An Overview of Workers’ Compensation

When someone is injured at the workplace, they have the right to workers’ compensation. Also known as workman’s compensation, or workers’ comp, workers’ compensation is the name given to a system of laws that are designed in order to protect injured employees at the workplace. The objective of workers’ compensation is to ensure that when an employee is injured at the workplace, he or she receives appropriate medical care. Workers’ comp will also compensate the worker for any lost wages due to the injury and will retrain and rehabilitate him if necessary. If a worker dies on the job, his family members may be eligible to get workers’ compensation benefits. Some of the possible benefits of workers’ compensation are listed below:

  • It pays a portion of the wage loss
  • It pays for medical and vocational rehabilitation costs
  • It pays benefits to the dependants in case of work-related death
  • It helps the employee get back on the job as soon as possible
  • It helps the worker return to his pre-injury income as soon as possible
  • If provides compensation to the employee if he or she is unable to return to work

What is covered under workers’ comp?

All kinds of work-related physical injuries and diseases are covered under workers’ compensation. Similarly, if an already existing condition was made worse at the job, that will also be covered under workers comp. Respiratory injuries and repetitive strain injuries as well as death are covered under workers comp.

Who pays Workers Comp?

Workers comp covers medical bills, lost wages, as well as disability and all these expenses are paid by the employer’s workers compensation provider. Fault does not have to be proven in workers’ comp cases, whether the employee or employer or a colleague was at fault. As long as there was an injury of a covered employee while on the job, it will be covered under workers’ comp.

What to do when you’re hurt?

If you’ve been injured at the job, you need to report the injury to your supervisor immediately. Failing to report the injury within the statutory deadlines may jeopardize your rights.

You should seek medical assistance as soon as possible. Depending on the rules of your employer’s policy, you may be able to visit your own doctor for treatment and inform your employer about your medical condition as well as your date of return. However, in some states, you may be required to see a doctor that is on your employer’s plan. Although you may be required to go to the company doctor for consultation or follow up visits, you always have the right to visit your own doctor.

When you inform your employer about the injury, the employer will file a First Report of Injury. You need to check with the employer and the workers’ comp provider to get a copy of the report as proof to make sure that the claim was properly filed.

Once the report has been filed, benefits typically begin within 14 days. If they are denied, you will be informed and will have an opportunity to appeal.

For more information about workers’ compensation, visit this page – www.the-injury-lawyer-directory.com/workers_compensation.html.

 

The law firm of Stephen Boutros, LTD., in Houston, Texas, submitted this article. Their workers compensation lawyers are available to help you, should you have any questions or concerns about the process.

Posted By at 7:54 pm – Comments Off on An Overview of Workers’ Compensation

When Do You Have A Medical Malpractice Case?

When someone suffers a mistake or negligence at the hands of a doctor or a healthcare provider, he or she may wonder if they have a valid medical malpractice lawsuit. The first and most important aspect of any medical malpractice case is the health and wellbeing of the person who has suffered the injury or negligence. After the individual’s health is taken care of, she can then find out whether the doctor’s mistake amounts to medical malpractice. In order to determine if you have a valid medical malpractice claim, certain factors need to be considered.

Error in diagnosing – If the doctor or health care provider failed to properly diagnose the patient’s problem, or if health care provider made an incorrect diagnosis that delayed treatment and resulted in further injury to the patient, the patient may have a viable medical malpractice claim.

Improper treatment – If the doctor chose to go ahead with an incorrect or improper treatment plan, one which is different than what would be considered standard of care under the circumstances and the treatment plan resulted in harm to the patient, the patient may have a medical malpractice claim. A similar analysis applies if the doctor chose the correct treatment plan, but administered it incorrectly or incompetently assuming that the poor administration of the treatment plan resulted in harm to the patient.

Failure to inform the patient of possible risks – When a doctor or healthcare provider treats a patient for a certain illness, they have a duty to inform the patient about any known risks associated with that treatment option. This is called “informed consent.” The patient will then have the choice to continue with the treatment knowing that it can have the possible side effects or risks. If the patient is fully informed about the possible risks and he or she proceeds with the treatment, the doctor or health care provider may be able to avoid liability. However, if the doctor failed to tell the patient about the possible harmful effects, especially if the patient would not have taken treatment had they known about those risks, the doctor may be subject to a claim of medical malpractice.

