Sunday, February 28, 2010
Mesothelioma Facts - Mesothelioma Lawyers in Oakland, California
http://www.youtube.com/watch?v=9UzFhed-FCQ&hl=en
Friday, February 26, 2010
Construction Injury Law
Construction work site injuries are governed by common law and statute. Common law is the body of law created by judicial decisions and statutory law is the body of law created by statute. A plaintiff may seek financial recovery under the common law tort theories of negligence and premises liability. A plaintiff may also seek relief through statutory employment law remedies like workers compensation.
Negligence
A construction worker injured on a work site may sue for negligence. Negligence occurs when a person fails to exercise the standard of care that a reasonable, prudent person would have exercised in a similar circumstance. In order to recover, the following must be proven:
(1) The defendant owed a duty to the plaintiff;
(2) The duty was breached;
(3) The breach was the actual and proximate cause of the plaintiff's injury; and
(4) The plaintiff suffered personal or property damage.
All people owe a general duty to act in accordance with how a reasonable, prudent person would in a similar circumstance. As such, reasonable, prudent people take precautions against unreasonable risks of injury to others. If unreasonable risk of injury to others occurs, a general duty of care is owed from the defendant to the plaintiff. No duty, though, is owed from the defendant to the plaintiff for unforeseeable risks. A higher standard of conduct applies to people who have special skill or knowledge above an ordinary person. For example, as opposed to acting as a reasonable person would, a general contractor must act as a "reasonable contractor" would.
Premises Liability
Construction injury law is also governed by premises liability, which is based on general principles of negligence. Premises liability law governs the duty that occupiers and land possessors owe to entrants on a property. A land possessor is not always the landowner. For example, a general contractor in charge of a construction project may be considered the land possessor. This duty exists regardless of ownership because the person in possession of the land is considered the best equipped to control and discover any dangerous conditions. A land possessor has a duty to maintain the property in a way that does not endanger others.
The difference between premises liability and negligence is that negligence places a general duty on all people to act reasonably and avoid foreseeable harm to others, while premises liability does not impose a general duty to act non-negligently. Rather the duty of due care depends on the relationship between the entrant and the land possessor. There are four types of entrants: invitees, children, trespassers, and licensees. Construction workers are considered business invitees. A business invitee is a person that enters the premises at the request of and for the purposes of the possessor. Consequently, possessors owe a duty to protect invitees against known dangers or dangers that can be reasonably discovered. Since premises liability is based on the possessor's negligence, unforeseeable risks or defects, or obvious risks that an invitee could have reasonable discovered, do not subject the possessor to liability.
Employment Law
Initially, common law governed the duty of an employee to provide a safe workplace as well as safe tools and equipment. The ineffectiveness of common law courts to provide legal remedies led to the creation of workers compensation statutes. State statutes determine worker compensation benefits. Workers compensation ensures that workers receive payment for lost wages and medical expenses. Relief can include medical care, temporary disability, permanent disability, and vocational rehabilitation.
Workers compensation laws affect potential legal claims. Employees receive benefits regardless of the employer's fault or the employee's own negligence. Because benefits are granted without determining fault, in most cases employers are protected from lawsuits from employees. Employees, though, may bring a lawsuit against a third party, such as the manufacturer of a defective product.
Violations of Statutes: OSHA
Occupational Safety and Health Act (OSHA) regulations are the most common safety regulations imposed on construction work sites. Federal laws promulgated under OSHA are in place to regulate workplace safety and health, and to enforce safety standards. Regulations entitle workers to a workplace free of known hazards. The land possessor is responsible for implementing OSHA regulations.
While OSHA violations do not create a private cause of action, many courts allow the admission of OSHA violations as proof of a defendant's duty and breach of duty in negligence lawsuits. For example, OSHA regulations can be used to show evidence of a standard of care or to show a violation of a regulation. At the same time, proof of compliance with OSHA does not relieve a defendant from a finding of negligence.
Who Can Be Liable?
To determine the liable party, it is necessary to ascertain the amount of control the individual retained over the premises of the construction site and over the performance of the work. As discussed, the amount of control over the work site helps to determine the land possessor, and thereby determine the liable party. The following duties apply:
• Landowners: In general, a landowner has a duty to protect guests from harmful conditions on their property. However, landowners are not always considered the land possessor. This determination depends on the degree of control that the landowner has on the premises during the construction project.
