Woes of Suffering Permanent Partial Disability

Posted by on Feb 11, 2015 in Workers' Compensation | 0 comments

Everything you have ever worked towards and have ever dreamt of can be taken from you in the blink of an eye – everything can just vanish as easy as a leaf from a tree, like breath on a mirror. In just a moment, everything you knew to be normal can suddenly change – and this kind of situation is true for those who have suffered permanent partial disability.

Permanent partial disability, as defined on the website of Morris James LLP, means that you have suffered an illness or injury from the workplace that has given you permanent damage but you are still capable of work. This kind of damage often involves the loss of an organ or body part. In some states, such as that of Delaware, the losses sustained from these kinds of injuries can be classified into two different categories: scheduled and non-scheduled. Scheduled losses are the likes of fingers or eyes, whereas non-scheduled losses are ones involving the kidneys or the lungs.

Suffering injuries such are unquestionably traumatic, not just for the victim but for all the people dependent on the victim as well. They may have a spouse and kids that need for them to make a living in order to be financially stable. This will not be possible if they are rendered incapable of work. Permanent partial disability benefits legally ensure for compensation on the loss of income and financial compensation for any expenses that are a result of workplace accidents, as this is a subset of workers compensation regulations.

Injuries of this nature are incredibly difficult to treat and live with; dealing with the financial and legal repercussions of an event that caused this kind of injury are things that you need not have to worry about if you were to acquire legal representation. Expert help in this regard can take care of all the paperwork and legal procedures that can be confusing, tedious, and stressful. You have enough to deal with as it is, if you are in a situation that is like this.

The only thing that you need to worry about is your recovery and return to some kind of normalcy.

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Cocaine Possession

Posted by on Dec 9, 2014 in Criminal Law | 0 comments

Cocaine has been classified by the Controlled Substances Act (CSA) of the United States as a Schedule II drug due to its high possibility for abuse; it can be legally prescribed by doctors, however, but only for medical purposes.

The US is the world’s largest consumer of cocaine, which is a powerful and highly addictive stimulant. Certain workers and employees use this drug to increase functional activity, to stay productive despite extended hours of work. The younger generation calls it “party drug,” which keeps them awake throughout the party. To many others, the drug is otherwise called coke, dust, charlie, white dragon, foo-foo, toot, uptown, or snow.

Regardless of how it will be used, though, cocaine remains to be illegal and whoever will be caught manufacturing, selling, possessing, using or distributing it, will be met with very harsh punishments. The penalties and fines defined under the United States Code (USC) of Controlled Substances Act for mere possession of cocaine include:

  • First time offenders: up to 12 months imprisonment and a fine of, at least, a $1,000
  • Second time offenders : up to 24 months imprisonment and a fine of, at least, $2,500
  • Third time offenders: up to 36 months imprisonment and a fine of, at least, $5,000

A higher fine and a longer jail term will be given to distributors and sellers of cocaine, more so if any activity involving this drug will be marred by either injury or death.

One major reason why many are drawn to using this drug is the immediate sense of ecstasy that it provides, making the user more confident, alert and talkative. This usually gets replaced by depression, anxiety and irritability, however, as the effect of the drug begins to wear off.

Understanding cocaine, and its effects, better can definitely help individuals and families keep away from the negative consequences of its use. The information on this drug at http://www.flahertydefensefirm.com/ will surely help individuals know more about the drug which the government has declared prohibited in the US.

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Xarelto Side-effects can Affect Million of Individuals

Posted by on Sep 11, 2014 in Defective Pharmaceuticals, Personal Injury | 0 comments

Xarelto, a new generation anticoagulant drug, was approved by the US Food and Drug Administration (FDA) in July 2011. This blood thinner was approved for the use of those recovering from a hip replacement surgery or a knee surgery, as well as to prevent deep vein thrombosis (DVT), which is the formation of blood clots in the deep veins, mostly in the legs, pulmonary embolism (the formation of blood clot in the lungs) and to reduce risks of stroke and blood clot formation in patients suffering from atrial fibrillation, a condition called characterized by irregular heartbeats.

According to the FDA there are about 4 million individuals in the US needing anticoagulants or blood-thinning prescriptions every year. Due to the greater benefits that Xarelto provides (compared to Pradaxa, another anticoagulant drug that was approved by the FDA in 2010) and since it does not necessitate strict diet, exercise and regular visits to the doctor for blood tests (factors required by Warfarin, a anticoagulant drug introduced in 1954), it easily became the top blood-thinning drug in the US.

