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Staying Safe at Work

Posted by on 6-06-17 in Injury, Workplace Hazards | 0 comments

It doesn’t matter where you work. Whether you are in a construction site, manufacturing plant, or in an office building, you are not entire safe of workplace accidents and injuries. For example, in construction sites, there is the danger of electrocution, equipment malfunctions, explosions and fires, and falling accidents. In office buildings, you can be at risk of defective appliances and office equipment, malfunctioning escalators and elevators, and even petty hazards like spilled drinks and air conditioner leaks.

It is even worse if the accident and injury have been caused by a negligent employer or supervisor. This can even be a legal issue. According to the website of The Benton Law Firm, those who have been injured, especially because of somebody else’s fault, may get compensation.

But of course, staying safe is much better than getting compensatory money from the pain and suffering you can sustain from an injury. Below are some of the things you can consider to stay safe in the workplace.

  • Be alert of potential hazards – Know the hazards of your workplace, such as those that have been mentioned earlier. Even though you have a lot in your mind, you should still be wary of these hazards to prevent unwanted injuries.
  • Follow safety rules and regulations – Employers enforce safety procedures and rules for a reason, so please follow them. Wear the proper protective gear if you work in hazardous workplaces, and always read instructions and warning signs.
  • Get help if needed – As much as possible, get assistance in doing tasks that you know you shouldn’t do alone. For example, if you think a pile of documents is too heavy for you, get the help of someone who is more physically able.
  • Take constant breaks – Taking a break is not a sign of laziness. If anything, it is a sign of competence, because breaks replenish both your body and mind.
  • Wear appropriate clothing – Wear clothing that is both appropriate for the job and comfortable for you. Not considering comfort can strain specific parts of your body, such as your neck, hips, and legs.

If you have been injured while on the job, workers’ compensation may be a viable option. It is like an insurance policy specifically designed to protect employees from financial hardships that can result from workplace accidents and injuries.

But as said earlier, staying safe in the workplace is still the best among the options.

Common Issues in Military Divorce

Posted by on 5-05-17 in Divorce | 0 comments

Common Issues in Military Divorce

Military divorce is a divorce process wherein one or both spouses are in the military. It is an important distinction from civilian divorce because there are different legal issues that may arise if a person from the military has been involved.

According to the website of the San Antonio military divorce attorneys of Higdon, Hardy & Zuflacht, there are special rules and requirements that make a military divorce a substantially different experience than a non-military one.
For example, military members have the right to finish their services before the divorce proceedings. This is to ensure that they are not distracted and can fully commit to their military duties. However, they can waive this right and start divorce proceedings as well. This right does not exist in non-military divorce.


Civilians can go to the courts of where they currently reside, but military members may be required to go to the courts of where they legally live or where they are stationed to, and this will depend on state laws.
This is an important difference because both the federal and state government can affect the legal issues of military divorces, including pension plans, division of assets and liabilities, and alimony.

Division of Benefits

Military pensions are just like civilian retirement plans, in a way that both are subject to being divided upon divorce. Depending on the state, military pensions can be considered a community property, wherein the ex-spouse may be eligible to receive a part of the pensions, or a sole property of the military member, wherein he or she may be able to keep the pensions on his own.

Spousal and Child Support

Military members are not exempted from spousal and child support upon divorce, but what counts as adequate support may vary from service-to-service. For example, the Naval Personnel Manual counts a third of gross pay as adequate support for a spouse without a child and a half of gross pay for a spouse with a minor child.

Fitness for Duty Examinations for New Employees

Posted by on 1-01-17 in Employment Rules | 0 comments

A fitness for duty examination is a test to know if a person is medically able to perform the job or return to the job. This exam is often taken by newly hired applicants and existing employees who have missed time from work because of injuries and the like.

Fit duty evaluation is a good way to filter the pile of applications in the employer’s desk. It separates those who are physically, emotionally, and psychologically able to perform the task from those who are not. This separation is necessary to reduce the number of on the job injuries, unwarranted worker compensation due to the injuries, reduction of productivity in the workplace, and employee turnovers. It ensures that your work force is efficient and free from risks.

But fitness for duty examinations can only be conducted if there is already a job offer to the applicant. One of the tests can be very physical. The scope of this kind of test is in relation to the physical demands of the job. The applicant may be required to perform or at least show that he is physically fit to execute the tasks involved in the job position. The tasks may involve lifting, pushing, and pulling heavy materials, knowing the proper sitting and standing positions to minimize risks in the job, and other physical representations of the position he is applying to.

