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Construction Sites Can Be Safer


Posted By on Jun 30, 2017

There are numerous accidents that can happen in construction sites – electrocution, falling, getting hit by a falling object, getting caught up in a malfunctioning machine, among others. But this does not mean that workers can just accept their fate. In fact, it can be said that they deserve to feel safe, even if construction sites are meant to be hazardous.

This is not just a moral issue. According to the website of the Goings Law Firm, LLC, those who have been injured in construction site accidents, whether they are workers or passersby, may recover compensation.

But preventing accidents will always be the better option, even if taking the case to court means that you can get money. Nothing can compensate the pain and suffering of sustaining an injury, especially if another party, particularly a negligent or reckless one, has been involved.

Cleaning the premises

Employers and employees should coordinate in construction site safety, and one of the easiest things they can do is to clean the site. This will minimize dust exposure, which can be particularly dangerous to the eyes, skin, throat, and lungs.

Organizing the premises

Another basic thing they can do is to organize the premises, in a way that will prevent unnecessary accidents that may arise from disorganization, such as slipping because of an unattended construction tool on the floor and getting hit on the head by a falling construction tool because it has been misplaced.

Installing instructions and warning signs

Some construction site hazards are more obvious than others, but no matter the obviousness, instructions and warning signs should always be present. You will never know, because construction workers may be too involved in the job that they forget how to use common sense. Even a minor mental lapse can result into a disaster, particular when equipment and heavy machines are involved.

Maintaining equipment

Even if the construction site is well-organized, an accident can still occur if the construction tools, equipment, and heavy machines are not properly maintained, because this may lead into defects and malfunctions that may ultimately result into accidents and injuries. Regular maintenance and inspection of these things should be done.

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Avoid Driving While Drunk


Posted By on Apr 28, 2017

Avoid Driving While Drunk

The worst car accidents happen because of the negligence and recklessness of drivers. One of the most negligent and reckless thing you can do on the road is to drive while under the influence of alcohol. This is because alcohol has significant effects on your body that can limit your capabilities. This puts you at risk of car accidents. In fact, it is not just you who is at risk, because the others around you may even be involved in the accidents that you may cause

According to the website of the Philadelphia personal injury attorneys at Zavodnick, Zavodnick & Lasky, LLC, those who have been victims of drunk driving accidents may get compensation from the responsible party – you. Not only that, drunk driving is also illegal, so you may face consequences such as substantial fines, license suspensions, and jail times.

The law is so strict against drunk driving because, as mentioned earlier, it is a threat in our roads. Here are some of the effects of alcohol on your body that can compromise your driving:

  • Emotional tendencies, and these emotions may serve as mental distractions
  • Feelings of drowsiness, making you close your eyes or lose focus on the road
  • Poor comprehension, making you prone to misunderstand and misjudge road signs and traffic events
  • Poor control of the body, especially the parts that are important for driving – head, eyes, arms, hands, legs, and feet
  • Reckless tendencies, as drunk drivers are more likely to speed and weave through traffic

Both the jurisdiction and the driver should stop drunk driving. For jurisdictions, they can make stricter DUI laws and increase the possibility of arrest, such as setting up check points on strategic locations and encouraging authorities to really arrest drunk drivers.

For drivers, the key to avoid drunk driving is to pass the burden of driving to someone else. Here are some of the things they can do:

  • Leave their vehicles at home
  • Take public transportation instead
  • Get a designated driver who will not take any impairment products
  • If they already have their vehicles with them, give their keys to someone else to prevent access
    Stay in until they become sober
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Life After Amputation Surgery


Posted By on Feb 14, 2017

The separation of a limb through surgical practice is known as amputation. According to Johns Hopkins Medicine, amputation is surgery to remove all or part of an arm or leg and may be done to treat injury, disease, or infection. The amputation of a limb can be a highly emotional experience with consequences that range beyond the physical cost of the amputation Once the amputation surgery is complete, there are still many steps that an amputee must take on the road to recovery.

The first action that must be taken once someone is made aware of his or her need for amputation surgery is careful planning. Both the financial and emotional burden must be accounted for ahead of time. The costs associated with the loss of a limb can extend far beyond the basic cost of surgery. According to the Spiros Law Firm, the costs that should be considered include the full range of medical care as well as the cost of any medical or prosthetic devices that will be required post-surgery.

Once the procedure is complete, the amputee will be taken to a recovery room in the hospital. Recovery time varies from patient to patient. Once the patient’s vial signs, including breathing, blood pressure, and pulse are stable then the patient is taken to a hospital room to begin physical therapy. This therapy reflects the patient’s individual needs and can include stretching and exercises designed to promote strength, stability, and coordination. The ultimate goal of this therapy is to ready the patient for prosthesis.

