Workers’ Compensation Claim

I fell from a ladder at a construction site while working, and broke my big toe. The break was so significant that it required surgery. I am aware that I am entitled to receive workers’ compensation claims, but don’t know what they cover. It will be great to get an idea of this.  

Response

You may be entitled to the following:

·         All medical bills, prescriptions and travel to the hospital

·         Should your injury compel you to take time away from work, you may be entitled to a temporary disability payment. Under this, you will be entitled to receive partial compensation for wages you have lost.

·         If your injury is very serious and you can’t completely recover from it, you may be entitled to a monetary award.

·         If your injury prevents you from returning to your previous job, you may be entitled to assistance to get another job.

How can one bring a personal injury lawsuit against a negligent party in a construction site debris accident?

If you want to bring a personal injury lawsuit against a negligent party, you would have to prove that:

·         The negligent party had a duty to make sure that the construction site was safe and free of debris.

·         The negligent party breached his/her duty of making sure that the construction site is safe.

·         Breach of his/her duty resulted in injury.

Construction Site Debris Accidents

Debris at construction sites can often be dangerous for everyone. They can cause serious injuries to workers, and sometimes even pedestrians walking by. When employees suffer injuries from site debris accidents, they may be entitled to workers’ compensation benefits.

It is the responsibility of employers to maintain workplaces that are as hazard-free as possible. When employers fail to follow the OSHA safety regulations, and as a result, employees suffer serious injuries, employers may be held responsible for the injuries and may face significant fines.

Circumstances under which workers may be injured by construction site debris:

·         When leftover building materials and tools are not properly stored

·         When materials that are no longer in use are not disposed of

·         When there is falling debris.

How can one bring a personal injury lawsuit against a negligent party?

Injured victims who want to bring a personal injury lawsuit against a negligent party would have to prove that:

·         The negligent party had a duty to make sure that the construction site was safe and free of debris.

·         The negligent party breached his/her duty of making sure that the construction site is safe.

·         Breach of his/her duty resulted in injury.

Construction Site Debris Accident

My brother works at a construction site. Two days back, he suffered a serious accident because of falling debris at the site. The incident occurred when a piece of plywood from one of the big machines fell on him, causing a head injury and severe bruising. Who should be held accountable for his injuries?

It is the responsibility of an employer to maintain a workplace that is as hazard-free as possible. If your brother’s employer failed to follow the OSHA safety regulations and, as a result, your brother suffered serious injuries, his employer may be held responsible for the injuries, for which he may be liable to pay significant fines.

What are the major causes of injuries in school?

Schools are responsible for providing a safe and enriching environment for children. However, the following circumstances may lead to injuries at school:

·         Inadequate supervision

·         Lack of security

·         Negligent hiring and supervision of employee(s)

·         Dangerous conditions that cause slip and fall accidents

·         Negligent maintenance

·         Physical, sexual and verbal abuse by school employee(s)

·         Bullying by fellow students

Accidents at School and Personal Injury Claims

If your child has been injured at school, you may be eligible to claim compensation for your child’s injuries. School injury claims can be complicated. To file a claim in the School District, or the municipality in which the school is situated, you will have only 90 days. If you fail to file a claim within 90 days, you may not able to claim compensation for your child’s injuries.

Causes of Injuries at School

Schools are responsible for providing a safe and enriching environment for children. However, the following circumstances may lead to injuries at school:

·         Inadequate supervision

·         Lack of security

·         Negligent hiring and supervision of employee(s)

·         Dangerous conditions that cause slip and fall accidents

·         Negligent maintenance

·         Physical, sexual and verbal abuse by school employee(s)

·         Bullying by fellow students

Bullying Incidents

If you come to know that your child is the victim of bullying, immediately put the school on notice. The school must be immediately notified that your child has been bullied. If the school is not aware of prior bullying incidents, the school may not be responsible for the injury.

Injuries While on the School Bus

If your child has been injured in a school bus accident, you may be able to recover compensation for your child’s injuries. Multiple parties may be involved in school bus accidents, and an experienced accident attorney can investigate and determine who should be held liable for the injuries. If the driver was not licensed, you can file a case against the driver and the bus company for negligent hiring.

