Holding Employers Fully Liable for Injuries Sustained in the Workplace

Private and government employers in the United States are mandated to provide for their employees a safe and healthy work environment to significantly reduce, if not totally eliminate, occurrences of accidents in the workplace. This mandate is issued by the Occupational Safety and Health Act (OSH Act), a federal law that was enacted by the US Congress in 1970. This Act requires the assurance of a safe and healthful working conditions for working men and women by;

In 1971, OSH Act gave birth to the Occupational Safety and Health Administration (OSHA), which is tasked to fully and strictly implement all the safety standards mandated by the Act, such as a workplace free from mechanical dangers, heat or cold stress, exposure to toxic chemicals, poisonous gases, radiation, unsanitary conditions, excessive level of noise, and other hazards.

Another mandate that the OSHA enforces is the Hazard Communication Standard or HCS. This federal mandate, which was passed into law in 1980 and which took effect in 1986, gives those exposed to hazardous chemicals in the workplace the right to be informed about any type of danger they may be exposed to and how they can protect themselves from these dangers. In addition, the HCS, otherwise called the Right-to-Know Law or the Worker Right-to-Know Legislation requires manufacturers and importers to attach Material Safety Data Sheets (MSDS) and warning labels on their hazardous products. Besides showing on the product label whether a chemical is poisonous or hazardous, there should also be information on the product’s potential effects to health, precautions for use, safe storage suggestions,emergency first aid instructions, and contact numbers (of manufacturers) for further information.

Since different types of work environment require a unique set of safety measures, employers should take full responsibility in implementing these necessary measures to prevent accidents from occurring. Risk assessment, provision of the necessary protective equipment, safety training, and installation of safety barriers are just few of the precautions that can be observed in work premises in anticipation of potential problems. Though OSHA maintains that accidents can be prevented, this can only be possible if owners of firms and their managers observe government safety standards, and the employees follow company safety rules.

Accidents due to violations of safety code and/or failure to provide adequate safety equipment can render employers fully liable for whatever injuries their employees may sustain. While, under normal circumstances, occupational injuries would not entitle one to pursue legal action and would instead be governed by workers’ compensation law, if the injury is the result of demonstrable, egregious negligence on the part of one’s employer, a civil lawsuit may be the appropriate response.

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Kentucky Leads the Way in Nursing Home Liability Costs

This is a race that Kentucky wishes it did not always win.

Kentucky has historically had problems with maintaining the level of care expected of nursing homes. According to the report put together by the Aon Global Risk Consulting for the American Health Care Association (AHCA) called “2014 Long Term Care: General Liability and Professional Liability Actuarial Analysis,” the costs of liability for private long term care facilities in Kentucky continue to rise.

This is not exclusive to Kentucky. Overall, the liability costs across the US are expected to rise by about 5% in 2015. The national average is expected to be $2,030 per resident. However, the projected costs for Kentucky nursing homes are a whopping $9,220, compared to Texas, which expects liability losses of $320 per resident for 2015.

According to the website of Sampson Law Firm personal injury lawyers, this has something to do with the fact that nursing homes in Kentucky are failing to provide the quality of care that is expected of them. Nursing home abuse and negligence happens frequently. Just recently, a serious outbreak of flu raced through Louisville’s nursing home facilities, a deadly development for the elderly who are especially vulnerable to such exposure. Medical professionals state it was the worst flu outbreak in a long time. Among the 26 early deaths in January 2015, 19 were over the age of 65.

The liability of nursing homes for abuse or simple neglect means significant costs for the operators under Kentucky law. There are no caps on economic and non-economic damages, and it does not have strict regulations regarding expert witnesses, or require pre-trial mediation.

However, even if the law is distinctly advantageous to plaintiffs, nursing home operators should have nothing to worry about if they give the residents under their care the proper and due care they are supposed to provide. There would be no reason or basis for filing a personal injury lawsuit.

If you suspect that a close family relative is a victim of nursing home neglect or abuse, do not hesitate to address the issue. Consult with a nursing home abuse lawyer in Louisville to find out how to go about getting compensation for what your elderly loved one has suffered.

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Personal Injury Made Easy With These Simple Tips

Personal injury cases may look easy, but they are actually quite complicated. This is even more true if you haven’t been through anything like this before. You have to have a lawyer help you out. This article is going to give you some advice that will help you if you wish to succeed with a personal injury case.

Get a detailed police report regarding an injury you receive, for future reference in court. Not only will the information gathered by the authorities be very credible, it can help prove that you were wrongfully injured and win your case. Failure to collect credible evidence means your claim may be viewed as hearsay, and that won’t win you anything!

You can get paid even if you suffer from a condition already. Be truthful with your lawyer about any injuries who suffered before the accident. Do not ask for a settlement that exceeds the impact of the personal injuries the other party can be held responsible for.

Call the police as soon as there has been an accident. This should be done even if the other party tries to convince you that it is not necessary. Getting law enforcement involved will help you a lot when it is time to prove that an accident has actually occurred.

Try considering only experienced attorneys that focus on personal injury law. Since this type of a law is a niche, it is important to find an attorney that concentrates on personal injury instead of one that is trying to be a jack-of-all trades. You also want someone with several years of experience in the niche, not one that has to study up on it for your case.

