How Does Permanent Disability Work?

It’s an awful situation to contemplate, but it’s one we all, as workers or employers, should think through: what happens in the case of work disability? No matter what profession you are in, whether you are a construction worker or the president of the United States, there is always a risk of workplace injury for you, for your coworkers, and for your employees. We all, on some level, are aware of this, and yet most of us don’t know exactly how disability works.

The first thing to recognize is that there are different kinds of worker’s disability, from temporary partial to temporary total disability to long-term partial to long-term total disability. For the sake of this article, I will concentrate only on the latter two types of disability, since they are the more serious. In the case of permanent total disability, the math is easy. That means someone can never return to work because most of their body will not recover from the workplace injury. In that case, the person will have all medical expenses covered and will likely receive 2/3s of their salary at the time of the accident for the rest of their lives.

Permanent partial disability is more complicated. In that case, the amount received depends on the part of the body injured. This will be determined by a doctor, who will decide which parts of the body are permanently injured and what percentage of function can be expected from those parts. So, as Scudder and Seguin do, imagine someone injuring their hand at work. If a doctor determines that that hand will be completely without function (so 100% disabled for life), the injured person can expect to receive 200 weeks of pay at 2/3s their salary. If the hand will only have half functionality going forward, then that money is halved, so 100 weeks at 2/3s pay. If the hand has 30% functionality, it would be 60 weeks at 2/3s pay. And so on. Different body parts receive different rates depending on how necessary they are for work. So, an eye can get up to 100 weeks of 2/3s pay, while a thumb can get up to 75 weeks. This is only a quick summary of how a permanent disability is determined. The entire process is of course much more complicated. Everyone who is reading this is encouraged to study the subject further to learn more about the process from start to finish for all those involved. Workers’ disability and workplace injury is a stressful and traumatic event. The best that can be hoped for is for those involved to minimize the stress and trauma for the victim. And the best way to do that is by knowing the process before it ever happens.

Trucking: Rollover accidents by the numbers

It seems like it should be a law of nature: just as there are many different kinds of cars and trucks on the roads, there is also an equally large number of ways to get into an accident. Semi-truck drivers, in particular, have a lot more to be worried about, since an accident could have devastating effects that are felt by more than just the driver. While most of these accidents are due to errors by the driver, some of them occur due to oversight and laziness on the part of the transportation companies.

This study from 2008 analyzes one accident in type in particular: a rollover, which occurs when a truck tips over due to centrifugal force on the vehicle. It is estimated that rollovers comprise about 9% of all accidents involving large trucks. Looking at crash data from 2001 to 2003, this would mean rollover accidents accounted for 13,000 of the total number of crashes that involved fatalities or injuries. The results of the study claim that the majority of rollovers are caused by some sort of driver error, like a driver taking a turn too fast. In fact, they found that speed was the top contributing factor to rollover accidents, being the cause of 45% of crashes studied. In contrast, for truck accidents of every type, speed is only the main factor in 23% of crashes. The second largest contributing factor to rollover accidents was inattention, mostly due to sleep deprivation. This is not surprising considering how many hours truck drivers are required to be on the road. However, there is a small percentage of accidents like this that are caused by a truck being improperly loaded and unbalanced, which causes rollover accidents more than other types. The truck is too heavy, having the load improperly secured in the back of the truck, and having the center of gravity placed too high in the truck are all causes for rollover crashes.

Because of how large a semi-truck is, it is an unfortunate fact that many accidents affect other drivers on the road. Regardless of whether the rollover was caused by an error on the part of the driver or the transportation company, there are many cases where an affected driver may need a specific truck accident lawyer to help them figure out who was responsible. Even if self-driving trucks become the norm and driver error is no longer a factor, the trucks will still have to be loaded precisely so that rollovers are prevented. It should be the transportation company’s responsibility to make sure the weight and balance of the truck are stable at every point in its journey.

There are many weigh stations along our nation’s highways, and these are very important for determining if a truck is overweight and at risk of an accident. However, making sure the load is fastened properly and that the center of gravity is low in the truck should also be a priority for these stations in order to prevent rollover accidents.

How Devastating are Residential Fires?

It only takes one disaster to change your life. To many, that disaster is a residential fire. Residential fires often occur because of negligence. The negligent party can be anyone. It could be a product designer or manufacturer of a defective appliance. It could be a resident that keep combustible materials near fire sources. It could be an electrician who has failed to detect or fix wiring problems.

Whoever is at fault, it doesn’t change the fact that residential fires are devastating. But what are the damages associated with house fires? They are enumerated below.

