Posts Tagged Personal Injury

Top 5 Most Bizarre Work Injuries

Dec 29th, 2009 Posted in insurance | no comment »

The risk of getting many injuries is high for all those people who are working in places such as construction sites, and factories. Although the workers themselves need to be careful, if they ever suffer from any injury, or damage, it becomes incumbent upon the administration to take proper steps to provide relief, and take the responsibility on their shoulders.

There have been instances in which the most peculiar type of injuries has struck workers. These always take place when the worker is not expecting it at all. As mentioned earlier, there have been many instances of this nature, and workers have had to go through a tough time to get out of it. Given below is a description of the five top most peculiar injuries that workers have experienced in workplace.

One way by which injury incurs is in the middle of two hefty objects. This occurs again when the worker is caught off guard, and is not expecting to be caught there. Very often, this occurs when either other workers are moving the hefty object through lifts, elevators, or through staircases that are narrow. The workers usually do the mistake of shifting the object without the knowledge that someone is working there, , as the other worker is not in their view.

Then, there is the case of being burned, which is highly common in minor forms of injuries. The heating equipment used in work place environments like laboratories, cafeterias, and factories increase the risk of its workers being burned from both minor, and major ways. This often is a result of some kind of accident where the worker accidentally knocks over something hot. This also happens when there is a large crowd at cafeterias. Since cafes often have hot beverages like coffee, and tea, there is a risk of workers being burned from them.

2. Being jammed in a cafeteria, and getting minor burns form hot plate/tea/coffee. Those workplaces, where the employees are exposed to heating equipment in laboratories, factories, or even cafeterias, often get minor or major burns because of accidentally knocking on the hot surface. This can happen to those as well who go to crowded cafeterias for refreshments. The last thing they want is to bathe in hot tea/coffee in their workplace cafe.

3. Banging into the sliding glass doors, while texting on cell phone. Mobile phones have been a major cause of accidents on roads, and in workplaces. People are so engrossed while texting their messages, that they get themselves, and others in trouble. Its common for people to bump into one another while texting on their cell phones, but in case they ram in the sliding glass doors of their workplace, then they can seriously harm themselves.

Finally, the case of losing balance and falling down is also something that is common amongst work injuries. These occur in construction sites where workers fall down from high floor levels.

For this, the companies often have to pay millions in compensation. However, no matter how much has been done to reduce its occurrence, it is still taking place in work.

Every workplace has unlimited examples of bizarre injuries. These are shocking and painful for the victims as well as for the management of the company.

Daniel Burg is a insurance consultant. To make guaranteed personal injury claim contact a specialist today and visit his recommended website for more information at http://www.firstpersonalinjury.co.uk/.

categories: personal injury,personal injury claim,personal injury claim,accident claims

Traffic Injury Victims In Texas Often Must Rely On A Houston Car Accident Lawyer

Nov 23rd, 2009 Posted in insurance | no comment »

Traffic accidents impact Texans more than any other personal injury event. Each year, as many as 3,400 Texans are killed in a traffic accident or auto collision, and many more thousands are injured, sometimes for life.

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If another driver’s negligence causes such a car, motorcycle, bus, auto, SUV, truck or’ wheeler accident, victims are entitled to just and full financial compensation for their medical expenses, their lost present and future salary, and their pain and suffering. Yet a legal right in itself doesn’t deliver results. Often that requires special help – legal help.

Though Texas drivers are required by law to carry car insurance, many do not, including an estimated 15 per cent of Houston drivers. Their car accident victims then must rely on their own insurance company for coverage, and that can be elusive.

Many insurance companies deny, delay or underpay on coverage that their clients purchased. Some offer a quick settlement far below what clients are owed and require them to sign a release not to pursue further compensation.

That’s why it’s vital that car accident victims alert an experienced Houston car accident lawyer who can assess the true value of a claim. For many thousands of Texans over decades, that’s meant engaging the Jim S. Adler … Associates law firm.

Based in Houston but with offices also in San Antonio, Channelview and Dallas, the veteran car accident law firm makes greedy insurance companies meet their obligations to customers, even if that means filing a car accident lawsuit.

But rarely do cases go to court. In fact, about 90 per cent are settled out of court. Those are among the results Texans get from the Houston car accident lawyers of Jim “the Texas Hammer” Adler, who continue to fight for Texans’ legal right to fair and full economic recovery for car accident injuries.

Jim S. Adler & Associates is an established Texas personal injury law firm with offices in Houston, Dallas, San Antonio and Channelview. The personal injury law firm offers a free case review and represents victims of auto, car, SUV, truck, motorcycle, bus and other traffic accidents, as well as defective drug and defective medical device victims.

If You’ve Been Injured In An Accident, Can YOu Settle Your Own Case?

