft, a sailboat, a sailboard or any other watercraft. State laws traditionally define drunk boating crimes as: the operation of a watercraft on a body of water while under the influence of alcohol or drugs. Some states include the limits of a blood-alcohol concentration (BAC) of .08 percent while others are somewhat higher at 0.1 percent. In some states, the laws state if there is a minor who has been drinking and has any amount of alcohol in their blood-alcohol concentration, a BUI can be given.
Expensive fines, the addition of the charge to your criminal record, the loss of your boating license, the loss of your driver’s license and a hike in your insurance rates are all common consequences of a BUI. In addition, jail time can be part of the sentence.
What To Expect After Getting A BUI
The serious consequences related to a BUI charge is due to the fact a boating accident can lead to death or injury of the operator or passengers. These laws carry stiff punishments, much larger than a simple traffic ticket and they apply to both commercial and recreational boaters.
If you’ve been charged with a BUI and you’re a recreational boater, you can expect to have your boating license revoked or suspended. Often, the judge will also take away your driver’s license. Things like if you had minors on board, what number of offense this is for you and the details on whether anyone was injured can determine the rest of your punishment. If you’re a commercial boater and you are charged with a BUI, you can even lose your job.
Avoid Boating Under The Influence Consequences
* Get Educated: Whether you are in your home state or are traveling to boat, be sure you educate yourself beforehand on the local regulations involving alcohol in a boat. Some states will vary in their regulations on whether open containers of alcohol can be present on a watercraft.
* Get A Lawyer: If you are charged with a BUI, it’s important to talk immediately with a lawyer. The process of defending against a BUI charge can be complicated and finding a lawyer who specialized in boating laws can be helpful.
The main motivation for states to start passing Boating Under The Influence laws was due to the fact the percentage of alcohol related boating accidents began to rise rapidly. Statistics show that over half of the boating accidents in the United States involve drugs or alcohol. In addition, the Insurance Information Institute reveals the leading factor contributing to fatal boating accidents is alcohol.
Boating Under The Influence laws apply to those operating a fishing boat, a yacht, personal watercraft, a sailboat, a sailboard or any other watercraft. State laws traditionally define drunk boating crimes as: the operation of a watercraft on a body of water while under the influence of alcohol or drugs. Some states include the limits of a blood-alcohol concentration (BAC) of .08 percent while others are somewhat higher at 0.1 percent. In some states, the laws state if there is a minor who has been drinking and has any amount of alcohol in their blood-alcohol concentration, a BUI can be given.
Expensive fines, the addition of the charge to your criminal record, the loss of your boating license, the loss of your driver’s license and a hike in your insurance rates are all common consequences of a BUI. In addition, jail time can be part of the sentence.
What To Expect After Getting A BUI
The serious consequences related to a BUI charge is due to the fact a boating accident can lead to death or injury of the operator or passengers. These laws carry stiff punishments, much larger than a simple traffic ticket and they apply to both commercial and recreational boaters.
If you’ve been charged with a BUI and you’re a recreational boater, you can expect to have your boating license revoked or suspended. Often, the judge will also take away your driver’s license. Things like if you had minors on board, what number of offense this is for you and the details on whether anyone was injured can determine the rest of your punishment. If you’re a commercial boater and you are charged with a BUI, you can even lose your job.
Avoid Boating Under The Influence Consequences
* Get Educated: Whether you are in your home state or are traveling to boat, be sure you educate yourself beforehand on the local regulations involving alcohol in a boat. Some states will vary in their regulations on whether open containers of alcohol can be present on a watercraft.
* Get A Lawyer: If you are charged with a BUI, it’s important to talk immediately with a lawyer. The process of defending against a BUI charge can be complicated and finding a lawyer who specialized in boating laws can be helpful.
Saturday, July 3, 2010
What You Need to Know About Motorcycle Safety
Each and every year there are thousands of individuals injured or killed due to motorcycle accidents. Whilst often they're due to the faults of other vehicle drivers, learning to ride a motorcycle safely is imperative to all drivers' safety. When done safely, motorcycle riding can bring you thrills and excitement.
Safety Tips For Motorcycle Drivers
Be Seen
- Always stay in clear view of other drivers about the road.
- Be certain your headlight works and is on all the time (even in the day).
