Wednesday, July 20, 2011

Equipment and Machinery Malfunction related workplace injuries

Whether you work in a factory or you work in an office, equipment and machinery malfunction accidents can happen. Everything from bulldozers and grinders to microwaves and copy machines, injury can result from the malfunction of machinery in the workplace. Having a clear emergency management plan in one of the keys to ensuring your safety in the event of an incident.

All information herein provided is for educational purposes only, contact experienced Personal Injury lawyers in Valparaiso for additional details where required.

Often, people think of equipment malfunction injuries in the realm of industry. Every scenario can be imagined, from getting caught in a binding machine to being stuck in a steam press. But many people do not take the time to realize that equipment malfunction and failure can cause injuries anywhere. For instance, a microwave can catch fire if it malfunctions. This can lead to an entire building burning down, costing companies and employees hundreds of thousands, if not millions, in damages and injuries. Even the most simple, seemingly harmless accident can cause damage in the most innocuous of places, including office buildings, retail locations, financial institutions, as well as educational establishments.

And then, of course, there are the traditional cases in which employees working in industrial complexes suffer injuries as a result of faulty machinery. Working in an environment that uses machinery is often high risk as it is. Add in the additional risk of malfunctioning equipment, and you have a recipe for disaster. Although safety regulations are the tightest they have ever been, far too often, employees are faced with the difficulty of working around machinery that has been in existence for decades. This means that there is a higher risk for malfunction, which can lead to injury, or even death. Machinery is not meant to last forever. It can fail and falter, and when it does, unfortunately, many companies have workers present. Just as people are not perfect, and cause accidents, so is machinery. However, if a machine malfunction causes an accident, an investigation can take place and components and design are typically to blame.

The way to counteract this is to be sure of your company's emergency management plan, as well as keep up to date on your company's training schedule. Knowing what you are doing is one of the best ways to avoid a potential accident, as well as knowing what to do in the event of an accident. Many companies place a focus on emergency training for employees in high risk jobs, and it would be wise to remain up to date on the latest information.

The above is intended for educational purposes only and is not meant to be legal advice. If you or a loved one have found yourself injured as a result of equipment malfunction in the workplace, please consult a qualified legal professional to know your rights under the law.



Tuesday, July 19, 2011

Bike Accidents - What Cyclists and Drivers Can Do to Avoid Bicycle Accidents

According to the National Highway Traffic Safety Administration, approximately 51,000 bicyclists were hurt in a traffic related accident in 2009. 630 bicyclists died, 74 of which were under 14 years of age. Bicycle accidents are more common than many would think. Also, when these accidents involve a motor vehicle, they often lead to serious injury or death.

Information provided by Elan Wurtzel for educational and reference purposes only.

What Bicyclists Can Do to Prevent Future Accidents

There are several things that bicyclists can do to avoid an accident. The first is to ride in the same direction as traffic when traveling on the road. Cyclists should also make sure that drivers can see them. When riding at night, bikes must be equipped with a headlight and reflective gear.

Cyclists also need to maintain control over their bicycle at all times. Bicyclists should avoid riding at excessive speeds, refrain from listening to music, and always pay attention to the road. Cyclists should always be ready to brake or veer off the road if necessary. Defensive cycling is imperative to staying safe.

Cyclists should also be aware that certain areas of the road are more dangerous than others. For example, 45% of all cycling traffic accidents happen at intersections. For this reason, cyclists should be extra careful when crossing an intersection. To stay safe, look both ways before entering an intersection, follow all traffic laws, make eye contact with drivers, and never cross at speeds that would make it impossible to stop shortly.

Helmets are also important. While a helmet may not always be enough to keep a person safe, it does offer an important layer of protection. According to the Children's Safety Network, head injuries caused 62.6% of cycling fatalities in 2000.

Steps Drivers Can Take to Keep the Roads Safe

Drivers also need to make the effort to keep the roads safe for cyclists. Unless specifically marked, cyclists are not supposed to ride on the sidewalk. They are supposed to share the road with drivers. It is a driver’s responsibility to look out for cyclists, give them enough room, and help them reach their destination safely.

