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Abuse in the Nursing Home

Posted by on Feb 23, 2015 in Nursing Home Malpractice | 0 comments

When you put a loved one in a nursing home, you would think they would receive quality care and attention from those taking care of them. Although this is the case most of the time, abuse in nursing homes is far too common. Many times your loved one is not capable of telling you what is going on, but if you know what to look for, it will be much easier to get down to the bottom of what is going on when it is not visiting hours.

Physical abuse can occur in a few different ways. Battery is what usually first comes to mind, but unnecessary restraint and malnutrition constitute as physical abuse as well. Pay careful attention to your loved one’s skin and check for bruises. Also, if they have lost a significant amount of weight, do some investigating, because it is possible they have been malnourished.

Mental and psychological abuse can happen, especially when the caregiver is impatient. Verbal abuse, forced isolation, and humiliation are all considered forms of mental and physical abuse. Signs your loved one is experiencing this type of abuse are drastic negative changes in mood, appetite loss, and unusual rate of memory loss.

Sexual abuse from both ends of the spectrum is unfortunately present in nursing homes. If your loved one seems unusually off put by a certain caretaker or does not respond well to attempts at physical displays of affection, they may be a victim of sexual abuse.

The website of Pohl & Berk says that in some cases, a nursing home can hurt rather than harm your relative or friend. It is sometimes difficult to tell if they are facing abuse, especially if they cannot verbally express that this is the case. Make sure you are visiting your loved one frequently and taking note of their state.

Keeping Pedestrians Safe

Posted by on Jan 21, 2015 in Automotive Accidents, Injury | 0 comments

While a car collision may severely injure a driver, the severity of the injury can be many times more if the victim were a pedestrian. About 190 pedestrians are hit by cars every day in the US; from these, at least 12 are fatal or end in death some days following the accident. The National Safety Council says that majority of non-fatal accidents involving pedestrian s take place in urban areas where there is always a high volume of cars and pedestrians. With concern to fatal accidents, however, the council states that these are more frequent in rural areas, where vehicles run at greater speed due to much lighter traffic. NSC further explains that the absence of shoulders (as pedestrian facilities), sidewalks, paths and street lights (for better visibility at nighttime) are major factors that increase the risk of pedestrian accidents.

Pedestrian safety ought to be everyone’s concern because being a pedestrian is one thing all people in the US have in common. Other than walking, the meaning of pedestrian also applies to joggers or to anyone who is on foot and on the street, sidewalk, or walk path, and so forth.

The concerted efforts of the National Highway Traffic Safety Administration (NHTSA) and car manufacturers have led to the research, design, manufacture and installation of the latest devices that will make the streets safer for all pedestrians. These devices, aptly called accident avoidance technologies, are designed to keep drivers from crashing into anything or anyone, especially pedestrians.

The Pedestrian and Cyclist Detection with Full Auto Brake and the Forward Collision Warning System are just two of the latest accident avoidance devices that certain car manufacturers will start installing in their cars, making these regular features of their cars that go out into the market. While these devices may enable the full activation of a car’s brakes even without driver input, there are other devices that are designed to simply slow down the vehicle to reduce the force of impact, thus leaving still to the driver the need to bring the vehicle to a full stop.

A car accident is, more often than not, due to the negligent or reckless behavior of an individual, making it a totally preventable incident. If one occurs, though, then the victim should think about seeking help from a highly qualified personal injury lawyer, who can help him/her understand his/her legal options and the chance of seeking compensation which the law allows him/her to receive.

Scarring is Serious

Posted by on Jan 6, 2015 in Beauty, Injury | 0 comments

Most people would say that a few scars between friends are not such a big deal, and in general they would be right. Scars mean healing, and after a serious accident you would consider yourself lucky to come away with your life. However, there are situations when serious scarring can significantly affect a person’s career and life as much as losing a limb or going blind.

Most accidents leave some sort of mark on a person, and in some cases these are literally scars. Depending on the location they can be interesting and improve one’s street cred, or they can be disfiguring and cause people to be afraid or uncomfortable around them. As the website of Ritter & Associates states it, this can have deep and lasting impact on a person’s emotional, social and psychological well-being, especially for the young. It can lead them to withdraw or act out.