• General Contractors and Sub-Contractors: General contractors and sub-contractors have a duty to make certain a construction site is safe, warn of defects, hire competent employees, and comply with safety regulations.
• "Prime Contractors": A Prime contractor's duty only applies to the portion of the project hired to perform or for the work that is delegated to sub-contractors.
• Construction Equipment Manufacturers: Manufacturers may be liable for the construction of faulty equipment. In this situation, a product liability claim may be brought against the manufacturer.
For information on construction accident lawyers & attorneys, visit the Philadelphia law firm website FeldmanShepherd.com.
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Saturday, February 20, 2010
Forklift Accident Injuries
Common Causes of Forklift Accidents
Estimates indicate that thousands of people sustain injuries from forklift accidents every year. Forklifts, or powered industrial trucks (PIT), can be dangerous when the operator is unaware of how to use them or when they are defective. Commonly, accidents occur as a result of the forklift tipping over, unsafe driving, and falls from a forklift. Many tipping accidents occur when unloading and loading a forklift. According to the Occupational Safety & Health Administration (OSHA), 25 percent of all forklift deaths occur because a forklift tipped over and crushed a person beneath it.
OSHA attributes forklift accidents to the failure to follow safety procedures, insufficient training of operators, and the failure to enforce safety rules. Consequently, OSHA has implemented safety standards that require all forklift operators to receive training and to become certified prior to operating a forklift.
Receiving Workers' Compensation for a Forklift Accident
A forklift injury that occurs at a workplace, may entitle the injured worker to workers' compensation. Most states require employers to purchase workers' compensation insurance. Workers' compensation provides injured workers with benefits, such as medical treatment, job displacement benefits, permanent disability, and death benefits. These benefits are provided regardless of whether the employer or the employee is at fault. In exchange for the benefits provided an injured worker, an employer receives protection from a future lawsuit brought by the employee. If a worker dies because of the work-related injuries, death benefits may be available to eligible family members.
Bringing a Personal Injury Lawsuit
A worker may file a legal action against a third party that bears some responsibility in the accident. Possible third party defendants include the landowner, the general contractor of a construction site, and the forklift manufacturer. Civil courts hear personal injury claims, which must be brought within the time specified by the state.
Premises Liability of the Land Possessor
Landowners and occupiers owe a duty to make sure a property is safe. A forklift accident that occurs because of an unsafe condition on the property may create a cause of action against the landowner or the person in possession of the property. A landowner does not always possess the land. The land possessor is the person who has control over the property. The law imposes this responsibility because the person in possession of the land can easily discover dangerous conditions on the property. Consequently, a worker injured by a forklift at a construction site may have a cause of action against the general contractor, a subcontractor, or the person in charge of the construction site.
Negligence of a Third Party
While a worker may not bring a legal action against an employer if workers' compensation benefits are available, a person injured by a forklift may initiate a negligence claim against a third party responsible for their injuries. Negligence refers to a person's failure to act as a reasonable person would in a similar circumstance. A successful claim may result in damages for pain and suffering, and past, present, and future medical care and loss of earnings.
Products Liability for a Defective Forklift
Sometimes a forklift accident is the result of a defective part or forklift design. When this occurs, a person may have a legal claim for products liability against the manufacturer of the forklift. The theory of products liability imposes tort liability on the manufacturer or seller of a product that causes injury to a buyer, user, or bystander.
Most products liability actions rely on strict liability as the basis for the claim. Unlike a negligence claim, it is unnecessary to establish a defendant's fault. It is instead necessary to show that the forklift had an "unreasonably dangerous" manufacturing or design defect, the defect caused the plaintiff's injuries, and the product did not undergo any substantial changes from its original condition. A manufacturing defect is a defect that occurs during the manufacturing process, while a design defect refers to a poorly designed product.
Wrongful Death
If a forklift causes a person's death, the decedent's personal representative may bring a wrongful death action to recover compensation. The intent of a wrongful death action is to provide monetary compensation to a decedent's relatives. Most states allow a personal representative to file a claim on behalf of the decedent's spouse or children. Some states allow the parents of an unmarried decedent to recover damages.
State law governs wrongful death actions. Most require proof of three elements: the defendant's conduct caused the decedent's death, the defendant's actions amounted to negligence or intentional wrongful conduct, and the eligible family members and / or the DCE have incurred monetary damages because of the decedent's wrongful death. A plaintiff may recover non economic damages, such as compensation for loss of support, loss of anticipated earnings, and loss of consortium.
