Workers’ Compensation Fraud

Compensation, Contrary to what most people believe, workers compensation fraud is more than just exaggerating the medical condition. It’s a violation of an insurance program that provides a large number of benefits to employees who were harmed or damaged on the workplace. This program involves following benefits: medical, temporary and total ones; permanent, partial ones and death benefits. It has to be mentioned that the injured employee will receive all the benefits mentioned above, in the exchange for not bringing a civil action against the employer (except the cases of intentional acts).

Returning to the workers’ compensation fraud, it should be noted that the fight against cheaters and malingerers recently forced the insurance industry initiate a workers’ compensation reform that involves a profitable cost-cutting campaign in order to resist the abuse of the system.

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Workplace Health and Safety. Workers’ Compensation

Occupational safety and health also commonly referred to as workplace health and safety is an area concerned with protecting the safety, health and welfare of the people engaged in work environment. The main statute protecting the health and safety of workers is the Occupational and Safety Health Act (OSHA).

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Employers should send their workers home in the same condition they came in. Costs associated with incidents, including lost costs, worker’s compensation claims, insurance costs and legal fees are minimized in a safe work environment. The total economic cost of work-related injures, illnesses or even deaths for 2009 is estimated to be $168.9 billion. The amount of money that is spent for worker’s compensation is very significant. Worker’s compensation laws protect people who are injured on the job. They are designed to ensure that employees who are injured or disabled on the job are provided wiWorkplace-Safety-Signth fixed monetary awards. The estimated total time lost because of the unsafe working conditions is 95 million days. That is why  workplace safety is very important and it’s employers’ primary job to provide their workers with the safe working conditions.

If you’re doing safety effectively in a business world, it’s going to relate to fewer schedule interruptions, which will minimize companies’ costs and will save people’s lives!

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Comparative Fault System. Comparative And Contributory Negligence for Personal Injury Lawsuits

neglThe concept of “negligence” is defined asconduct that falls below the standards of behavior” established by law for the protection of others against unreasonable risk of harm. Comparative fault system includes three basic rules:

  • Pure Contributory Negligence Rule
  • Pure Comparative Fault Rule
  • Modified Comparative Fault Rule

indexThe term of Pure Contributory Negligence defines at what degree the plaintiff is negligent for their own injury. If the plaintiff is found even 1% at fault, no damages can be recovered (i.e. being hit by the car while crossing the road in the wrong place). Only 5 states recognize the Pure Contributory Negligence Rule: Alabama, District of Columbia, Maryland, North Carolina and Virginia.

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Behind The Scenes Of A Personal Injury Case. Personal Injury Terminology

Personal injury is a legal term meaning bodily injury or emotional distress which is caused by a type of tort or by the negligence of another. Negligence is defined as conduct that falls below the standards if behavior established by law for the protection of others against unreasonable risk of harm.

4Torts are determined as civil wrongs that cause a person to suffer harm or loss. Generally torts fall into three categories:

  1. Intentional torts can result from intentional acts such as battery, assault, intentional infliction of emotional stress and others.
  2. Negligent torts also called “prudent man rule” result from failure to behave with the level of care to someone whom he or she owes a duty to (i.e. failing to obey traffic rules)
  3. Strict Liability torts are caused by virtue of a wrongful act, without any accompanying intent or mental state.

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When do You Have a Good Personal Injury Case?

Daily a lot of people get in different types of accidents where personal injury takes place. If you are involved in an accident, there are a couple of things that make any personal injury case a good one. How do you know it? Let’s find out!

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If your injury is a result of someone else’s negligence, this is already a big benefit to your case. This means that the other party is more at fault than you. The concept of negligence means any conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm.

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What Should You Do After Being Involved In An Accident

Car accidents are very stressful for each driver because they are unexpected and unpredictable. Even the best and the most careful driver may be involved in an auto accident.

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According to Association for Safe International Road Travel (ASIRT) 2.35 million of people get injured or disabled in road crash accidents in U.S. Road crashes cost $230.6 million per year.

If you got into an auto accident you should first collect evidence as to who caused the accident and what are the damages of it. The best solution for you could be taking pictures of the damages, because that would be an incontestable evidence.

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Child Safety: How to Use Child Safety Seats Correctly

Every parent, placing his child in a vehicle, should always take into consideration the necessity of safety seats for children and the importance of selecting the right kinds of safety seats. It is crucial to be aware of the times your child should be moved from a rear-facing car seat position to a forward-facing car seat or booster seat. It can literally save your child’s life in case of a car accident.

In celebration of child safety week, the team at Chicco have put together an infographic that in no uncertain terms explains the age and height suggestion for securing your child.

Newborn to Age 2

According to the Children’s Hospital of Philadelphia, babies are at greater risk of injury in crashes. This is because babies’ spines are developing and their heads are large for their bodies. Hence, a child should ride rear-facing in a child safety seat. The baby’s head, neck and spine are cradled by the back of the child safety seat in the case of a frontal crash, which is the most common type of crash.

The following video presents some important child safety seat tips for your baby:

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The American Academy of Pediatrics (AAP) recommends that children 2 years or older, or those who have outgrown the weight or height limits for their rear-facing safety seat be restrained in the back seat of the car, in a forward-facing safety seat with harness for as long as possible, up to the highest weight or height allowed by the manufacturer of the safety seat.