In other cases, the scars can impede a person’s ability to make fine or gross motor movements, again depending on the location as well as the type of scarring. This can limit a person’s employment opportunities because there are certain jobs that require fine motor skills and full range of motion. For example, a car accident victim who sustains severe burns in the hands can keep them from using a keyboard. That in itself is a major problem for almost any occupation.

The injury itself is bad enough, especially if it is serious enough to require extended medical treatment and rehabilitation, but you eventually recover and move on. The scars it leaves behind are usually for life. And to make matters worse, injuries that were caused by the negligence of others may have been so easily prevented.

If you have been left with extensive and serious scarring that has affected you adversely caused by negligence, you have the right to bring the responsible party to book and get compensation. Consult with a personal injury lawyer who will present your case for the best possible outcome.

Long Term Disability Appeals

Posted by on Oct 27, 2014 in Disability, Injury | 0 comments

An illness or injury that leads to long term disability can substantially affect the financial capability of any struggling family, most especially if the injured or ill worker’s application for benefits has been denied or awarded a minimal amount by insurance providers. And, though, in most states, providing workers’ compensation benefits to workers is mandatory to certain employers, this is never an indication that these same employers will approve their injured employee’s intent to file a claim.

Besides the discovery of fraudulent claims in the past, wherein employees were found to fake disability or illness for financial gains, many employers have become biased in treating claims since they consider most injuries as not serious or valid. This is especially true concerning injuries that are caused by inexplicable pain, such as back pain, which may be very hard to verify through x-rays, nerve conduction studies or other medical examinations. An employer’s refusal to support an employee’s claim, however, should never deter such employee in pursuing or appealing his/her claim.

When filing a claim with the workers’ comp, the first step required is informing one’s employer about the injury or illness; this should be done within 30 – 45 days after the accident (which caused the injury) occurred or after the illness was discovered. An injured worker who has been notified (through writing) by his/her employer, or the company’s insurance provider, of the denial of his/her request to file a claim, can request the state workers’ comp board for a hearing – this can be more effectively accomplished through the help of a competent legal professional, especially Minnesota workers’ compensation lawyers.

Sustaining a job-related injury or developing an occupational illness gives a worker the full right to file a claim to protect himself/herself; an employer’s thoughts regarding the legitimacy of the worker’s injury is no longer relevant. An employee should neither worry about the possibility of being retaliated upon by his/her employer too if he/she decides to pursue with his/her application despite the employer’s denial (there are federal and state laws that will protect the employee from any acts of retaliation).

Causes of Injuries in Rollover Accidents

Posted by on Jul 21, 2014 in Automotive Accidents | 0 comments

Rollover accidents are considered to be more serious than other types of accidents because the fatality rate is quite high. Anyone inside a sport utility vehicle (SUV) or light truck during a rollover has a 50-50 chance of surviving, while those in heavier trucks are more at risk, with a 40% survival rate. What’s more, any SUV rollover lawyer at the Willis Law Firm can attest to the serious injuries sustained in rollover accidents by the occupants that do survive.

Yet even with that grim survival rate and the fact that more than 30% of all fatal vehicular accidents are attributed to rollovers, there is no clear consensus on how the injuries are acquired. In short, experts are not sure what factors contribute to make rollovers so deadly.

Ejection

One of the causes of injuries considered by experts is that of ejection. It may seem obvious that when a passenger is thrown out during a rollover, that person is sure to get injured, if not killed. However, the ejection itself is not a cause of injury; in some cases, the ejected passenger is the only one to survive. It all depends on the circumstances. The ejection presents an opportunity for the passenger to get injured i.e. hits a concrete wall head first. In other words, it’s not the fall that will kill you, it’s the stopping. There are also cases where ejected passenger may actually have sustained an injury prior to being ejected, so quantifying the contribution of ejection to injury causation is not a simple matter.

Non-ejection

When passengers are wearing their seatbelts at the time of the crash, they are less likely to be ejected. However, this may not always be a good thing. It turns out the main cause of injury to non-ejected occupants is that of impact rather than crushing as was initially believed. Impact occurs when the vehicle strikes another object i.e. road which increases the forces on the body. Injuries are thought to occur in rollovers during what is called a “second collision.” The more second collisions that occur, the more likely that the non-ejected passenger will sustain injury.