While in the hospital, prosthetic specialists will visit the patient in order to determine the best design and fit for the prosthesis. Then the specialist will make the prosthesis. Once the prosthesis is made and fitted to the patient, then the specialist instructs the patient how to move  with the limb. The patient will be allowed to go home from the hospital once doctors are sure that the healing process is going well and the patient can look after his or herself with assistance. Once home, the patient should continue to observe the protocol outlined by the doctors and specialists in the hospital. He or she should also expect to continue attending physical therapy. Additionally, pain medication and other types of medicine might still be required once a patient is sent home and should be accounted for as additional costs.

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The Consequences of a DWI Conviction


Posted By on Jan 3, 2017

An impaired or drunk-driving offense is referred to (in some states) as either driving while intoxicated (DWI) or driving under the influence (DUI). However, in states where both acronyms are used, DWI means intoxication due to alcohol, while DUI means being under the influence either or alcohol or prohibited drugs.

In all U.S. states, driving with a blood alcohol concentration (BAC) level of 0.08% or higher is a crime. First offenders are usually charged with a misdemeanor, granted that no one was injured or killed while driving under the influence. In such case (killing or injuring someone), plus if the BAC level is higher than 0.08% or if the offense is the third or fourth violation, the charge would be raised to something more serious: DWI felony or DUI felony.

In alcohol-impaired driving cases, drivers suspected of driving while intoxicated are pulled over by police officers and asked to take a breath-screening test, also known as the Alco-Sensor test – the purpose of which is to simply determine the possible presence of alcohol in the driver’s breath. A positive result can lead to an arrest and once the driver has been taken to the precinct, he/she will be required to undergo a second test, which is a chemical test of the saliva, urine, blood and/or breath (using an instrument like the AlcoTest, Intoxilyzer, DataMaster or Breathalyzer) to determine his/her BAC level. Refusal or failure to submit to this second test can result to revocation or suspension of his/her license – this is based on administrative license suspension laws from the state’s Department of Motor Vehicles (DMV). (Submitting oneself to a chemical test, if suspected of driving while intoxicated, is one of the conditions of licensure as stipulated by the DMV. Thus, a license implies that a driver has implicitly consented to the chemical test required by DMV). Administrative license suspension laws are observed in the District of Columbia and in 41 other U.S. states.

If convicted of DWI or DUI, a driver may also be required to have an ignition interlock device (IID) installed in his/her vehicle. The IID is wired to a vehicle’s ignition; it will require the driver’s breath sample and will only allow the engine to start if no alcohol is detected in the driver’s breath. The device also requires periodic breath tests (while the vehicle is being driven) to make sure that the driver is continuously free from the influence of alcohol.

Furthermore, the court may require DUI or DWI offenders to fill out an SR-22 or Certificate of Financial Responsibility (CFR) form (also known as FR-44 in some states) to enable them to enjoy their driving privileges again. This requirement usually lasts for three years and one effect of this is higher vehicle liability insurance premiums.

According to Westchester DWI lawyers at the Law Offices of Richard A. Portale, P.C., any person charged with DWI will need strong legal representation that will help him/her avoid unwanted penalties and which will save him/her from the harsh effects of a criminal conviction.

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The number of wage and hour lawsuits has increased over the years. According to a report by the Government Accountability Office (GAO), lawsuits that violate the Fair Labor Standards Act have increased exponentially in the last few years. Since 1991, FLSA cases have increased drastically by 514%. In 2012 alone, there were a total of 8,148 lawsuits filed excluding the number of unpaid overtime cases filed under state laws.

According to the website of Leichter Law Firm, the FLSA requires employers to pay employees who render more than 40 hours of week a rate of one and a half times their standard pay. Unfortunately, this is not happening and employees are left with no choice but to file a case against their employers. If successful, the employee may be able to receive the following damages:

Lost Wage
Aside from overtime pay, an employee who works overtime should receive at least the minimum wage. They should be paid the amount established by either the state or local minimum wage, if either one is higher than the Federal minimum wage. Non-payment may subject the employer to a legal claim filed by the employee in court or with the state labor department.

Overtime Pay
The FLSA requires employers to pay employees who render overtime the appropriate compensation which is one a half times their regular rate.

Damages
Damages in an unpaid overtime claim may be any of the following:

Unpaid Wages.
A successful claim may entitle the plaintiff to receive unpaid wages equivalent to the amount that employers failed to pay.

Interest.
You will also be receiving the amount of interest on the unpaid wages depending on the amount set by law. In lieu of the interest, an employee may also receive liquidated damages.

Penalties.
Depending on the state, your employer may be required to pay some penalties aside from the unpaid wages due to the driver.
Attorney’s Fees. If you win the case, your employer will also be paying attorney’s fees for pursuing the case.

