For all those whose work is their main source of livelihood, any type of work-related injury or occupational disease that will incapacitate them will definitely result to crippling financial consequences that can only worsen the life situation of an injured and his/her family. The problem with injury is, just when wages have been cut due to inability to report to work, the staggering medical bills come in. This is what makes many injured workers forgo medical care; however, forgoing medical treatment can result to longer recovery period, extending, likewise, the days of inability to return to work.
The passing into law of the Workers’ Compensation Benefit in 1908 proved to be a major help for workers who figured in accidents while performing their job or who developed any disease due to daily exposure to, or contact with, hazardous substances. This state-mandated benefit, which is in the form of an insurance program, was established to provide sure and immediate wage replacement and medical benefits; it was also designed to cover disability, vocational rehabilitation and death.
The many fraudulent claims in the past, however, have led to strict evaluation of claims applications, resulting to denied claims even if the mistakes were simply technical in nature, such as a missing signature or a missed box.
By availing of Workers’ Compensation benefits, though, an injured worker would be relinquishing his/her right to file a tort suit against his/her employer to further seek compensation. This is because Workers’ Comp was established as a trade-off: receive the benefits, but give up your right to sue your employer. However, a injured worker may rather decide not to avail of the benefits for the right to pursue legal action against his/her employer. This is the path taken by those who are confident that they can prove that the accident was intended by their employer, that the employer does not carry Workers’ Comp or, that the injury is too severe or leads to death, so that the amount of benefits offered does not fully cover the damages suffered.
According to the Scudder & Hedrick, PLLC, law firm, while allowing workers to receive compensation for any accidental injury is truly a huge benefit, making sure that accepting this benefit is equally important. Seeking legal advice which will help clarify a victim’s rights and legal options may be a necessary move.
The manufacturing sector plays a crucial role in the economic growth of a country. The sector is designed to produce a wide variety of goods in the food and beverages, chemicals, machineries, and others. While there may be safety measures already in place, accidents still happen from time to time. Manufacturing plants are filled with risks that can cause injury or death to a worker. According to the website of N. Craig Richardson, industrial accidents can often be devastating.
There are several causes of manufacturing plant accidents. It is important for employers to understand them so they can take the necessary steps in preventing or reducing the likelihood of these accidents happening in the future. Here is a look at some safety concerns in a manufacturing setting.
Most manufacturing plant accidents were caused by human error. Many of the accidents were the result of the worker not following safety procedures that are already in place in their company.
When personnel who do not have the proper training are tasked to handle machines and equipment, accidents are bound to happen. Thus, workers should be trained on the proper handling of the equipment according to the way it was designed to be used.
Accidents that happen in a manufacturing plant may also be the result of equipment malfunction. Although these machines are tested and undergo quality control, they can still fail. This is especially true if the quality control is handled by one of the workers.
Not properly maintaining machinery and equipment is a recipe for disaster. Machines can be subjected to wear and tear hence should be regularly maintained. They should be properly inspected to ensure that they are running smoothly and safely.
Bearing in mind these causes can help in reducing injuries and accidents in the manufacturing plant. This way, you can free yourself from having to pay workers compensation and damages should an injured worker file a lawsuit.
During car accidents, drivers and other car occupants become vulnerable to many kinds of injuries, from minor bruises to severe harm, which can include broken bones, internal injuries, traumatic head injury, or injury to the spinal cord, face, or neck. The type of injury to the neck that car occupants most commonly sustain, according to the American Chiropractic Association (ACA), is whiplash, which can refer to damaged ligaments, tendons, muscles and other soft tissues in the neck area.
Whiplash is caused by a sudden, forceful blow which causes the head to jolt back and forth or sideways. The movement of the neck that is caused by this force makes goes beyond the neck’s normal range of movement. As a result, the ligaments, tendons and muscles are overstretched. Being rear-ended by a speeding vehicle can definitely result to a serious whiplash injury; however, even vehicles running only between five and 10 miles per hour can already cause whiplash . In fact, most whiplash injuries are caused by vehicles running at said speeds.