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Unsecured Cargo Load Injuries

Trucks have an important function for the country’s commerce system. Every day, hundreds of them travel on the roads, carrying tons of heavy cargo. And it is absolutely necessary this cargo to be properly secured. Otherwise, there is a very high risk of the load to come loose and into contact with another vehicle, bicyclist, or pedestrian, causing very serious injuries or wrongful deaths.

There are many different hazards regarding unsecured truck loads, but the most common include improperly and inadequately held construction equipment being towed, automobiles being carried, and mobile homes being transported. This places obstacles in the road which can lead to accidents and injuries that can seriously injure or even kill drivers and passengers. In addition to being unsecured, cargo loads can also be improperly balanced, which can cause them to shift leading to poor braking, rollovers, and serious crashes on the nation’s roadways.

Drivers and other people using the roads can suffer serious injuries in Unsecured Cargo Load Accidents, such as:Plywood-in-window

- Overturned trucks on curves and corners

- Cargo or tarps falling onto the roadway

- Jackknife accidents when cargo shifts

- Hazardous cargo spills

There are strict limits on the total amount of weight trucks can carry on highways due to federal laws that are in place. Any truck that exceeds these limits are deemed to be overweight or overloaded and are in violation of the federal law because they take longer to stop and are generally harder to control. So, a large number of trucks on the road who are operating illegally, or who have cargo loads that are not properly secured put the public on roadways in danger.

In 2004, the AAA Foundation for Traffic Safety reported that 25 000 motor vehicle accidents are caused each year by unsecured cargo loads on highways. According to Bellotti Law Group these car crashes result in 80 to 90 fatalities and many more serious injuries, including broken bones, closed head injuries, traumatic brain injuries, paralysis, spinal cord injuries, and others.

unsecured cargo loadIn case you have been hurt because of unsecured cargo loads, you have to understand that you have legal rights and you may be able to bring forth a lawsuit to make those responsible account for your injuries. You should turn to a personal injury attorney who specializes in motor vehicle accidents immediately. These professionals can help you to obtain compensation for past, present, and future medical expenses, loss of income, loss of quality of life, pain and suffering.

Cases involving unsecured cargo loads can be quite complex because it is often difficult to determine liability. This is because the truck driver has a particular duty of care to inspect the load before the trip; however, the trucking company is required by federal laws and regulations to ensure cargo is properly secured for the driver. The shipper who arranges the load also has a duty of care to tie down and load the cargo properly. For these reasons, it is recommended not to act spontaneously and file a claim on your own, as you may overlook a responsible party.

Try to find a professional personal injury lawyer as soon as possible. Time is of great importance, because evidence needs to be collected, witnesses need to be interviewed, and legal paperwork needs to be filed in time. Various states have different statutes of limitations and missing just one deadline can ruin the chances of a favorable outcome.

Beware, drunk driving causes death!

Drunk driving or driving under influence is a really dangerous and irresponsible act that people perform. After-party high spirit and good mood can turn into a tragedy for you, your family, for other people and their families because drivers with high blood alcohol content or concentration (BAC) are at a great risk of car accidents, roadway injuries and vehicular deaths.

DUI is a traffic offense and violation of the traffic law. If you are caught committing such an offense you will face really severe penalties. You can pay a monetary fine or you can be imprisoned. The penalties depend on the complexity of your offense.

 

However, the penalties do not bring such a grief as the accidents that occur because of driving under influence. According to www.madd.org, every 53 minutes on average, someone is killed in a drunk driving crash (9,878 people in total in 2011). Every 90 seconds, someone is injured because of this crime.

Edgar Snyder & Associates, a law firm representing injured people, has collected the following statistics:

United States Drunk Driving Car Accident Statistics (2009)

  • Three in every ten Americans will be involved in an alcohol-related crash at some point in their lives.

  • Of fatal accidents in 2009, 32 percent involved alcohol-impaired drivers.

  • In 2009, all 50 states, the District of Columbia, and Puerto Rico made it illegal to drive with a BAC of .08 or higher. Of the 10,839 people who died in an alcohol-related crash, 7,281 (67 percent) had drivers with BACs above the legal limit.

  • For fatal crashes occuring from midnight to 3 a.m., 66 percent involved alcohol-impaired driving.  Continue reading

Dallas Charter Bus Crashes On Way To Oklahoma Casino

In a recent CNN’s article written by Jason Hanna and AnneClaire Stapleton entitled: 2 dead, dozens sent to hospitals after Dallas-area bus crash, is reported that a bus taking people to Oklahoma casinos rolled over on a Dallas-area toll road. The crash occurred Thursday morning.

The bus overturned on President George Bush Turnpike in Irving, Texas after it had slid onto the other side of the highway, according to the Texas Department of Public Safety. It’s unclear what caused the bus to veer.

Unfortunately, there are many victims as a result of this accident. Two people died and at least 44 people were taken to hospitals and at least three were in critical conditions, officials said. As the chairman of emergency medicine at Dallas’ Parkland Memorial Hospital said, most of the passengers on the bus were elderly. The bus driver remained alive and was sent to the hospital with other passengers.

According to Dr. Alex Eastman, who treated some patients at Parkland, of the 15 people brought to that hospital, four were in critical condition and 11 had non-life-threatening injuries. Most of the injured were deeply shocked.

This charter bus accident is investigated by The National Transportation Safety Board.