Workplace Protective Equipment

It is clear that certain work environments pose hazards that require special protective gear to assure the well being of workers. Construction workers are one obvious example. Hard hats are needed to protect people from debris falling from above and steel toed safety boots are required so that there is less risk of foot injury resulting from dropped heavy equipment. In professions where there is regular exposure to hazardous chemicals, special gloves, goggles, and respirators may be necessary. Obviously, firefighters need suits that will protect them from extreme temperatures and air tanks that allow them to breathe in smoky environments. Regardless of the specifics, the point is that special jobs require special safety gear.

The Occupational Safety and Health Administration (OSHA) has established regulations regarding the personal protective equipment (PPE) responsibilities employers are required to meet. First of all, employers must analyze the work environment and determine if special safety equipment is necessary and, if it is, they must require workers to use it. This includes special training that teaches workers how to properly use, maintain, and adjust PPE. The must also teach employees to recognize when and what kind of equipment is necessary, and to know the limitations of safety gear. All of the protection equipment in the world will not protect workers who are not educated in the proper procedures for utilizing it.

While PPE is necessary in many workplaces, it should serve as a last line of defense. Employers should properly train their employees to act safely and avoid situations where safety gear is put to the test. Aside from training, scheduling, shift rotation, regular machinery maintenance, and a variety of other strategies can make sure that workers are not put in dangerous situations in the first place.

Even though employers have a legal responsibility to provide their employees with personal protective equipment when the workplace warrants it, workers must first and foremost watch out for their own safety. If you believe your employer may be neglecting their responsibility to protect their work force, report the issue to OSHA. If you have been injured due to this negligence, you may want to consider filing a lawsuit to attempt to receive compensation. An experienced legal professional can help you determine if this is a legitimate option to explore in your situation.

For more information about workplace regulations, visit the website of Philadelphia workers' compensation attorneys Lowenthal & Abrams, P.C.

Joseph Devine

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Eighteen Wheeler Tire Blow Outs

If the tire blew out on an eighteen wheeler then it could be from improper maintenance of the vehicle or poor training of the driver. If you were injured because of an eighteen wheeler tire blowout then you may be able to pursue compensation from the negligent truck driving company responsible for the tire blow out.

When the wheel of an enormous truck like an eighteen wheeler blows out it causes the driver to lose control of the cargo the truck is hauling and the truck itself. But tire blow outs happen quite often to eighteen wheeler trucks. Here are some of the common causes of tire blow outs:

High mileage - can be a direct cause to tire blowouts. Truck drivers haul cargo all over the country and may often drive at least one hundred thousand miles a year or more. With all this driving, it causes enormous wear and tear on the tires, causing more and more blowouts.
Poor maintenance- Tires that have not been maintained by the company represent a liability on the road because they can either be under inflated or over inflated. Most truck drivers will perform a walk around to inspect the tire pressure but these scanty checks can often lead to irregular tire pressures that result in tire blow outs.
Tire recaps- are done when the tread on the tire has been worn down. The tires are simply recapped with used tires that the manufacturer has modified to extend the tire's life. Tire blowouts can cause eighteen wheelers to lose control or even flip over on the highway. These accidents can be devastating for the truck driver and everyone sharing the road with the truck. These negligent actions are the result of truck companies not taking responsibility and maintaining their equipment adequately. If you have been injured or suffered due to an eighteen wheeler tire blow out visit Philadelphia personal injury.

Joseph Devine

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Occupational Respiratory Diseases

When most people think of workplace injuries, they generally imagine the dangers posed by machinery, power tools, high heights, or falling objects. While these are all serious threats to worker safety, there are other dangers that are less obvious. One category of such clandestine hazards is the risk for developing occupational respiratory diseases. When a person works in an environment where the air is heavily contaminated, they can develop a number of serious, and potentially life-threatening, lung problems.

Jobs that expose workers to heavy amounts of dusts, fumes, gases, vapors, and mists without the proper protective safety gear can easily put the employees in harm's way. Harmful dusts can result from working around wood, silica, asbestos, cotton, talk, or even foodstuffs such as grains and coffee. Fumes from heated metals and other hazardous materials (common in jobs involving welding, furnace work, plastic production, and smelting) can also be dangerous. High-heat work environments can also result in dangerous gases such as ammonia, chlorine, and sulfur dioxide. Painters and pest control professionals will regularly encounter paint and pesticide mists that are harmful to breathe in. Of course, for those who work around fire, smoke inhalation is a serious health risk.