For information on wrongful death lawyers & attorneys, visit the Philadelphia law firm website FeldmanShepherd.com.
Thursday, February 18, 2010
Philadelphia Airbag Injury Lawyer Talks About Airbag Eye Injury Claims and Vision Injury Claims
Airbags involve the rapid deployment of a large cushion at speeds that can exceed 230 mph. The entire deployment and inflation process is about 0.2 sec. Airbags deploy in about 0.05 second. A vehicle changes speed so fast in a crash. Therefore, air bags must inflate rapidly if they are to help reduce the risk of the occupant hitting the car's interior.
Newer airbags trigger at a lesser speed. Still passengers must remain at least 10 inches from the bag to avoid injury from the bag in a crash. While airbags can protect a person under the right circumstances, they can also injure or kill. Protect yourself and your passengers from unnecessary injuries or even deaths.
Airbags produce more than 1200 lbs of force. Activated air bags can inflict severe eye injuries, including blindness, abrasions of the skin, hearing damage (from the sound during deployment), head and facial injuries, and breaking the fingers, hands or arms. The most common injuries are bruising of the eye socket and bleeding in the eyeball. Some of these victims go on to develop angle-recession glaucoma, or pressure in the eye due to rips in the eye's drainage system. Glaucoma can slowly destroy vision. The number of eye injuries from air bags may be rising. Pipe smoking should be avoided while driving. If the airbag inflates and hits the pipe, it is likely to be fatal, even in a moderate crash.
In 1990, the first automotive fatality attributed to an airbag was reported. Deaths peaked in 1997 at 53 in the United States. The National Highway Traffic Safety Administration reports that since 1990, airbag deployment has killed 227 people in low-severity crashes.
Serious or even fatal injuries can occur when someone is very close to, or in direct contact with an air bag module when the air bag deploys. Such injuries may be sustained by unrestrained or improperly restrained occupants who slide forward in the seat during pre-crash braking, unconscious drivers who are slumped over the steering wheel, and properly restrained drivers who sit too close to the steering wheel.
Children under 12 should always be restrained in a rear seat. A rear-facing infant restraint should never be put in the front seat of a vehicle with a front passenger air bag. Such a restraint places an infant's head close to the air bag module.
For more information about Evan Aidman, a Philadelphia, PA Vision Injury Lawyer and his work with clients with serious injuries click here: Philadelphia, PA Air Bag Injury Lawyer
Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor's Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.
Click Here for Attorney Aidman's website: Philadelphia Air bag Injury Lawyers
Tuesday, February 16, 2010
Toxic Air From 9-11 Adds to Death Toll
Just four months before the sixth anniversary of the World Trade Center attack in New York City on 9/11/01, the death toll of that fateful day has just climbed by one after New York officials announced the first reported death blamed on dust from the terrorist attack.
Felicia Dunn-Jones of Staten Island, New York died February 10, 2002; at the time, the cause of death was determined to be sarcoidosis with cardiac involvement. The New York City Chief Medical Examiner has concluded that Mrs. Dunn-Jones' exposure to WTC dust on 9/11 contributed to her death, and her death has now been ruled a homicide.
This ruling on Mrs. Dunn-Jones is the first to be directly linked to the dust and certainly will incite further review of other similar cases. To date, there are thousands of people with 9/11-related illnesses, and for years, doctors have asserted the Ground Zero dust was extremely harmful and even deadly. As time goes by and cases are examined more closely, the death toll from the attacks of 9/11 will surely rise, perhaps into the hundreds of thousands.
Over 700,000 people have added their names to a registry of those who believe they were exposed to toxic substances; the actual figure could be smaller, or it could run into millions - 10,000 of them so far have filed court claims. In the year following the attacks, firefighters developed sarcoidosis at five times the rate they had done so before; 26 firefighters who were working at Ground Zero within 72 hours of the attack subsequently developed the disease, according to the findings of a study published last month in the medical journal Chest Physician.
The first 34 floors of the twin towers contained asbestos sprayed on beams, floors and ceilings as fire retardants. More than 2,500 other contaminants were released into the air on 9/11, including fiberglass, mercury, cadmium, lead, dioxin, crystalline silicon and benzene - substances which, when breathed in, can cause cancer, cardiac, kidney, liver and neurological diseases, and pulmonary disorders such as asthma.