- You are able to use reflective strips and decals on your clothing and bike to add safety.
- Remember cars and trucks can have blind spots and act accordingly.
- When you're slowing down, flash your brake to alert other drivers.
- If drivers do not see you, use your horn.
Always Dress For Safe Riding
- Don't ever ride your motorcycle without a helmet and eye protection.
- Choose bright clothes and a light colored helmet so you'll be seen easily by other drivers.
- Leather clothing or clothing of thick material can really help protect you in case of the fall.
- Tall riding boots, gloves, pants and long sleeves can also help protect your body whilst riding.
- The only thing that will protect you from the road is your clothing and gear.
Constantly Stay In Mental Shape To Ride
- You must always be looking out about the road for changing road conditions and think about your time and spacing margins.
- Also, you must take extra time and space to react to the actions of other drivers.
- Give other drivers extra space and time to react to your movements.
- Think about your lane positioning and use it to be seen. Be certain to ride in the part of the lane where you're best seen.
- Be on the lookout for turning cars.
- Signal all of your future moves in advance to allow others the opportunity to react safely.
- Never weave between cars or between lanes.
- Don't ride when you're tired.
- Never ride if you're drinking or are on drugs.
- Follow the rules of the road, including the speed limit.
- Make it a habit of riding extra defensively.
Know Your Bike
- Unless you know you're bike very well, it's important for you to take a training course or a refresher course (if it's been a whilst since you rode).
- You can always call the Motorcycle Safety Foundation to find out where your local training courses are located.
- Before taking your bike out on the open road, be certain to practice driving it. You must know how to safely manage your bike in wet conditions, sandy conditions, windy conditions or uneven pavement conditions.
Remember, it's important to be prepared for anything on the road when you're riding or driving a motorcycle. The way you react to other drivers or the way you conduct your self can mean the difference between life and death in an accident. Be sure you're always well visible, wear your protective gear, are following the traffic laws and are aware of your surroundings at all times.
Safety Tips For Motorcycle Drivers
Be Seen
- Always stay in clear view of other drivers about the road.
- Be certain your headlight works and is on all the time (even in the day).
- You are able to use reflective strips and decals on your clothing and bike to add safety.
- Remember cars and trucks can have blind spots and act accordingly.
- When you're slowing down, flash your brake to alert other drivers.
- If drivers do not see you, use your horn.
Always Dress For Safe Riding
- Don't ever ride your motorcycle without a helmet and eye protection.
- Choose bright clothes and a light colored helmet so you'll be seen easily by other drivers.
- Leather clothing or clothing of thick material can really help protect you in case of the fall.
- Tall riding boots, gloves, pants and long sleeves can also help protect your body whilst riding.
- The only thing that will protect you from the road is your clothing and gear.
Constantly Stay In Mental Shape To Ride
- You must always be looking out about the road for changing road conditions and think about your time and spacing margins.
- Also, you must take extra time and space to react to the actions of other drivers.
- Give other drivers extra space and time to react to your movements.
- Think about your lane positioning and use it to be seen. Be certain to ride in the part of the lane where you're best seen.
- Be on the lookout for turning cars.
- Signal all of your future moves in advance to allow others the opportunity to react safely.
- Never weave between cars or between lanes.
- Don't ride when you're tired.
- Never ride if you're drinking or are on drugs.
- Follow the rules of the road, including the speed limit.
- Make it a habit of riding extra defensively.
Know Your Bike
- Unless you know you're bike very well, it's important for you to take a training course or a refresher course (if it's been a whilst since you rode).
- You can always call the Motorcycle Safety Foundation to find out where your local training courses are located.
- Before taking your bike out on the open road, be certain to practice driving it. You must know how to safely manage your bike in wet conditions, sandy conditions, windy conditions or uneven pavement conditions.
Remember, it's important to be prepared for anything on the road when you're riding or driving a motorcycle. The way you react to other drivers or the way you conduct your self can mean the difference between life and death in an accident. Be sure you're always well visible, wear your protective gear, are following the traffic laws and are aware of your surroundings at all times.
Friday, July 2, 2010
The Federal Government's Ban on Trucker Texting
Each year you will find thousands of trucking accidents caused by dangerous driving by truck operators. Several of these accidents are associated with truckers who are texting whilst they drive.
