Employers are legally obligated to ensure the safety of their workplace, whether that workplace is inherently dangerous, like construction sites, or not, like offices. But workplace accidents do happen. Employees can sustain an injury or acquire a terrible illness, making them less efficient, and worse, they may even lose time at work.
Workers’ compensation exists so these employees can get financial help. According to the website of Scudder & Hedrick, PLLC, filing for a workers’ compensation claim can be a long process. But this may be necessary so employees can get their employers to pay their hospital bills, lost wages after missing time at work, and rehabilitation.
This may look like extra costs for employers, but it cannot be denied that having a workers’ compensation policy is very important. It is required by law, but different jurisdictions have different guidelines about the insurance. There may be jurisdictions that require businesses to have at least three or four employees to be eligible for workers’ compensation, and there may be jurisdictions that require only one.
Looking at it in the most direct way make you realize that it is extra cost, but when you consider it deeper, the extra cost is worth it. Having a good workers’ compensation can attract competitive employees, and better, these employees may even stay with you for a long time. Workers’ compensation can be attractive to workers in dangerous environments, such as factories.
The insurance plan can cost more if your business is more prone to accidents, so it is understandable that you still have your doubts. But this also means that you are more willing to enforce a more effective safety program to avoid accidents, injuries, and workers’ compensation claims. It can even trigger a ripple effect and reduce the cost of your premiums. You make your workplace safer and you pay less to your insurance. It’s a win-win situation.
Putting your employees on workers’ compensation also defends you from greater financial costs. If your employee does not have workers’ compensation, he may sue your company, especially if the accident that has caused the injury or illness is negligence on your side. Employees who have workers’ compensation waive their right to sue you, protecting you from the hassles of courts and high settlements.
Cerebral palsy refers to disorders that affect the brain, which particularly results into partial or complete paralysis of muscles. It affects brain and body coordination and generally has three types: ataxic cerebral palsy, athetoid cerebral palsy, and spastic cerebral palsy.
The medical condition can happen because of a variety of reasons, like medical malpractice. According to the website mazininjurylawyers.com, cerebral palsy can be a birth injury that could have been preventable. So if your child has sustained a cerebral palsy and you have a reasonable ground to suspect that it is because of a medical malpractice, you might be looking at a personal injury lawsuit in the making.
Ataxic cerebral palsy is a kind of cerebral palsy that affects coordination and balance. It is caused by damage to the motor control center of the child’s brain. The child may experience problems in walking, holding objects, speaking, and moving their eyes.
This is a kind of cerebral palsy that is often characterized by involuntary movements and abnormal muscle tone. Symptoms of athetoid cerebral palsy include abrupt movements, drooling, poor posture, slurred speech, and twisting or writhing movements.
This is the most common kind of cerebral palsy. It is characterized by stiff and jerky movements, as a result of damages in bundles of neurons in the brain. It may affect arms, legs, and even one full side of the body. One of its worst forms, the spastic quadriplegia, affects all four limbs, the torso, and the face.
Cerebral palsy as a birth injury often occurs because of the lack of oxygen in the brain or in the body, if the baby has been pulled out too forcefully by medical instruments like forceps, or if the baby has experienced too much pressure in the brain during the delivery process.
There are different types of injuries that those who figure in car accidents may sustain: lacerations, bone fracture, paralysis, brain damage, spinal cord injury, other forms of life-altering physical trauma, and wrongful death are among these. However, according to the American Chiropractic Association (ACA), whiplash, which numbers to about 120,000 annually, may be the most common type of injury sustained by car accident victims. Whiplash is actually a sudden, violent blow that causes the head to jolt to one direction (and then back), damaging neck ligaments, muscles, tendons and other soft tissues, in the process. It may occur as a result of a fall, an assault or a sports injury; its most common cause, though, is vehicular accident, such as when a car is hit from behind (rear-ended) or at the side.
