Finding a Better Way to Avoid Workers’ Compensation

The traditional ways businesses have tried to avoid the expenses of workers’ compensation is perhaps the most brutal imaginable: they would contest the cases, even when it was obvious the employee was fully entitled to compensation. This would lead to some individuals who had already been injured either fighting for compensation in the most difficult moments of their lives, or else not getting the compensation they were legally entitled to.

There’s a far better way to go about this, and it’s amazing it’s taken this long to figure it out. The answer to avoiding serious financial difficulties through workers’ compensation issues is by hiring those most capable of the job upfront. Perhaps this was always obvious, but until recently, it was very difficult to be sure a business was getting the person best physically able to handle the work. The tests just weren’t available, or they were prohibitively expensive.

However, recently, some businesses have cropped up that specialize in providing these tests, making it possible to reduce the risk of a workers’ compensation claim dramatically. Take WorkSTEPS. Their New Hires tests allow business to be sure the new employee has the agility, the strength, the cardiovascular health, and other important qualities to handle the job required of them.

Instead of taking someone’s word that their health is good enough (which, considering they are looking for a job, they are almost certain to say regardless), a business looking to fill a position with serious physical work can be far more confident they are getting someone who can dependably handle what is required of them.

This, of course, could be stretched too far. Not every job is so physical and requires these kinds of tests. Many jobs aren’t filled by the most physically fit but by the most qualified, the most experienced, or the most creative applicant.

At the same time, many workers’ compensation claims are unavoidable. Even someone with good heart health today may end up having a heart attack in a year’s time, given certain unpredictable issues. Other compensation claims come from mistakes made by individuals in perfectly good health, but simply too tired or too disinterested to make sure an object is secured, a machine is properly functioning, or the spills on the floor have been cleared up.

In other words, businesses will still have some workers’ compensation claims, no matter what tests they run, but the tests WorkSTEPS and others offer will allow businesses to cut out the most avoidable claims, allowing them to more easily shoulder any financial costs associated with the unavoidable claims. This, in turn, makes it less likely businesses will fight legitimate claims, allowing employees to get the compensation they need quickly.

It is no stretch to say this is a game-changing development for businesses and employees. It can save money for businesses and get better assistance to those employees who need it faster. Everyone wins when pre-hiring tests become the norm.

Do I Deserve Compensation for the Damage to my Home?

Hurricane Harvey was a devastating storm that nearly destroyed all of the neighborhoods that are situated upstream and downstream of the Addicks and Barker Reservoirs.  The U.S. Army Corps emptied countless gallons of water, which had built up in these reservoirs into the downstream neighborhoods.  If that was not bad enough, in order to try and protect themselves from looking like they favor one side of the stream to the other, the United States Army Corps of Engineers decided to also flood the area upstream from the reservoirs.  Those reservoirs were designed to be so big and so much water that everyone believed that it would be impossible for the water to overflow.  However, none of took into account kind and generous Uncle Sam doing it on purpose.

I have lived in Houston since 1990.  I moved there for my job, which I later quit after I had a family.  Our home has now been completely destroyed, along with the vast majority of our earthly possessions.

Whenever I start to get discouraged about all that my family and I have lost, I force myself to remember three key things.  Firstly, all that matters is that we, as a family, are together, even my son’s smelly hamster.  Secondly, all of our stuff can be replaced.  Afterall, as my mother always taught me, “the fun does not come as much from having the stuff as from buying the stuff.”

Lastly, because our home and all of its contents, would not have been lost if it were not for the Army Corps of Engineers releasing that water, the government should pay for all of the damages that occurred as a result of emptying the reservoirs.  It’s as simple as—even though I hate cliches—“if you break, you buy it.”  That’s what happened when I broke Grandma’s favorite coffee mug at age six, and that’s exactly what’s going to happen this time.

As much I might be able to try somewhat to understand one elected official wanting to dismantle ObamaCare, even when I believe in national healthcare, the government should pay to replace our house, and all of its contents, because them releasing all that water was just negligent.  Someone could have died.

I heard a neighbor talking about how the government did what they did for “the greater good,” which is another moronic cliche because doing something for the greater good always implies that someone else is left holding the bag.

It is wrong, and it is downright disrespectful.

When, not if, the government pays us at fair market value for our house and belongings, we will have to move because, since the government flooded us once, they are just as likely to do it again.  It’s that whole “fool me once, fool me twice,” which is actually a useful cliche.

According to these attorneys in Houston, I could file a lawsuit against the officials responsible for the damage done to my property.

Product Liability Law, Upholding and Protecting the Rights of America’s Buying Public

Manufacturers have the following legal duties:

  • Make sure that their products are safe and will not cause harm;
  • Include on their products’ labels all vital instructions or warnings that consumers need to know; and,
  • Indicate clearly and accurately on product labels all of the product’s ingredients.

False claims regarding what a product can do is a deception, an act that can result to a lawsuit, especially if, besides not giving the results it claims to give, it ends up causing harm to users.

Product liability is that area of the law that holds manufacturers, distributors, suppliers, retailers, and all those who are part of the distribution chain liable for the harm caused by defective and injurious products.