Statistics from the U.S. National Safety Council (January 2010) state you will find at least 200,000 people in accidents every year due to texting plus a recent study at the University of Utah showed there is 23 times greater risk of accident when the driver is texting.
When large commercial trucks are involved in accidents, the results usually involve death or brain injuries. Several also involve other family cars who are on the road in the truck's path during the time of the accident.
The government answered the public cry about this issue with a ban on all hand-held texting by drivers of large trucks plus buses. They are hoping this immediate ban will cut down on the rate of trucker texting mishaps.
Fines of up to $2,750 will be placed upon those truckers who text whilst drive as of now because the ban is effective immediately, according to Transportation Secretary Ray LaHood. Another texting ban was implemented to cover drivers of federal government vehicles in December 2009.
"We want the drivers of big rigs plus buses and those who share the roads with them to be safe," LaHood released in his statement. "This is a crucial safety step and we will be taking more to eliminate the threat of distracted driving."
There was quite a lot of research in the areas of calculating how long truckers took their eyes away from the road while sending or getting text messages. This trucker texting ban is a direct reaction to the information collected from these studies.
Already you will find about 24 states in the U.S. and many private companies of drivers who've placed bans on texting drivers of all motor vehicles and others are jumping on board daily. In fact, federal legislation has been introduced to establish a country-wide ban of texting whilst driving plus is expected to be reviewed soon.
Those parents who have teen drivers can certainly talk with their kids about how texting along with driving can lead to death or injury. Teen drivers are often the most inexperienced and most likely to text while driving their vehicle. Many parents are choosing to take their own action and placing their own texting bans on their kids whilst driving.
Regardless of whether you're driving your own personal vehicle or are the operator of a large commercial truck, texting while driving is totally irresponsible. This foolish act can cause death of the driver, death of innocent witnesses or horrendous injury to those involved.
In the past Americans have spoke out passionately against drunk drivers and the same is starting to happen against texting drivers. Until there is an American-wide legal ban on texting while driving, it is up to each driver to make the right choice.
Statistics from the U.S. National Safety Council (January 2010) state you will find at least 200,000 people in accidents every year due to texting plus a recent study at the University of Utah showed there is 23 times greater risk of accident when the driver is texting.
When large commercial trucks are involved in accidents, the results usually involve death or brain injuries. Several also involve other family cars who are on the road in the truck's path during the time of the accident.
The government answered the public cry about this issue with a ban on all hand-held texting by drivers of large trucks plus buses. They are hoping this immediate ban will cut down on the rate of trucker texting mishaps.
Fines of up to $2,750 will be placed upon those truckers who text whilst drive as of now because the ban is effective immediately, according to Transportation Secretary Ray LaHood. Another texting ban was implemented to cover drivers of federal government vehicles in December 2009.
"We want the drivers of big rigs plus buses and those who share the roads with them to be safe," LaHood released in his statement. "This is a crucial safety step and we will be taking more to eliminate the threat of distracted driving."
There was quite a lot of research in the areas of calculating how long truckers took their eyes away from the road while sending or getting text messages. This trucker texting ban is a direct reaction to the information collected from these studies.
Already you will find about 24 states in the U.S. and many private companies of drivers who've placed bans on texting drivers of all motor vehicles and others are jumping on board daily. In fact, federal legislation has been introduced to establish a country-wide ban of texting whilst driving plus is expected to be reviewed soon.
Those parents who have teen drivers can certainly talk with their kids about how texting along with driving can lead to death or injury. Teen drivers are often the most inexperienced and most likely to text while driving their vehicle. Many parents are choosing to take their own action and placing their own texting bans on their kids whilst driving.
Regardless of whether you're driving your own personal vehicle or are the operator of a large commercial truck, texting while driving is totally irresponsible. This foolish act can cause death of the driver, death of innocent witnesses or horrendous injury to those involved.
In the past Americans have spoke out passionately against drunk drivers and the same is starting to happen against texting drivers. Until there is an American-wide legal ban on texting while driving, it is up to each driver to make the right choice.
Friday, June 25, 2010
The Basics of the ELL Employer Liability Act
Being an employer comes with specific responsibilities and duties, including the responsibility to keep all workers safe. The Employer Liability Act was designed to help protect workers and their safety at the workplace. Thus, all employers, employees and independent contractors should fully have an understanding of it.