If you or a loved one has experienced similar toxic exposure as the victims of 9/11, you may have a legitimate legal claim. Please visit the website of Houston area Toxic Tort Attorneys Marc Whitehead & Associates if you have suffered from exposure to a toxic substance.
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Monday, February 15, 2010
Chronic Back Pain and Slip-and-Fall Accidents
Although slip-and-fall accidents may be relatively minor at times and may cause nothing more than embarrassment, they can also be serious in nature and can cause severe pain, suffering, and hospitalization. People may also suffer broken bones, concussion, and physical damage that may have long-term effects on a persons health and livelihood.
The bones of the spine, muscle structures, and nerves in the back are often placed at particular risk during a slip-and-fall accident. The back serves as a major source of stability for the body, and the spine helps connect vital parts together. The nerves in the spine help with the control and signal of movement to the limbs and extremities.
Persons who suffer back injuries may experience damage to muscles, ligaments, vertebrae, nerves, disks and other structures. Commonly reported back injuries include sprains, strains, tears, fractures, and other problems that may be serious enough to require hospitalization and medical treatment. When it comes to back injuries, people should treat any pains and problems very seriously and should seek attention for the problem as soon as it arises.
If a back injury is left untreated, it may become worse over time. Pinched nerves, shifted discs, and other problems can worsen over time and may cause severe pain and long-term damage. In addition, if people forego treatment and attempt to continue with daily activities, they may exacerbate the problem and can have a more difficult time of rehabilitation.
Serious back injuries may be irreversible or can have long-term effects on the individual involved in the accident. People may suffer from chronic back-pain that can prevent them from working, walking, and maintaining a normal, pain-free livelihood. Chronic back pain can come in spells or may arise when the person is tired or over-worked. There may be no cure for some types of chronic back-pain, and the affected individual may be forced to live with the consequences.
Persons may be injured in slip-and-fall injuries caused by liquid on walkways, objects in pedestrian areas, flooring problems, traction issues, and other problems. If the issue is caused by the failure or negligence of a property owner, the injured person may be eligible for compensation for pain, suffering, medical bills, and other damages.
For more information on chronic back pain caused by slip-and-fall accidents, visit the website of the Philadelphia slip-and-fall attorneys of Lowenthal & Abrams.
Joseph Devine
Saturday, February 13, 2010
A Philadelphia Personal Injury Lawyer Talks About Philadelphia Personal Injury and Bad Faith
Bad faith claims against insurance companies have increased. To increase the likelihood of success in such a claim, you need to send a "bad faith letter". Here is a sample.
Dear Insurer:
This will serve to formally advise you in your capacity as the insurer for the defendant that my client, Michael Jones will accept the sum of $15,000.00 in full settlement of this claim against your insured upon satisfactory proof that your insured’s liability insurance coverage for this accident does not exceed that figure.
This offer on my client’s part will remain open until April 30, 2007. Thereafter, no offers of settlement within your insured’s insurance coverage, assuming that coverage is as stated as above, will be considered. Furthermore, my client will thereafter look to your insured and the carrier for satisfaction of any verdict or any finding in excess of your insured’s stated insurance coverage.
As you know, the insurer assumes a fiduciary position towards the insured and becomes obligated to act in good faith and with due care in representing the interest of the insured when it asserts in the policy the right to handle all claims against the insured, including the right to make a binding settlement. If the insurer is derelict in this duty, as where it unreasonably refuses an offer of settlement, it may be liable, regardless of the limits of the policy, for the entire amount of the judgment secured against the insured.
You have a positive duty to notify your insured of the potential personal and economic liability in the event that you do not settle this claim within the time limits allotted herein. You must also take into consideration the mandates of Pennsylvania Rule of Civil Procedure 238 which requires that ten percent (10%) delay damages be added to the an award when the award is 125% of any offer in writing. To date, no offered has been made in writing to settle this claim. You are risking these damages on your company’s behalf and on behalf of your insured in the event that this matter does not settle within the time frame set forth in this letter.
Liability of your insured for this accident is readily apparent. Your insured struck my client while he was lawfully crossing 63rd Street at its intersection with Haverford Avenue. Your insured attempted to turn right onto City Avenue in disregard both of my client and a red traffic signal.
The likelihood of a verdict for less than $15,000.00 is extremely slight. Michael Jones suffered multiple cervical disc herniations and other serious injuries as the direct result of defendant's negligence. I am sure that anyone realistically evaluating this claim for settlement purposes would set a figure between $60,000.00 to $100,000.00.