If possible, drivers should switch lanes to give bicyclists enough room to ride. Pushing cyclists off the road or into a curb may force them to fall off of their bicycle and into the road. Drivers also need to be exceptionally careful at intersections. It’s important for drivers to be aware of the pedestrians, cars, and cyclists around them at all times. Paying attention to cyclists is the most effective way to make the roads a safer place.

Disclaimer: The information contained in this article is intended to inform the reader. No portion of the contained information is meant to serve as legal advice.

Monday, June 20, 2011

Causes of Slip and Fall Accidents

How common are slip-and-fall accidents?

The possibility of being injured by falling is far from most people’s minds as they leave their homes and set off to go to work, to run errands, or to meet friends for a meal or shopping. Most would be surprised to learn that the Centers for Disease Control report that roughly 8,000,000 non-fatal injuries, including spinal cord and traumatic head injuries, result from slip-and-fall accidents each year, and around 19,000 people die annually from fall-related injuries. More people end up in the emergency room from falls than from car accidents. Falls are the number one cause of death in the workplace, the third most common cause of accidental death overall, and the leading cause of accidental death in people over sixty-five.

This information has been provided on an educational basis, for additional information contact an experienced Long Island Injury attorney.

What rights and responsibilities apply?

It is the legal responsibility of property owners to maintain their premises in a safe condition. A person who has been harmed because of the negligence of another may be able to recover damages for medical expenses, lost work, help with everyday tasks, disability or disfigurement, and pain and suffering.

What are some of the causes of accidental falls?

  • Uneven or damaged carpet
  • Debris or obstacles on the floor or sidewalk
  • Missing or worn steps on staircases
  • Absence of handrails on staircases
  • Highly waxed, polished, or wet and slippery floors
  • Poor lighting
  • Elevators making abrupt stops

Is it necessary to have an attorney to make a claim?

Insurance companies are often reluctant to approve claims in slip-and-fall accidents and may blame victims for their injuries. Anyone injured in a slip-and-fall accident should retain an attorney with expertise in this type of case. An attorney will take the steps needed to protect the victim’s rights, will gather information to prove that the fall was the result of negligence, and will determine several important facts:

  • How the dangerous condition that caused the accident came about
  • How long the condition existed
  • Whether the property owner knew about the condition
  • If there have been any other similar accidents at the property
  • If the owner violated any codes, regulations, laws, or safety standards

The attorney will obtain medical, employment, and associated expense records to document the extent of the damages and will be thoroughly familiar with the laws of the state where the fall occurred, including important statutes of limitations. Even if the case doesn’t get to trial, insurance companies typically offer larger settlements when a victim has legal representation.

The material contained in this article is to provide an overview of slip-and-fall accidents and does not constitute legal advice, which can only be provided by an experienced attorney.


Thursday, June 16, 2011

What Is Premises Liability?

There is a certain category of law that determines what liability the owner of a business or home has when someone is injured on that property. This part of the law is referred to as premises liability.

All information herein contained is for reference purposes only, contact an experienced premises liability attorney for more information.

Most usually the things that come under the scope of premises liability are accidents. Such accidents often cause the creation of injuries and damages. Due to this fact, these matters must usually be settled in court due to lawsuits.

What Are the Legal Parties that Could Be Involved in Premises Liability?

Determining liability for an accident that occurs on a piece of property involves determining the legal classification of the parties involved. The legal term for the person that owns a piece of property is the possessor. This can be either a homeowner or a business owner.

People that may have been injured on the possessor’s property can be broken down into three groups. The first group is invitees. These are people that are allowed to come onto the property with the intent of doing business. This often includes customers.

The second group is licensees. These are people that are invited to enter onto a property for reasons other than business. House guests are one such example.

Lastly, there are trespassers. These are people that are not invited onto a property. In almost all jurisdictions, trespassing on private property closed to the public is a crime.

How Is Premises Liability Determined?

Whether a person is an invitee, licensee, or trespasser will determine what kind of liability a possessor has after that person is injured.