There's Employer Liability Insurance available to help protect businesses, however to fully protect yourself you must know what the regulations are and be proactive regarding worker safety. Also called the ELA (Employer Liability Act), this Act enables injured workers in some situations to get coverage in excess of Worker’s Compensation.
The ELL Employer Liability Act contains specific information for employers. A portion of this Act includes the law that employers are responsible for providing safety equipment to employees that will prevent injuries and fatalities at work.
To add even more protection, the Act states in Section 654.305 the employer must provide the necessary safety equipment whatever the cost. This protects workers when companies try to use the excuse of safety equipment being too costly or not in their budget.
When it comes to safety standards and naming a person who accounts for ensuring these are met under the Employer Liability Law Act, there is quite a list. Not only is the CEO or owner of the company responsible for ensuring the safety standards are met. As Section 654.315 of the Act states, “The owners, contractors, subcontractors, foremen, architects or other persons having charge of the particular work,” are responsible for overseeing the enforcement of the Employer Liability Law”.
When an employer and the injured worker are both engaged in a common enterprise activity where they both profit, the employer is liable for any injury or death caused to the worker. In addition, a company will be held liable for injuries or deaths if the activities of the worker were directed by the employer or when the work performed was directly supervised and controlled by the employer. These things are detailed and noted in the ELL Employer Liability Act.
Vicarious liability is one of the main components of the ELL Employer Liability Act. Vicarious liability essentially means that one person can be held responsible for the actions of another person. In a business or as a company, this can include situations with partners, joint ventures or co-conspirators. One person can be held liable for another person’s crimes or torts.
The protection from Employer Liability Law can ensure many employers stay safe to some extent, however if as an employer you face a liability case involving worker death or worker injury it will be to your advantage to consult with an attorney who focuses on employer liability law.
There's Employer Liability Insurance available to help protect businesses, however to fully protect yourself you must know what the regulations are and be proactive regarding worker safety. Also called the ELA (Employer Liability Act), this Act enables injured workers in some situations to get coverage in excess of Worker’s Compensation.
The ELL Employer Liability Act contains specific information for employers. A portion of this Act includes the law that employers are responsible for providing safety equipment to employees that will prevent injuries and fatalities at work.
To add even more protection, the Act states in Section 654.305 the employer must provide the necessary safety equipment whatever the cost. This protects workers when companies try to use the excuse of safety equipment being too costly or not in their budget.
When it comes to safety standards and naming a person who accounts for ensuring these are met under the Employer Liability Law Act, there is quite a list. Not only is the CEO or owner of the company responsible for ensuring the safety standards are met. As Section 654.315 of the Act states, “The owners, contractors, subcontractors, foremen, architects or other persons having charge of the particular work,” are responsible for overseeing the enforcement of the Employer Liability Law”.
When an employer and the injured worker are both engaged in a common enterprise activity where they both profit, the employer is liable for any injury or death caused to the worker. In addition, a company will be held liable for injuries or deaths if the activities of the worker were directed by the employer or when the work performed was directly supervised and controlled by the employer. These things are detailed and noted in the ELL Employer Liability Act.
Vicarious liability is one of the main components of the ELL Employer Liability Act. Vicarious liability essentially means that one person can be held responsible for the actions of another person. In a business or as a company, this can include situations with partners, joint ventures or co-conspirators. One person can be held liable for another person’s crimes or torts.
The protection from Employer Liability Law can ensure many employers stay safe to some extent, however if as an employer you face a liability case involving worker death or worker injury it will be to your advantage to consult with an attorney who focuses on employer liability law.
Thursday, May 27, 2010
How to Stay Safe On the Construction Site
Many construction workers are at a much higher risk of things like repetitive motion injury, welding mishaps, trench injuries, scaffolding injuries, defective equipment accidents, electrocution, falls and other dangerous injuries.
If you're not currently in the construction industry, you may not be aware of the following facts.
* In America, about 6% of the labor force is in the construction industry. This means about 7 million individuals work in construction, with almost 1.5 million of these being self-employed.
* It is estimated around 6,000 deaths occur every year in America due to construction related mishaps and injuries. Electrocution is the most common reason construction deaths occur.
* Very few construction companies have formal safety programs.