Insurance Bad Faith

Before talking about the more personal damages, it is important to tackle the financial difficulties associated with house fires. You may have the best insurance policy, but you should not be too complacent. According to the website of K2 Consulting & Services, LLC, insurance companies may employ tactics that may make you get way less than you deserve.

Personal Injury

A house fire may be enough to cause injury, especially to the occupants of the said house. Injuries may vary, but most of the time, they involve respiratory problems such as asphyxiation and burn injuries that may be severe enough to damage not just the skin, but also the nerves and the bones. Some burn injuries even end with amputations.

Property Damage

Of course, the occupants are not just the ones at risk, but also the properties exposed to the fire, such as the house itself, its inner workings like wiring systems and plumbing, and its appliances, furniture, and other valuable assets.

Psychological Response

Residential fire victims, particularly those who have experienced the event firsthand instead of just arriving home and seeing everything already burnt, are vulnerable to negative psychological responses, such as post-traumatic stress disorder, wherein they may experience anxiety episodes in the form of flashbacks and nightmares.

Wrongful Death

Losing a loved one is both a personal and financial problem. It is personal because, of course, it is lost companionship. It is financial because of the monetary burdens relating to death, including medical expenses prior to death, funeral costs, and lost benefits from various financial plans and securities.

Manufacturers are Liable for any Injury Caused by Their Drug

State and federal agencies help one another in ensuring the safety and well-being of all American citizens, especially in the area of healthcare. These agencies include: The U.S. Food and Drug Administration, which sees to the safety and effectiveness of drugs before approving these for patient use; The Division of Medication Error Prevention and Analysis (DMEPA), the branch of the Center for Drug Evaluation and Research (CDER) that is tasked to appraise reports on errors involving generic, over-the-counter, prescription and other types of drugs; and, The Institute for Safe Medication Practices (ISMP) and the United States Pharmacopeia (USP), both of which work to minimize the risk of medication errors or ensure safety against medication errors. Despite the standard pharmaceutical companies should comply with and the presence of these organizations, many kinds of drugs continue to cause adverse effects, harming patients rather than providing them the treatment they seek. One of the possible reasons why some drugs turn out to be harmful is lack of proper tests on these. Before gaining approval from the U.S. Food and Drug Administration, pharmaceutical companies should test their drugs to fully determine their effectivity and safety. However, since these companies sponsor the tests on their own drugs, some are able to conceal from the FDA unfavorable results and submit only results that show their drug’s safety and effectivity. Hundreds of drugs have already been issued a black box warning by the FDA (this type of warning is the most serious warning the FDA issues). Many others have been recalled by the FDA or have voluntarily been recalled by their manufacturers – but not after these have already been linked to serious harm or patient death. Due to adverse effects, thousands of medical malpractice lawsuits against drug manufacturers have and continue to be filed in courts every year. In fact, many of these lawsuits have caused manufacturers millions of dollars in settlement claims. Prescription and over-the-counter drugs frequently become available for consumption before their risks are properly understood, resulting in an increased health hazard that threatens public safety. Despite the Food and Drug Administration’s (FDA) mandatory regulations of drugs before they even hit the market, the availability of dangerous drugs remains prevalent. Even worse, sometimes even if there is reliable proof that these dangerous drugs lead to serious medical complications, drug manufacturers will still market the drug and stifle warnings of its adverse effects to consumers. Dangerous drug lawyers believe deceiving consumers to make a profit is unconscionable, thus, they fight in behalf of those harmed to hold misleading drug manufacturers accountable for their personal injury. A manufacturer is held liable for any injury caused by their drug, even if they were unaware of the drug’s danger. Some pharmaceutical products cause enough widespread injury that mass tort litigation is brought against responsible manufacturers.”

Difference Between Assault and Battery

Assault and battery are often associated with each other, so some of us think that they are somewhat the same. In a way, they are, because they essentially tackle threats of violence and physical altercations, that can lead to physical injury, emotional and psychological damage, and other inconveniences. But according to the website of Charleston personal injury lawyers, assault and battery are not exactly the same.

Assault happens when the conduct of another person gives you reasonable fear of bodily harm. For example, if a person threatens you of injury, and this person has the capability to actually execute it, he may be guilty of assault. The key here is knowing that the words the person uttered are not empty threats. They have the physical ability and the machinery to put the threats into action, putting you in a place of reasonable fear. This means that a person may be guilty of assault even though there is no physical contact yet.

For example, if a person throws a rock on you and he misses, he may be guilty of assault even though you are not hurt, because there is sufficient evidence for harm. If the rock hits you, the person may be charged with battery.