Like other blood thinners, however, Xarelto has also been reported as causing excessive bleeding, and at a worse level than Pradaxa, its competitor. And, equally worse is the fact that there is no available medication that can alter this condition, thus it can result to a patient’s death. In fact, in 2012, just after a year in the market, more than two thousand severe bleeding cases were already linked to Xarelto (and reported to the FDA). About 151 of these cases involved patient death. But uncontrolled bleeding is not the only severe side-effect caused by Xarelto. According to one non-profit (consumer watchdog) organization, the Institution for Safe Medication Practices (ISMP), cases of blood in urine and feces, nose bleeding, coughing up of blood, vomiting of blood, epidural or spinal hematomas which can cause permanent paralysis and heart-related problems (especially if use is discontinued) have all been related to Xarelto.

In different states, Xarelto lawsuits continue to be filed by patients, who have been injured by the drug or by families of patients, who have had fatal injuries. If you or anyone close to you has been prescribed with Xarelto and is now suffering from a severe health condition, it is best to contact the Xarelto lawsuit lawyers at the National Injury Law Center. Lawyers of their caliber would be the best representatives you will have in court.

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The Potential for Oil Field Injuries in Wyoming

Posted by on Apr 30, 2014 in Personal Injury, Workers' Compensation, Workplace Injury | 0 comments

Simply working around oil fields or natural gas mines already sounds dangerous enough, let alone actually being in the center of the whole thing. The potential for oil field injuries is a given, and considering that Wyoming is one of the leading sources of the stuff that fuels homes, businesses and transportation in the US, one can imagine what the numbers would be in insurance claims for this type of occupational injuries.

Workers in the oil and natural gas industries understand that the job carries risk, which is why they get such high wages. It is estimated that a high school graduate working in the oil fields of Wyoming earns more per annum than a college graduate working at a white collar job in other states. Most workers in the industry go into it for the money, saving up for college, marriage or to start fresh somewhere else. Unfortunately, quite a few of them never get to reap what they sow.

The accident rate for oil and natural gas industry workers in Wyoming is purported to be the highest in the country, accounting for at least 20% of all occupational fatalities in the state not including non-fatal accidents. A report by a safety task force consultant stated that oil, natural gas and mining work sites where accidents have been reported have few or no safety regulations in place. In most cases, these accidents are covered under the state’s workers’ compensation insurance, but there are times when the claim is denied or the amount paid is not commensurate to the loss or the costs associated with the injury sustained.

If an insurance claim for oil field injuries or for other work-related injuries is unjustly delayed or denied, it is often difficult to appeal or dispute it without expert assistance. An insurance lawyer would have the necessary knowledge and experience to be of immense help in making a claim stick. Consult with one in the area to have a fighting chance of getting just compensation for occupational injuries.

This is because insurance lawyers are aware of the tactics insurance companies employ in order to avoid making fair payments to their customers. For example, oftentimes insurance companies offer a lowball settlement in hopes that claimants will accept substantially less money than they should receive. A Wyoming insurance lawyer could help individuals in the area understand how much to expect from an insurance company and fight for more money in the event that the insurer tries to offer less than is deserved, which more often than not, will be the case.

If you believe your insurance company is acting in bad faith, you should contact an experienced insurance attorney as soon as possible. They will be able to guide you through your case in order to get the best results possible. The insurance world can be complicated, so make sure you get a legal professional to help you today.

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Electronic Cigarette: Still a Bad Alternative to Tobacco Cigarette?

Posted by on Apr 2, 2014 in Smoking | 0 comments

Smoking-related health problems are among the leading causes of deaths in the US today, so says the Centers for Disease Control and Prevention. Yet, long before this, doctors have always advised patients to quit smoking due to the bad effects it has on their health and the worse effects it has on those who get to inhale second-hand smoke.

The introduction of the electronic cigarette, also called e-cigarette, e-cig, electronic nicotine delivery system (ENDS) or personal vaporizer (PV), would have been very timely as it seems to be the most sensible alternative to tobacco cigarette. But with the many things that still need to be known regarding its real effects, medical experts and government officials, as well as individuals in each same field, still have conflicting statements about the matter.

Both the American Association of Public Health Physicians (AAPHP) and the British Medical Association (BMA) see the possibility for smoking cessation and the fewer toxic effects to be the major benefits provided by e-cig. The World Health Organization (WHO), though, expressed that there is real no proof yet regarding the truthfulness of such possibility. Thus, it strongly advises the public that only after a trustworthy national regulatory organization has studied and proven its safeness should they consider using e-cig.