Whatever the cause, when you sustain serious injury in rollover accidents due to the negligence of a third party, you are entitled to compensation. Contact a qualified personal injury lawyer in your area to assess your case.

Entrust Your Hair Style Only to an Expert

Posted by on Jul 13, 2014 in Beauty | 0 comments

It would take a master painter to create an exquisite work of art, just as it would take a really skillful and talented hair stylist cut or color and style a hair that will make a person look his/her absolute best.

As the US economy keeps getting stronger, more and more people are again frequenting salons, discarding the practice of do-it-yourself dye jobs, which they have began to learn.  In fact, a recent listing published in the American news magazine U.S. News and World Report shows that one of the best jobs of 2012 is Hairdresser.

With the professional beauty industry still being projected to grow, salon operators are expanding their list of services with assured quality and topped by customer satisfaction and convenience. Thus, besides the typical services, which include haircutting, hair length reduction and trims, clients can also now enjoy cutting with styling, blow-drying and shampooing, smoothing, keratin treatment, hot rollers, flat or curling iron, conditioning treatment w/ heat, overlays and add on color, deluxe nail care service, lash tint, brow tint, and some other facial services. There are also salons that usually offer hair style and make-up services that are skillfully done to complement a client’s dress, personal style and features, to bring out his/her most stunning looks, especially during very special occasions, such as a wedding day.

Choosing the salon to go should be made with utmost consideration, for surely no client would ever want to go to a second parlor only to have a mistake made in the first one corrected, but which is a common eventuality for many. Likewise, no client would want his/her hair color already fading only after a few washes when it is supposed to last longer.

To be the best hair salon, everyone working in it should deliver outstanding services and should allow a client to leave completely satisfied, besides the necessity of making every client feel important and at home.

If it is a fact only the best painters can create masterpieces, then it is also a fact that only the best hair stylists and the best beauticians can make an individual look his or her best. Entrusting one’s hair and other beauty concerns into the hands of someone who is less than an expert is something you will only be sorry for.

Workplace Discrimination based on Gender: A Concern for Business Owners and Employees

Posted by on Jul 11, 2014 in Business Issues | 0 comments

In 1964 the U.S. Equal Employment Opportunity Commission (EEOC) was created to enforce laws against abuses, discrimination and harassment in the workplace; it started to enforce the Civil Rights Act that was passed into law on the same year and is presently tasked in making sure that all employers observe all present state and federal laws against the same concerns. Workplace discrimination, against which the Civil Rights Act protects both current employees and job applicants, can be based on race, color, religion, national origin and sex.

Sexual discrimination and harassment are among the most prevalent abusive and unlawful acts committed in the work environment. The American public’s full awareness on the reality of sexual discrimination at work came only in 1991 when a sexual complaint was filed against a Supreme Court nominee. This event led to polls and studies which showed that many women, indeed, have experienced (and continue to experience) unwanted sexual advances and discriminatory acts by managers or senior co-workers in the workplace.

According to the EEOC, sexual discrimination involves unfavorable treatment of a job applicant or an employee due to his/her gender, sexual affiliation /inclination to a group or an organization of people of a certain sex, or to his/her being a transgender, a gay or a lesbian; perpetrators of sexual discriminatory acts include both male and female.

Through an article posted on its website, the John Melton Law Firm discusses the issue of discriminatory practices in the workplace. These unlawful acts, however, continue to be committed, since many victims opt to keep silent rather than jeopardize their reputation, job and career.

A less obvious practice, yet classic example, of unlawful sexual discrimination is giving different amount of wages to two employees (a male and a female) despite their having the same type of jobs, which also require the same skills, efforts and responsibilities. The Equal Pay Act (EPA) of 1963 protects individuals from this unlawful treatment and states that individuals with the same work, regardless of gender, should receive the same pay.

