The Necessity of Legal Representation When Making a Workers’ Compensation Claim

The Necessity of Legal Representation When Making a Workers’ Compensation Claim

Many workers get injured in the workplace due many different reasons. According to the U.S. Department of Labor, the most common causes of injuries include:

– Office politics or arguments among workers that lead to violent acts;
– Repetitive motion, which often result to back injury or carpal tunnel syndrome;
– Getting entangled or caught in machines, a case most common in factories;
– Driving accident, which is a case common among company drivers;
– Being struck by a falling object, machine or vehicle, which is common among construction workers:
– Falling from a scaffold, ladder, stairs, roof or any elevated place;
– Slipping or tripping, which is actually the second most common cause of workplace injuries (the first is falls); and,
– Overexertion due to pulling, pushing, carrying, or lifting of heavy objects.

An injury, especially a serious one, can very well affect their financial capacity of an affected employee. This is the case if the injury renders the (injured) employee incapable of reporting back to work immediately due to the severity of the physical harm that he/she sustained. Because of this, a law was passed which allows workers, who suffer job-related injuries or who develop any type of job-related illness due to exposure to hazardous substances in the workplace, to receive financial benefits through the Workers’ Compensation Insurance program (also known as Workers’ Comp). This financial assistance may be received by an injured worker, regardless of whose fault the accident was; it is specifically designed to cover cost of medical treatment, lost wages, vocational rehabilitation and death.

Workers’ Compensation is mandated and administered by the state. It is required that employers make Workers’ Compensation coverage a part of employee benefits. Often, however, despite the obvious and qualifying type of injury or illness, employers and insurance providers make it so hard for workers to claim the benefits they are legally entitled to.

Fayetteville workers’ compensation attorneys know for a fact that injury claims would result to higher insurance premiums which employers will have to pay. This, however, is and will never be an acceptable basis for injured workers to be denied of the financial benefits that the law has allotted for them.

Claiming from Workers’ Compensation is a legal process; thus, it may be advantageous and beneficial for injured workers to have legal representation when making a claim.

Car Accidents: The Leading Cause of Spinal Cord Injury in the U.S.

Car Accidents: The Leading Cause of Spinal Cord Injury in the U.S.

The spinal cord is one of the human body’s most delicate and sensitive parts. It is a bundle of nerve tissues and support cells, and it forms the central nervous system together with the human brain. The brain serves as the body’s command center, while the spinal cord serves as the pathway where all messages from the brain are carried to the different parts of the body and vice versa.

A spinal cord injury can damage the vertebrae, the ligaments or spinal column disks, or the spinal cord itself. A traumatic spinal cord injury, which is caused by a knife or gunshot would that cuts and pierces the spinal cord or a sudden, forceful blow to the spine, can fracture, crush, dislocate, or compress an area of the vertebrae. A non-traumatic spinal cord injury, on the other hand, may be a result of cancer, arthritis, infections, inflammation, or disk degeneration of the spine.

Severe damage to the spinal cord damage can result either in partial or total paralysis. In partial paralysis, which is more commonly known as Paraplegia, there is loss of function and control on one side of the body. There are cases wherein, despite the loss of control, the paralyzed area is still able to feel. Total paralysis or Quadriplegia refers to total loss of function and control of body parts due to injury to the spinal cord. Affected body parts will depend on the area of damage to the spinal cord. This means that the higher the damage to the spinal cord, the greater the extent of the paralysis.

Before the year 2000, knife or gunshot wound was the leading cause of damage to the spinal cord. From 2001 onwards, the Centers for Disease Control and Prevention (CDC) identified vehicular accidents as its number one cause.

The National Highway Traffic Safety Administration (NHTSA) records more than two million car accidents in the U.S. every year. Causes of these accidents include drunk-driving, reckless driving, driving over the speed limit, driving too fast despite poor road condition and distracted driving, which is a very common error among all types of car drivers. All these errors are within the control of the driver and their underlying cause is identified to be recklessness or negligence which translates to bad road behavior.