When an employer operates a workplace where they know that there will be the risk of lung-damaging substances in the air, it is their responsibility to provide their works with the appropriate protective gear and teach them how to use and maintain it. They must also assure that the environment meets ventilation and temperature standards. Harmful chemicals must be openly marked and the risks clearly communicated to employees. If an employer fails to do these things and their workers suffer as a result, the company may be held liable for the employees' injuries. Problems should be reported at http://www.OSHA.gov.

For an employee, the consequences of lung conditions caused by hazardous work environments can be devastating. Medical bills can push the person into debt, a situation worsened by the possibility of missing significant amounts of work. If the individual is their family's only source of income, the results can be truly devastating. Workers' compensation may provide relief to employees who have been hurt due to their employer's negligence. A legal professional can help hurt workers receive the compensation they need and deserve.

For more information about workers' compensation and workplace dangers, visit the website of Philadelphia workers' compensation attorneys Lowenthal & Abrams P.C.

Joseph Devine

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Cerebral Palsy and Medical Negligence

Cerebral Palsy is often a term used to broadly cover a variety of neurological disorders affecting an individual's ability to control muscle function. Cerebral palsy is characterized as chronic and non-progressive, with assorted symptoms that differ from person to person. The United Cerebral Palsy Foundation estimates that as many as eight hundred thousand children and adults in the United States live with some form of the condition. It is also estimated that nearly ten thousand babies born in the United States will develop Cerebral Palsy. (Statistic courtesy of The Centers for Disease Control and Prevention) Although some people are able to lead completely normal lives without the need for any major assistance, others may never be able to care for themselves properly. For these people, the expense of managing their condition can be astronomical.

There are essentially three main causes of Cerebral Palsy. In general, the condition is due to abnormal brain development or a brain injury in the area that controls bodily movement. For years many physicians believed Cerebral Palsy was due to complications that occurred during labor and delivery. Today, however, there seem to more definitive causes.

The first reason Cerebral Palsy can occur is due to a congenital issue. This means the abnormal brain development happened early on in the pregnancy, or that damage occurred to the white matter of the brain in later stages of pregnancy. It can also be a result of bleeding in the brain from a fetal stroke, and/or loss of oxygen to the brain during labor and delivery.

A very small number of cases develop after the time of birth, but before the age of three. These cases generally come about because of a traumatic brain injury from an accident or abuse, or due to a severe illness such as meningitis.

The third, and most difficult cause of Cerebral Palsy to accept, is due to an issue that arose during the birthing process from medical negligence. This means that some action was taken by a member of the medical staff that could have or should have been avoided, resulting in an injury to the brain. These mistakes could have happened at some point during the pregnancy, during delivery, or even after delivery.

The symptoms can vary a great deal however there are some key warning signs that you should be aware of. These symptoms include: failure to reach key developmental milestones (such as walking or crawling), abnormal muscle tone (such as a floppy or stiff appearance), an early hand preference, or persistent reflexes. In order to be sure of whether or not your child has developed the condition a full medical exam needs to be carried out. This will be able to completely eliminate other movement disorders, or other types of medical conditions. It is important to note, there are several forms of Cerebral Palsy, as explained below.

Cerebral Palsy Spastic: Identifiable by awkward movements and stiff muscle tone. Other possible symptoms can include, trouble with speech, inability to eat, seizures, learning disabilities, weakness on one side of the body, and a "scissored gait". This type of Cerebral Palsy is the most common.

Cerebral Palsy Ataxic: The most recognizable symptoms of this form of the condition include poor coordination, poor balance, and an unusually wide gait. This is the least common form of Cerebral Palsy.

Cerebral Palsy Dyskinetic: Common symptoms include floppy muscle tone, difficulty walking, difficulty sitting, involuntary movements, difficulty eating, trouble with speech, and difficulty performing everyday tasks. These symptoms may worsen under stress, yet become completely unnoticeable while sleeping.

Mixed Cerebral Palsy: This form of the disorder can cause a mixture of symptoms including floppy and stiff muscle tone, and a wide range of dyskinetic movements.

