Falling Object’s Workplace Injuries

Injuries are not restricted to auto accidents or just walking along a sidewalk, the workforce today is open to countless injuries annually.  Because countless people are employed in warehouses, factors, offices etc., and any place where an item is placed above your head, there could be a falling object incident.  We’ve all heard stories where a friend, family member, or even you have been involved in such an incident.  A falling object can cause harm to any appendage to include, the chest, shoulders, arms, hands, neck, and upper or lower back; these injuries are also one of the most costly injuries to companies. It would be safe to assume that these injuries tend to cause the work absences that cut into a company’s profits. While this may sound like a worker’s compensation matter, places like construction companies have subcontractor, parties subject to civil liabilities.

        Because there are certain jobs where this occurrence may happen more so than in others, the fact remains that it is likely in any workplace with a ceiling, ceiling tiles, etc. To avoid a possibly costly situation with employees being plagued by falling objects injuries, the following precautions can be taken:

  •      Keeping an eye out for possible safety hazards
  •      Placing signs out to make patrons, employees, etc, aware to look out for possible falling objects
  •      Place heavy objects on the floor out of walkways
  •      Being careful when removing items from above your head
  •      Using a ladder if you cannot see the contents of the shelf
  •      Getting someone to watch or assist when retrieving items from shelves
  •      Place items on the floor in storage closets

Despite all of the necessary care being taken to ensure that your job is done as accurately and efficiently as possible, care must be taken in the workplace.  While precautions are taken, there is always a possibility of an incident.  If you or someone you know has been affected by a falling object injury you need to seek medical assistance and speak with an attorney, like a personal injury lawyer Dekalb County GA relies on, to find out the circumstances needed to move forward.  In the event you or someone you know has been the victim of circumstances similar to the ones previously mentioned, please contact an attorney to get assistance.  There is nothing wrong with taking the time out to speak with a trained professional who can better articulate the next step, if any.

 

Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into workplace injuries.

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Workers compensation settlements and divorce

Is my spouse entitled to my workers compensation settlement if we divorce?

People worried about their workers compensation settlements and divorce are concerned whether their spouse will be entitled to their workers compensation settlement in a divorce. Courts in different cities and states have their own approach to entitlements to workers compensation settlements of a spouse in divorce. Your divorce lawyer can explain whether your court will likely apply the Analytic Approach, Mechanistic Approach or Unitary Approach to characterize workers compensation settlement in divorce.

If you are about to file a worker’s compensation case or are in the middle of your claim, tell the attorney, like a divorce attorney Collin County TX trusts, for your claim if you have a divorce case. If you have not yet filed for divorce, or your divorce is ongoing, the classification and division of marital property could be affected by your workers compensation case.

Analytic Approach

A majority of states take an analytic approach to separate portions of a settlement to be classified as separate or divisible community property. The court first identifies how much of the settlement represents pain and suffering. Pain and suffering is considered separate property not to be divided in the divorce. Your spouse may be entitled to their equitable share of the amount of the settlement that represents lost wages. It is important that your settlement order and judgment identify how much of a settlement is for pain and suffering and what may be for wages and reimbursed medical expenses.

Mechanistic Approach

A minority of states use the mechanistic approach and classify the entire settlement as marital property. Next, divorce courts in mechanistic states will make decisions about the distribution of the settlement based on their individual family laws and statutes that apply to workers compensation settlements and marital property.

Unitary Approach

The most infrequently used method to categorize workers compensation settlement money is the unitary approach which characterizes the entire settlement amount as separate property not subject to division in the divorce.

 

Thanks to our friends and contributors from Scroggins Legal for their insight into workers compensation settlement

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Why Should I Hire a Criminal Defense Lawyer if I’m Charged With a DUI?

A DUI (or, driving under the influence offense) is a very serious charge and conviction can result in jail time and hefty fines. During the legal process, it is important to remember to put protecting your rights at the top of your priority list. A criminal defense lawyer will consider your best interests while guiding you through the court system. A skilled DUI lawyer may be able to reduce your charge or have it reduced altogether. When you are arrested, you have the right to seek legal representation. If you cannot afford an attorney, you might be eligible for the services of a public defender at no charge to you. You also have the right to hire a criminal defense lawyer. Public defenders are licensed attorneys who represent those who cannot afford to hire a criminal defense lawyer. Due to most cities’ budget constraints however, the public defender’s office is often overworked and their caseload per attorney is high.