About 120,000 individuals in the US sustain whiplash injuries each year. Generally, the symptoms of whiplash become manifest within hours of the accident; however, there are cases when symptoms are delayed for several days. Symptoms of whiplash include: headache at the base of the skull that radiates towards the forehead; nausea, dizziness, lack of energy, blurred vision, difficulty swallowing, pain on the shoulder and arms, swelling at the neck area, and back pain.
While X-rays of the neck after an accident may be recommended, there is no assurance that this will show possible sustained injuries, especially a torn ligament. It is, therefore, very important that the injured be observant of the symptoms associated with whiplash.
The majority of rear-end crashes are due to tailgating, or inattentive or distracted driving. As made clear on the website of the Sampson Law Firm, tailgating another vehicle and allowing oneself to be distracted while behind the wheel are examples of reckless road behavior.
Traumatic brain injuries, called TBI, are caused by strong impact to the top, crown of cranium with such power that it rattles the conventional purpose of the mind. The website of Milwaukee injury attorneys discusses the serious cognitive impairments, including learning skills and thinking skills, despite the patient’s age if experiencing a brain injury.
There are amounts of seriousness when it comes to TBI: a light traumatic brain injury which does not need quick and further remedy will not require a suit to be submitted from the one who triggered the harm, while moderate and serious cases of traumatic brain injuries (where patients suffer major harms and/or deficits that might affect their quality of life) can be grounds to get a brain injury lawsuit.
For all runs of age, the leading reason for traumatic brain injury is slip and fall incidents, although they might be due to numerous points from sports injuries to products that are defective to automobile accidents. Depending on what brought concerning the trauma, an individual (or parent/guardian of the patient) can produce quite a few lawsuits for compensation – accidental injury litigation to products that are defective. The key component in a traumatic brain damage lawsuit will be to demonstrate that carelessness (both the action or inaction) on the part of the offender (or “the one at fault”) is the origin of the harm.
The effects of a traumatic brain injury do not immediately demonstrate upon first check-up, in order that it ought to be noted that “delayed-onset symptoms” must be tracked in a patient who has endured traumatic brain injuries. Signs might demonstrate after a couple of hours as well as a few days following the injury was sustained.
To be able to acquire a mind injury lawsuit, an individual must always be certain you gather evidence – establishing the negligent actions of the man at the problem of the injury, testimonies from witnesses and news reports, health records, and police records, together with other important signs ought to be introduced and stored. Such complete evidence can be adequate proof to establish the situation.
Blood clots play a crucial role in the regulation of our body’s cardiovascular system. Without the body’s ability to form blood clots, we might suffer excessive blood loss anytime we get a wound or a cut. The body’s ability to solidify or coagulate the blood in the area where our vessels have been damaged is a life-saving component. Unfortunately, certain medical conditions can complicate this ability and cause blood clots to abnormal form and occur. In such cases, the blood clot ends up blocking the regular flow of blood in the body. This leads to life-threatening conditions such as heart attacks, strokes, and organ failure.
Patients with conditions that affect their body ability to normally form blood clots can mitigate these dangers by taking anticoagulant drugs. More commonly known as blood thinners, these drugs prevent blood clots from forming in various ways. The new generation of anticoagulant drugs works by slowing down the production of certain proteins and enzymes that trigger blood clot formation. The leading brand for such a treatment is called Xarelto, introduced by the Johnson & Johnson subsidiary, Janssen Pharmaceuticals several years back. While the drug was initially approved by the Food and Drug Administration to prevent deep vein thrombosis in patients that have undergone orthopedic surgery, Xarelto has since been widely used as a prevention method for pulmonary embolism, atrial fibrillation, and patients that have undergone artificial heart valve surgery.
While Xarelto and other similar drugs have proven to be effective for a significant number of patients, there are some that have reported experiencing adverse side effects. While excessive bleeding is a common concern for any anticoagulant medication, such concerns with older drugs can be easily addressed with antidotes. Unfortunately, the same solution is not available for Xarelto and other new generation drugs.
According to the website of Williams and Kherkher, there have been plenty of cases where patients suffered from gastrointestinal bleeding and brain hemorrhaging due to Xarelto side effects. As a result, the defective pharmaceutical lawyers emphasize the need for manufacturers to be upfront about the effects of their products. Full disclosure is necessary to ensure that patients are able to make a safe and informed choice with their physicians.