Children who experience symptoms usually also have other issues with cognition, behavior, sensations, communication, and perception. Other medical issues such as recurrences of pneumonia and seizures are common as well.

Many infants and children who suffer with Cerebral Palsy may have to be cared for by a professional over the course of their entire lifetime. This may mean regular physical, speech, drug therapy, and surgical treatments to help improve or correct abnormalities. These individuals may also require orthotic devices such as braces, walkers, wheelchairs, and even specialized communication aids such as voice synthesizers.

If you believe your child's Cerebral Palsy was a result of medical negligence it is absolutely essential that you meet with an experienced attorney that can provide you with the assistance you need. These attorneys are a type of personal injury lawyer who know exactly how to go about obtaining the justice you deserve.

Compensation can be significant and can include: current and future medical expenses, pain and suffering, financial loss, and emotional distress. In many cases, you may be entitled to punitive damages as well.

Your attorney will be able to determine the validity of your claim and make sure it meets the basic principles for trial. This means you must be able to prove the medical professional did not act appropriately (within a reasonable standard of care) and that this failure resulted in the child developing Cerebral Palsy.

The process of filing this type of claim can be quite complicated. Your attorney knows exactly how to see the process through the system, obtain all necessary medical records, interview medical professionals, collect all needed evidence, and arrange for expert witnesses to testify. Since these attorneys typically work on a contingency basis, you pay nothing upfront.

If you are still unsure of whether or not you should contact an attorney, consider these facts: The cost of a lifetime of care for a child with Cerebral Palsy is over $920,000. This figure is in addition to the expenses of a person who does not have the condition and does not include costs for emergency room or hospital visits, residential care, and other miscellaneous expenses. (Statistic courtesy of The Centers for Disease Control and Prevention) The monetary reward you may receive cannot repair the damage that has occurred, but it can help to provide a positive future for you and your child.

For information on cerebral palsy lawyers & attorneys, visit the Philadelphia law firm website FeldmanShepherd.com

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Abuse of the Elderly is a Tragic Reality

It is a rather sad time in the United States when we have a day set aside (June 15) called Elder Abuse Awareness Day, intended to raise awareness of abuse towards older adults. This day is recognized by healthcare professionals and support groups and organizations around the world, not just in our country. According to the National Center on Elder Abuse (NCEA), elder abuse is the term used to refer to any knowing, intentional or negligent act by a caregiver or any other person that causes harm to a vulnerable adult. Much of this abuse takes place in nursing facilities and hospitals across the nation.

Abuse of an elderly person's finances is the most common form of elder abuse; however, there are many other kinds including physical abuse, sexual abuse, emotional abuse, neglect and abandonment.

Physical Abuse

Physical abuse is the use of physical force resulting in bodily injury, physical pain or impairment. Acts of physical abuse may include striking with a hand or object, beating, pushing, shaking, slapping, kicking, and burning. Force-feeding an elder adult is also considered physical abuse as is the inappropriate use of physical restraints.

Signs of physical abuse:

· Bruises, abrasions, burns, or broken bones

· Open wounds or cuts

· Broken eyeglass and other signs of being subjected to punishment

· Sudden change in behavior

Sexual Abuse

Sexual abuse is non-consensual contact with an elderly person that can include unwanted touching, sexual assault or battery such as rape, sodomy and sexually explicit photographing.

Signs of sexual abuse:

· Bruises around breasts and genital area

· Unexplained venereal disease or infection

· Unexplained vaginal or anal bleeding

· Torn or bloody undergarments

Emotional Abuse

Emotional abuse is the infliction of pain or distress through verbal and nonverbal acts such as insults, threats, humiliation, intimidation and harassment.

Signs of emotional abuse:

· Being upset or agitated

· Being withdrawn and non-communicative

· Unusual behavior

Neglect

Neglect is the failure to fulfill any part of a person's obligations to take care of the elder.

Signs of neglect:

· Malnutrition, dehydration, bedsores, or poor hygiene

· Untreated health problems

· Unsanitary living conditions

Abandonment

Abandonment is the desertion of the elder adult by an individual who is supposed to be taking care of him or her.