This, unfortunately, is not beneficial for the defendant as they will most likely not receive the focus and attention that their case demands for the best possible outcome. Although working with a public defender is better than representing yourself, it may not be the best solution. For many people who are charged with a serious crime such as a DUI, their main concern with hiring a criminal defense attorney is the cost. They may not qualify for the free services of a public defender. In addition, not hiring a DUI attorney can make all the difference in your case. In some instances, fines can run in the thousands of dollars. You might also lose your driver’s license which can affect your ability to commute to work and make a living. A DUI conviction might also affect your future job prospects, housing options, and personal relationships. Hiring a criminal defense attorney offers many advantages, including these:

  • Experience. A criminal defense attorney will be familiar with motor vehicle laws, upcoming and new legislation, and police procedures involved with DUI arrests. A public defender, on the other hand, must represent their clients in many areas of the law. This makes it challenging for them to specialize in representing DUI defendants.
  • Knowledge. When you are arrested for a DUI, your license will be revoked and you will be granted only a temporary driving permit which is meant to last until your trial. You will have a short time to request a hearing with the DMV to contest the suspension of your license. If you don’t do this, you can lose your license even if you are not convicted of the DUI. A public defender may not know or have the time or resources to inform you of what you need to know.
  • Keep your best interests in mind. A criminal defense attorney such as the DUI attorney Phoenix AZ locals turn to can focus more time, energy, and resources to your case than the average public defender. You cannot choose your public defender, but you can choose your criminal defense attorney. Most will offer a free initial consultation, and during that meeting you can inquire about their caseload to verify that they can dedicate themselves to your case.

 

Thanks to authors at Lorona Mead Attorneys at Law for their insight into Personal Injury Law.

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What Are the Consequences of a DUI?

There are many potential consequences that come from receiving a DUI conviction but, as DUI lawyer Fairfax VA trusts can attest, there are the  two major consequences. The first is having their driver’s license suspended and the second is the more serious criminal charges that frequently occur when a driver is stopped for driving while intoxicated or under the influence of drugs.

 

Driver’s License Suspension

When a driver refuses to take or fails a sobriety test, their license can be taken away from them, even before a drunk driving conviction. Their license is taken from them on the spot. Most states that take a driver’s license prior to a drunk driving conviction will hold an administrative hearing within five to ten days of the arrest. This appearance in court is completely separate from any additional court appearances and it does not take the place of the arraignment. In some drunk driving cases, the criminal court and the department of motor vehicles may both try to revoke or suspend the driver’s licenses at the same time.

 

An administrative hearing doesn’t decide if the driver is guilty of a criminal charge; it only decides whether the driver’s license should be revoked or suspended based on the circumstances regarding the arrest. Some factors that are considered are if the officer asked the driver to take a test, if the arrest was reasonable, and if the driver knew what would happen if they failed or refused the sobriety test.

 

Criminal Charges

Once a driver has been arrested for a DUI, they typically have to go to court for arraignment, trial, and sentencing. If there is no injury involved, a DUI conviction is most commonly seen as a misdemeanor. If a serious injury or a death occurred as a result of the DUI, the charge could be a felony. A felony can hold the consequences of a year or more in state prison, while a misdemeanor could end up in county jail for no more than one year.

 

If a driver pleads guilty or is found guilty, the sentence may include having their license suspended or revoked, taxes and fines, along with probation or jail. Should they receive probation, it is very common for them to have conditions set with their probation which could include an ignition interlock system which would prevent them from driving while intoxicated. They would also receive random BAC testing and have to pay for all costs that are incurred due to probation. First time offenders can have severe penalties for drunk driving and for multiple offenses the penalties are even greater.

 

Convicted drunk drivers will have a criminal record. The amount of time a DUI stays on their record will depend solely on the state. In some states, a drunk driving conviction is able to stay on a criminal record indefinitely. Credit bureaus, landlord, employers, and other authorized organizations will be able to access your criminal record. Convictions of a DUI can even affect immigration and travel records. For instance, Canada does not allow anyone to enter their country if they have a misdemeanor on their records. If someone is trying to become a US citizen, having a DUI conviction will often result in deportation.


Thanks to our friends and contributors from Dave Albo Attorney for their insights into consequences of a DUI.

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What Will Happen if I Get a DUI Charge Out of State?