Battery happens when a person performs a violent act against you, regardless of the degree and force of the act. Examples of such violent acts are beating, using of dangerous objects that can cause injury, and using of weapons that can cause serious injury.

Below is the significant differences between assault and battery.

  • Assault does not require physical harm
  • Battery requires physical harm
  • A person who is guilty of assault is not necessarily charged with battery
  • A person who is guilty of battery is essentially guilty of assault as well
  • Assault may be hard to prove because it is not easy to provide evidence of threat
  • Battery may be easy to prove because of physical evidence
  • Battery often has a more severe punishment

The essential difference of assault and battery is the amount of contact between the assailant and the victim.

Laws Regulating Trucks and Truck Accidents

As they are larger than cars and other vehicles, accidents involving trucks will most likely be devastating. The website of Abel Law Firm reveals that driving 18-wheelers and other large trucks is a difficult and dangerous occupation. Weighing approximately 40 tons, it is no surprise that accidents involving them will result to serious injuries. Determining liability in trucking accidents is dependent on certain laws and regulations and they are the following:

1. State and Federal Laws

The two main Federal agencies that regulate the trucking industry are the US Department of Transportation (DoT) and the Federal Motor Carrier Safety Administration (FMSCA). The industry regulations are contained in Title 49 of the Code of Federal Regulations. Each state has its own department of transportation to control intra-state commercial trucking.

If the truck driver or company violated the regulations that apply to his work, they can be held liable for the injuries.

2. Licensing

Drivers of large trucks should abide by state statutes and case law on commercial drivers’ licensing. If the driver involved in an accident did not have the required license, you can have a case against them.

3. Rest for the Drivers

State and Federal laws also regulate the working hours of commercial truck drivers without taking a break or resting.

4. Maximum Weight Allowed

The maximum weight of a truck is also regulated depending on the size of the truck. Overloading the truck can be dangerous. Thus, during an accident, the load that the truck carries and when it was last weighted will play an important part in the investigation of the accident.

5. Quality Control

Commercial vehicles are regulated in both manufacturing and repairs to ensure that they pass quality control. If a defect in the truck caused your accident, then you may can hold the manufacturer, supplier, and repairer of the truck liable.

6. Hazardous Waste

The Office of Hazardous Materials Safety (OHMS) implements safety regulations for transporting hazardous materials. If these regulations are violated, you may hold the company and the driver liable for the violation.

Senior Population Continues to Increase

When our elderly loved ones are no longer capable of taking care of themselves and fulfilling their daily needs, it might be a good time to consider entering them into assisted living facilities. In those facilities, there is a care staff whose focus is to help the elders with their everyday tasks, such as bathing, eating, and dressing up. While you may be overwhelmed by the costs of assisted living, you should first take into consideration the best possible care that your loved one deserves to have. It is always of utmost importance to give the elders the best quality of assistance.

According to the Georgia Senior Living Association, the population of seniors that will need assisted care is increasing.

Assisted home facilities are equipped with materials that will suit the elders’ needs, which changes from time to time. They have amenities that are carefully made for elders who need extra assistance. A normal in-home care might not be able to provide that for your loved one.

Secondly, by moving your elder into assisted living, you will also be giving them the chance to be in a place with readily available medical care. Since the main focus of the facility is on the elderly, it will be easier for the staff to determine what is required and needed by the elder. Easy access to medical help is advantageous, especially in situations that needs immediate solution, which may not be possible if the elder remained at home without supervision.

Full-time and 24/7 assistance is also one of the best reasons why assisted living will suit your loved one, according to Elders who suffer from Alzheimer’s or dementia do not have to worry at night, since assisted homes are manned by a staff at all times.

Ultimately, there are benefits provided by the government that are only applicable to those who are living in assisted homes. Additionally, the family members will not need to go through a complicated process with these benefits, since most assisted homes provide financial specialists of their own, according to

You may be thinking of how all these would cost, but the endgame is to always make sure that your loved one is safe and is given the best possible care you can provide, so moving into assisted living may just be the solution to your problem.

Telling your customers when to renovate or extend

The dilemma of choosing between home extension and renovation can be tremendously confusing to your clients. According to the US Environmental Protection Agency, as an expert, you need to give them an objective view of which choice will benefit them the most. But you should be careful not to lead your clients to a decision that only you want and they don’t actually need. Remember, as experts, you need to leave your personal preferences at your doorsteps and think with your client’s mindset.