The recovery process for those who have suffered a spinal cord injury due to car accidents have often taken years. This has resulted to financial strains for many families due to victims’ need for extensive medical and rehabilitative care. The bottom line is, cost of medical treatment is too much for families to bear on their own, bearing in mind that the accident and the injury were not even the victims’ fault.

Adding to cost of medical treatment any lost wages from work (if the victim is employed), the law firm Williams Kherkher, therefore, emphasizes the need for the victim and/or his/her family to take legal action against the party responsible for the car accident and the injury. Having an experienced attorney on the victim’s side may help make sure that his/her legal needs are protected.

Domestic Battery

Domestic Battery

Women, whose ages range from 16 to 34, are the most common victims in domestic battery, which number to about 10 million incidences in the U.S. every year. Acts of violence in the home include physical abuse, forced sexual acts, financial abuse, psychological abuse and emotional abuse, all for the purpose of gaining power and control over one’s partner, to whom the perpetrator may be married or living with.

While some states refer to domestic battery as a crime committed against an intimate partner, other states include any person in a domestic relationship. Thus, besides a spouse, domestic violence can, therefore, be committed against children and other relatives living with the aggressor; some states even consider former spouses, former dating or sexual partners, in-laws, step-parents, and step-children as persons protected by domestic violence laws.

Domestic battery is always a traumatic experience to the victim, besides being the source of physical injuries and cause of great fear and loss of self-confidence. Usually, victims end up being problematic and withdrawn, and often uncertain and embarrassed of his/her actions.

The effects of domestic violence, when committed against a spouse, also trickles down to the children, causing in them feelings of fear, shame, confusion, stress and, especially, guilt, due to the thought of failing to protect their abused parent. And, like their abused parent, they too will eventually end up having problems in school and in their relationships with peers and others.

Domestic battery is a crime; it will also definitely affect court decisions in the event of divorce proceedings and divorce-related issues. This criminal act can become more serious and be considered as aggravated battery if the abuser intentionally or knowingly causes great bodily harm, uses a deadly weapon, or batters a pregnant woman.

Using the palm the hand to push away, your spouse, for example, even if you do not apply much force or even if contact was made accidentally can already be considered as battery. Battery is a hate crime, which any spouse can accuse the other of even without strong basis. Thus, according to a Nashville criminal defense attorney, basing only on accusations, police officers are often forced by the law to make arrests which, otherwise, they would not make.

According to the law firm Alexander & Associates, facing an assault and battery accusation, however, can be incredibly unnerving. Besides the charge ranging anywhere from a Class C misdemeanor to a second degree felony, punishment can be up to twenty years in prison, accompanied by a $10,000 fine. Furthermore, an assault and battery conviction can also damage your professional career and drastically affect your personal life. Due to this, the Champaign criminal defense attorneys at the Bruno Law Offices explains that it may take only an experienced and capable criminal defense attorney to help a person clear his/her name of any assault and/or battery charges.

Birth Injury Resulting to Cerebral Palsy

Birth Injury Resulting to Cerebral Palsy

Birth injury, or birth trauma, refers to any type of injury or harm sustained by an infant during the birthing process. These injuries are usually sustained during a difficult delivery, which may be due to:

• The birth canal being too small;
• The fetus being in an abnormal position (like a breech position, wherein the baby would exit the pelvis with his/her buttocks or feet first instead of the head); or,
• The fetus being too large (doctors use a vacuum or forceps when delivering larger babies to make babies’ passage through the birth canal easier).

Difficult delivery or not, many legal and medical professionals will confirm that the most common cause of birth injury is medical negligence and that these acts of negligence cause thousands of infants to suffer injuries during birth and that these acts occur far more frequently than any one may realize.

The Agency for Healthcare Research and Quality (AHRQ) of the U.S. Department of Health & Human Services says that as many as 28,000 babies are born with a birth injury every year. While it may be a relief to know that most of these injuries are only minor and will easily heal without any need for treatment, it is sad to say that many are also serious and will affect the quality of lives of thousands of children.