This battery-powered electronic cigarette is a tobacco smoking simulator. It contains an atomizer, a heating element that vaporizes a fluid-flavored solution, which may or may not contain nicotine. Due to the claimed harmless effects of its smoke, those who use it even do so in areas where smoking tobacco cigarette is strictly prohibited.

Even the Centers for Disease Control and Prevention’s Office on Smoking and Health believes that use of e-cigs causes less harm compared to smoking conventional cigarettes, yet due to the lack of government control on matters, such as its manufacturing process, the purity of ingredients used and so forth, it has to issue warnings rather than recommendations for its use; a very reasonable decision for the sake of public health.

As there are still no federal directives on electronic cigarettes, states and cities have decided to formulate their own. One common law in a number of states is the prohibition of the sale of the device to minors.

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Understanding Car Insurance Premiums

Posted by on Dec 11, 2013 in Car Insurance | 0 comments

Almost everyone in the United States has a car; it is one of the many necessities of life. Vehicles can be a convenience, but they also come with a price: possessing a vehicle often requires insurance. Car insurance is an agreement between you and an insurance company where you pay a certain amount of premium, and in case of an accident, the insurance company will pay for covered losses, typically repairs to the car.

As reported by the National Association of Insurance Commissioners in its January 2013 report, there has been a decrease in the insurance payments for auto insurance. This is regardless of who is paying the insurance. Recent studies have shown that car insurance rates differ: on average, men pay more for car insurance than women. Theses differences tend to be due to factors such as age, gender, and risk. As women have a higher chance of going to their doctors during their lifetime, men tend to have higher chances of getting into a car accident.

The people who have the highest insurance rates tend to be those who are in the 16-25 years old age bracket, but these premiums tend to lower as the drivers age and hike up again as they reach “senior citizen” status. The danger of young adults susceptible to DUI and reckless driving and older seniors with physical and mental limitations are the main reason why these brackets have higher premiums.

Attempting to lower your premium rates can be tricky, but not impossible. There are a couple of ways you can lower your car insurance premiums. One thing is to keep up with the speed limit – speeding tickets often cause premiums to rise, and even multiple speeding tickets can cancel your insurance coverage. Second, it would be best to avoid drinking and driving, since this can completely prove your negligence or recklessness behind the wheel. Drunk driving or driving under the influence is one of the leading causes of accidents and could cause serious injuries to other motorists and pedestrians. Another thing you can do is to use discounts offered by insurance companies. Maintaining a clean driving record is necessary for you to be able to qualify for many of these discounts.

It is advisable to keep an eye on your insurance coverage, or more importantly, to understand how it helps you. Know whether keeping your coverage really benefits you or costs you too much after an accident. Make sure to pay your car insurance on time, as skipping payments could signal a red flag to your insurance company.

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Debt Division in a Texas Divorce

Posted by on Nov 13, 2013 in Divorce Law | 0 comments

When the words “for richer and for poorer” were intoned during a traditional wedding ceremony, the newly married couple was probably not thinking in terms of property division. But that phrase actually encapsulates the essence of property division in a Texas divorce.

When a couple gets married in Texas, income, properties and other assets that are acquired during the marriage until divorce is finalized is considered community property, and is usually divided equally between the spouses. This does not include anything that was acquired by either spouse prior to the marriage or which was given as a gift.

But with the sweet comes the bitter. All debts and liabilities that the spouses acquire together are also equally divided based on the Texas Family Code. According to law firm BB Law Group PLLC, debts incurred by one spouse prior to the marriage may be shared by the other, but does not mean that they both legally share responsibility for it. But for debts acquired in the marriage such as a home mortgage, the spouses are equally responsible for payment, and the consequences of defaulting.

Texas courts certainly have the authority to mandate debt division as it deems right and just. A couple filing for divorce, however, are encouraged to come to a mutually agreeable divorce settlement in mediation or a collaborative divorce. This is to avoid the lengthy and often contentious process of litigation as much as possible. In most cases, couples will come to a division of debt based on the assets that they want to keep i.e. mortgage on a car, based on the originator of the debt i.e. credit card purchases, or based on capacity to pay. If no agreement is forthcoming, the courts will mandate that each spouse is responsible for half of outstanding debts.

Debt division can be just as complicated as property division if the parties involved will not compromise. A divorce lawyer conversant with Texas and county laws should be retained to protect the rights of the client when it comes to debt division.

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Importance of Car Insurance

Posted by on Oct 29, 2013 in Car Insurance | 1 comment

Being involved in one car accident can wreak havoc to your life if your vehicle is not insured. Aside from the expenses that are needed to pay for the injuries, damages and auto repair can also be costly. Having car insurance can protect you from many problems that can come up when an accident happens.