If you were to receive a DUI while driving in your state, it would usually result in a license suspension, a hefty fine, or community service. The severity of your conviction would determine your punishment, so if individuals were killed in a car collision while you driving under the influence, you could even face jail time. However, many individuals are not clear on how to proceed if they receive a DUI citation while out of state and typically wonder if they can just ignore it. The following passage will attempt to give a general overview of what is expected of you after receiving an out of state DUI. Each state has a name and definition for a drunk-driving offense. The three main kinds are:

  • DUI, or driving under the influence
  • DWAI, or driving while ability is impaired.
  • DWI, or driving while intoxicated.

Most states have statutes that give a harsher punishment to a repeat offender than a first time offender. These statutes are put in place to discourage someone from committing the crime twice, if at all. Sometimes an out of state DUI may be enhanced to a more serious level offense, but some requirements need to be met before that can happen. Usually, the offense you are being charged for has to be similar to one you have previously been convicted for. Courts tend to consider the main characteristics of each offense, similarities in level of intent, and both states’ definitions of intoxication or impairment. If the characteristics of the charges are different between the charging state and state of residence, enhancement is possible. Some states have limitations on enhancement of out of state DUIs. Montana laws state that a DUI cannot be enhanced unless no longer than five years have passed since it was given. When seeking a reduction for an out of state DUI, you must be aware of the charging state’s standards. If you do not prove disqualification of out of state conviction, then you cannot do so later on in your case.  

Contact an Attorney

Some states adhere to the Interstate Driver’s License Compact which requires states to share conviction details about driving suspensions and traffic offenses–including DUIs. If one state convicts an out of state driver of a DUI, their resident state will be notified. Now a punishment can be curated by the home state regardless of where it happened. Many people mistakenly think they can avoid DUI consequences if they occur outside their state of residence. If you are unsure whether your state adheres to the Interstate Driver’s License Compact, or even if you must come back to the charging state for a hearing, you should contact a DUI lawyer to help sort out what you can expect after a charge such as the DUI attorney MD locals turn to. A DUI attorney can determine what consequences you face and can help you petition for a lesser punishment. Contact one today for a consultation, most attorneys offer them for free.

 

Thanks to authors at The Law Offices of Frederick J. Brynn PLC for their insight into Criminal Law.

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Construction Accident Rights

Many employees who work construction may find themselves suffering from a mild to serious injury due to their environment. Injuries can range from minor cuts and bruises, to concussions and broken bones. In this article we cover relevant information when it comes to knowing what exactly your rights are while in a construction workplace.

What Steps Can I Take Regarding an Unsafe Environment?

If you believe that an aspect or area of your work is unsafe, you can bring it to the attention of your immediate supervisor. Then, you can proceed to follow up with a written notice of the danger. If both these routes prove unsuccessful, you can submit a complaint to your closest OSHA office.

Are All Injuries that Occur While on the Job Covered?

In most cases, workers compensation can cover medical expenses related to your injuries. The system of workers compensation is designed in a way that can provide benefits to workers whether the injury was due to the employer’s negligence or employee’s misstep. There are some limits to the system, but in general injuries that are sustained due to the employee being intoxicated or under the influence of illegal drugs are not covered.

What Does an OSHA Worker Do During Their Inspection?

The OSHA employee will meet with your employer to communicate why the inspection is happening, and examine documents related to workplace hazards and injuries. The inspector will take a walk around the premises and inspect the work conditions. A representative and the employer are permitted to join the inspector in his or her walk-around. The OSHA inspector can talk with employees and ask questions about their work environment. Once the inspection is complete, the OSHA worker will inform the employer of possible violations there were observed and need to be addressed.

Who is Responsible for Making My Work Environment Safe?

The general contractor, sub-contractor and property owner can be held responsible for the level of safety in a workers construction area.

Should I See an Attorney?

Many employees may choose to consult with a construction accident attorney New York, NY, relies on regarding their injury if they feel they did not receive adequate benefits or compensation. Many law firms offer a free first case evaluation for potential new clients. Seeing an attorney can be a great way to help you decide if taking action against your employer is the right decision for you. Bringing any relevant paperwork and proof in relation to your injuries can help an attorney perform a thorough examination of your claim.

It is your right as an employee to work in a clean and safe environment. Being aware of your rights can help if an injury happens to you while on the clock. Many employees are afraid to seek compensation for their injuries from an employer due to fear of retaliation. However, there are many laws and legal professionals who can help you get through those fears and seek justice for your circumstances.