Employers should fully understand that giving a pay that is lower than what an employee actually deserves, that losing one’s job because of complaining against discriminatory practices, or even denying overtime work (and pay) to non-exempt employees (those who are entitled to render overtime work), can definitely greatly affect  an employee’s quality of life and financial responsibilities. Employers may not know, but their (discriminated) employee may possibly have the extra responsibility of paying child custody or alimony, or maybe paying a monthly mortgage; thus, any discriminatory act that will cripple his/her financial capability may result to a chain of financial woes, such as unmanageable debts that will result to the filing of bankruptcy. Due to this, employers have the major responsibility of making sure that no acts of discrimination are practiced in their own workplaces, as they could also be held directly responsible for such acts due to their failure to stop these.

Meanwhile, victims of sexual or gender discrimination should know that the law is their ally in protecting and fighting for their rights, which can very well result to saving others from all other acts of workplace discrimination too. Even employers, who would want to make sure that their own workplaces are free from any form of discrimination, can resort to hiring the services of highly-competent legal professionals, such as Cedar Rapids business lawyers, who will help them and their employees, fight for their rights and interests.

Sources of Financial Benefits in the Event of Disabling Injuries

Posted by on Jul 8, 2014 in Disability | 0 comments

An injury is considered disabling if it results in death or leads to permanent disability or temporary total disability (the last two being conditions wherein the person is no longer able to perform the work or activities he/she was capable of doing before the injury was sustained).

Depending on how the disabling injury was sustained, there are specific legal ways that will enable the injured person to seek financial benefits or compensation that will save him/her from experiencing a crippling economic situation on top of the disability. If the injury were sustained in an accident that was a result of another person’s negligence or carelessness, then the injured victim would have the legal right of filing a claims lawsuit to enable him/her to seek compensation for the personal injury he/she has sustained. The compensation is supposed to cover lost wages and cost of medical treatment.

Disabling injuries sustained by individuals while performing their work would qualify them to seek financial benefits from the state-enforced Workers’ Compensation Insurance benefit. This benefit that was passed into law in 1908 was meant to provide fast financial benefits to injured workers (who sustain work-related injuries or illnesses). This compensation benefit is meant to cover cost of medical treatment, lost wages, disability, rehabilitation and death. Though one of the conditions specified when availing this benefit is exemption of the employer from litigation for further financial responsibility, the injured or ill worker can have the right to litigate if the employer does not provide the Workers’ Comp benefit or does not carry a state-approved self-insurance, or if there is strong reason to believe that the injury or illness was a result of the employer’s ill intent to actually cause it.

An Individual whose injury or illness is not work-related but who have been employed long enough and have earned the required amount of credits required by the Social Security Administration [these credits are earned through payment of the Federal Insurance Contributions Act (FICA) or SS taxes during their employment]may be qualified to avail of the Social Security Disability insurance if their disability is total, that is, if it has gone on, or is expected to last, for at least a year, or may result to death.

According to the website of the Hankey Law Office, the SS Administration also considers a person totally disabled if that person:

  • Can no longer perform the work which he/she was employed to do before the disability
  • Is not capable of  performing any other work because of his/her medical condition

A total disability changes a person’s life completely. Sometimes, despite an individual’s condition that will render him/her qualified to avail of the benefit, whether the Workers’ Comp or SSDI, his/her application would be denied due mainly to technical errors. It is, therefore, highly advisable that such injured individual seek the services of a highly- qualified lawyer to make sure that his/her application contains all the required forms and documents and that these are submitted within the specified time.

Nursing Homes: Acts of Abuse and Neglect

Posted by on Jul 5, 2014 in Nursing Home Malpractice | 0 comments

Records released by the Centers for Disease Control and Prevention in May of 2014 say that there are 16,100 nursing home facilities in the US (a little above 15,000 facilities are certified) and the current number of residents total to 1.5 million.

Another record, from the American Association for Justice, shows that 90% of nursing homes lack the required number of staff to be able to provide sufficient care – such an alarming news, considering the fact that higher rates of abuses have been more prevalent in facilities, whether nursing homes or home care, where staff and resources are lacking.

Nursing home residents include the elderly, usually those 65 years old or above, people who are physically or mentally incapacitated, or needing rehabilitative therapies due to an illness or an accident and those who need extra care, like Alzheimer patients. Weakened by age or incapacitated by illness, these people turn, instead, to staff and nurses for help even for the most basic activities, such as eating, bathing, toileting and so forth.

