How to Avoid Getting Hurt in the Workplace

Posted by jmr on Feb 28, 2018 in Uncategorized | 0 comments Workplace injuries and illness can be all too common. A workers compensation attorney may emphasize the importance of hurt employees reporting an accident to their manager or supervisor promptly. An injury can range from a mild cut or scrape, to more serious conditions such as a concussion or broken bones. Asking for medical attention after getting hurt at work is the responsible thing to do for your health.   After filing an incident report and seeing a doctor, you may decide to file a workers compensation claim. We can help you during the claim process, and offer legal guidance if needed.   Below we have listed a few tips to help protect yourself from workplace injuries happening again in the future:   #1 Notify Your Supervisor About Hazards If you observe a hazardous condition in the workplace, bring it to the attention of your supervisor. Your employer has a legal responsibility to address unsafe conditions in the work environment. By reporting such threats, you could be preventing other people from becoming injured too.   #2 Wear Safety Gear Many employees dislike wearing protective gear because it is either uncomfortable or looks uncool. However, safety gear can be vital to safeguarding you from being exposed to harmful chemicals or suffering physical injuries in the event of an accident. For example, a construction worker who does not wear a hard hat even for a short period of time may be risking a concussion, brain swelling, memory loss and more if he or she were to get hit by a metal beam or equipment.   #3 Take Job Safety Training Seriously The extent of job safety training is based on the level of risk or threats you may encounter while on the clock. Your employer is obligated to provide you with training and information needed to encourage workplace health and safety. If you do not pay attention during training or do not follow guidelines, you can be putting yourself and others at risk for harm.   #4 Take Sufficient Breaks Workers are entitled to taking breaks during their shift. The number of breaks and length of rest can vary based on the state you live in and type of work. However, it is important that you take advantage of these breaks. In some work cultures, it can seem weak or be discouraged to take your government mandated breaks. Do not fall into...
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FDA Aiming to Speed Up Recall Announcements

Posted by jmr on Feb 21, 2018 in Uncategorized | 0 comments The Food and Drug Administration is aiming to alert members of the public faster when a product has been recalled, according to its official blog at FDA Voice. This move is being made to enhance the health of the public and increase the transparency of the agency. The primary source for recall information is the FDA’s “Enforcement Report,” a web-based feature that is updated once a week. Previously, only recalls that were already classified in one of the three severity categories the FDA uses were included in the report. However, this has been causing a delay in getting the information about a potentially hazardous product out to the public as the classification process can take weeks or even months in some cases. In response to the lag between classification and public notification, the FDA has opted to release recall information on the products it regulates as soon as possible, before the product is classified. From now on, recalls of human foods, drugs and veterinary products will be available in the Enforcement Report even if they have not yet been assigned a class. These classification-pending items will be shown as “not yet classified” in the report. The FDA currently uses three classes to identify the danger level a product poses to the public. Class 1 is the highest risk and includes items such as defective pacemakers and food that is contaminated with salmonella, while Class 2 is intermediate and includes failure to declare an ingredient in a food product on its label. Class 3 is the lowest risk group, such as a sub-potent medicated shampoo. In addition to alerting the public to a potentially dangerous product before it’s classified, the FDA is now also offering early summaries of removal or correction actions involving serious medical device issues on its Medical Device Recalls Database. This database also received an upgrade to its user search function to make finding information easier. The FDA does note that recalls are usually voluntary. Sometimes, they are initiated by the company that makes the products. Other times, the company acts after being contacted by the FDA with a concern. Regardless of who discovers the issue, the FDA is still the agency that monitors the company’s recall strategy and evaluates its overall adequacy. When a product is believed to pose a serious and immediate hazard, the FDA will act before its classification process is complete to publicize...
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Traumatic Brain Injuries and Slip and Fall Accidents