Signs of abandonment:

· The elder is left at the hospital or nursing facility

· The elder is left at a public place such as a shopping mall or church

Financial Exploitation

Financial exploitation is the most common type of abuse found in older adults and is defined as the illegal or improper use of an elder's funds, property or assets. Checks may be cashed that belong to the elder adult, signatures may be forged, and possessions may be stolen.

Signs of financial exploitation:

· Sudden changes in financial situation

· Additional names found on the elder's accounts

· Unauthorized withdrawals of money

· Disappearance of possessions

· Unexplained transfers of funds

· Evidence of forged signatures

If you feel a loved one may be the victim of elder abuse, please contact the nursing facility supervisor, hospital administrator, or some other person of authority in the institution in which the elder lives.

If your elderly loved one has been abused or neglected by a healthcare professional in Philadelphia or anywhere in Pennsylvania, please contact the Nursing Home Abuse & Neglect Lawyers at Pomerantz Perlberger & Lewis LLP.

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How Much is Your Personal Injury Case Worth?

Every case is different, but there are several general rules that can be used to "evaluate" a personal injury case.

1. "Value" is ultimately determined by a jury. Whether a case ever gets to a jury trial does not change the fact that everyone involved in your case attempts to determine the value of the case through the eyes of 12 potential jurors. This includes insurance companies, your attorney, and it should also include you.

2. Determining who is that fault. Under Pennsylvania law, "negligence" is broken down in terms of percentages. This is true whether the case is tried in front of a jury or for purposes of valuing the case at any time during settlement negotiations. Starting at 100%, the jury (and also an insurance company as well as any attorneys involved in the case), must determine who is at fault and also must determine their degree or percentage of fault. The defendant may be 100% at fault or may be found to be less than 100% at fault. A plaintiff, you, may also been found to be at fault. This is typical in a situation where the plaintiff is one of the drivers in the accident and there's a dispute as to how the accident occurred, or it is also typical in a situation where the plaintiff is claiming an injury because he or she fell on someone else's property. In those types of situations the defense argues that the plaintiff was some degree of fault. So long as the plaintiff is not found to be 51% or more negligent, the plaintiff is generally entitled to "recover" or be compensated for his or her injuries. For instance, if the jury finds the injured plaintiff to have injuries that are evaluated at $1,000 but finds the plaintiff 50% at fault, the plaintiff is awarded $500 in terms of a jury verdict. As another example if the jury finds the plaintiff to have injuries that they feel should be valued at $1,000 but finds the plaintiff 10% at fault, the plaintiffs is awarded $900 in terms of the jury verdict. Both sides go through this exercise throughout the settlement negotiations.

3. Medical bills, lost wages, future lost wages, and "out-of-pocket" expenses. These items are also used to evaluate a personal-injury case. Typically unpaid medical bills are what a jury will see. Judges usually do not allow juries do see the full amount of the medical bills if some of those bills were paid by other insurance coverage. An itemization of the time you missed from work, what that cost you, as well as what might be expected in future lost wages is also an "element" of damages. In addition, any "out-of-pocket" expenses are also items for which you can seek reimbursement. Therefore it is a good idea in any personal injury case to keep receipts for any expenses that you incur during the entire time from the beginning of the case to the end of the case.

4. Of course, your injury is one of if not the most important aspect in determining "value" in a personal injury case. The more serious the injury or injuries, the higher the value of the case. You will be asked to testify about your injuries. Your testimony will take place in a "deposition" which is a pre-trial statement under oath. We will prepare you for the deposition and will, of course, attend with you. If your case goes to trial, you will testify again about your injuries. Your doctor(s) will also be asked to testify at trial. Your doctors can use their office notes and reports in your medical chart to refresh their memory about your care and treatment. Thus, it is very important that you thoroughly and completely tell your doctors about all of your ailments related to your accident case throughout the treatment period.

5. The location of where the suit is filed also has an effect on the value of your case. It is well known amongst insurance companies and attorneys that some communities are more conservative, some more liberal. Therefore, the "jury pool" from each community goes into the evaluation of the personal injury case.

For more than two decades, Philadelphia Personal-Injury Lawyer Stuart A. Carpey has worked tirelessly protecting the rights of people injured in accidents. He wrote this article to assist consumers in knowing what factors are utilized in evaluating liability and damages in the personal injury case. For more information and articles on how to protect your rights, visit the Kreithen Baron & Carpey Philadelphia Personal-Injury Lawyer website.

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