Reports gathered by the American Association for Justice also show that only one out of ten abuses is usually reported to authorities, hiding the real number of cruel acts against the elderly and other residents. Silence from those abused is often due to fear, shame or avoiding being accused of just seeking attention or suffering from dementia.

The types of abuses often suffered by nursing home residents include emotional, physical, financial (in some instances) and sexual, which is actually the most humiliating and most cruel of all types. The abusers are the staff members or co-residents who are either forced or bribed by the same staff to inflict harm on someone else.

Besides the cruel acts, however, are acts of neglect, which are failure to provide the necessary, adequate care and which are equally harmful to residents. Neglect can be in the form of withholding medical care and/or food, non-treatment (or delay in treating) bedsores, delay in assisting (or failure to assist) residents in performing some concerns, failure to provide hygienic care, and so forth.

Although some residents may not complain about the ill treatment or about the inadequate care they are receiving, being more observant of their situation and appearance may be enough hint to make visiting family members see that something is wrong. Thus, an unusual weight loss, a bruise or a wound, or an unkempt appearance can be obvious signs of something that should not be happening.

An abused resident or his/her family is enjoined by law to report any form of cruelty being committed in nursing homes. It is also advisable that the abused seek the services of a competent legal professional, like a Texas nursing home neglect lawyer, who will be able to help him/her understand his/her rights in the event of cruel or neglectful treatment.

Motorcycle Accident and the Motorcycle Helmet Law

Posted by on Jul 2, 2014 in Automotive Accidents | 0 comments

The US Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) has named the month of May as “Motorcycle Safety Awareness Month” – a vital move that is intended to remind all motor vehicle drivers and motorcyclists to safely share the road with each other. Reminders are also issued, first, to motorists, to help keep motorcycle riders safe by being be extra alert and, second, to motorcyclists, to always make sure that they are visible to other drivers.

Records from the National Center for Statistics and Analysis (NCSA) Traffic Safety Fact Sheet (for the year 2012) show 4,957 deaths and 93,000 injuries involving motorcyclists, who figure in motor vehicle traffic accidents. The American Motorcycle Association (AMA), the largest motorcycling organization in the world, considers this number too high despite the Governors Highway Safety Association’s claim that motorcycle-related fatalities in the US has declined. AMA greatly supports the Motorcycle Awareness Month to help riders stay safe on the road, as well as to help them know and protect their rights.

One riding necessity that AMA always emphasizes is the wearing of a helmet that complies with the U.S. Department of Transportation’s safety standards. This will somehow lessen the force of impact to the rider’s head, which is a common cause of death. Other protective gears endorsed by AMA include protective pants and jacket, footwear and gloves.

Beginning May 2012, Guam, the U.S. Virgin Islands, the Northern Mariana Islands, the District of Columbia, Puerto Rico and 47 US states have enforced a helmet law for motorcyclists. From the 47 states, 28 states plus Guam mandate the use of helmet for specific riders, while the use of helmets for all riders is required in all remaining places. New Hampshire, Iowa and Illinois are yet to have a motorcycle helmet law.

Some of the really dangerous accidents a motorcyclist can be involved in include: head-on collision with another motor vehicle; colliding or being struck by a car that is making a left turn; and, colliding with a fixed object. The severity of the injury is greatly increased if the rider (or the driver of the other motor vehicle) were speeding or drunk.

Majority of the accidents involving motorcyclists can be blamed on the other driver; proving such fact, however, is never easy and, with the physical injuries a rider has sustained, which will necessarily result to economic loses (due to inability to work) and costly medical treatment that the injury will require, the injured rider will surely need the maximum amount of compensation that he/she is legally allowed to receive.

Lawyers, like an Iowa motorcycle accident lawyer or a Detroit personal injury lawyer, who have proven their incomparable competence in fighting for an injured victim’s rights and interests, would be an absolutely needed ally in seeking the financial compensation that will cover the victim’s loses. Thus, in the event of a motorcycle accident, riders should make sure that they are very well represented.

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