The applicant may also be subject to a Mental Status Exam, Personality Test, and other kinds of examination that involve his emotional and psychological state. This is because these states are also important factors in getting the job done.

Even if the applicant has already passed these tests, he may still be subject to more medically inclined tests and bodily assessments like fat index, weight index, and other quantifiable data.

Is it fair to have fitness for duty examinations? Yes, because they help you avoid jobs that you are not medically able to do, preventing injuries and other possible damages. They also help potential employers because they minimize unnecessary injury compensations and employee turnovers.

Causes of Industrial Plant Explosions

Posted by on 10-10-16 in Workplace Hazards | 0 comments

The gases found in industrial plants are highly combustible and any explosion can result to serious injuries or even death. According to the website of Habush Habush & Rottier S.C. ®, explosion accidents can pose a serious threat to workers nearby. Plant explosions can cause different types of injuries ranging from burns which can permanently change the life of the individual. While almost every workplace is at risk for chemical explosions, the danger is greater in industrial plants.

There are many factors that can cause industrial plants to explode. In most instances, a simple fire that spread into the entire facility that caused the much larger explosions. Fires are believed to be as the most common cause of industrial explosions. Chemical facilities are a place where highly flammable products and gases abound which can easily set the facility on fire. Sometimes the negligent actions of those facilities can trigger a huge explosion and endanger the lives of the workers within the premises.

Other common causes of industrial plant explosions include well blowouts, poor labeling, unsafe procedures, and violation of OSHA safety regulations. Most industrial plant explosion accidents are preventable if only the employer and the employee will work hand in hand to prevent explosion accidents from happening in their facility.

Given the devastating nature of explosion accidents, it is important for industrial plants to put in place preventive and protective measures. Once in place, it is the job of the employer to see to it that the measures are strictly implemented. Employees, on the other hand, should also do their part in the implementation of the safety measures. They should be properly educated about these safety measures so that they can have some peace of mind that their employer is looking after their welfare.

Explosion accidents can mean thousands or even millions of dollars lost not only to properties but also people’s lives and income.

Airplane Accidents Due Either to Pilot Error or Air Traffic Controller Error

Posted by on 6-06-16 in Injury | 0 comments

Airplane Accidents Due Either to Pilot Error or  Air Traffic Controller Error

In 2014, the International Air Transport Association received reports of 38 million flights which transported about 3.3 billion people to different parts of the globe. From 2011 to 2013, yearly share of passengers from the U.S. were 734 million, 739 million and 744 million, respectively.

Though aviation accidents happen, their number have always been minimized, making transportation authorities, including those from the Aviation Safety Network, the U.S. Department of Transportation and the Federal Aviation Administration, agree that air travel is the safest and fastest means of transportation in the country and around the world.

There are different causes of aviation accidents; the two most recurring, however, are pilot error and air traffic controller error. Pilot error, which tops the list, includes oversights, mistakes in operation, and lapses in judgment. These usually result to:

– Navigational errors;
– A pilot causing a plane to head into a storm’s path;
– Failure to follow directions given by air traffic controllers, especially during takeoff or landing;
– Failure to regularly check or correctly read cockpit instruments;
– Failure to extend flaps during takeoff; and,
– Disconnecting of the autopilot intentionally or accidentally.

When comparing the number of mistakes committed in the cockpit and in the control tower, one would be overwhelmed to know that so many more mistakes are committed in the control tower. In 2012 alone, the Federal Aviation Administration (FAA) discovered 4,394 errors in the 132 million flights handled by air traffic controllers (ATCs); 41 of these errors were serious and could have had disastrous endings.

The main concern of air traffic controllers is to ensure safety in commercial and private aircraft operations by: coordinating their movements to make sure that they are safely distanced from one another; directing them during landing and takeoff; and, guiding them around bad weather. These tasks are definitely not as easy as they sound, especially during peak air travel times, when about 5,000 planes are in the sky every hour.

As stated by the law firm Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., pilots, manufacturers and airline companies are expected to do all that they can to ensure the safety of airplane passengers. If any of these parties fail to uphold their responsibilities, though, then results can be catastrophic. While nothing can undo the suffering that victims and their loved ones experience, taking legal action can go a long way towards helping them pursue the compensation they need to cover the costs of the accident and secure the much needed closure.


Posted by on 3-03-16 in Medical Malpractice | 0 comments

Amber Taylor, a former patient of Dr. Sean Orr, a team doctor for the National Football League’s Jacksonville Jaguars, was diagnosed by Orr as having multiple sclerosis, a condition that can destroy the central nervous system, intercept signals from the brain to the body, and in worst cases, cause paralysis.