If your child was injured when another vehicle hit the school bus, you may be able to recover compensation from the at-fault driver’s insurance company.

Injuries While at School

Can I file a claim if my child was injured while at school?

If your child has been injured at school, you may be eligible to claim compensation for your child’s injuries. School injury claims can be complicated. To file a claim in the School District, or the municipality in which the school is situated, you will have only 90 days. If you fail to file a claim within 90 days, you may not able to claim compensation for your child’s injuries.

What are the do’s and don’ts after a car accident?

Here are few things you should do and not do after a car accident:

The Do’s

·         Seek medical assistance immediately. Don’t wait. If you delay getting medical help, it may be difficult to show that the injury corresponds to the accident.

·         Even if it the accident is a minor one, involve the police. The police will file an accident report which will have details of the accident as well as information of the other driver. This report can play an important role in your claims process.  

·         Collect as much information as possible from the other driver involved in the accident, such as name, address, telephone number, insurance information, as well as model and license plate number of the other vehicle.

·         Collect contact information of people who witnessed the accident. Witness’s information should be recorded before they leave the scene.

·         Take photographs of the accident scene in its authentic condition.

·         Promptly notify your own insurance company about the accident.

The Don’ts

·         Don’t move your vehicle.

·         Don’t admit fault.

·         Don’t make a recorded statement to your insurer.

·         Don’t agree to a settlement before discussing it with your lawyer.

The Do’s and Don’ts after a Car Accident

Getting injured in a car accident can be traumatic. However, the things you do and don’t do immediately following the accident can often have an important impact on the outcome of your car accident claim.

Here are a few things you should do and not do after a car accident:

The Do’s

·         Seek medical assistance immediately. Don’t wait. If you delay getting medical help, it may be difficult to show that the injury corresponds to the accident.

·         Even if it the accident is a minor one, involve the police. The police will file an accident report which will have details of the accident as well as information of the other driver. This report can play an important role in your claims process.  

·         Collect as much information as possible from the other driver involved in the accident, such as name, address, telephone number, insurance information, as well as model and license plate number of the other vehicle.

·         Collect contact information of people who witnessed the accident. Witness’s information should be recorded before they leave the scene.

·         Take photographs of the accident scene in its authentic condition.

·         Promptly notify your own insurance company about the accident.

The Don’ts

·         Don’t move the vehicle. The law enforcement officials should be able to see the actual impact of the accident.

·         Don’t admit fault. Admitting that you caused the accident could be used as an admission against you.

·         Don’t make a recorded statement to your insurer. Contact a lawyer. Once your statement is recorded, you may be stuck with it. A lawyer can help you protect your legal interests.

·         Don’t agree to a settlement before discussing it with your lawyer. Your lawyer may be able to review whether the settlement offer is fair and just.

The Do’s and Don’ts after a Car Accident

I have heard that the things we do and don’t do following a car accident play an important role in the claims process later. If, someday, I get involved in a car accident, what are the things I should do and the things I should avoid doing following the accident?

Here are a few things you should do and not do after a car accident:

The Do’s

·         Seek medical assistance immediately.

·         Even if the accident is a minor one, contact the police.

·         Collect information, such as name, address, telephone number and insurance information of the other driver as well as his/her car model and license plate number.

·         Collect contact information of people who witnessed the accident.

·         Take photographs of the accident scene in its authentic condition.

·         Promptly notify your own insurance company about the accident.

The Don’ts

·         Don’t move your vehicle.

·         Don’t admit fault.

·         Don’t make a recorded statement to your insurer.

·         Don’t agree to a settlement before discussing it with your lawyer. 

What are the leading causes of road accidents?

Distracted driving, driving while intoxicated and speeding are the leading causes of serious and fatal injury crashes. Many of the publicized distracted driving cases involve youthful drivers who were texting while driving, but young adults aren’t the only ones putting themselves and others at risk on our roads. To some degree, almost everyone is guilty of distracted driving. For example, talking with a passenger, leaning over to pick up a fallen object, changing the radio station, checking a GPS, or using a cell phone can take the driver’s attention off the road and cause serious accidents.