The moment it is detected, everything changes. That is the way of cancer. It does not just take hold of your insides – it soon then dictates every move you make from then on until it’s gone. It does not even just affect you but it also affects your entire family as well. Cancer means treatments upon treatments, days that can feel like forever, and expenses that can generate a lot of stress –especially if you are not in the most stable financial state, as is the case of a lot of families in the United States.
Early detection of cancer can do wondrous things for the victim, such as slowing its progression or even getting rid of it completely. This is possible for some cancers such as breast cancer, testicular cancer, or even osteosarcoma. However, there are some cancers that are simply incurable and the only thing that can be done is extend the life expectancy of the patient. This is how nobody wants to live and leave this world – that is why it is the most unfair thing in the world if this cancer has been caused due to something that could have been avoided.
This is the case of people who suffer from mesothelioma, one of the rarest cancers and it is caused by asbestos exposure. Asbestos has already been credited as a hazardous substance and so exposure to it can lead to many health issues that could prove extremely detrimental. If you know that you have been exposed to asbestos, it is best to get checked immediately for any possible consequences. The thing about mesothelioma, however, is that it can take years and years before it actually can be detectable – and by then, it will have been too late. This cancer can come from even the littlest bit of exposure to the substance and it can mean devastating consequences.
If you or someone you know has been diagnosed with this cancer and was exposed to asbestos, it is recommended that reputable mesothelioma lawyers are brought into the case in order to know the best possible path to take next.
Thousands of tort lawsuits or product liability claims against manufacturers of harmful products are filed in courts all across the US every year. Obviously, despite quality standards, so many products, which are defective or poorly made, still get displayed in stores and sold to millions of American consumers who completely believe that everything they purchase are safe and without defects.
Some of the injuries and deaths, and defective products which have been traced and documented by the United States Consumer Products Safety Commission (CPSC) include the following:
- 220,500 toy-related injuries in 2006
- Development of blood clots which, eventually, led to the death of a number of young women who used the Ortho Evra® birth control patch
- The 2003 recall of nearly 30,000 electric blankets which, when folded or bunched, had a tendency to overheat and burn the user
- Dell’s 2005 recall of about 200,000 laptop batteries, which showed risks of overheating and causing fire
- Toyota’s 2006 recall of more than 1.4 million of its cars due to defective parts
According to the website of the attorneys at the Ausband & Dumont Law Firm, millions of other products, from children’s food and toys to house appliances, vehicles, machinery, chemicals, and so forth, have caused either injuries or death to their users. Though a seeming failure on the part of the Federal Trade Commission’s Bureau of Consumer Protection, the branch of the government tasked to ensure product safety, total responsibility cannot be blamed on it, though. This is due partly to the limits in its jurisdiction plus the billions of different products made available in the market every day. Thus, checking and ensuring product safety need to be a concerted effort by the different branches of the government, as well as active participation of the public in reporting products that are defective and harmful.
The Bureau of Consumer Protection, however, encourages consumers to forward to it any complaints on product defects for it to have a basis to conduct an investigation about the product n question and file legal complaints against the manufacturer if the product is, indeed, proven defective and a possible cause of harm.
“Prevention is better than cure,” is one very applicable adage where product safety is the concern. For, though, a person injured due to the use of a defective product may be legally awarded compensation from the liable manufacturer, there is no telling what the extent of such injury can be; thus, rather than suffer any harm, making sure that manufacturers comply with government safety standards to eliminate the possibility of their product causing harm on anyone will always be the much better alternative.
Picture this: you buy an apple and store it in the refrigerator and then, after a while, you’re really hungry and the only food available to you was that apple you’d put in before… but the refrigerator refuses to open. That is, in essence and unfortunately, what some people are subjected to by insurance companies that practice bad faith.
You avail of insurance plans as, mostly, a safety precaution for unpredictable circumstances. You could call it an investment for your future self, if you like. Investing in insurance is definitely a worthwhile investment but sometimes, the company that you put your faith in can be disappointing. According to the website of the Sampson Law Firm, there are some insurance companies that think of their policyholders as little more than numbers to complete a quota, wanting to keep the cash involved within house, without justifiable reason. As a policyholder, however, you are entitled to prompt compensation when you need it, for that is the service that you had paid for when you enlisted their services. If they have unreasonably kept your due recompense and inconvenienced you, you are warranted to take legal action against them.