What needs to be proven for a successful medical malpractice lawsuit?

In order to bring a successful medical malpractice lawsuit, the following elements needs to be present:

  • A doctor-patient relationship existed
  • The provision of care fell below the accepted medical standard of care
  • There was a causal connection between the negligence by the medical provider and the harm suffered by the patient
  • The damages suffered by the patient as a result of the negligence are quantifiable

Whatever the case, it is important to get in touch with a personal injury lawyer who handles medical negligence cases. In such cases, the attorney does not have to be paid up front. Almost all medical malpractice lawyers work on a contingency fee basis. Once they are successful in getting a settlement or recovering an award, you pay them a percentage of the amount that you receive.

Posted By at 7:47 pm – Comments Off on When Do You Have A Medical Malpractice Case?

Long Term Effects of Traumatic Brain Injury

Traumatic brain injuries, or TBI, can have an overwhelming impact on the individual. When someone has been in an accident, he can suffer from mild or severe brain injuries. Mild traumatic brain injuries usually resolve in one to six weeks. Some common problems seen in mild TBI cases or concussion include:

  • Fatigue
  • Headaches
  • Sleep disturbances
  • Visual disturbances
  • Dizziness
  • Loss of balance
  • Feeling of depression
  • Poor attention
  • Memory loss
  • Concentration problems
  • Emotional disturbances
  • Irritability
  • Seizures

The victim may also experience other symptoms with mild TBI, such as nausea, mood swings, loss of smell, feeling of confusion, sensitivity to light and sounds, and slowness in thinking. Over time, these symptoms may improve and completely go away. However, with more severe cases, the effects of TBI can be profound and they can go on for a longer period of time.

Severe brain injuries may also result in loss of consciousness. Other effects of TBI include higher levels of cognitive dysfunction and the movement of the victim’s arms and hands may be limited for quite a while. A TBI victim’s thinking ability may be affected, and he may experience abnormal speech or language problems. The degree of injury may vary depending on the severity of the accident, and so will the recovery. People with severe TBI will require long-term rehabilitation in order to maximize their functional abilities, as well as make them independent again. These changes in brain function can have a dramatic impact on the victim’s family and employment, as well as the ongoing ability to interact socially. In severe cases, it may limit movement and communication with others.

In many TBI cases, the victim looks completely normal and may even be able to move about normally, but the victim’s thinking capacity may be affected. Such symptoms are easily missed by the victim as well as his family and doctor. The injured person may first show changes in behavior, before even realizing that it is a cause for concern. Often, the person may feel frustrated due to his inability to carry out simple tasks. He may not be able to perform as well at work, and the frustration of being unable to properly carry out household tasks may force the victim and his family to seek medical assistance.

Patients suffering from TBI may experience severe problems with attention. Their short-term memory may also be affected and they may have difficulty performing daily routine tasks. They may feel that their response time has slowed down, and their overall activity levels may also be very slow. The victim’s decision making ability may be affected and they may not be able to process a lot of information, or resolve problems easily. All these issues will have an impact on the victim’s personal and professional life. The symptoms can get better with time, but if the recovery is slow, it is advised to seek treatment from a professional health care provider who is experienced handling brain injury lawsuits.

 

This blog post was submitted by Fodera & Long. The personal injury lawyers at Fodera & Long have more than 70 years of legal trial experience.

Posted By at 7:39 pm – Comments Off on Long Term Effects of Traumatic Brain Injury

Invokana and Kidney Damage

If you have type 2 diabetes and take Invokana (canagliflozin) to help control your blood sugar, you could be at risk for kidney damage. Invokana hit the market in 2013 and in its first year the U.S. Food and Drug Administration (FDA) received at least 457 reports of serious adverse events including 54 reports of renal impairment or kidney failure. There is no way to know how many more cases of serious or life-threatening kidney problems were caused by Invokana use because so many adverse drug reactions are never reported to the FDA.

