Caution: Wet Floor

Posted by on Feb 4, 2017 in Slip and Fall | 0 comments

Slip and trip accidents account for most of the accidents that happen in the workplace. This is why it is important to make sure your area is safe for workers and clients. Slip and trip accidents commonly occur in places with wet and slippery surfaces, or in places with obstacles in walkways that could go unseen.
More specifically, slip accidents occur when there is too little friction between your feet and the walking surface beneath them. Wet surfaces, weather hazards, spills or poor footwear are common causes of slip accidents. The website for Carnegie Mellon University states that trip accidents commonly occur when your foot strikes an object and your momentum throws you off balance. This could be caused by obstructions in walkways or uneven surfaces.
A common setting for slip and trip accidents is construction sites, where there are many possibilities for uneven and slippery surfaces, as well as walking obstructions. When walking in a construction zone, be wary of your surroundings and watch where you walk. If an accident does occur, it could result in serious bodily injury, which can lead to a variety of problems.
Possible injuries include broken bones, cuts and lacerations, sprained joints or muscles, and injuries to the head and the back. As stated by Clawson & Staubes, LLC: Injury Group, bodily injury can result in significant limitation and permanent disability where a worker is no longer able to do jobs they were able to do before. If you are injured in a slip and trip accident, seek medical attention for a quick recovery, and report the accident, so that no one else will get injured in the same way.

Read More

A Very Disturbing Crime Directed against Defenseless People

Posted by on Dec 29, 2016 in Nursing Homes | 0 comments

There are more than 15,000 nursing home facilities in the U.S. that shelter more than 1.5 million resident elders, the physically or mentally incapacitated, and those in need of rehabilitative therapy due to illness or accident. These facilities are expected to provide residents the quality care and attention expected and required by the law, and assistance in daily activities, which include bathing, toileting, dressing and eating.

To ensure protection for all 1.5 million nursing home residents, the U.S. Congress passed the Nursing Home Reform Act into law in 1987. This Act orders nursing homes that participate in Medicare and Medicaid or those that receive Medicare and Medicaid funds to provide services and activities that will help attain or maintain the highest possible physical, mental, and psychosocial well-being of every resident in accordance with a written plan of care. The Act also mandates that residents should be free from corporal punishment, involuntary seclusion and all forms of abuses, including, but not limited to, verbal, physical, mental abuse, and sexual abuse.

Despite this law, however, nursing home abuse continue to be committed against residents. In fact a study conducted by the House Government Reform Committee’s Special Investigations Division revealed about 9,000 instances of abuse in more than 5,200 nursing homes just within a span of two years (from January 1999 to January 2001).

The most common reasons why these abuses are committed include lack or qualified and/or properly trained staff, very demanding needs of the residents, overworked personnel, the defenselessness of the victims and, the major intent of many staff members to simply earn and not take care of their helpless and/or aging residents.

Elder sexual abuse, specifically, is the non-consensual or unwanted physical or sexual contact with an elderly person. The ways this abuse can be committed may be through unwanted touching, rape, sexual photography, forced nudity, and sexual assault and battery. It can be committed by staff workers or by a victim’s co-resident, who may be acting on his/her own volition or who may be forced by staff workers to commit the act of abuse; in rare cases, however, abuses may also be committed by visiting relatives.

Nursing home sexual abuse is a very disturbing crime since this is directed against defenseless people whose care has been entrusted to those who promised to provide quality care and service, but who, instead have become perpetrators of the worst kind of abuse. For the sake, safety and dignity of nursing home residents, it will be necessary to bring to justice and hold accountable these abusers; a highly-competent nursing home abuse lawyer may be able to help in this legal pursuit.

Read More

Reasons Your Workers Compensation Claim May Be Denied

Posted by on Nov 18, 2016 in Workers Compensation | 0 comments

Employers have the responsibility to ensure the safety and conduciveness of the workplace of their employees. When injuries arise in the workplace, workers have the right to demand compensation for the injuries they incur. According to the website of Williams Kherkher, there are different kinds of accidents that an employee may get involved in. For job-related injuries, an employee is entitled to receive workers compensation from their employer.

Just because you have already filed a workers’ compensation claim does not mean that it would automatically be approved. There are certain factors that your claim for compensation can be denied. Here are some of the reasons your workers compensation claim will be rejected by the board:

Unwitnessed Injury

An unwitnessed injury is likely to be denied by workers’ compensation insurers. As such, you need to make sure that you report any injuries to your co-workers or supervisor in the soonest possible time.

You did not report your injury right away

When you do not report your injury, insurers would have the assumption that you were not really hurt. State laws require that you should report workplace injuries in as little as seven days.

There is a discrepancy between your accident report and medical records

Another reason workers compensation claims are denied is because of inconsistent information. You tell your supervisor one thing and tell your doctor another. Such inconsistencies will hurt your chances of having your claim approved.