According to the Centers for Disease Control and Prevention (CDC), one of the most severe types of birth injuries is Cerebral Palsy (CP), a neurodevelopmental motor impairment that affects a child’s posture and balance, mental capabilities and speech. CP is a chronic and incurable brain disorder which also impairs sensation, muscle coordination, muscle control, body movement, reflex, and various brain functions, such as speech, perception and cognition.

As mentioned by Toronto injury lawyers in their website, it is a very sad fact that thousands of infants and children suffer serious birth injuries and death as a result of negligence by obstetricians, hospitals and nurses. These errors can include a baby being without oxygen for a considerable period of time, delay in delivery, delay in seeing problems with the fetal heart rate, failure to properly recognize or respond to fetal distress and fetal monitoring strips, failure to properly recognize or respond to umbilical cord compression or prolapsed cord, failure to properly deal with bleeding including abruptio placenta, failure to perform a caesarean section, as well as not properly providing forceps and vacuum extractions.

The law firm Pohl & Berk, LLP, on th e other hand, emphasizes that the delivery process is an event that demands the full attention of all medical staff involved for the safe birth of an infant. Due to this, the firm believes that negligent medical practitioners should be held financially accountable for any mistakes or inattention that results in the injury of a child.

Business Hiring Practices

Business Hiring Practices

Two legal issues that many companies have been faced, and continue to face, are overtime pay and workplace injury. The first issue involves companies refusing or failing to pay their employees for overtime work rendered; the second issue usually involves lawsuits filed by employees who sustain job-related injuries.

Starting a business requires careful and extensive planning. It should include the type of ownership (such as sole proprietorship, a partnership or a limited liability company), how to efficiently address and manage the many federal and local legal concerns associated with it, being clear about the particular service or good to offer, who will directly manage or run the business, how to hire the right people and how to make the company profitable and grow.

Some of the actual specific concerns one will be faced with when he/she starts a business would be compliance with state and federal laws on workplace safety, workers’ insurance benefits, company taxes and liabilities, employment contracts, business deal contracts, company debts, company policies and employee compensation and benefits.

With regard to employee compensation and workers’ insurance benefits, in particular, two laws that businesses will need to comply with are the Fair Labor Standards Act (FLSA) of 1938, also known as the Wages and Hours Bill, and the Workers’ Compensation Insurance program. FLSA is a decree on the lawful number of hours of work in a week, the national minimum wage, the required pay for overtime and the banning of the employment of minors for oppressive child labor. Workers’ Comp, on the other hand, refers to the financial benefits that workers, who sustain job-related injuries or who develop a job-related illness, are legally entitled to claim. More than paying overtime work, however, the bigger challenge and concern of employers is how to significantly reduce cost of Workers’ Compensation claims due to job-related injuries and illnesses. It is estimated that companies suffer losses of as big as $1.2 trillion annually due to health and productivity loss which result from work-related injuries.

While many companies continue to hurdle problems involving Workers’ Comp claims, there are those that have found an effective solution in significantly reducing cases of injuries and illnesses in the workplace – a significant reduction that translates to millions of company funds saved.

This solution involves functional employment testing firms which companies hire to help them solve major issues, which include poor employee performance or unproductivity, fast employee turnover, employee absenteeism and job-related injuries. In solving these issues, functional employment testing firms conduct a pre-employment capacity testing, which will ascertain that applicants possesses the right skills, work behavior and fitness required by the job they are applying for, and help companies create a legally compliant, and safe and healthy working environment.

Hiring the right people for the right job can lessen the need to render overtime work due to increased employee productivity; it can also result to reduced workplace injuries since those who will be hired are physically, emotionally and mentally for the job.

In their website, the Austin business attorneys share about the excitement associated with starting a business and the difficulties connected to it which is due to the special demands and unique factors that need to be addressed in order to make or keep the company successful. Addressing everything with the help of skilled and competent business attorneys, however, there are no legal challenges that cannot be handled and managed.