Not all states require their citizens to purchase auto insurance, although it would be beneficial to have. Having your own vehicle can make auto insurance an absolute necessity. Knowing a lot about how auto insurance works and how it can protect you and your vehicle is key in getting the right type of insurance policy. Whatever your choice will be, it should be able to protect you and suit your personal needs as well as requirements.

There are a number of auto insurance policies that are available, although it would be best to know the state laws which govern these policies to make sure you are complying with them. There are states where auto insurance is mandatory, while there are others where drivers only have to pay a certain fee. Nevertheless, having auto insurance, even paying the minimum coverage, is more advantageous.

There are a number of options to choose from when it comes to auto insurance. One common choice is auto insurance liability, a mandatory policy in most US states where it is the one that covers for the damages done to the car (whether from accidents or natural calamities) or in legal responsibilities during a lawsuit. Another type is the comprehensive insurance which provides deductible payments in case the vehicle gets stolen, vandalized or damaged because of natural disasters. Collision coverage, on the other hand, covers for the whole amount of damages after an accident (even if the fault is yours). There is also underinsured or uninsured coverage where you get covered for damages from an uninsured or underinsured driver, although this policy is often hard to find.

In order to get the best type of auto insurance policy, it would be best to talk with a qualified insurance agent. They can further explain the details and necessary coverage that would best suit your needs.

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The Value of Pre-Employment Testing

Posted by on Oct 21, 2013 in Pre-Employment Testing | 0 comments

Most employers see no benefit in availing of third-party pre-employment screening services. As long as an applicant has the skills needed to perform a certain job and are amenable to the conditions set forth in the employment contract, they can be hired. What most employers are not aware of is that pre-employment testing can reduce costs in many ways.

According to the WorkSTEPS website, post-offer pre-employment screening can reveal many injury-related facts about a potential employee that may not be immediately apparent during the hiring process. An employee who is unable to perform work tasks consistently because of a health condition i.e. inner ear condition that affects the balance in a factory setting can represent considerable costs for the employer. This includes days-lost, higher workers’ compensation insurance premiums, low productivity, and attrition. It is estimated that using pre-employment screening reduces employee-related costs by as much as 50%.

When a potential employee undergoes pre-employment testing, the employer is provided with the data that will enable a good match between the worker and the tasks to be performed. It will also reveal potential problems that can be prevented from escalating into injury by employing pre-emptive measures i.e. requiring the employee with an inner ear problem to see an ear, nose, throat (ENT) physician for treatment. The data will moreover provide a basis for promoting a safer work environment i.e. first aid training which will in turn increase morale and productivity.

Aside from preventing injuries, pre-employment screening provides a benchmark on the physical condition of the employee, which can later be used to determine eligibility for workers’ compensation claims. This can have a significant impact on the number and size of claims made which in turn can affect insurance premiums, and also discourages fraudulent and frivolous claims. The expenses associated with pre-employment screening services will be eminently justifiable in the long run.

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Groups that Suffered Losses from the BP Oil Spill

Posted by on Oct 20, 2013 in Oil Spill Claims | 0 comments

It is almost incredible to think about the far-reaching consequences of the Deepwater Horizon oil rig disaster which happened more than three years ago. On April 20, 2010, an oil rig owned by BP Inc. in the Gulf of Mexico exploded and upchucked more than 4 million barrels of oil into the sea.

The groups that suffered loss from the BP oil spill continue to expand outside those directly affected such as fishermen and the tourism industry. They range from banks to car dealerships, victims of the domino effect of failing communities that depended heavily on the waters of the Gulf of Mexico for their livelihood.

According to the website of Williams Kherkher, even nonprofit organizations involved in wildlife preservation, history, disease research and education have posted revenue losses because of the disruption in the economic cycle.

It stands to reason that when your livelihood is in dire straits, the last thing you can do is put money in the bank or buy a new car. The business income losses suffered by collateral industries in the area have thus added to the number of claimants on the funds set up by BP as well as the Settlement Agreement. And because the claims have become so diverse, BP had tightened the belt on the claims process, choking off compensation for legitimate cases as it demands an investigation on allegations of fraud in the system they themselves put up.

Many consider this a delaying tactic on the part of BP, which means disaster for many groups that suffered loss from the BP oil spill and are unable to make a comeback without financial assistance. Many businesses have closed down or downsized, increasing the number of people who are unemployed in the area. With the economic crisis still in effect elsewhere in the US, the prospects for making a fresh start are indeed grim for the people from the affected areas.

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