 

Thanks to our friends and contributors from the Law Offices of Laurence C. Tarowsky for their insight into construction accidents.

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Why Sitting All Day at Work Is Bad for Your Health

You probably already know that being sedentary is bad for your health. After all, everyone’s heard about the importance of exercise. But many people don’t realize exactly how bad it is to sit all day. And exercising won’t necessarily protect you from the damage caused by sitting down. If you spend a large portion of your day in a chair or on the couch, you’ll probably end up facing health problems down the road, even if you also hit the gym every single day. Here are four reasons your sedentary job is hurting your health.


1. Sitting all day is bad for your posture.

It’s easy to slouch when you sit for long periods of time, especially if you’re hunched over a keyboard. Over time, poor posture can lead to long-term back pain, as well as other body aches. You’re more likely to develop carpal tunnel syndrome, feel tired all the time, and even suffer from mood disorders, like depression, if you sit with bad posture for most of the day.


2. Sitting can increase your risk for many different diseases.

When you sit down all day, you aren’t just missing out on the benefits of exercise. Sitting actually contributes to the development of many different diseases. As the New York Times reported, a sedentary lifestyle — specifically, sitting for at least 9-10 hours per day — increases the risk of developing heart disease and other heart-related problems. Likewise, sitting still increases your insulin resistance, which makes you more likely to develop Type 2 diabetes. Several types of cancer, including prostate and breast cancer, are more prevalent in sedentary people as well.


3. A sedentary lifestyle can cause you to gain weight.

The less you move around during the day, the fewer calories you’ll burn. The average person burns about 60 calories per minute when they’re sitting down and 72 when they’re standing up. It’s easy to see how trading an active job for a sedentary job can be disastrous for your waistline unless you’re careful about your food intake.


4. Sitting all day makes you more likely to get injured.

Staying fit is an ongoing task. Without regular exercise, your muscles will quickly start to get weaker. If you have a sedentary job and don’t exercise regularly, your muscle tone could deteriorate, leaving you more vulnerable to injuries. If you sustain injuries from a serious accident, such as a car accident or a slip and fall accident, it may take your body a long time to recover, and a personal injury claim might not produce enough compensation to cover for those losses.


In Conclusion

Fortunately, even if you have a job that requires you to sit for much of the day, you don’t have to resign yourself to the health problems that go along with a sedentary lifestyle. The best way to protect yourself is to simply get moving! Once every hour, get up and move around — get a cup of coffee, go to the bathroom, or go up and down a few flights of stairs.

If you really need to sit still during your workday, chiropractic treatment may also help you avoid health complications. A chiropractor, like a chiropractor Gaithersburg MD relies on, helps to keep your spine healthy, which can ward off problems with your posture and relieve aches and pains. This, in turn, can make it easier to stay active and healthy during your free time.

 

Thanks to our friends and contributors from Pain & Arthritis Relief Center for their insight into chiropractic care.

 

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Can Airbags Cause an Injury?

The airbag was created to guard and protect, but is also responsible for immobilizing and permanent injuries in car accidents. Although airbag associated injuries are rare, if an individual obtains an injury from an airbag, it means that they have gone through a traumatic car accident. In 1997, 53 lives were taken as a result of airbags being deployed in accidents. During significant impact, car sensors deploy airbags hidden in the dashboard on the passenger’s side, and within the steering wheel on the drivers side.

 

How Airbags Cause Injuries

If the driver or passenger is sitting very close to the airbag when it deploys, they are at a higher risk of being injured by it. It is advised that you sit at minimum 10 inches from the airbag in front of you. Because airbags are known to deploy very fast, the sheer impact can cause severe injury. The process of airbag deployment uses hot gases and can be problematic if those gases get released into the car. A frequently occurring airbag related injury is if an airbag deploys late or fails and is the result of a car malfunction. It is common in old cars for the airbag to deploy in an overpowering way, with a lot of force. Fractured ribs, bones in the face, sternum, and ribs are common among the injuries sustained. Concussion is rare, however burns from the hot gases that result in deployment are not. Cuts, sprained wrists and fingers, and traumatic brain injury can occur.