Distracted Driving Accidents

Almost everyone can agree that texting while driving is dangerous. However, many drivers continue to do it, causing them to be distracted while driving. Cell phone use while driving has become a common practice today. Many people use their cell phones while driving for both personal and business use. Each time people take their focus off the road, even for a second, they are putting their own lives and the lives of others at risk.

Distracted Driving is a Serious Threat

Distracted driving, driving while intoxicated and speeding are the leading causes of serious and fatal injury crashes. Many of the publicized distracted driving cases involve youthful drivers who were texting while driving, but young adults aren’t the only ones putting themselves and others at risk on our roads. To some degree, almost everyone is guilty of distracted driving. For example, talking with a passenger, leaning over to pick up a fallen object, changing the radio station, checking a GPS, or using a cell phone can take the driver’s attention off the road and cause serious accidents.

Accidents Can Happen in a Blink of an Eye

Accidents can take place within seconds of a driver taking his or her eyes off the road. A naturalistic driving study was conducted by the NHTSA and the Virginia Tech Transportation Institute, which used sophisticated technology to track drivers in their own vehicles. The study found that 80% of crashes and 65% of near crashes involving driver inattention occurred within three seconds of the distracted behavior.

According to another study using driving simulations, it was found that texting drivers were six times more likely to be involved in collisions. The Virginia Tech Transportation Institute found that the risk is 23 times more for truck and heavy vehicle drivers.

Texting While Driving

I have seen people texting while driving. Is it dangerous  to do this?  

Almost everyone can agree that texting while driving is dangerous. However, many drivers continue to do so, causing them to be distracted while driving. Cell phone use while driving has become a common practice today. Many people use their cell phones while driving for both personal and business use. Each time people take their focus off the road, even for a second, they are putting their own lives and those of others at risk.

Who may be held responsible for harm/ injury caused by unsafe medical drugs?

The following parties may be held responsible:

Manufacturers: They may be sued for manufacturing unsafe medical drugs. However, manufacturers are typically large companies. They may retain teams of high-priced lawyers to defend such cases. Filing a successful lawsuit against them is not always easy.

Testing laboratories: Drugs usually go through a series of tests before they make their way to the market.  Laboratories that conduct the tests can be sued for the injuries even if they are independent of the manufacturers.

Medical sales representatives: It is the job of medical sales representatives to meet doctors and other members of the medical community to advertise the latest drugs and make recommendations regarding their usage. They may be held responsible if the recommended drugs cause injuries.

Doctors: Doctors may be held liable if the prescribed drugs cause injuries. They may also be found negligent if they fail to warn patients about the potential side effects of the prescribed drugs or provide adequate instructions regarding their usage.

Hospitals/clinics: As part of the chain of distribution of drugs, hospitals/clinics may be held liable for the injuries.

Pharmacies: Pharmacies are the final point in the chain of distribution of drugs. They may be held liable if victims suffer injuries because of unsafe   medical drugs bought from pharmacies.

Injury Because of Unsafe Medical Drugs

When we take medicines prescribed by our doctor, or when we buy them from the pharmacies, we trust that the medicines will help us improve our condition. However, this is not the case every time. Every year, thousands of people suffer serious side effects from unsafe medical drugs. Victims harmed/injured because of unsafe medical drugs may be able to sue the responsible parties, namely:

Manufacturers: Manufacturers may be sued for manufacturing unsafe medical drugs. However, manufacturers are typically large companies. They may retain teams of high-priced lawyers to defend such cases. Filing a successful lawsuit against them is not always easy.

Testing laboratories: Drugs usually go through a series of tests before they make it to the market.  Laboratories that conduct the tests can be sued for the injuries even if they are independent of the manufacturers.

Medical sales representatives: It is the job of medical sales representatives to meets doctors and other members of the medical community to advertise the latest drugs and make recommendations regarding their usage. They may be held responsible if the recommended drugs cause injuries.