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As most airline companies are based overseas, making them liable for any accident or injury can prove to be a challenge. There are several factors that can cause aviation accidents but whatever they are it will almost always be fatal for everyone on the plane. Depending on the cause, different parties can be held liable for the airplane crash. Aviation accidents are governed by Federal and state laws. Most states impose criminal sanctions on the liable parties.

Aviation laws are designed to maintain safety. There are several government agencies that regulate the aviation industry. The Federal Aviation Administration (FAA) handles aviation safety. The National Transportation Safety Board (NTSB) investigates accidents and provides safety recommendations to prevent future accidents. It is worth noting that these two agencies are independent of each other.

As to who can be held liable for aviation accidents? It will depend on the cause of the crash. For example, if the accident was due to human error or negligence, the liability will fall on the owner and operator of the aircraft. If the crash resulted from engineering or mechanical failure, the manufacturer or supplier of the components can be held liable.

The General Aviation Revitalization Act of 1994 (GARA) was enacted as protection for manufacturers of smaller private aircraft from any liabilities from accidents involving older airplanes and/or components. Under the law, a manufacturer of an aircraft or component part cannot be sued if the item has been operating for 18 years. GARA, however, is not applicable to aircraft that is involved in scheduled carrying of passengers or air medical services operations when the accident happened.

The liability will also differ depending on whether the flight was domestic or international. The rules will vary depending on the state as well as the airport. This is the reason why aviation accidents is one of the most complicated when it comes to determining liability. You can consult a Milwaukee accident lawyer for help on filing the case.

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Automobile and Pedestrian Accidents


Posted By on Apr 14, 2016

The National Highway Traffic Safety Administration’s (NHTSA) Traffic Safety Facts 2013 Data show the following statistical figures on pedestrian accidents for the said year:

  • A total of 4,735 pedestrians were killed in traffic crashes;
  • More than 150,000 pedestrians were also injured and treated in emergency departments;
  • 19% of all pedestrian deaths involved older adults or those aged 65 and above;
  • For every five children (below 14 years old) who died in traffic crashes, one was a pedestrian;
  • 49% of the traffic accidents that resulted in pedestrian death involved an alcohol-impaired driver, an alcohol-impaired pedestrian or both;
  • Most of the accidents that resulted to death of pedestrian occurred at night, at non-intersection locations and in urban areas.

Drivers of motor vehicles are almost always the ones blamed in pedestrian accidents. But while it is true that many drivers act recklessly or negligently while behind the wheel, some even deliberately driving too close to people to the point of almost hitting them, so many pedestrians have also become less careful when crossing the street. Below is a list of acts of negligence that drivers and pedestrians are guilty of:

  • Some drivers are guilty of speeding and aggressive driving; some pedestrians, on their part, are guilty of darting in front of vehicles, and failing to use designated cross walks.
  • Many drivers drive aggressively even during heavy traffic or drive faster during light traffic flow; many pedestrians, on their part, run through intersections or suddenly cross the street despite the high volume of motor vehicles on the street.
  • Many drivers are guilty of distracted driving, which takes away their attention from the road; some pedestrians, however, never check for possible approaching vehicles before crossing, while a number of others are much more absorbed on using their mobile devices, especially their cell phones, even when crossing the street.

As explained on the website of the Sampson Law Firm, ensuring the safety of pedestrians is not just the concern of motor vehicle drivers, of the federal, state and local governments, and private concerned groups. First and foremost, it should be the concern of the pedestrian himself/herself, which means, actually, of everyone in the United States because being a pedestrian is one thing that all Americans share in common.

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Despite improvements in medical and technological knowledge, there are still many instances that can go wrong during childbirth. One of those is Erb’s palsy. It is an injury sustained only during actual delivery and entails stress to the nerves located close to the neck known as the brachial plexus. The trauma occurs when the neck of the baby is stretched throughout a difficult delivery including a breech presentation (feet first), prolonged labor, or expulsion of a large baby. It may likewise be caused by the poor use of some instrument to ease delivery or improper technique, in which case the doctor might be responsible.

There are varying levels of trauma, from light (neurapraxia) to (avulsion). In neurapraxia, the nerves are injured but maybe not split, so the nerve should mind within 3 months. Avulsion, nevertheless, is the complete detachment of the nerves in the spinal cord, which can’t be fixed.

The brachial plexus controls the movement of palms and the arms. Infants who suffer Erb’s palsy might have partial, or numbness and weakness in a single arm or complete paralysis. An Erb’s Palsy attorney would probably point out that te permanence of these results will depend on the degree of the injury as well as the accessibility to treatment.

It must be noted that it can be tough to prove neglect as this form of trauma might be attributed to factors such as poor maternal health, beyond the attending physician’s control. Nonetheless, when the circumstances clearly indicate negligence, which includes the refusal of the physician when mom requested a caesarean section to do it also, then that is a different matter.

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