Side Effects Related to Renal Toxicity

According to the Institute for Safe Medication Practices (ISMP) report QuarterWatch, during the first year that Invokana was sold there were reports of five types of adverse events related to renal toxicity:

  • Kidney stones
  • Dehydration and fluid imbalances
  • Abnormal or other weight loss
  • Urinary tract infections
  • Renal impairment or kidney failure

Treating Kidney Failure

Kidney failure is a medical emergency and can be fatal if left untreated. Treatments for kidney failure include:

  • Temporary hemodialysis to remove toxins from your blood
  • IV fluids or diuretics to restore fluid balance
  • Medications to control blood potassium
  • Medications to restore blood calcium

If kidney function cannot be restored treatments include:

  • Frequent dialysis treatment for life
  • Kidney transplant

If you have suffered kidney failure as a result of taking Invokana you face significant financial and personal hardships and may be affected for the rest of your life. You may be able to recover substantial compensation for your injuries. Please, do not wait until it is too late to contact an experienced defective drug attorney.

Invokana Side Effects Resources:

Posted By at 4:14 pm – Comments Off on Invokana and Kidney Damage

Zofran Birth Defect Claims

About 80% of pregnant women suffer from morning sickness, referred to as “nausea and vomiting of pregnancy” (NVP) by the medical community. Until April, 2013, there had not been an FDA approved NVP drug for 30 years. To fill the gap doctors prescribed drugs off-label to relieve morning sickness. One was Zofran (ondansetron), which has been associated with serious birth defects including congenital heart defects, cleft lip and cleft palate.

The First Trimester

For most women, morning sickness subsides after the first trimester. But those first three months of pregnancy are a critical time of development when the fetus is most susceptible to harm from medications that the mother takes, resulting in birth defects. So, it’s a catch-22. The time that mothers are most likely to need a medication, like Zofran, is also the time when the drug is most dangerous for their babies.

Zofran Birth Defects

Studies have found that the use of Zofran during the first trimester of pregnancy increases the risk of birth defects including:

  • Cleft lip
  • Cleft palate
  • Septal heart defects, also known as “hole in the heart”

Babies born with these defects may require surgery and special care to survive and thrive. An experienced drug injury attorney can help you recover the compensation that you need to pay for your child’s medical bills and other needs.

If you took Zofran while you were pregnant and your child suffered birth defects, please contact an experienced drug injury attorney today and schedule your free consultation.

Posted By at 3:27 pm – Comments Off on Zofran Birth Defect Claims

Recalled Children’s Products

Britax Child Safety Inc. has issued a recall for over 215,000 strollers sold between May 2011 and June 2013. Issues with these strollers involve the release strap which can cause amputation and other serious injury to children. Strollers involved in this recall include:

  • The B-Agile
  • The B-Agile Double
  • BOB Motion single and double strollers

Parents with these strollers are encouraged to discontinue use and call Britax at 866-204-1665 for a repair kit.

Graco has issued a recall for over three million car seats. These seats have buckle defects which can exacerbate injury following a car accident. Car seats impacted by this recall include:

  • Argos 70
  • Classic Ride 50
  • Comfort Sport
  • Cozy Cline
  • My Ride 65, 70, and with safety surround
  • Nautilus and Nautilus Elite
  • Smartseat
  • Size 4 Me 70

Parents with these models are encouraged to call Graco at 800-345-4109 for a replacement or a refund.

Defective Products

Defective products injure and kill thousands of people every year. Children are often most vulnerable due to their smaller size and less developed bodies. When you or your child are the victim of a defective product, you need an experienced personal injury attorney on your side to help ensure you are treated fairly and provided the justice you deserve.

To schedule a free consultation in your area, please contact an experienced product liability attorney today.

Posted By at 7:41 pm – Comments Off on Recalled Children’s Products

Fatigue a Factor in as Many as 40 Percent of Truck Accidents

A new report released by the National Highway Traffic Safety Administration suggests that truck driver fatigue may play a role in up to 40 percent of trucking accidents. Fatigue in general is dangerous. It increases response time, decreases alertness, reduces critical thinking, and may even result in temporary losses of consciousness. When these things happen to a trucker, everyone on the road is at risk.

Truck driver fatigue is most often a result of unrealistic schedules being forced on a trucker. This means that the company the trucker drives for or the company being delivered to may also be liable for any injuries that occur in these accidents. The best way to determine who is liable and seek maximum compensation is with an experienced truck accident lawyer on your side.

Fighting for You

Following a truck accident, the trucker, his employer, and other potentially liable parties will have insurance companies and lawyers fighting to minimize your settlement. You need an attorney who will fight twice as hard for you, helping secure the full compensation you are due. Your attorney will conduct an investigation to identify all liable parties and take your case as far as necessary to get you every penny you deserve.