 

Contact an Attorney

If you or a loved one was sustained injury caused an airbag, you can file a lawsuit against the manufacturer of your car. You may be compensated for lost wages and medical expenses associated with the accident. If you choose to pursue a lawsuit against the manufacturer, your Fredericksburg VA car accident lawyer may have to prove that your airbag did not function as it was supposed to. You should try and maintain as much evidence as you can, including keeping your broken airbag. You should not allow your vehicle to go to your insurance company, but instead make sure you still have it in case it needs to be examined. If you have a black box within your car, where your information is recorded regarding if you used the brakes, how fast you were going and if you had your seatbelt on, present the information in your lawsuit.

 


Thanks to our friends and contributors from Martin Wren, P.C., for their insight into car accidents.

 

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Getting Justice For Your Injury

Injuries to the spinal cord are especially dangerous and affect over 9,000 people annually. They can disrupt messages to your brain from your body, because they are made up of nerves that transmit signals. Spinal cord injuries can be considered as a complete injury or an incomplete injury. With a complete injury, the spinal cord cannot send signals below the area of said injury. Often times these injuries result in more permanent damage like leaving you paralyzed or dependent on a wheelchair for the rest of your life. Dealing with a spinal cord injury will be expensive, costing you thousands in medical expenses. While many individuals who suffer from spinal cord injuries receive them in a car accidents, some have been injured due to medical negligence, like a surgical error or error in anesthesia. You should consider contacting a personal injury lawyer if your case is like the latter. They will help prove that your spinal cord injury was the result of negligence on your doctor’s part. They can also launch a full on investigation into your injury where they will interview individuals involved in taking care of you during the time of your accident.


If your spinal cord injury has made you partially or fully paralyzed or resulted in nerve damage issues due to negligence from a surgeon, you can sue for personal injury. Any nurses, doctors, or other individuals who were negligent while treating your injury can and will be held liable for your spinal cord injury. However, in order for you to receive compensation for your injury, your attorney must to prove fault due to the doctor or nurse’s negligence as a causal factor in your spinal cord injury. Your attorney will help you gather evidence, give background checks on medical staff, interview witnesses, and go over your medical records.


It is not advised that you to handle a spinal cord injury claim without an experienced attorney or on your own. Medical malpractice and negligence cases are quite complex and it is crucial that you work with a lawyer who has the knowledge and understanding of your state’s laws surrounding the issue such as the
personal injury lawyer Cheyenne WY locals turn to. An attorney will make sure that you do not get taken advantage of by the other party’s  insurance company. If their insurance company attempts to offer you too low of a settlement, your lawyer can fight for higher compensation in court.

 

Thanks to authors at Cannon Hadfield Stieben & Doutt  for their insight into Personal Injury Law.

 

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Main Factors in choosing a lawyer to defend a Traffic or Criminal Case

If you get charged with a traffic violation or crime, it is in your best interest to hire a criminal lawyer such as the criminal defense lawyer Washington DC locals trust. He or she can help you build a strong defense and ensure that your rights are protected. However, if you get in trouble in an area you don’t know much about, it may be tricky to hire the right lawyer. You may wonder what factors you should look in a lawyer.

When you research different lawyers’ websites, it’s important to know what to look for. Here is some criteria to look for.  

  1.  Years of experience.  Find someone who is not just learning about your particular case.  While everyone has to start from somewhere, you probably do not want to hire a lawyer who just graduated from law school and has only handled a couple of criminal cases. He or she may not have enough experience to get you a successful outcome on your case. However, if you hire a seasoned criminal lawyer, he or she has likely dealt with many cases similar to yours and know the best approach to take.  
  2.  Type of experience.  Look for former Prosecutors.  It may be beneficial to hire a criminal lawyer who used to be a prosecutor. Prosecutors deal with hundreds of different cases every year and have likely seen cases like yours. Prosecutors have approximately 10 to 15 times the experience criminal lawyers have.
  3.  Awards.  Look for awards based on surveys of other lawyers.  The majority of lawyers likely have at least one award. However, many of these lawyers join organizations just so that they can give themselves awards. To find out if a lawyer is truly skilled, find awards based on surveys of other lawyers.  
  4.  Teaching other lawyers.  Look for lawyers who other lawyers pay to teach them the law.  All lawyers must take certain classes every year to make sure they are current on the law. They have to pay for these classes out of their own pocket, so they do not want to be taught by someone who just graduated from law school. If you hire a lawyer who has taught classes to other lawyers, you know that he or she has extensive knowledge of the law and is respected by other lawyers.

 

Thanks to Authors at Brynn Law for their insight into Criminal Defense Law.

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