* Of the approximate 600,000 construction companies located in the USA, about 90% of them have less than 20 workers employed.
* Workers compensation costs include about 15% of construction related claims.
* Because of the constantly changing construction environment, it can be difficult to get safety procedures into place on a regular basis.
How To Avoid Construction Accidents
Construction mishaps almost always include falls, someone being hit, someone getting caught in something or electrocution.
To avoid construction falls, be sure to always wear personal fall arrest protective equipment. In addition, maintain perimeter protection as well as cover all floor openings. Labeling floor opening covers is also important. Lastly, use ladders and scaffolds safely and properly.
To help steer clear of the body hit construction accident, it's important to always be aware of your place on the construction site. You are able to wear bright clothing that helps everyone working around you be able to see where you're at all times. In addition, you can be more aware of any moving objects around you.
Construction mishaps where you're caught in something are very common and can be avoided. Never enter into a trench without it having a secure protective system already in place. Trenches over 5 feet must have a shield system but those smaller could also need this type of system. A sloping system, shoring system or benching system can help you avoid mishaps.
In the realm of construction injuries and deaths, electrocution plays a common role. Construction site managers who want to keep their workers safe from electrocution should enforce the following tips. First, all workers must know where all utilizes are located far before work has started. Those workers who are trained to use equipment must be told to look out for overhead electric lines. Any workers who use portable electric tools must be made to use grounded equipment.
When you know more about construction mishaps learn the facts and realize there are ways to avoid construction injuries, you are able to become a much better construction site supervisor.
If you're not currently in the construction industry, you may not be aware of the following facts.
* In America, about 6% of the labor force is in the construction industry. This means about 7 million individuals work in construction, with almost 1.5 million of these being self-employed.
* It is estimated around 6,000 deaths occur every year in America due to construction related mishaps and injuries. Electrocution is the most common reason construction deaths occur.
* Very few construction companies have formal safety programs.
* Of the approximate 600,000 construction companies located in the USA, about 90% of them have less than 20 workers employed.
* Workers compensation costs include about 15% of construction related claims.
* Because of the constantly changing construction environment, it can be difficult to get safety procedures into place on a regular basis.
How To Avoid Construction Accidents
Construction mishaps almost always include falls, someone being hit, someone getting caught in something or electrocution.
To avoid construction falls, be sure to always wear personal fall arrest protective equipment. In addition, maintain perimeter protection as well as cover all floor openings. Labeling floor opening covers is also important. Lastly, use ladders and scaffolds safely and properly.
To help steer clear of the body hit construction accident, it's important to always be aware of your place on the construction site. You are able to wear bright clothing that helps everyone working around you be able to see where you're at all times. In addition, you can be more aware of any moving objects around you.
Construction mishaps where you're caught in something are very common and can be avoided. Never enter into a trench without it having a secure protective system already in place. Trenches over 5 feet must have a shield system but those smaller could also need this type of system. A sloping system, shoring system or benching system can help you avoid mishaps.
In the realm of construction injuries and deaths, electrocution plays a common role. Construction site managers who want to keep their workers safe from electrocution should enforce the following tips. First, all workers must know where all utilizes are located far before work has started. Those workers who are trained to use equipment must be told to look out for overhead electric lines. Any workers who use portable electric tools must be made to use grounded equipment.
When you know more about construction mishaps learn the facts and realize there are ways to avoid construction injuries, you are able to become a much better construction site supervisor.
Saturday, April 24, 2010
Avoid Boating Accidents - 6 Methods for Staying Safe
Each Spring boaters from all over the country rush toward the lakes, rivers and moreover oceans to appreciate their boats. Of course, the first months of the Spring season are frequently one of the most dangerous times to boat because the water temperatures in lakes, rivers plus oceans are not yet warm.
Statistics show that four times as many fatalities happen in boating accidents if the water temperatures are 39 degrees or colder. Boating mishaps where the boat capsizes or where individuals fall overboard are the most typical fatality accidents on the water. If a boat's passenger falls into frigid water, they can immediately experience a loss of muscle control plus be unable to maneuver naturally or unable to swim.
When a human body is exposed to chilly water, it will cool down 25 times faster than if it were exposed to chilly air instead of water. Thus, even a few minutes in cold water can greatly affect the way the body can move or the way the person can breathe.