It is illegal to withhold claims from you, following an incident that renders a need for you to claim what is owed to you, and yet there are some insurance companies that will do all it can in order for you to not get your dues. This is unacceptable behavior and if you are ever put into a situation like this by an insurance company that has showed bad faith, it is advisable for you to seek expert help.
Surely, there is an experience in your life that is significant enough that it demands for you to claim compensation from the insurance company in question. This added misfortune only adds to the injury and, truly, you certainly have enough on your plate without having to worry about this too. When everything seems to be getting out of your control, reach for help so that you can enjoy a smoother, more efficient process – ensuring that you can get your life back to normal no sooner than it has to!
The recent economic crisis in the US has hardly affected the trucking industry insofar as volume goes; while market forces shift depending on prevailing consumption, there will always be the need to transport goods from one place to the other. A well-managed trucking business will survive no matter what.
What has become a matter of concern for all businesses in general and including the trucking industry is the difficulty in getting ready capital. This is especially critical for those in the trucking industry because good cash flow keeps the wheels turning; when the cash stops, so does the business.
Traditionally, one would open a line of credit or an outright business loan with a bank, using the company’s assets as collateral. Lately, though, it has become more difficult to get the bank to take the risk as more and more people are defaulting on loans. According to the website of TBS Factoring, an alternative to a bank loan that has become more popular of late is that of freight factoring, and this is because of some crucial differences.
Banks are concerned with the ability to pay of the borrower, or the trucking company owner, so if you have a less than stellar credit score, you won’t get approved for a business loan no matter how well your business is doing. Freight factoring companies, on the other hand, are more concerned with the credit rating of the client because this will determine if the invoice will be paid.
Banks deal with everyone, so they tend to be more rigid in the programs they offer. Freight factoring companies deal solely with freight transportation, so they have a better feel for what works in the industry and can offer options that will answer the needs of the company more effectively.
Bank loans have to repaid; factoring does not because it’s not a loan. The trucking company owner basically sells the invoice so unless it is recourse factoring and the client doesn’t pay, that’s the end of that. In non-recourse factoring, even if the client doesn’t pay, the factoring company cannot demand that the owner make good on the invoice.
Overall, bank loans are not the best solution for trucking companies with temporary cash flow problems. They take too long to process, and there are no guarantees of getting approval. Freight factoring is definitely the easier and smarter way to go.
The main purpose of patents is to protect the rights of the inventor for an invention, whether it be a process, formula, or machine which is new or a significant improvement over an existing process, formula, or machine. It restricts non-patent holders for a specific period of time (usually 20 years in the US) from benefiting from the invention without the express permission of the patent holder subject to specific conditions. For example, a drug that can cure cancer can only be produced and sold by the patent holder until such time as the patent expires, or the patent holder conveys rights to others.
A patent protects ideas or designs instead of the actual physical invention, which makes it more complicated and restricted than, say, copyrighting a song or novel. There are many requirements for an idea or design to be considered patentable.
Many inventions today are based on a previously existing invention that may already be patented but sufficiently innovative to be distinct from what it has built on. A good example is a camcorder, which is a hybrid of the tape recorder and the video camera.
A patented idea should also be non-obvious such that a reasonable person with the requisite skill in a particular field would not be able to come up with the same design. For instance, a toaster with just one slot or three slots is not patentable, because it is obviously possible to have less or more of the standard two slots.
For an idea to be patented, there should also be a working model to demonstrate its purported function, and that function must not be immoral or illegal. An idea for a machine that will produce a chocolate shake from nothing but water cannot be patented, although as part of a fantasy model it can be copyrighted.
Enforcement of patent rights is completely up to the patent holder. For instance, Dallas intellectual property lawyers can be retained to file or fight an infringement lawsuit for the unlicensed use of an online shopping cart, such as the more than 130 cases against online retailers brought by EDekka LLC. Some consider this patent trolling, in which a patent holder takes advantage of the vague language used in some older patents to interpret it in an advantageous way. Such issues are why it is important for both patent holders and those who are accused of infringement should retain knowledgeable and experienced patent lawyers to protect their rights under intellectual property laws.