It appears that your company has the choice of three alternatives in the handling of this claim.
1. Accept our demand of $15,000.00 within the time limit set forth in this letter by certifying the policy limit and tendering a Release in the stated amount;
2. Advise formally that the coverage is in excess of $15,000.00. This will result in a withdrawal of our present demand and renegotiation of this claim.
3. Refuse our demand either formally or by failing to act in accordance with the stated time limits of this letter. This will result in a withdrawal of the offer and an absolute refusal on our part to settle the claim for $15,000.00 or less at any stage of the proceedings. Moreover, any recovery in excess of the applicable policy limits will be enforced against your insured and the insurance company, including delay damages, in accordance with the applicable Pennsylvania law.
I suggest that you advise your insured of the contents of this letter and respond in writing to me within the necessary time limits.
For more information about Evan Aidman, a Philadelphia, PA Injury Lawyer and his work with clients with serious injuries click here: Philadelphia, PA Injury Lawyer
Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor's Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.
Click Here for Attorney Aidman's website: Philadelphia Personal Injury Attorneys
Friday, February 12, 2010
Carbon Monoxide Poisoning in the Workplace
When it comes to the safety of workers, it is essential for employers to consider possible dangers in the workplace and take steps to protect those who inhabit offices, job-sites, and warehouses. Carbon monoxide poisoning is a very serious problem that is the leading cause of accidental poisoning injury and death in the U.S.
Carbon monoxide is often referred to as the "Silent Killer" because it has no odor, no taste, and is not visible to the naked eye. People who are exposed to the gas may be unaware that they are in danger until it is too late, and they may suffer serious injuries or even death if exposed for a length of time. If an office or workspace is poorly ventilated, appliances and machinery that emit the gas may threaten the safety of employees who work in the area.
Commonly found appliances that may emit carbon monoxide include water heaters that run on gas, propane appliances like stoves and heaters, generators powered by diesel and gas, forklifts, saws, boat engines, and other commonly found items. Certain chemicals like spray paints, paint removers, and other commonly used items can also emit the gas and cause health problems for persons who may inhale the fumes.
The symptoms of carbon monoxide poisoning may be relatively minor at first and may be confused with common illnesses like the cold or flu. Persons exposed to the gas may complain of headaches, nausea, dizziness, and fatigue, all of which can easily be mistaken for other health problems. More serious symptoms may include chest pain, hallucinations, seizure, and other very severe reactions to the exposure.
People who have been exposed to the poisonous gas often require high doses of oxygen and may even be subjected to hyperbaric chambers as treatment in severe cases. Unfortunately, the gas may cause lasting injuries and serious health problems for individuals exposed in the workplace, and the injured parties may be eligible for compensation from the company for medical expenses and other costs.
If a worker suffers injury while working in the office or on the job-site, he or she may be able to pursue compensation from his or her company's worker's compensation plan. For more information on obtaining worker's compensation benefits, contact the Philadelphia worker's compensation attorneys of Lowenthal & Abrams, P.C.
Joseph Devine
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Thursday, February 11, 2010
A Philadelphia Vision Injury Lawyer Talks About Traumatic Brain Injury and Vision Issues
Traumatic Brain Injury And Related Vision Issues.
Over 8 million head injuries occur each year according to the National Center for Health Statistics. Modern medicine saves the vast majority of these people. Many traumatic brain injury survivors suffer from visual problems ranging from dry eyes to visual field loss to double vision. Many patients with visual problems after a head injury fail to receive adequate vision rehabilitation.
Brain injury may affect vision in many ways, including loss of visual field, spatial disorders, vertigo, dizziness and more. Patient may experience visual spatial disorders. When certain portions of the brain are damaged, the patient may fail to appreciate space to the left side.
Following injury to the brain, eye movements may become more jerky in nature. Nystagmus, a jerky motion of the eyes, may occur. Nystagmus results in a vertigo-like sensation. Damage to the brain stem may result in dizziness.
Dry eyes may occur after brain injury. Artificial tears or will usually control the problem.
Memory is often impaired after head injury. A person may no longer be able to recognize faces or letters. A common visual effect of brain injury is the loss of one's ability to see to the side. The most common form of field of vision loss is loss of half of the field of vision in each eye.