Taylor said Orr put her on injections that were worth $5,000 per month called Copaxone, which left stinging welts all over her body and made her lose her breath, caused her throat to tighten, and burned her throat.

United States attorney for the Middle District of Florida, Lee Bentley, said Orr was a conman who “was able to convince patients who trusted him that they had [multiple sclerosis] and other debilitating neurological diseases and disorders”, with 65% misdiagnoses of MS and an error rate of 90% of other neurological disorders that Bentley deemed “was not simple error” but was the work of “a conman…he relied upon his charisma to close the deal”.

Bentley said “at this point the federal government cannot do anything else with respect to his license” other than banning him from Medicare and other government-mandate health programs.

Orr, however, defended his actions, saying he “sought to be proactive and use neurological innovations where they were safe and available” and that “not all physicians agreed with my treatment or methodologies”.

Jacksonville-based Baptist Health System, the hospital where Orr had been working at the time of the complaints, said it had conducted reviews into Orr’s records as soon as Orr’s peers started raising questions about his methodologies.

Orr is still battling different lawsuits from individual patients.

The website of Schuler, Halvorson, Weisser, Zoeller, & Overbeck, P.A. says that a lot of medical malpractice lawsuits are caused by misdiagnosis or delayed diagnosis of a disease, disorder, or injury.

The Different Kinds of Surgical Error: Possible Causes of Serious Complication, Permanent Disability or Untimely Death

Posted by on 10-10-15 in Injury | 0 comments

Medical malpractice, which usually is due to medical error, is a frightening reality in the United States. It can result to life-threatening conditions, prolonged illness, permanent disability or even death. But equally frightening as its effects is the fact that these mistakes are totally preventable, as these are mere results of negligence or carelessness by medical experts – a failure to provide the quality care that patients rightly deserve. In 2010 alone, a report made by the Office of Inspector General for Health and Human Services spoke of the death of about 180,000 Medicare patients – a much smaller figure compared to the figure printed in the Journal of Patient Safety, which ranged between 210,000 and 440,000.

One example of medical malpractice which continues to cause patients great harm is surgical error. Surgery is usually the last treatment opted for by doctors if all attempts to remedy patients’ health complaints, including medication, fail. Though a sensitive and risky procedure, patients still choose to trust their doctor and the surgical team, knowing that they have been trained and have the capability to perform whatever is necessary to make them better. Thus, any mistake that may result from the surgery may be considered a violation of this trust and a grave failure to comply with the standard quality care that patients deserve.

Surgical errors are serious medical mistakes. Based from a list from the Agency for Healthcare Research and Quality of the U.S. Department of Health and Human Services, these mistakes may be: wrong-site surgery; wrong-person surgery; incorrect surgical procedure; improper suturing; accidental puncture or laceration; foreign bodies left inside a patient’s body; removal of wrong organ; complications of anesthesia; post-operative hemorrhage or hematoma, physiologic and metabolic derangement, respiratory failure, or pulmonary embolism; wound dehiscence (a surgical complication wherein a wound ruptures along a surgical suture. This can be due to age, obesity, diabetes, poor knotting, or post-surgery trauma due to the wound); and, wrongful death due to complications from negligent surgery.

Though preventable, the number of surgical errors goes beyond 4,000 every year. This explains the thousands of lawsuits filed against doctors and hospitals each year by injured surgery patients. Many hospitals and/or insurance companies will try to settle with injured patients and discourage them from ever filing a legal complaint due to the complexities of the legal procedure, besides the high fees that they will have to pay.

Accepting a settlement under such circumstances, according to the law firm, is not advised as there are many issues that a knowledgeable attorney can identify and use to obtain the amount of compensation that meets patients’ needs, not that of an insurance company.

Zofran Side Effects

Posted by on 6-06-15 in Dangerous Medical Products | 0 comments

The drug Zofran, generically known as Ondansetron, is a widely used anti-nausea and vomiting medication. It is used in the treatment of various medical conditions, most commonly for the treatment of the vomiting induced by chemotherapy and other radioactive therapies. The drug has various side effects that patients must be aware of, ranging from mild to severe and rare to commonly experienced.

The most commonly experienced side effects of Zofran include confusion, a sensation of lightheadedness, vertigo, increased heart rate, fever, and a shortness of breath. These symptoms are not experienced by everyone who utilizes this drug but patients are likely to experience one or more of these symptoms.

