Does Your Slip and Fall or Other Work Related Injury Qualify for BOTH Workers’ Compensation Benefits and to Make a Personal Injury Claim?
If you have been injured on the job in a slip and fall or any accident, you may have various questions with regard to workers’ compensation benefits and whether any person or entity may be held liable for your injuries in what is termed a “3rd party claim”.
In most cases, injuries that occur while at work are covered exclusively by workers’ compensation benefits. However, there are many circumstances under which you may also file a personal injury claim (3rd party claim), to recover monetarily from negligent parties whose careless acts and/or omissions resulted in your injuries and economic losses. Property owners, machine or equipment manufacturers and distributors, vehicle owners, subcontractors, maintenance personnel, and others may all be culpable and held liable in varied scenarios. Read the rest »
According to the Institute of Medicine, the annual number of deaths caused by preventable medical errors may exceed those associated with heart disease and cancer. These fatal errors and shortcomings in care include failures to implement appropriate care and diagnostic services in a timely manner, medication errors, and other departures from the standards of care accepted within the medical community. One such violation from the standards of care is the failure to guard against preventable injury or death following a surgical procedure.
It is not uncommon to find stories of surgical errors in the news, especially when it involves egregious mistakes, such as surgical procedures performed on the wrong area of the body or organ system. In addition, there are instances regarding surgical supplies, instruments and other items left behind inside of a patient Read the rest »
According to a recent report by the Occupational Safety and Health Administration (OSHA), the nation’s state-based workers’ compensation system (“workers’ comp”), has over some time, shifted the costs associated with the treatment of workplace injuries to the workers, their families, and taxpayers.
Ideally, when a worker suffers an on the job injury or illness, he or she should qualify for adequate financial coverage relative to the medical costs, lost wages, and other damages which resulted from the work related injury. If the injury is permanent, such as the loss of an arm or a sensory ability, again, the worker is entitled to financial assistance for the life-altering trauma. Unfortunately, in recent years, legislators and employers have passed new laws and regulations that not only decrease workers’ compensation benefits, but also make it more difficult to qualify for any benefits. Read the rest »
Patients depend on doctors and nurses to provide exemplary care which comports with the standards of care accepted within the medical community. This premise also applies to the health and care of a pregnant mother and fetus prior to birth, and a baby at the time of labor and delivery.
Providing care within the following standards could very likely preclude a birth or other injury to the child: careful monitoring of the growth and development of the fetus, provision of adequate timely information about conditions during pregnancy and any potential harm to the fetus, and appropriate responses to complications which may arise during the prenatal course, labor and birth are all integral to maintain the health and well-being of both the mother and child. Conversely, shortcomings in treatment may result in significant injuries to a mother and child. Read the rest »
Doctors, Midwives, Nurses and other healthcare providers, in order to prevent harm to patients, are required to administer medical treatment within the standards of care required and recognized by the medical profession. If a medical professional fails to comport with those standards in treating a patient, and such failures result in significant permanent injury, then the healthcare providers may be liable for civil claims surrounding medical negligence assertions.
At Blume Donnelly Fried Forte Zerres & Molinari, our experienced and compassionate attorneys understand how difficult it can be for families to cope with the medical and other issues suffered by a child who was injured during birth (birth trauma). Read the rest »
According to a study from the University of Texas MD Anderson Cancer Center in Houston, the rate of colorectal cancer diagnoses is dropping among people who are 50 and older, yet increasing among younger adults.
Researchers expect that by 2030, the incidence rate of colorectal cancer in young patients will double among the 20 – 34 age group (an increase of 100 percent), and increase by 46 percent for the 35 – 49 age group.
Previously, it has been thought that the chances of developing colorectal cancer increased dramatically after age 50, as roughly 9 out of 10 individuals diagnosed with colon or rectal cancers were at least 50. However, statistical analysis has shown that there has been an increase in the rate of diagnosis in younger populations. This increase is thought to be caused by a variety of factors. Lead author of the study, Dr. Christina Bailey said there is no clear reason why the incidence of colon and rectal cancers are increasing among a younger demographic, but the study indicates that multiple potential risk factors such as obesity, poor diet, and lack of exercise may be causally related. Read the rest »
Contact with an electrical current can cause electrocution, burns, fires, fall accidents, other traumas, and can be deadly.
A Jersey City, New Jersey trucking company was recently fined a total of $63,000 by the U.S. Department of Labor Occupational Safety and Health Administration (OSHA) after an investigation revealed 14 serious violations relative to electrocution hazards. Investigators stated that the company’s warehouse located at 418 Duncan Avenue was an “electrical nightmare for its employees.” The owner of the trucking company said that the investigation was launched by a disgruntled employee and that OSHA exaggerated its findings. Read the rest »
Scientists at the Stanford University School of Medicine have stated that in the future cancer cells in their infancy or earliest stages may be detected with a simple blood test. The research at Stanford focused on using customized DNA, and forcing cancer cells in mice to produce a substance that marks the cell, making it more easily identifiable in a blood sample. This research could ultimately result in a diagnostic testing process whereby one could diagnose cancer before it progresses beyond Stage 1 (its earliest stage, where spread of the disease is typically negligible and a patient’s prognosis is usually excellent).
This research is in no way new. Scientists and doctors have been using naturally occurring biomarkers to diagnose and treat patients for years. However, this research is different in that it causes a cell to actually create a “biomarker” which would not otherwise naturally occur. These new biomarkers are easily identifiable compared to those which otherwise occur in cancer cells. Read the rest »
February is “American Heart Month”, and as such, it is the perfect time for Americans of all ages to learn more about how to take care of their hearts year round.
According to Million Hearts, a national initiative launched by the U.S. Department of Health and Human Services, heart disease is the leading cause of death among Americans. It is a widely held misconception that heart disease primarily affects males. However, since 1994, more women have died from heart disease and its related conditions than men; roughly one in four women annually. Read the rest »
Representatives from Anheuser-Busch in Jersey City, New Jersey, stated the company it will fight the $162,500 safety violation citations it received from the Occupational Safety and Health Administration (OSHA) in December of 2014 surrounding hazards at their Jersey City distribution warehouse. The distributor claims that OSHA’s alleged findings are unsubstantiated, and have filed a Notice of Contest with the organization.
According to OSHA, the warehouse facility was targeted for inspection following a high injury and illness rate. During a June 2014 investigation, OSHA determined that workers were exposed to multiple safety hazards, such as defective trucks, blocked exit routes and damaged storage racks. Additionally, investigators found that many of the industrial truck operators were not properly trained and there was a lack of communication regarding chemical exposure hazards. Read the rest »