Light sensitivity is variable. Some patients have severe light sensitivity and others have no such problem. Tinted eyewear, may aid the patient.
Patients with field loss may benefit from the Visual Field Awareness System or the Peli Lens. Both of these systems increase the patient's ability to detect objects on the side of their visual field. Ocular convergence, or bringing the eyes together, is frequently impaired in brain injury. Orthoptic therapy may aid this problem.
For more information about Evan Aidman, a Philadelphia, PA Brain Injury Lawyer and his work with clients with serious injuries click here: Philadelphia, PA Injury Lawyer
Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor's Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.
Click Here for Attorney Aidman's website: Philadelphia Brain Injury Lawyers
Tuesday, February 9, 2010
Fetal Alcohol Syndrome - A Preventable Tragedy
Birth defects are a tragic potential outcome to pregnancy. It can be heart-breaking to have a child who suffers from a congenital or genetic abnormality. But more tragic still is when a child suffers from a preventable defect, an abnormality caused because of the mother's life decisions. Fetal Alcohol Syndrome (FAS) is such a disorder, one that affects the children of mothers who drank alcohol during their pregnancy, and one that can seriously diminish the life potential and happiness of the children who suffer from it.
The Cause
FAS is caused by drinking during pregnancy, which can cause the alcohol to cross the placential barrier, affecting the growth and development of the fetus. Worryingly, about 30% of American women admit to drinking at some point during their pregnancy, with as many as 15% of pregnant women admitting to have ingested alcohol recently.
Because the brain continues to grow and develop throughout each trimester, there is no safe time to drink during a pregnancy. If you do drink, you run the risk of permanently damaging your child. Virtually all medical health professionals agree that you should, under no circumstances, drink alcohol during your pregnancy.
The Effects
Fetal Alcohol Syndrome is a serious problem. It can cause damage to the brain and the nervous system, with long-term damage to cognitive abilities and behavioral regularity. FAS causes permanent, irreversible damage to the central nervous system, and frequently results in the victim having decreased intelligence, bad memory, attention issues, anger management problems, and poor cause-and-effect reasoning.
FAS is the number-one cause of mental retardation in the developed world. As many as 2 births out of 1000 in the United States are affected by the disorder; while this number may sound slight, it is significantly higher than the number of Down syndrome or spina bifida cases.
The long-term effects are equally tragic. Adults who suffer from Fetal Alcohol Syndrome are more likely to suffer with addictive tendencies of their own later in life, with drug and alcohol addictions being the norm rather than the exception.
The cost of FAS is borne by all of us. It is estimated that the lifetime social costs to a child suffering from FAS is $800,000. The non-monetary costs are also high, as is the personal tole the disorder takes on family and friends.
If you'd like to learn more about the dangers of Fetal Alcohol Syndrome and other medical disorders, visit the Philadelphia malpractice attorneys of Lowenthal & Abrams, P.C., at http://www.philadelphiamedicalmalpractice.com.
Joseph Devine
Monday, February 8, 2010
Heavy Machinery Injuries
Injuries Involving Heavy Machinery
Since the invention of heavy machinery, workers in industrial occupations have found that their duties have been altered in significant ways. Before the advent of machinery to help with industry, workers had to transport items manually and usually could not perform the tasks required of the job with the speed at which they move today.
Industries rely on machines like cranes, forklifts, trucks, and tractors to move items from one place to another, lift heavy items, and move large amounts of material from one place to another. The machines can lift heavier loads and carry more items than individual laborers could ever do on their own. Despite the fact that the machines of industry have eased the lives of workers and business owners, there are often serious risks involved in the operation of such vehicles.
Workers who suffer injury on the job-site may find themselves unable to attend work or perform the duties of their occupation. Injuries may require hospitalization, treatment, and rehabilitation before the employee can return to his or her normal duties. Worker's compensation was created to help workers who are injured on the job pay for medical expenses, lost wages and compensation, and other expenses incurred as a result of an accident.
While many people realize that accidents can happen at any time, workers who have to operate in or around heavy machinery may be at higher risk of severe injury. Commonly reported accidents have involved:
Mechanical breakdowns
Vehicle collisions
Workers run-over by work vehicles
Workers injured by dropped materials
Employees hurt by the misuse of the machinery
Injuries caused by defective parts
Employees working near an accident involving machines
Tire blowouts and other accidents caused by poor maintenance
If a worker is injured while performing the normal duties of his or her job, the individual may be able to apply for worker's compensation benefits from the employer. If a compensation claim is wrongly denied, the employee may choose to take legal action to gain benefits during his or her rehabilitation. Claims often rely on the reported details of the accident and may depend on the worker proving that he or she was injured while operating the machinery in the proper manner.