A whiplash is not an easily preventable injury; it is not immediately obvious too until after some hours, or even a day, following the accident. A person who has sustained this injury will experience muscle spasms, headaches and pain in the arms or shoulder. It can also cause back pain, swelling, nausea, lethargy or lack of energy, dizziness or sense of pins and needles in the arms.
As motor vehicle accidents are usually due to drunk-driving, over speeding, driving too slow or reckless driving, it simply means that any road accident can easily be prevented, if only drivers would choose to observe road traffic rules and refrain from being distracted while behind the wheel.
Road courtesy and responsibility are two virtues that many drivers obviously lack, especially young drivers who, according to the National Highway Traffic Safety Administration, are the ones most prone to vehicular accidents. Many young drivers, despite having been informed of the necessity of behaving properly on the road, by observing traffic safety rules and yielding to others on the road when necessary, still end up guilty of driving while intoxicated, driving beyond the maximum speed limit or texting while driving. Much to their regret when an accident occurs, but whatever injury their irresponsible act results to, it is something that can no longer be undone.
As explained in the website of Pohl & Berk, LLP, whiplash injuries are often accompanied by numerous expenses, which include: emergency transport; hospital visits; x-rays / ct-scans; pain medication costs; and, physical therapy. To all these, an at-fault driver can be held legally liable.
Getting involved in a shoulder replacement lawsuit can be stressful for both the parties involved. It will not only take more of their time but will also prove costly. For this reason, the defendant may want to settle the case outside of court. According to the website of Williams Kherkher, correcting the damage caused by a poorly designed shoulder replacement device entails huge expenses on the part of the patient.
When the parties involved in a shoulder replacement lawsuit agree to a settlement, there are various factors that the court will look at in awarding an amount to the plaintiff. Any dollar amount will depend on the unique factors of each case. One of the factors that the court will look at is the type of shoulder injury. Depending on the degree of severity, the value of the settlement amount will depend on the location such as in the tendons, muscles, or ligaments. There are two medical categories that will affect the dollar value of the case. The first one is instability which brings pain when raising the arm or a feeling of the shoulder slipping out of place.
The second medical category is impingement which is caused by repetitive overhead arm movements. The case will also depend on how each party value the case if ever the case goes to trial. The court will also look at how each party might be willing to agree upon in order to settle the case prior to trial. Coming up with an accurate settlement amount may also prove to be difficult. Damages such as medical bills and lost wages are easier to value because they are concrete. In the case of pain and suffering, predicting the value is best at an educated guess which could be based on similar shoulder injury cases in the past. The effect of the injury on the plaintiff is also key to determining the settlement amount.
Patients diagnosed with diseases that cause severe joint pain and damage lead lives heavily impacted by their condition. Any type of severe joint dysfunction can cause extreme pain and very limited mobility. This is why, in such cases, many doctors encourage their patients to undergo joint replacement surgery. By replacing the damaged joint with an artificial implant, a patient suffering from joint dysfunction is expected to recover proper range of movement after a short period of recovery.
Unfortunately, joint replacement surgeries aren’t always foolproof. While all surgical procedure involves some amount of risk, joint replacement surgeries can become especially dangerous due to use of implants that are later found to be defective. Implants manufactured by top pharmaceutical companies have been found to cause serious side-effects like metal toxicity, as well as additional bone and tissue damage. A defective implant can also easily become dislodged or dislocated, and having such errors fixed requires a patient to undergo another risky surgery.
Patients that have suffered damaged due to defective joint implants have the option to pursue legal action against the manufacturers of the pharmaceutical product in question. In fact, just a year ago, several plaintiffs have been awarded with multi-million verdicts in individual cases filed in several different states. If you have suffered from the severe side-effects caused by defective joint implants, you might have the option to contribute to these class action suits and get the justice you deserve.
If you believe that your joint dysfunction has gotten significantly worse after undergoing a joint replacement surgery, visit your physician to get a confirmation of the damage and receive treatment right away. After you’ve recovered, you might then want to pursue legal action against the pharmaceutical company responsible for the defective implant used during your surgery. Consult with a shoulder replacement lawyer to learn more about your available options.