Through the product liability law, the rights of America’s buying public are upheld and protected; it is also aimed at ending the thousands of injuries that dangerous and defective products cause American consumers every year. This task, of making sure that consumers get exactly what they pay for and not end up taking home a defective or dangerous product, is assigned to the U.S. Bureau of Consumer Protection of the Federal Trade Commission.

A product defect includes failure to fulfill claims or promises made about a particular product or service. One example is a universal remote control that is claimed to be able to control all electronic equipment in your home, but ends up controlling only your TV.

Thousands of tort suits or product liability claims due to injuries caused by defective products are filed against product manufacturers every year. Unfortunately, despite all the laws that require compliance with federal quality standards, so many defective or poorly made products still escape the watchful eyes of authorities, get displayed in stores and sold to millions of unsuspecting American consumers who trust that what they purchase are safe and without defects. This is not the case, however, as can be proven by the injuries and deaths that have already been reported, traced, proven and documented by the United States Consumer Products Safety Commission (CPSC). Some of these reported cases include:

  • Close to 30,000 electric blankets which, when folded or bunched, have the tendency to overheat and burn the user;
  • Dell’s 200,000 laptop batteries, which showed risks of overheating and causing fire;
  • 220,500 harmful children’s toys; and,
  • The Ortho Evra® birth control patch that can cause death after causing the development of blood clots in the user;

According to Ontario personal injury lawyers of Mazin & Associates, PC, “Defective products are generally borne out of negligence or a careless party failing to exercise the reasonable standard of care when handling the product. In serious cases, faulty products may cause serious injury or disability to anyone who uses them.

There are a variety of factors to take into consideration when addressing product liability. The existence of a faulty product is not enough to warrant litigation. It must also be proven that a particular product defect caused your injuries. Product defect can be attributed to a range of areas, including:

  • Defective household products
  • Toxic food products and containers
  • Dangerous childcare products and toys
  • Dangerous drugs
  • Defective vehicles
  • Manufacturing defects
  • Design defects

To make a claim against a defective product, you additionally must prove that you were not mishandling or misusing the product in a way that would cause injury or negative side effects. Thus, if it can be proven that a defective product has caused injury to you or a member of your family, the decision is yours to hold the responsible parties accountable.

Broken Bones and Personal Injury

Broken bones may seem like a necessary part of growing up. You fall out of a tree or off your bike and spend the next six months in a hot pink cast signed by all your friends. In this sense, broken bones may seem harmless or minor, but bone fractures can often be a serious injury, depending not only on their severity and location, but on the patient’s ability to obtain appropriate medical help for the injury. Fractures are often characterized by limited mobility, complete or partial inability to move a limb, intense pain, and even protruding bones in severe cases, making appropriate medical help all the more important, but all the more expensive.

Unsurprisingly, the worse the fracture, the more expensive the medical bill. However, if the injury occurred as the result of negligence or recklessness on the part of a different person or company, the case may fall under personal injury law and the other party may be responsible for medical payment, easing the burden on the victim. According to Russo, Russo, & Slania, P.C., there are a number of protections provided to every citizen under tort law, making the scope of personal injury cases larger than most people realize, even encompassing cases with broken bones.

Given this large scope, many people do not realize their fracture may be covered under personal injury laws. Dangerous working conditions, slip and falls, and even some motor vehicle accidents could be covered, making it paramount for victims to explore various legal avenues if they believe their injury did not occur as a result of their own conduct. If you are unsure if your case is covered under personal injury law, contact a lawyer and look at all your options. Serious fractures can be a painful burden, but the associated medical bills don’t have to be.

Holding Nursing Homes Liable For Bed Sores

The number of bed sores related lawsuits has increased over the years. This is a proof of the poor care that nursing homes are providing to its residents or patients. The truth of the matter is that studies have revealed that residents of nursing homes are more likely to develop bed sores today than ten years ago. When left untreated, severe injuries, infection, or deaths may occur. This will entitle the families and relatives of the patient to file a lawsuit against the facility.

In the first place, bed sores will never occur if the nursing home facility that cares for them will do their responsibility. The staff of the facility must do everything to ensure that basic prevention methods should be implemented. These preventive measures may include:

  • Regularly moving patients consistently
  • Preventing malnutrition and dehydration
  • Making sure the patients remain dry and clean
  • Using specialized cushions or mattresses to relieve pressure for high-risk patients

The prevalence of bed sores in nursing homes is a clear sign of the poor standard of care in these facilities. While they are preventable, bed sores can be excruciatingly painful and can lead to serious injuries. They can have a huge impact not only on the patient but also their families. Bed sores can lead to serious implications or even death. For this reason, a lawsuit can be held fully responsible for the injuries or death of the patient.

The sad fact is that nursing homes often mislead patients and their families by saying that bed sores is a fact of life and part of growing old. The truth about it is that bed sores develop very slowly over time and that they are the product of the inattentiveness of caregivers over a long term period. It mirrors the poor conditions of nursing homes and the result of neglect of caregivers.