Illegal drugs were detected in your system

The presence of illegal drugs in your system after treatment from a work-related accident could also hurt your chances of recovering workers’ compensation.

You filed the claim after you were fired or laid off

When you file the claim when you have been fired or laid off, the insurer will think that you are just getting even with your employer. Again, it is important that you file the claim immediately after getting injured.

Read More

The Various Legal Actions Filed against Sanofi-Aventis

Posted by on Sep 16, 2016 in Taxotere Lawsuit | 0 comments

In various studies revolving around the different circumstances affecting women with breast cancer, hair loss consistently appeared as one of the most stressful side effects of cancer treatment, profoundly impacting affected patients’ well-being and quality of life.

It’s a relief that, in the case many women who have, or formerly had, breast cancer and had chemotherapy treatments, hair loss is only temporary as they can expect hair growth again up to six months after chemotherapy treatment. In the case of many women who were treated with Taxotere, however, it is not just a case of permanent baldness (a condition called alopecia or permanent hair loss), worse than this, it is rather a case of “alopecia universalis” or total hair loss on the scalp and body; this means that, aside from baldness, they have also lost their eyebrows and eyelashes, and hair growth under arms and around the genital area.

The law firm Williams Kherkher explains that, as early as 2005, patients outside of the U.S. were warned about permanent hair loss due to Taxotere use. Sanofi-Aventis, the said drug’s manufacturers, however, only began warning patients in the U.S. of this risk in December of 2015, after the U.S. food and Drug Administration (FDA) mandated them to do so.

Due to this, women who had been affected or alopecia or permanent hair loss have filed lawsuits against Sanofi-Aventis, claiming that the drug manufacturers:

  • Manufactured a dangerous drug;
  • Sold the drug without exhaustively testing it;
  • Sold the drug without disclosing the dangers or risks;
  • Failed to determine whether the drug was safe;
  • Failed to properly warn patients and health care providers;
  • Misled the public in advertising and marketing;
  • Concealed information from the public; and,
  • Downplayed the dangers associated with the drug.

Taxotere (Generic name: Docetaxel) is an intravenous chemotherapy drug manufactured by Sanofi-Aventis. It was approved by the U.S. Food and Drug Administration for the treatment of a variety of cancers including non-small cell lung cancer, prostate cancer, breast cancer, gastric cancer, and head and neck cancer. It was first approved for breast cancer treatment in 1996 then, in August 2004 the (FDA) approved it in combination with doxorubicin and cyclophosphamide for treatment of operable node-positive breast cancer in women.

Read More

Death on Two Wheels: Information About Bicycle Accidents

Posted by on Apr 14, 2016 in Bicycle Accidents | 0 comments

When it comes to being accident risk, bicyclists have the highest potential of getting killed or injured due to bike accidents. Figures released by the Centers for Disease Control revealed that there were more than 900 bicyclists that werer killed and an estimated 494,000 emergency department visits due to bicycle-related injuires in 2013. According to the website of The Benton Law Firm, the National Highway Traffic Administration (NHTA) reported that the percentage of deaths related to biking have shot up by 0.7 percent in the last ten years.

The sad part is that bike injury stats are under-reported because law enforcers do not even bother to write a report if the biker is not seriously injured. The 2001 study of the San Francisco Bicycle Coalition revealed that police neglect reporting bicycle incidents. From about 40 injury cases called into the coalition’s hotline, police did not report about 1/3 of the time. According to the CDC, most bicycle deaths happen in urban areas as well as at non-intersection locations.

Bike accidents can be one of the most fatal accidents. It can have a huge impact on an individual as it can lead to injury or death. If you are a survivor of a bike accident and manage to get injuries only, you can do something to make the person responsible for your injury liable for damages. Here are some of the steps you can do after a bike accident:

Wait for the Police to Arrive

After a bike accident happens, it is important for you to stand by and wait until ther police arrives at the scene of the crime. This is so that they can be able to make a police report. By leaving the scene of the accident, you may never be able to determine the at-fault driver. This way, the police can note down everything in the police report. Likewise, you can use the police report for settlement.

Add Your Side of the Story

Some policemen will only get a statement from the motorist and not the driver. Do not let this happen. Make sure that you add your side of the story on the police report. Don’t forget to tell them about any injury you may have incurred during the accident. This is important if you really want to be compensated according to your due as a driver.

Take down what happened

Jot down all that transpired during the accident. Don’t forget the who, why, and how when reporting to the police. Ensure that all the details of the accident is indicated on the report.

Get the contact information of the witness and driver

It would be to your advantage if you will be able to get hold of the driver’s name, address, or mobile phone. Likewise, get some of the names of the witnesses who saw the accident. Not doing so could have a huge impact on your desire to make the driver liable for damages.