A lawsuit concerning personal injury can be a difficult one. Keep this information in mind to make it easier on yourself. You should use these tips and do more research on personal injuries before you start building your case.

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New Risk Associated with Low-T Therapy

The growing number of cases filed against Low-T (low testosterone) medication manufacturers has prompted the Food and Drug Administration (FDA) and scientists to conduct intensive studies on the health effects of Low-T medications on patients. These studies are far from conclusive, but there are indications that manufacturers of products such as Androgel may be in heap-big trouble.

Low levels of testosterone in men is a condition called hypoandrogenism, and manifests as lowered sexual function, diminished stamina, decreased vitality, and anemia. A blood test may be performed to establish the serum testosterone levels, and a reading between 230 and 350 ng/dL (nanograms per deciliter) indicates Low-T. It is normal for men to produce less testosterone as they age, but sometimes the condition is a symptom of an underlying health problem. Men that test normal for testosterone levels complaining of Low-T symptoms may still be prescribed Low-T medication at the physician’s discretion. But there are risks that these patients may not be aware of.

According to the website of low testosterone lawyers Williams Kherkher, low-T medication has become associated with double the risk of developing cardiac problems in men over the age of 65 and those with a history of cardiac disorders since the FDA released an announcement a review of the products early in 2014 to this effect. This is the trigger for the lawsuits mentioned above. However, other studies indicate that the risk of stroke may not be the only side effect of Low-T products.

A study published in the Journal of Alzheimer’s Disease indicates that Caucasian men with elevated oxidative stress levels prescribed with Low-T therapy may also be killing off brain cells that may increase their risks of developing dementia. The study does not show the same result in subjects of other races. So this is something else that patients (as well as Low-T medication manufacturers) will have to worry about.

If you believe you have developed a health condition from using Low-T medication, you may have an actionable case. Consult with a personal injury lawyer with a keen interest in Low-T litigation and present your case for assessment.

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Complications from the DePuy Hip Implant

People who have used the DePuy ASR are at risk of having hip replacement complications following a product recall last August 2010. This is after an initial lawsuit filed in July 2010 claiming that the hip replacement device was flawed in design, and that the DePuy Orthopedics, Inc. (manufacturers of the medical device) was aware of the possible complications that may arise but did not issue any warnings to their patients and/or surgeons. As a result, Johnson & Johnson, which DePuy Orthopedics is the device subsidiary, has agreed to pay a total of $4 billion as settlement for thousands of lawsuits filed against them.

Touted as the largest payout in liability claims when it comes to medical products, the settlement will benefit about 7,000 to 8,000 patients who have subsequent hip replacement surgery after being injured by the defective DePuy artificial all-metal hip. The product recall – and ensuing lawsuits – was made when 12 percent of the installed units failed within five years of surgery. It typically takes more than 15 years for artificial hips to require replacements due to weathering.

Based on reports, the all-metal composition of the DePuy hip unit creates debris every time it slides against the metal cup, causing tissue death in the surrounding joint which has, in some case, endangered the patient’s blood due to increased metal ions. The complication has contributed to crippling injuries for some patients. The settlement deal will only be given to patients who had the hip device removed after suffering from complications. Those who will experience complications with the DePuy artificial hip device, and would be forced to have corrective hip replacement surgery, can file for compensation in the future.

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Cruise Ship Injuries

Cruise ships have been receiving a lot of negative publicity lately, mainly because of the increase in lawsuits filed against them by their passengers. In the past years, there has been an increase of passengers claiming they have been injured or harmed during their vacation on a cruise ship. These injuries, whether they are minor or require serious treatment, can be consequential to which the victims are not ready to handle.

The latest news about cruise ship lawsuits is about a woman who went overboard during her Caribbean cruise last October 2012. The woman, Sam Kirby (31 years old), alleged that she was encouraged to drink more alcohol by a bartender, and that the cruise ship waited for an hour and a half before turning the boat around to save her after she was in the water for about two hours without a life vest. She also claims that rather than being airlifted to Miami to treat her serious injuries, she was only given painkillers by the cruise’s doctors. The victim is suing Carnival Cruises for negligence and intentional infliction of emotional distress, after experiencing the ordeal where she felt death was forthcoming from the dangers of shark attacks or drowning.

Despite the video evidence and witness testimonies, prosecuting cruise lines for personal injury can be a difficult and complicated process. It mainly helps that you should get a maritime lawyer, or a lawyer who is knowledgeable in these type of tort law because there are many existing laws that should be considered which are not part or present in other areas of the law. According to the website of the Ausband & Dumont Law Firm, because cruise ships go to other places outside the U.S., there are other laws that can affect the result of a personal injury claim after a cruise ship injury. This can be, in part, because of how the ship is in international waters, or because the laws in the country where the ship is ported are different.

There are many parties that can be involved in a cruise ship lawsuit, and as the Louis A. Vucci, PA, who have extensive experience in handling cruise ship claims and injuries point out on their website, these different parties can also be held liable for the injuries sustained. Getting professional legal help immediately is a must, since there are statutes of limitations regarding maritime laws and failing to follow proper procedures and rules could render the lawsuit invalid, resulting to zero compensation.

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