Posted by jmr on Feb 21, 2018 in Uncategorized | 0 comments As slip and fall lawyer Little Rock AR residents rely on can attest, many juries do not equate slip and fall accidents with a TBI.  Some falls can cause serious head injuries, ranging from mild concussions to more life-altering brain injuries.  Most of the time, a person will break a fall with the arms or hands and avoid any hard blow to the head. However, it’s always possible that you’ll suffer a brain injury when your head hits the ground or another object on the way down. Fluid surrounds our brains inside the skull, acting as a cushion to prevent the brain from making contact with the insides of our skulls. However, any jarring motion can potentially cause the brain to contact the skull anyway. You can also suffer a traumatic brain injury if an object penetrates the skull. Depending on the severity of the jolt to your head, you might suffer from mild or more severe brain injuries. Treatment for Traumatic Brain Injuries Medical treatment for a TBI will depend on the severity of the injury and the injured parts of the brain. A mild concussion will probably lead to instructions of bed rest. For pain management, you might use over-the-counter drugs (like ibuprofen or Advil), or your doctor might approve a prescription painkiller. A mild concussion typically resolves itself after seven to 10 days. More severe brain trauma will require more intensive therapies, including occupational therapy, speech therapy, physical therapy, and psychiatric therapy. Specific parts of the brain control specific behaviors, such as speech or emotional control, and any injury to those parts of the brain will damage your motor skills and behaviors accordingly. About half of all victims with severe traumatic brain injuries will need surgeries to repair bruised brain tissue (called a “contusion”) or to repair ruptured blood vessels. Some disabilities will respond to the appropriate therapy, but many victims might suffer from disabilities for the rest of their lives, which can interfere with their memory and ability to communicate. Seeking Compensation Traumatic brain injuries result in expensive treatments, rendering some people unable to work and in intense pain.  The key to a successful slip and fall lawsuit is proving that the premises owner knew or should have known about the hazard. When people invite guests onto their properties, they accept responsibility for ensuring that their properties remain free of hidden defects. Traumatic brain injuries...
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Wrongful Termination: Why a Separation Notice Matters

Posted by jmr on Feb 21, 2018 in Uncategorized | 0 comments Being terminated is difficult, as a wrongful discharge lawyer trusts can attest. You’re angry, emotional, worried, confused, and experiencing all the other feelings that may go along with being terminated. You may want to storm out of your employer’s office, pray you get your last check, and hope that they pay you for your unused vacation and sick days. After being notified of termination, you might pack up your belongings, put them in a box, throw the box in your car trunk, and speed away from that horrible work environment. Often, however, a terminated employee may forget to get (or may even be denied) a key document from the employer: the separation notice. Separation notices can be very important to have when you are terminated from your position. First, without a separation notice, you may have difficulty applying for and receiving your unemployment benefits. Employers may even deny or fail to give an employee a separation notice, which leaves an employee with two options at the unemployment office. The employer will have to be contacted and asked for a separation notice, or the employee may be surprised to find that the employer has cast the termination as a resignation to the Department of Labor, which could potentially bar the employee from unemployment benefits. Second, if you have been wrongfully terminated from your position, a separation notice may be crucial to your case. On the Department of Labor separation notice, under section 4, the employer is directed to dictate the reason for separation. If the separation is for any reason other than a “LACK OF WORK,” an employer is directed to proffer an explanation as to the reason for the termination. If you are suing your employer for discrimination under Title VII of the Civil Rights Act of 1964, the employer is likely to document you were fired for reasons other than discrimination. However, the reasons for your termination offered by your employer during deposition or put forward in their position statement to the Equal Employment Opportunity Commission (EEOC) may be different than the reason your employer listed on your separation notice. This incongruity may be indicative of pretext (i.e., a made-up reason for your termination) that may then be used as evidence the employer was trying to cover up for discrimination. A separation can also be used to show the pay you received while employed with your employer, as well...
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Personal Injury Awards and Estate Planning

Posted by jmr on Feb 21, 2018 in Uncategorized | 0 comments When an individual is injured in an accident or becomes ill due to the negligent actions of another party or parties, state law allows them to pursue damages against the at-fault party for the losses they have suffered because of the injuries or illness. This can include financial compensation for medical expenses, lost income, pain and suffering, emotional anguish, and more. If the victim has been left with permanent disabilities, the award they receive can be substantial. It is important for personal injury victims to update or create estate plans once they have received their settlement to make sure that their wishes will be kept in the event they become incapacitated or upon their death. There are other considerations that need to be addressed, as well. A wills and trusts lawyer Scottsdale AZ citizens rely on can help with any questions. What Is an Estate Plan? An estate plan addresses many issues. Not only does it address who should receive any assets and property you have when you die, it also addresses who will make financial and medical decisions should you become unable to do so. By having these plans already in place, your loved ones avoid the necessity of guardianship and probate proceedings later on. If you have minor children, your estate plan can name who should be their legal guardian and also make financial arrangements for their care. The most common tools used in estate plans are wills, trusts, power of attorneys, and living wills. Your estate planning attorney can go over what are the best options for you and your family in your situation. How Can a Settlement Impact Estate Plans If you do receive a substantial settlement amount, this will increase the value of your estate. This means that you may be able to leave your heirs a larger inheritance amount than you had planned before you received the settlement. However, this could also mean a large estate tax burden on your loved ones. There may be ways to reduce this tax burden and your estate planning attorney can discuss the different options, such as setting up trusts, which you may have. Smaller Inheritance Amount On the other hand, if your injuries were substantial and require lifelong care, your settlement amount may not necessarily cover it all and you may be forced to tap into financial accounts that had originally been set up as part...
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