If you have been injured or a loved one has been killed in a truck accident, please contact an experienced lawyer in your area today.

Posted By at 7:39 pm – Comments Off on Fatigue a Factor in as Many as 40 Percent of Truck Accidents

Can a New Test Detect Asbestos-Related Lung Cancer Earlier?

A new test developed by scientists at the University of Louisville may offer great hope to people who have been exposed to asbestos. The test measures specific compounds in exhaled breath and has proven 95 percent effective at detecting lung cancer, a common consequence of asbestos exposure. This quick, noninvasive, and entirely painless test can help determine if a patient needs to undergo a biopsy – potentially years before symptoms would indicate the same thing.

Asbestos can remain in the body for decades, slowly causing a host of problems including mesothelioma and lung cancer. In the past, extensive and often painful testing was required to determine if asbestos exposure had caused cancer. Researchers at the University of Louisville hope to have this new test available for general use within the next five years. This could potentially save thousands of lives and increase the general comfort of people who have been exposed to asbestos.

Asbestos Exposure Attorney

If you have been diagnosed with an asbestos-related illness, you need an aggressive attorney on your side. Victims of asbestos exposure may be entitled to significant compensation, but this is nearly impossible to get without a skilled attorney.

Companies responsible for endangering workers are liable for the damages they have caused. Your asbestos exposure attorney will hold these companies accountable and fight for every penny you are due.

Please contact an experienced asbestos attorney in your area today to find out more.

Posted By at 7:39 pm – Comments Off on Can a New Test Detect Asbestos-Related Lung Cancer Earlier?

Medical Negligence Third Leading Cause of Death in U.S.

A recent report published in the Journal of Patient Safety suggests that medical malpractice is the third leading cause of death in the United States. While unrelated, this report follows an exhaustive study conducted by ProPublica in which it was found that securing expert testimony in medical malpractice cases is becoming increasingly difficult. Many doctors interviewed for the ProPublica report cited fear of losing referrals if they spoke out against colleagues. This does not bode well for victims of medical negligence nor for the surviving family members of those killed through medical error.

There is Hope

Some doctors may fear financial repercussions for speaking out against colleagues that cause harm, but many still exist that will stand up for victims. The trick is finding a medical malpractice attorney who works with reputable medical professionals to prove negligence and secure compensation for victims.

Taking time to select the best medical malpractice attorney for your case is essential for getting the justice you are due. Make sure you choose a medical malpractice attorney who not only has experience, but a proven track record of getting victims of medical negligence every penny they are due.

If you have been injured or a loved one has been killed through medical negligence, please contact an experienced injury lawyer in your area today.

Posted By at 7:21 pm – Comments Off on Medical Negligence Third Leading Cause of Death in U.S.

Intoxicated Driver Fails to see Cyclist Stuck in Windshield

A 20-year-old man in Manitowoc, Wisconsin struck a cyclist who was delivering papers on January 24. The driver did not stop his vehicle and proceeded to run a stop sign, striking another vehicle before arriving at his residence.

At first, this pedestrian accident doesn’t sound entirely unusual. After all, bicyclists are hit by vehicles daily in the United States. This story, however, takes a turn for the bizarre.

The cyclist in this case went through the windshield on the passenger side of the car. It wasn’t until the vehicle was stopped at the driver’s house that the cyclist turned to say, “Hello, I’m the guy you hit on the bicycle.” The driver, so intoxicated as to not have noticed a man lodged in his window, locked the doors to his car and went into his home without attempting to help the victim.

The driver was arrested for hit and run, intoxicated driving, and failure to render aid. No formal charges have been filed.

The cyclist in this accident sustained injury from glass cuts to his eyes and body. He is planning on filing a personal injury lawsuit against the driver for medical expenses and related damages.

If you have been injured or a loved one has been killed in a pedestrian accident, please contact an experienced injury lawyer in your area today.

Posted By at 2:42 pm – Comments Off on Intoxicated Driver Fails to see Cyclist Stuck in Windshield

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Disclaimer: The information throughout The Personal Injury Directory is not intended to be or to replace legal advice. The information throughout The Personal Injury Directory is intended to provide general information regarding personal injury law. If you are interested in bringing a personal injury lawsuit, contact a personal injury attorney in your area.