After a bike accident, the best thing for you to do is relax, calm yourself, and then ponder the things that you need to do. Make sure that you are alright by having yourself checked by a doctor. Otherwise, you would not be able to claim damages

Read More

How Safe Really are Nursing Homes?

Posted by on Nov 12, 2015 in Personal Injury | 0 comments

A study that was organized by the minority staff of the Special Investigations Division of the House Government Reform Committee revealed that, from January 1999 to January 2001, about 5,283 nursing homes in the US were guilty of as many as 9,000 acts of abuse against residents who basically depended on them even in the most basic of tasks.

Taking care of nursing home residents can be a very demanding task, especially in facilities where the number of residents is too many for the staff to handle. For American families, however, turning to a nursing home that will be able to ensure provision of the amount and quality of care and attention that their elderly loved ones need is very important.

The undue abuses suffered by elders in nursing homes, though, seem to be far from over. In 2005, workers from the Georgia-based Adult Protective Services of the National Center on Elder Abuse (NCEA) said that the calls they received regarding vulnerable adult abuse numbered to 500 every month. In 2013, also in Georgia, 21 former and present employees, as well as the owner, of a nursing home for Alzheimer’s patients were charged with no less than 70 criminal offenses due to abuse of elderly patients.

Adult Protective Services workers are usually the first to respond to reports of neglect, abuse and exploitation of vulnerable adults. By elder abuse, NCEA’s Department of Health and Human Services means “any behavior or action within a relationship of trust that harms an older person.” A personal injury lawyer would point out that abuse can take many different forms: it can be physical, psychological, social, financial and, the worst and most humiliating of all, sexual.

Some of the specific acts of abuses that have been committed by staff members or nurses include: throwing water on patients or striking them; restraining patients using bed sheets; putting two diapers on patients so they don’t have to be changed often; repeatedly disregarding, yelling and/or habitual blaming, scaring or threatening, and humiliating elders; refusing patients food and/or water; not changing patients’ bed sheet; making elders fight against each other; refusing to treat bed sores; taking money from patients; and, molesting patients. All these and so many more, besides failing to keep some private and public rooms sanitize.

While many abuses have resulted to bodily injuries and mental or emotional anguish, some cases were serious enough to cause death. Many residents, it may be true, sustain injuries through their own fault; however, so many more get injured due to the reckless, negligent and abusive behavior of people hired and paid to care for them. Injuries caused by these types of behavior are called personal injuries and, under the law, people who suffer these have all the right to pursue legal action against the party guilty of the act and its injurious results.

Nursing home residents, however, seldom talk about the pains and injuries inflicted on them. This may be due to fear or embarrassment. Thus, the greater responsibility lies on the kin of elders, who should be totally observant on any signs of abuse. A sudden change in an elder’s behavior, like sudden display of low self-esteem, avoidance of eye contact, feeling of fear or disturbance, silence, or becoming withdrawn and depressed, can be hints that something is not right.

Read More

How Can Car Insurance Benefit Me?

Posted by on Jul 29, 2015 in Car Accidents | 0 comments

It can be easy to think about car insurance as something that doesn’t benefit you. After all, this is a day and age that practically glorifies instant gratification in all its various forms and car insurance doesn’t show you immediate results with your money’s worth. Well, your money’s beneficiary is always going to be you in the long run and how car insurance can benefit you is all about which perspective you adopt.

For example, say that you got into a pretty bad car accident. There can be a lot of consequences that you were not prepared to handle since, after all, nobody really plans to be in a car accident – otherwise, it wouldn’t even be called a car accident! But there are many costs to that particular kind of accident and possibly not just the ones you might expect.

There is the immediate cost for the repair of your car, for example. If you were seriously injured due to the accident, that’s medical expenses as well as lawyer’s fees to handle – and your typical insurance might not cover all the grounds here. According to the website of the people with Habush Habush & Rottier S.C. ®, it need not even matter who it was who caused the accident – there will be stress on either side and more of it will fall onto the shoulders of the one who doesn’t have car insurance.

See, nobody really sees these things coming but when you’re prepared for them to happen then everything can go back to normal much faster than you may have thought. The benefit of car insurance may not be immediate but your future self will only thank you for the preventative measures that you’d taken in order to make sure that your issues were in place.

Acquiring your own policy may not even be as inconvenient or as difficult as you imagine! With the right kind of help, you may even get a personalized insurance policy on the spot.

Read More

Blue Bell Recall now Includes Louisiana

Posted by on Apr 13, 2015 in Product Liability | 0 comments

Tainted ice cream products in Louisiana are being recalled from retail establishments beginning April 9, 2015. It is the latest in the effort to remove dangerous products from circulation. The ice cream company has already issued recalls in 21 other states.