In 2008 there were 510 individuals who drowned in boating mishaps with 459 of them not wearing life jackets. Therefore, it's very important to wear a life jacket so you can stay afloat.
To stay safe this Spring season when boating, use these six boating safety guidelines:
1) Each Passenger Needs To Wear A Life Jacket: To be sure you'll float if an emergency occurs, always wear a life jacket. The life jacket you choose should be U.S. Coast Guard approved, should fit properly plus should be undamaged.
They should not be locked in closed compartments or put into plastic bags, as they will likely be needed to be accessed quickly in case of emergency. Wearing the life jacket at all times is the top way to be sure you're protected. In addition, each boat should have throw-able flotation devices handy.
2) Prepare For Possible Danger: Before you hit the water, be sure you are ready for any feasible threat or emergency situation. Always put your mobile phone in a waterproof plastic bag and moreover keep it in your pocket. Be sure to also leave a "float plan" with a friend or relative. having a first aid kit on board too as a supply of food and water is also very important.
3) Speak With Locals Regarding The Weather: Learning the typical weather conditions where you are boating within is important for your safety. Talk with locals about the weather forecast and moreover any potential hazards. After finding out the weather patterns, check to ensure your radio, GPS and flares are in working condition.
4) Protect Your self Against Hypothermia: Whenever the water temperatures are below 90 degrees, someone who falls overboard could suffer from hypothermia. So, be certain to wear clothing made of polypropylene or wool to help trap body heat in case you find yourself overboard.
5) Research Boating Regulations: Among the most important things you can do is ensure you're following proper boating regulations, such as ensuring all passengers are prepared with a life jacket or making sure you're not overloading the boat.
6) Always Stay Calm: If an emergency does strike or someone is thrown overboard, do not panic. If the boat overturns, get out of the water and stay with the boat (sit on top of it).
Statistics show that four times as many fatalities happen in boating accidents if the water temperatures are 39 degrees or colder. Boating mishaps where the boat capsizes or where individuals fall overboard are the most typical fatality accidents on the water. If a boat's passenger falls into frigid water, they can immediately experience a loss of muscle control plus be unable to maneuver naturally or unable to swim.
When a human body is exposed to chilly water, it will cool down 25 times faster than if it were exposed to chilly air instead of water. Thus, even a few minutes in cold water can greatly affect the way the body can move or the way the person can breathe.
In 2008 there were 510 individuals who drowned in boating mishaps with 459 of them not wearing life jackets. Therefore, it's very important to wear a life jacket so you can stay afloat.
To stay safe this Spring season when boating, use these six boating safety guidelines:
1) Each Passenger Needs To Wear A Life Jacket: To be sure you'll float if an emergency occurs, always wear a life jacket. The life jacket you choose should be U.S. Coast Guard approved, should fit properly plus should be undamaged.
They should not be locked in closed compartments or put into plastic bags, as they will likely be needed to be accessed quickly in case of emergency. Wearing the life jacket at all times is the top way to be sure you're protected. In addition, each boat should have throw-able flotation devices handy.
2) Prepare For Possible Danger: Before you hit the water, be sure you are ready for any feasible threat or emergency situation. Always put your mobile phone in a waterproof plastic bag and moreover keep it in your pocket. Be sure to also leave a "float plan" with a friend or relative. having a first aid kit on board too as a supply of food and water is also very important.
3) Speak With Locals Regarding The Weather: Learning the typical weather conditions where you are boating within is important for your safety. Talk with locals about the weather forecast and moreover any potential hazards. After finding out the weather patterns, check to ensure your radio, GPS and flares are in working condition.
4) Protect Your self Against Hypothermia: Whenever the water temperatures are below 90 degrees, someone who falls overboard could suffer from hypothermia. So, be certain to wear clothing made of polypropylene or wool to help trap body heat in case you find yourself overboard.
5) Research Boating Regulations: Among the most important things you can do is ensure you're following proper boating regulations, such as ensuring all passengers are prepared with a life jacket or making sure you're not overloading the boat.
6) Always Stay Calm: If an emergency does strike or someone is thrown overboard, do not panic. If the boat overturns, get out of the water and stay with the boat (sit on top of it).
Subscribe to:
Posts (Atom)