If you have been wrongly denied worker's compensation benefits, you may want to consult an experienced worker's compensation attorney. For more information, visit the website of the Philadelphia worker's compensation lawyers of Lowenthal & Abrams, P.C.
Joseph Devine
Saturday, February 6, 2010
Friday, February 5, 2010
Smoke Inhalation Injuries in the Workplace
Although most employers go to great lengths to make sure their employees operate in a safe and healthy environment, some industries and vocations require employees to be regularly exposed to health hazards like chemicals, heat, and smoke. Although the effects may take a while to truly develop into harmful symptoms, smoke inhalation is a serious issue and can severely affect an individual's ability to perform the duties of his or her job.
Factory workers, firefighters, restaurant kitchen crews, hazardous clean-up crews, and other workers may be exposed to smoke on a daily basis and may suffer serious injuries as a result. While many employers attempt to provide a smoke-free environment for the workers in their employ, it may be difficult to completely prevent the inhalation of smoke in the workplace.
Common symptoms of smoke inhalation often include:
Irritation of the lungs
Eye, nose, and throat irritation
Difficulty breathing
Persistent cough
Headache
Dizziness
Lack of energy and appetite
Persons who are suffering from the effects of smoke inhalation may experience mild symptoms at first that may worsen over time. They may continue to work without seeking medical attention and may eventually find that the symptoms prevent them from being able to perform the duties required by their employer.
If a worker is exposed to smoke for a long period of time, he or she may face serious health complications as a result. Many people complain of shortness of breath, lung problems, headaches and vertigo, and other health issues that may make it difficult to work. If a person finds himself or herself unable to work for a sustained period of time, he or she may be eligible for worker's compensation from his or her employer.
Workers who are injured while performing the required duties of their job may be able to seek compensation for medical bills, lost wages, and other expenses that may arise due to illness or injury. If you have been wrongly denied worker's compensation benefits, it is wise to consult an experienced worker's compensation lawyer to discuss your legal options.
For more information on smoke inhalation and workplace injuries, visit the website of the Philadelphia worker's compensation attorneys of Lowenthal & Abrams, P.C.
Joseph Devine
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Tuesday, February 2, 2010
Restaurant Kitchen Injuries
Eating establishments like restaurants, diners, and fast-food spots may be very busy places, especially during lunch and dinner. Restaurants typically find that they are much busier on weekends and holidays than they are during the week, but popular places may be busy any day of the week. Restaurant employees including waiterstaff, chefs, cooks, and busboys may suffer injuries while on the job, especially during busy times.
Restaurant kitchens are a common site for on-the-job injury. Kitchens may feature hot stoves, ovens, and grills that can cause burns to individuals working nearby. Kitchen utensils may also cause injury to employees, the most common of which are knife cuts and injuries caused by pots and pans. Restaurant kitchens may also have slippery surfaces upon which individuals may trip and fall.
In the event of an accident, the injured employee may be eligible for compensation for medical bills, pain, suffering, and lost wages under his or her employer's worker's compensation plan. If an employee is injured and is unable to work, the person may find it difficult to support himself or herself. Workers' compensation benefits are designed to help workers who are injured while performing the duties required of them by their employers.
Restaurant workers may be at risk of injury if the facilities are not properly maintained or cleaned after spills or accidents. Waitstaff and cooks may suffer injury in slip-and-fall accidents if liquid spills or food is left on the floor accidentally and is not quickly cleaned up. Employees may also suffer injury from improperly stored pots and pans.
Other common injuries include cuts from knives and other utensils during the preparation of food. Serious cuts can cause severe injuries to restaurant workers and may result in permanent disability. Burns are also common in areas where food is being prepared, often caused by open flame, heated surfaces, and cooking oil.
In the event of an injury, workers should immediately alert managers or supervisors and should seek immediate medical attention. Typically, the employer will document the incident and may require the individual to submit medical records detailing the nature of the injury. If you have been injured in a work related accident, you may wish to consult an experienced worker's compensation attorney.
For more information on worker's compensation claims, visit the website of the Philadelphia worker's compensation attorneys of Lowenthal & Abrams, P.C.
Joseph Devine
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