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.

To help with this, here are a few major points outlined by Scudder Seguin, PLLC, who are workers’ compensation attorneys.

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.

In one website with address, https://www.zavodnicklaw.com/, there is an article that says, “Although pharmaceutical companies and drug manufacturers must undergo years of research and testing before their products reach consumers, unsafe drugs still find their way onto the market at alarming rates. 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.

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