Aug 27th, 2009 Posted in insurance | no comment »

The answer is yes most of the time but it depends on the type of case you have. If your case is a small dollar value case, then you can probably get by on your own without having to use a lawyer. However, knowing whether you have a small or big dollar case may be an issue you want to discuss with a lawyer.

Describing a case as small is not meant to diminish it since all cases are important to the people involved. However, our legal system is limited in what it can do for you. Since it can’t restore your health, all it can do is require the party at fault to pay you some money in return for your damages. So small means what you should be able to realistically expect to receive for your injuires.

Some items often used to determine if your case might be considered a small case include the following: (1) if your vehicle was only lightly damaged, like a bumper dent, (2) the medical treatment was for a soft tissue injury and was done in a relatively short time such as 2-3 months, (3) the medical bills were not more than $3,000 to $5,000, and (4) your injuries were not permanent.

Typical cases that might qualify as small cases are typically rear-end collisions where there is only damage to the rear bumper that is less than $1,000.00; where the injured person only saw a chiropractor and was diagnosed as having a soft tissue injury and recovered fairly quickly with no long-term permanent effects. These are the type of cases that people often settle for themselves.

If you have a small case, and your bills are more than $3,000 to $5,000, you will first want to finish your treatment and get released from your doctor. Frequently doctors, such as chiropractors, will tell you that you have reached maximum medical improvement, or MMI. At this point, they will release you from treatment and tell you to come back if you have any problems. Once you are released, you will want to collect the bills and records from all medical providers who have treated you for your injury. If you were initially transported by ambulance and were treated in the ER of the hospital, you will want to collect these records as well.

After you have collected your medical records, you should write a letter to the insurance company stating your your demand or request for settlement. In your letter, you should ask to be reimbursed for your medical bills (and future medical bills if applicable) as well as the pain and suffering you went through and/or expect to go through in the future. You can present your own offer or ask them to make you an offer. The insurance company will then contact you and give you their offer. In most cases, their offer will be less than what you were hoping for. You are always free to make a counter offer and to negotiate with them.

The insurance company could offer to settle your case for the cost of medical bills plus $500 to $1,000 for your pain and suffering. They might offer you more or less. But this is probably in the range of what you might see if you negotiate with them directly for this kind of small case. If you are negotiating a larger case, you should expect more than this. Some law firms offer a free service where they will review the offer from the insurance company, compare it against your records, and let you know whether the insurance company is making a fair offer or not.

Even when attorneys charge there their typical 1/3 contingency fee, it is usually better to use one in larger cases. A study that was done in 1999 by the Insurance Research Counsel, found that people who used a lawyer for their personal injury claim received on average 3 1/2 times more compensation than those persons who settled their own cases.

If your case is a larger case, you should ask the attorney whether they will insure that you receive at least as much as offered by the insurance company. Our practice is to insure our clients get at least as much as offered by the insurance company or we will cut our fee to make that happen. This means the client will end up with more money in their pocket than if they had done it alone. This is a good thing to ask the attorney you are thinking of using.

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Making A Head And Brain Injury Claim

Jul 25th, 2009 Posted in law | no comment »

Head and brain injuries affect a large amount of people every year, and the effects of the injury can be quite traumatising. Some suffer psychologically, and depending on the severity of the accident, this can be long lasting. The head and brain injury can impact your whole lifestyle. Many victims of this type of injury have had to make major adjustments to their way of living to accommodate their new needs. If you have suffered a brain or head injury in a road traffic accident, assault or fall, you may be able to make a claim for compensation. The symptoms of a head injury will vary depending on the severity of the case, however some common traits are:

Feelings of tiredness

Suffering from headaches

Feelings of nausea

It may be the case that the injury is more serious. The following signs would be:

Seizures

Heavy bleeding

Seizures

Experiencing confusion and disorientation

A head injury explained

A head injury can be defined as any trauma to the scalp, skull or brain and is either closed or penetrating. A closed head injury often occurs through impact with a blunt object, whereas a penetrating injury occurs when an object breaks through the skull.

The treatment of head injuries is a long and intensive process. Head and brain injuries are not easily repairable, and failure to act quickly to treat the injury can lead to long term complications. Therefore it is always advisable to get immediate medical attention following your accident, to prevent the injury from becoming worse.

Apart from having a physical impact, a head and brain injury can also impact the way you live your day to day life. You may find yourself becoming angry for no reason or feeling frustrated. This not only affects you but the loved ones around you. You may have not been able to return to work, and have trouble concentrating on driving.

How to make a head and brain injury claim

It is important for you to be able to provide evidence that your head and brain injury resulted because of the negligence of someone else. In making your claim it will have to be shown that the person owed you a duty of care and that this was breached. If you wish to seek help and advice because you have suffered a head and brain injury, our specialist solicitors should be able to assist you.