Contractors in the housing construction and design industry are welcoming changes very fast. For instance, the website Ware Landscaping and Snow Removal, says many contractors are now adapting online business solutions to streamline business-customer processes. But you should never put aside the power of personal interactions. In a dilemma as confusing as choosing between renovation and extension, what your customers really need is your presence. By paying them a visit and personally imparting your views, you are giving them the assurance that what they will be choosing is right.

When helping a client choose between extension and renovation, ask him these questions:

  • Do you want to just revamp the look and feel of your living space or increase your home value? House extensions add extra floor area to your living space, which increases the value of your home.
  • How much upsizing does your family need? To accommodate for a growing family, you may need to add an extra room, or convert your garage into an added living space. Help them assess whether renovation is enough to upsize space, or if adding extra square feet is necessary.
  • How much are you willing to spend? In most instances, choosing between renovation and house extension relies greatly on your client’s budget. Because renovations may only involve moving home furniture around, home extensions are larger endeavors that require bigger budget.
  • How long are you planning to stay? Sometimes, it is more practical to just renovate a house rather than create an additional space especially if you are constantly switching home address. Is your client required to move from one place to another because of his work? Does he feel that his family will be staying in the community for good? Probing about how long your client will stay would allow you to give sound home advice.

Depakote as a Possible Cause of Hydranencephaly

No specific study links Depakote to hydranencephaly. However, studies on the effects of valproic acid on the developing fetus strongly suggest that the drug may have caused at least some cases of hydranencephaly.

Hydranencephaly is a rare neural tube defect characterized by the absence of the cerebral hemispheres. In its place is a sac-like membrane containing cerebrospinal fluid. In most cases, the brain stem and basal ganglia are intact. Researchers believe that the condition develops when the fetal brain sustains damage after it has developed from blood flow interruption, resulting in cell death and the eventual resorption of necrotic tissue by the body. This may be due to a stroke, or the death of a twin in the womb. According to the website of Williams Kherkher, there is some speculation that Depakote may have something to do with it as mothers taking the drug since 1995 were unaware of the risks they were taking.

DNA damage to valproic acid exposure in utero is strongly indicated in a study on neural tube defects. Though this is mostly due to fetal exposure in the first trimester, it is possible that some children that managed to develop normally through their first trimester suffered a setback in the second and third trimester, at which point the developed brain is susceptible cell damage.

A majority of those with hydranencephaly do not survive their first year, although there are a few that do. The typical hydranencephalic baby looks just like any baby with a normally developed brain, and the condition may not be diagnosed for months, or misdiagnosed. As the baby grows, the symptoms of hydranencephaly may present as irritability, difficulty in sucking, and seizures. Many are visually and cognitively impaired, but most respond readily to stimuli.

Life care of a hydranencephalic child is challenging, but infinitely preferable to early death. If your child was born with a neural tube defect, it may be due to Depakote. Consult with an experienced dangerous drugs attorney in your area to learn more about Depakote and its side effects.

Methods of Taking Zofran

When prescribed Zofran, it is important to take it exactly as the doctor says. Williams Kherkher Zofran lawyers describe situations in which medicines like Zofran are useful; when patients experience nausea and vomiting as a result of chemotherapy, radiation, or surgery, Zofran can help. There are three ways to taking Zofran, including regular tablets, orally disintegrating tablets, and oral soluble film strips. A patient’s type of usage depends on doctor’s discretion, and each method is unique with guidelines on proper instructions of consumption.

There are two types of Zofran tablets: regular and orally disintegrating. While patients can take regular tablets with or without a full stomach, they should always be combined with a glass of water. Orally disintegrating tablets have more extensive instructions, and the mouth may perceive this type of tablet as somewhat foreign.

Orally disintegrating tablets should be kept in the pack until use. When prying the tablet out of the package, it is important to peel back the foil rather than push the tablet through. Then, the tablet is placed on the tongue whereupon it begins to dissolve. Patients can swallow throughout the process (without swallowing the tablet itself), or once the tablet is completely dissolved. Afterwards, the patient can drink a glass of water. Similar to orally disintegrating tablets are oral soluble films.These are ingested similarly to orally disintegrating tablets, with the only difference being film vs. tablet.

Lastly, Zofran can come in liquid form. This type of Zofran should be measured and taken with precise precautions, being sure to follow the doctor’s orders. Measuring with a medical dose-measuring item rather than a cooking table spoon will increase accuracy. These dose-measuring items are advisable to when taking the liquid form so no under-doses or overdoses are taken.

Each method of Zofran consumption relieves a patient of nausea and vomiting, however has to be under the correct circumstances to prevent potential problems from arising. A patient’s type of usage depends on doctor’s discretion, and each method is unique with guidelines on proper instructions of consumption that should be followed directly.

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