Possessors have the highest liability when it comes to accidents that injure invitees. In fact, business owners may be held liable for a customer’s injuries even if the business owner had no idea that such a danger existed. Business owners are expected to be proactive to make sure that no such dangers for customers exist on their property.

Homeowners that simply invite licensees onto their property as friends can also be held liable. However, this liability is not as broad in scope as it is for invitees. For example, a homeowner must fix dangers on his or her property if that homeowner becomes aware of them. If not, the homeowner can be held liable. However, the homeowner is not expected to be nearly as proactive as a business owner.

Lastly there are trespassers. Trespassers have the least amount of protection out of all three groups. It is possible that a possessor could still be held liable for an injury that occurred to a trespasser. However, the possessor must have been aware of the trespasser’s presence on the property for a sustained period of time. Due to the fact that trespassing is an unwanted crime, this is extremely unlikely.

This writing should not be used for legal advice and should only be used for educational reasons.

Wednesday, June 15, 2011

Injuries To The Brachial Plexus

The spinal cord is connected directly to the base of the brain and networks of nerves are attached to the spinal cord reaching out to all parts of the body. The brachial plexus is one of these nerve networks and controls the muscles in the upper chest, shoulders, arms and hands. This patch of nerves can be affected by a variety of injuries and results in a loss of motor functions in the mentioned areas.

How The Injury Occurs
If there is a traumatic injury such as the pulling of muscles near the spinal cord or in the arms, the brachial plexus can be stretched, resulting in nerves being dislodged from the spinal cord and vertebrae. Spinal nerve bundles are attached to the nerves of the brachial plexus at cervical junctions five through eight on the spinal cord as well as the first thoracic spinal nerves. If they are pulled away from these connecting areas there is a significant loss of muscle control in the shoulders and arms. Sometimes the nerve roots are detached, and in other cases the brachial plexus network is simply stretched and nerve information to the muscles is disrupted.

Injury During Birth
Obstetric brachial plexus injuries are sometimes associated with a difficult birth where unusual amounts of pressure are put on the shoulders or upper chest of the infant during delivery. Nerve roots are covered with a meningeal coating that is extremely thin, especially in newborns, and are easily pulled from the spinal area if excessive force is used during delivery. This type of injury is not often noticed immediately and can only be diagnosed if there is persistent loss of motor control in the affected area.

Severity Of The Injury
Brachial plexus injury can be classified as one of three types depending on the severity. Neurapraxia involves loss of full nerve conductivity without total disruption of information. Axonotmesis is a condition where there is loss of continuity regarding the axon itself, while neurotmesis is the complete separation of the nerve due to a severe laceration. In the latter case, surgery may be required to fully repair the nerve network. Success rates in these surgical procedures varies depending on the number of nerves that are completely separated from the spinal area. In the milder forms of brachial plexus injuries, lesions will form with the building of scar tissue around the affected area and treatment will be in the form of physical therapy as the nerves and surrounding tissue heal themselves.

Because the brachial plexus can be injured from many different types of accidents, the specifics regarding treatment and the possibility of permanent damage cannot be thoroughly discussed here. Medical experts and legal advisors are of greater assistance where this type of condition is concerned.

Goldberg & Osborne, a personal injury law firm, has provided this article for informational purposes only, written by an independent author, and has not reviewed or edited this article and is not responsible for its content or accuracy.



Monday, June 6, 2011

Lead Poisoning: An Ongoing Phenomena

One of the most debilitating conditions a person can suffer from is lead poisoning. If someone suffers from the symptoms of this disease, they should seek medical attention immediately. There may also be the possibility of obtaining compensation in a court of law.

What Causes Lead Poisoning?

Lead poisoning is a very specific medical condition that is only caused by an elevated level of lead inside the body. Lead does not exist naturally in human beings however. It must be introduced by an outside source.

Unfortunately, many of these sources are man made. One very common source of lead poisoning is lead based paint. Lead based paint is very common in homes and buildings that were built before the 60’s.