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Defective Product Claim

Jul 19th, 2009 Posted in law | no comment »

The Consumer Protection Act that was introduced in 1987 has now made it much easier for consumers to make a claim if they receive a defective product which results in their injury. Under this Act, if a product causes injury, the manufacturer is immediately responsible. This is due to the fact that everything we buy is subject to high regulatory standards in order to ensure quality of product, and upkeep safety. However, on many occasions these safety regulations are breached as consumers complain of an accident or injury occurring from using the product. The injury or illness could be the result of anything, varying from the packaging of the product, to a mishap in the ingredients of food. If you have suffered as a result from purchasing a defective product, you may be able to make a claim for compensation.

A product is usually described as being faulty when it fails to meet the safety standards a reasonable person would expect. These could range from hidden problems with the product, to inadequate safety warnings being provided, or the suitability of the product for which it was advertised.

There are many types of injuries that can be caused by using a defective product. Some of them can include the following:

using unsafe cosmetic products

using unsafe cosmetic products

defective equipment and appliances

defective pharmaceutical products

defective toys

The manufacturer responsible for the product can be held liable for various defects in the product. This could involve failure in the design of the product, the result of which made the product dangerous to use. On some occasions, the manufacturer fails to provide adequate product warnings to reflect the dangers and risks associated with using the product. Some manufacturers fail to respond to warnings about potential defects in their products, which makes them negligent.

Factors to consider before you make your claim

The first point to consider before you make your claim, is that it is important that you are able to provide proof that it was the defect in the product itself which resulted in your injury, and not your own mishap. These situations can become quite legally complex as it is easy to confuse a low-quality product with a defective product.

Secondly, if your claim is regarding instructions provided with a piece of equipment, it is important to note that you can only claim negligence if you can prove that you followed the instructions given in the manual and gained an injury as a result. In other words, you cannot blame the manufacturer for your injury if you did not follow the instructions provided in the manual.

Making a defective product claim can be a tricky process, as sometimes it is not easy to tell whether there was a genuine manufacturing mistake in the product. However, our solicitors will assess your case and help you in your claim for compensation, should a defect be found.

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Employer Responsibility for Employee Work Safety

Jul 19th, 2009 Posted in law | no comment »

People spend a large amount of time at work; therefore it is important that the working conditions are set to an appropriate standard. Despite this, industrial and work place accidents occur on a regular basis. The statistics indicate that, there are around 1.6 million injuries each year and 2.2 million cases of ill health caused or made worse by work. As this figure demonstrates, it is important that the employee has rights available to claim for damages against their employer if an accident or injury occurs.

As the employer is directly responsible for ensuring safe conditions at work for the employee, if for some reason the employer fails in this duty, then the employee will be able to claim damages against their employer. Some of the main responsibilities of the employer include:

Ensuring that the general premises are safe and secure for employee providing a safe working environment

Providing safe premises and appropriate materials and equipment

The Health and Safety at Work Act 1974 states that It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees. Therefore, the burden is on the employers to ensure non-hazardous and safe working environments for their employees.

The most common causes for accidents and injuries at work occur due to the negligence on the part of the employer in ensuring that their employees are handling safe working materials.

Regulations Impact of 1998

In reference to The Work Equipment Regulations 1998 Act work equipment is defined as meaning any machinery, appliance, apparatus, tool or installation for use at work (whether exclusively or not). Use in relation to work equipment means any activity involving work equipment and includes starting, stopping, programming, setting, transporting, repairing, modifying, maintaining, servicing and cleaning. The employer is personally responsible for ensuring that the necessary assessments are done to reduce the potential for accidents or injuries occurring at work.

The employer is responsible for ensuring that the equipment provided to the employee is fits should be suitable for its purpose, and appropriate steps should be taken to minimize any risks of any effect the machinery/equipment may have on the health of the employee. In order to minimize any potential risks, suitable assessments should be taken by the employer. The employer should check the following: In carrying out these assessments the employer should assess:

The general working environment

Any potential risks caused by the premises and;

A detailed analysis of the equipment

If any areas of concern are found as part of the assessment proceedings, as part of the assessment proceedings, the employees should have a right to be notified of any risks to their health and safety highlighted by the assessments.

Defence of Contributory negligence as a defence for employers

A common example of this is when the employee ignores the employers training on lifting heavy objects safely. The damages will have to reflect the employees share of the responsibility for the accident.Employers will be able to use the defence of contributory negligence if it can be demonstrated that the employee was at least partly responsible for their own injury. An instance of this is when the employee fails to heed the training of the employer on lifting heavy objects safely. The damages will be based on the employees share of the liability for the accident.

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