Certain product lines produced by the Blue Bell Creameries plant in Broken Arrow, Oklahoma was found to be contaminated by one of four strains of Listeria monocytogenes. The bacteria can cause a rare but serious food borne infection called listeriosis which is particularly deadly for young children, the elderly, and those with a compromised immune system. Listeriosis does not always have fatal consequences for healthy individuals, but it can cause pregnant women to miscarry. The symptoms include fever, chills, muscle pain, nausea and diarrhea.

The alarm bells went off when five people confined at a Kansas hospital for unrelated reasons began to manifest symptoms of listeriosis. This prompted an investigation that eventually led to the discovery of contaminated products in the Broken Arrow plant. The Centers for Disease Control and Prevention suspect that the patients contracted the infection while in the hospital. Three of the five infected patients have since died.

Blue Bell Creamery has also issued a recall of products originating from their Brenham, Texas plant when testing showed batches of banana pudding ice cream was also tainted. An official statement from the company claim that no incidents of infection have been associated with the Brenham products.
Nevertheless, Blue Bell is liable for any cases that may crop up. It is still too early to say that no cases will develop. The manifestations of listeriosis are non-specific, which can make diagnosis difficult. Unless the patient suspects an infection, it may not even be reported. Consumers in Louisiana who have recently purchased Blue Bell products should check if the package has a code date at the bottom that ends in O, P, Q, R, S or T. If it has, it can be refunded in full.

As pointed out on the Facebook page of The Mokaram Law Firm, consumers have a right to expect that the food and other products they buy are safe. If the manufacturer fails to take proper steps to ensure this, they can be held liable for any injuries or damage that results. If you have been a victim of a dangerous product, consult with a personal injury lawyer in your state to find out your rights.

Read More

What Does a Self Storage Facility Do?

Posted by on Mar 6, 2015 in Technology | 0 comments

The business for self-storage facilities has been booming in urban populaces due to the fact that more and more people are finding themselves cramped and near suffocating in homes that are filled with too much stuff. Some of these things are valuable items that they simply cannot give away. Some items, such as vehicles along the likes of boats or RVs, just do not fit in the driveway or the garage. That is what self-storage facilities are for.

These facilities have units that are specially designed to hold a finite amount of goods for a certain period of time. Think of them as like mini warehouses for individuals. Say that you used to live in a big house somewhere in Missouri and are moving to a smaller apartment in New York but don’t want to give everything away. Units like this then come in handy in times like this and in places like this. Small businesses can also benefit from the use of self-storage facilities in order to not lose valuable items such as decorations or promotional knick knacks. The possibilities are endless.

There are quite a few benefits with putting some of your valuables into a self-storage facility too. Most of these places are manned by state of the art CCTV cameras as well as 24/7 security personnel that make sure that your worldly possessions are kept safe. Units with climate controlled self storage 78727 even allow for your items to not be susceptible to the elements such as natural calamities or even fluctuating weather conditions. Whether the area is over a hundred degrees or cooler than the ninth circle, you can be assured that your items are stocked in an area where they will not be damaged by uncontrollable circumstances.

It is an investment that allows for you to care for and protect your investments, making it quite a wise decision for the future.

Read More

The Perils of Truck Accidents

Posted by on Jan 16, 2015 in Car Accidents | 0 comments

Accidents on the road can affect a lot of people – sometimes entire cities at a time. An accident can cause hours and hours of unanticipated traffic to those who are otherwise not affected. It is infinitely more damaging for those who were actually involved in the accident.

Car accidents can be difficult to deal with enough as it is – but truck accidents are a different ball game entirely. They are similar in many ways but the consequences of one are far, far more catastrophic than the other. A regular vehicle can weigh around 4,000 pounds whereas an eighteen wheeler truck can weigh up to 80,000 pounds. Comparing the havoc they can wreak is like trying to decide who could make more of a mess: Howard the Duck or The Hulk. There is so much more risk involved in a truck accident – making negligence on the guilty party just that much more appalling.

Though, again, these two types of accidents are quite similar and their causes are usually pretty similar. It is just their effects that are markedly different from each other. Drunk driving is a reckless, irresponsible, and criminal act – regardless of whatever it is being driven. According to the website of Williams Kherkher’s 18-wheeler accident lawyers, if a truck driver were to be found under the influence of alcohol that is above the allowable percentage, they can be held liable in not only criminal law but also civil law. There are several federal laws that cater specifically to truck accidents due to the severity of damage that such a large vehicle can cause.

A truck driver is held under enormous pressure – quite literally – for his or her load usually carries important, irreplaceable cargo. Sometimes, the truck carries highly flammable material and could cause further injury should an accident occurs. If a driver is proven to have been under the influence of alcohol or under sleep-suppressants such as methamphetamine, ergo causing an accident to occur on the road, there are some serious consequences on everyone involved.

If a drunk driver has caused a truck accident that has greatly and directly affected you, legal action is advised.

Read More