Rare symptoms of Zofran include trouble urinating, discomfort of the chest, trouble breathing, trouble swallowing, changes in mood, cramping or muscle pain, lethargy, and numbness of extremities. While these are less commonly experienced by Zofran patients, users of this drug should be aware of these potential effects. Not all side effects of Zofran will require medical attention, yet some do. Patients should experience reduced side effects as their bodies become accustomed to the drug.

The side effects listed above are merely the symptoms associated with Zofran when it is used for its most common purposes. Zofran can have more long term, serious side effects when used for its less common purposes. Zofran has been prescribed off-label to treat certain uncomfortable pregnancy complications, such as severe morning sickness. According to the website of Williams Kherkher, the recent Zofran lawsuits have raised concerns that the drug can lead to birth defects if taken by women while pregnant. This potential side effect, while not directly experienced by the mothers – the direct Zofran patients, is still a severe side effect that doctors and patients should be wary of before prescribing this drug for this use.

Disabling Skin Disorders

Posted by on 3-03-15 in Disability, Injury | 0 comments

Skin disorders are a very common but often neglected type of injury in a workplace. Anyone can develop any type of skin-related disease or injury while working, and it is important for employees to understand that even though it might seem like a small matter, work-related skin diseases can qualify for a personal injury claim and even Social Security Disability benefits. According to the website of Greenfield, WI personal injury attorneys, skin diseases obtained from exposure to various factors during your employment can become a burden for the employee, and could cost employees a number of problems. It is therefore best to seek a lawyer for a personal injury claim to avoid getting into financial and further physical complications that can arise after being injured while in the workplace.

Depending on the skin disease, the effects of these work-related skin injuries can range from mild to severe, and could necessitate expensive medical treatments. Any type of injury to an employee could be very costly, as this often entail being away from work (and lose wages), physical therapy, possible complications, and even unemployment. Employers can also suffer from such issues with workers’ absence, training, recruitment, and compensation payments.

Often, the cause of skin diseases is exposure to chemicals, which could lead to dermatitis, contact urticaria (an allergic reaction to anything that can irritate the skin), leucoderma (white patches on the skin) and skin infection. Sometimes, even lnog exposure to the sun would result to skin cancer. Because these skin conditions are preventable and should be known by the employer as part of the risks of the job, they can still be held accountable if they have failed to provide safety measure such as gears and proper training to ensure the safety of their employees. Likewise, if the employer also lacked in safely keeping the dangerous chemicals, they can be tried for a personal injury suit.

According to the website of an Indiana Social Security lawyer at the Hankey Law Office, while compensation from personal injury can help in covering for damages, the effects of severe skin-related diseases may also qualify the employee to receive Social Security Disability benefits. Skin disorders such as chronic skin infections, severe dermatitis, and photosensitivity (among others) can be grounds for a SSD benefits. It is recommended to contact an attorney regarding options and procedures on filing for SSD benefits, to determine if a claim has a chance of being approved. Because it can take a long and complex process to get the SSD claim approved, it helps to have a lawyer represent you in court as your advocate in order to better your chances of collecting your disability payments. Your lawyer can greatly assist in making the whole process easier and more effective for you.

Court Reporting and Technology

Posted by on 3-03-15 in Court | 0 comments

Court reports are given very important tasks during court proceedings: they are the ones who will maintain court room records and provide transcripts of the court proceedings according to the strict standards required by the law. However, with the advent of technology, there seems to be a shift of the tide and nowadays the role of court reporters are being nudged aside by machines.

Courtrooms today appear to be relying more on machines during court proceedings rather than hire court reporters. Many courts have already started using digital audio recording instead of court reporters for a variety of reasons, one of them being that they offer convenience in “play backs” and costing less than court reporters. Reports also show that it makes it easier for lawyers to review the record, make a citation, or write a brief.

Court reporters today are also keeping up with the technological advances, and are also incorporating the use of several machines and software to provide better services. With today’s clients increasing requests, it is no wonder court reporting is already incorporating different media (such as videotapes, video conference, and many others) in order to bring services that play a critical role in the lengthy and complicated litigation cases. Although there is still a high demand for the traditionally certified court reporter, those who are adept with high-tech services are more favored and preferred. By using modern technology in providing better services, court reporters are able to give a range of services fitting to each special case. Those who advocate the use of modern technology to enhance court reporting advises a well-designed and unified system that permits the use of digital audio recordings combined with the expertise of court reporters, particularly when complex proceedings are expected. Although many judges are becoming more accustomed digital recordings, the presence of court reporters is still valuable and beneficial for the court proceedings.