When the paint in these buildings chips, it can release a large amount of lead into the air. Residents and others inside these buildings may inhale this lead and become poisoned. Children also sometimes become lead poisoned after placing lead paint chips into their mouths.

What Are Common Lead Poisoning Symptoms?

Lead poisoning has many serious symptoms. Some may appear immediately after a large intake of lead into the body. These symptoms may appear directly after a person has inhaled or ingested a large amount of lead. However, other symptoms may appear more slowly as chronic and very serious ongoing phenomena.

Symptoms that may appear directly after a large intake of lead into the body can include things like severe stomach pain, weakness of the muscles, regurgitation, and seizures. A person that has consumed a toxic amount of lead may also immediately go into a coma.

Unfortunately, for other people who have been poisoned by lead, their symptoms may appear much more gradually. Such symptoms can include extreme moodiness, the inability to sleep, severe headaches, loss of appetite, lack of energy, and loss of sensation in different parts of the body.

If a person experiences these symptoms, that person should seek medical assistance immediately. Thankfully, the presence of heightened levels of lead in the body can be easily detected. All that is requires is a simple blood test.

What Are the Risks to Children?

There are also many serious dangers for children that are exposed to lead. One such danger is developmental problems. During most of childhood, a child’s nervous system and brain are not yet finished developing. A sudden lead poisoning can severely inhibit this healthy development.

Due to this fact, children can develop some rather severe side-effects after being exposed to toxic amounts of lead. Such side effects can include stunted growth, a loss of hearing, reduced intelligence, attention disorders, and kidney failure.

Contact an experienced lead poisoning attorney for additional information.

Goldberg & Osborne, a personal injury law firm, has provided this article for informational purposes only, written by an independent author, and has not reviewed or edited this article and is not responsible for its content or accuracy.

Effects and Causes of Brain Injuries

Brain injuries are some of the most common and most serious of all injuries that bring people to the courts. While it is quite obvious that these are serious injuries, less obvious are the causes and effects of brain injuries. With something as complicated as the human brain, there are many ways to cause damage and there are many effects that can result from those causes.

Common causes of brain injuries
Brain injuries are caused by a wide range of different things depending upon the circumstances surrounding the injury and the age of the victim. Some of the most common causes include the following, among others:

  • Birth-related brain injuries
  • Airway obstruction
  • Close experiences with drowning
  • Extended forced choking
  • Vehicle accidents
  • Falls
  • Sports injuries
  • Physical violence
  • Electrical shock
  • Heart attack
  • Disease

These brain injuries are all very different in nature. The most common brain injuries result from heart conditions, diseases, and vehicle accidents. Each year in the United States, more than 100,000 people are injured in vehicle accidents. Many of those individuals suffer brain injuries of varying seriousness. These injuries are the result of direct, blunt force trauma to the brain. These injuries differ significantly from injuries causes by a lack of oxygen to the brain.

Those injuries causes by a lack of air and oxygen are often called "acquired" brain injuries. When a person is choked or they nearly drown, the brain's supply of oxygen is cut off and brain damage occurs. Depending upon the amount of time that a person goes without oxygen, the injury will vary in seriousness. Electrical shock can also be counted among these injuries, though these are less common in nature.

Sports injuries get the most attention and focus in the media, but they tend to be less common and less serious than other brain injuries. Because most injuries suffered in sports are indirect and there is often a protective barrier (helmet, padding) in play, these injuries are less likely to be life-altering in most circumstances.

Effects of brain injuries
When it comes to brain injury effects, there is a wide range that must be considered. Some brain injuries result in full loss of motor function. The most serious brain injuries can cause paralysis in the extremities. Likewise, brain injuries can cause blindness and prolonged memory loss. Brain injuries can cause mental conditions like depression in some individuals, as well. Prolonged headaches are often a symptom of a less serious brain injury, and this is something that people are always on the lookout for when considering brain health.

Contact an experienced brain injury attorney for further information.

Goldberg & Osborne, a personal injury law firm, has provided this article for informational purposes only, written by an independent author, and has not reviewed or edited this article and is not responsible for its content or accuracy.