Doctors: Doctors may be held liable if the prescribed drugs cause injuries. They may also be found negligent if they fail to warn patients about the potential side effects of the prescribed drugs or provide adequate instructions regarding their usage.

Hospitals/clinics: As part of the chain of distribution of drugs, hospitals/clinics may be held liable for the injuries.

Pharmacies: Pharmacies are the final point in the chain of distribution of drugs. They may be held liable if victims suffer injuries because of unsafe medical drugs bought from pharmacies.

Unsafe Medical Drugs

My 1-year-old son was suffering from fever and dysentery. We took him to a doctor, who prescribed medicine which we bought from a nearby pharmacy. A moment after taking the medicine, he started throwing up and sweating profusely. I immediately took him to the emergency department of a hospital. After a thorough investigation, it was found that the medicine dosage was too heavy for a one-year-old. To make things worse, the medicine had expired. Who do I sue for causing harm to my son? 

Generally, in case of harm/ injury caused by an unsafe medical drug, victims may be able to sue the following parties:

·         Manufacturers

·         Testing laboratories

·         Medical sale representatives

·         Doctors

·         Hospitals/ clinics

·         Pharmacies

However, in your particular case, you may be able to sue the doctor who prescribed medication beyond the normal dosage, as well as the pharmacy which sold a product that had already expired.

What types of monetary damages can you collect in a brain injury case?

Monetary damages awarded in a brain injury lawsuit depend on the extent or severity of the injury. Plaintiffs may receive two basic types of damages - special damages, and general damages. Special damages include present and future medical expenses, lost income, lost earning capacity due to the injury, long-term treatment/rehabilitation expenses, and property damages. General damages include pain and suffering, shock and mental anguish, emotional distress, loss of reputation, and loss of companionship and society.

Brain Injury Lawsuit

Brain injuries are caused by physical trauma, such as a bump, penetration, blow or shake from major accidents. It can disrupt the brain’s normal functioning and prevent an individual from performing regular work. Often, brain injuries lead to long-term or permanent physical or mental impairment.

If you or a loved one has suffered a brain injury due to someone else’s negligence or intentional conduct, you may be entitled to compensation. Brain injury victims can file a lawsuit against the parties that are legally liable for the injury, such as drivers, vehicle owners, premises owners, product manufacturers, contractors, etc.

Legal Basis of Your Case

Understanding the legal theory on which your case is based will dictate what you need to prove in order to win the brain injury lawsuit. Brain injury claims may proceed under negligence and product liability legal theories.

Negligence:

In a negligence claim, a plaintiff must prove that the party (defendant) they are suing is liable for the injury. In order to file a successful claim, the plaintiff must prove the following:

·         The defendant is required by law to be reasonably careful i.e. the defendant owed you a “duty of care.”

·         The defendant failed to act with reasonable care.

·         The defendant’s action (or inaction) was the cause of your injuries.

·         You suffered injuries and/or losses that are measurable under the law.

·         The head injuries were not pre-existing.

Product liability

If the use of a defective or dangerous product caused your brain injury, you can pursue a claim under a product liability legal theory. You can sue the manufacturers of the product, retailers, distributors or other liable parties.

Monetary Damages for Brain Injuries

Monetary damages awarded in a brain injury lawsuit depend on the extent or severity of the injury. Plaintiffs may receive two basic types of damages: special damages, and general damages.

Special damages include present and future medical expenses, lost income, lost earning capacity due to the injury, long-term treatment/rehabilitation expenses, and property damages.

General damages include pain and suffering, shock and mental anguish, emotional distress, loss of reputation, and loss of companionship and society.

Brain Injury Legal Rights

My uncle is suffering from severe brain injuries sustained in a negligent driving accident. I want to know what I can do for him legally.

If you or a loved one has suffered a brain injury due to someone else’s negligence or intentional conduct, you may be entitled to compensation. Brain injury victims can file a lawsuit against the parties that are legally liable for the injury, such as drivers, vehicle owners, premises owners, product manufacturers, contractors, etc.