It is the Legal Duty of U.S. Employers to Provide for their Employees a Safe and Healthy Work Environment
Private and government employers in the U.S. are obliged to provide their employees with a safe and healthy work environment to significantly reduce, if not totally eliminate, occurrences of accidents in the workplace. This duty is based on the mandate of the Occupational Safety and Health Act, a federal law that was enacted by the U.S. Congress in 1970. The Act requires the provision of a safe and healthy work environment for all employees, the conduction of training in the area of occupational health and safety, and the provision of vital information, research and education on the same area.
In 1971the Occupational Safety and Health Act or OSH Act gave birth to the Occupational Safety and Health Administration (OSHA), which is tasked to fully and strictly implement all the safety standards mandated by the Act, such as a workplace free from mechanical dangers, excessive level of noise, heat or cold stress, exposure to toxic chemicals, poisonous gases, radiation, unsanitary conditions, and other hazards.
The Hazard Communication Standard or HCS, is another mandate that OSHA enforces. This federal mandate, which was passed into law in 1980 and took effect in 1986, gives those exposed to hazardous chemicals in the work area the right to be informed about the type of danger they are exposed to and how they can protect themselves from such danger.
The HCS, also known as the Right-to-Know law or the Worker Right-to-Know Legislation, also requires manufacturers and importers of hazardous substances to attach Material Safety Data Sheets (MSDS) and warning labels on all their products. Aside from indicating on the label that a product is poisonous or hazardous, there should also be information on the product’s safe storage suggestions, potential health effects, precaution for use, emergency first aid instructions, and contact numbers for further information.
Each type of work environment presents a unique set of safety risks; thus, employers should take full responsibility in implementing the necessary measures that will prevent accidents from occurring. Anticipation of potential problems through risk assessment, safety training, provision of the necessary protective equipment, installation of safety barriers and so forth, are just few of the precautions that ought to be observed inside work premises. While OSHA maintains that accidents can be avoided, this will only be possible if owners of firms and their managers observe government safety standards, and the employees follow company safety rules.
It is explained by the firm Hach Rose Law that “A considerable number of different factors can contribute to making a work site unsafe for workers. Some of the most common of these include the following:
- Lack of appropriate safety equipment or protocols
- Failure to properly train employees
- Unsafe ground conditions
- Employment of unqualified workers
- Faulty or damaged equipment
Risk of injuries is always highest in construction (and other industrial) sites than in any other type of work environment. Due to this, it is the duty of those in charge of running construction sites and the property on which the construction is taking place to ensure that the site is safe for workers and that workers are provided with adequate safety equipment, otherwise, they may be held accountable in the event that a worker is harmed while performing his or her job.”Read More
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We all have high regard for doctors or anyone in the medical profession. They are revered in their industry for their professionalism and high ethical standards. But nowadays, there has been an increase in medical malpractice claims which has often led to serious injuries and even death to a patient. According to the website of Bruner Law Firm, medical practitioners and providers have failed to live up to the standards of care for their profession.
When a medical practitioner has caused injury or death to a patient, there is no recourse for the surviving relatives but to recover damages. If the plaintiff is a bread winner in the family, the potential losses to the surviving family members can pile up. In this article, we will tackle the available damages that the family of the plaintiff can recover in a medical malpractice case.
Types of Damages
Damages in a medical malpractice case boils down to those that can be calculated or economic damages and those that cannot be calculated or non-economic damages.
Economic damages may include lost earnings or capacity, medical bills, and other financial losses that resulted from the injury or harm. Lost earnings could include the amount of money that the plaintiff could possibly earn if not for the injury or harm. Future earnings are calculated based on its present value. The calculation of future earnings is done by an economist that your lawyer will hire as an expert witness.
However, there are three problems that can arise in the computation of lost earnings.
- You were unemployed when the injury happened
- If not for the injury, you would have sought another job for higher pay
- You are self-employed
Future Medical Bills
Injuries due to medical malpractice may entail long term medical care which could reach to hundreds or even millions of dollars. A medical economist shall be the one who will compute this and present it in court.
Non-economic damages include pain and suffering and mental anguish and loss of consortium. This is the most difficult part in a medical malpractice claim because you cannot put a monetary value on pain and suffering. There is no existing guideline on the determination of pain and suffering. There is no chart that can be presented to the jury to determine the amount that will be awarded to the plaintiff.
Loss of consortium, on the other hand, refers to the intangible benefits that the plaintiff can give to their spouse or children.Read More
Compared to cars, trailer trucks move and maneuver much slower; these huge vehicles also require more room, especially when making turns or when maneuvering along curves. Operating a trailer truck, also known as big rig, semi-trailer or 18-wheeler, requires special skills; thus, before a person can be issued a commercial driver’s license, his or her authorization to operate a truck (or a bus), he or she will first have to undergo a special training and a series of tests aimed at ensuring the safe operation of commercial vehicles.
According to the National Highway Traffic Safety Administration (NHTSA), more than two million semi-trailers are current under operation in the US. An alarming concern about this, though, is that a fourth of these vehicles (500,000 trucks) are said to get involved in accidents, many of which are fatal, every year.
Besides more maneuvering space, trucks also have blind spots, which are areas where smaller vehicles are not visible to truck drivers. The blind spots, where most accidents occur, include a truck’s front, back area and sides, especially the passenger side.
While there are many varying factors that cause trucks to get involved in accidents, a study conducted by the Federal Motor carrier Safety Administration (FMCSA) says that majority of these accidents are due to truck driver errors.
According to the FMCSA, the top three factors that result to driver error are driver fatigue, intoxication from prescription and/or over-the-counter-drugs which results to impaired driving, and speeding and driving too fast for road conditions. (Other factors resulting to driver error are speeding, driving distractions, lack of focus on the road, failure to check blind spots, improper attachment of trailer, depowering of the front brakes, and failure to make sure that the brakes are in good working condition.
The dangers that trailer trucks pose on the road make it imperative for drivers to observe all proper safety measures – this especially includes double checking their blind spots for possible smaller vehicles and making sure that they start to step on the brakes, when they need to stop, from enough distance.
According to the Karlin, Fleisher & Falkenberg law firm, there are many instances wherein truck drivers fail to take their responsibility seriously, thus, causing catastrophic, yet preventable, accidents as a result. While it is true that many drivers of smaller vehicles have survived truck accidents, these survivors have been left either with a severe injury or a trauma that may haunt them for the rest of their lives; medical treatment to treat injuries can be costly; the same with emotional or psychological therapy. The results of an accident can no longer be undone.Read More
Often time’s accidents are only that- accidents. Yet occasionally they can be caused supervision or by the carelessness of another party. Some of the very most common types of personal injuries cases include premises liability cases car accidents, and product liability cases.
Cases of individual injury may be in some circumstances, life-threatening as well as extremely dangerous. Regrettably these circumstances frequently could have been avoided. These cases will be the fault of the carelessness or negligence another party included. In such cases, the victim of this kind of disaster or their families might be owed specific problems.
Based on the website of the Hankey Law Office, in the instance of motor vehicle collisions, a personal injury case can be submitted if there is a victim hurt because of some other driver’s fault or another party involved with the accident. The car maker, exhaust makes, or even those in the town of maintaining routes and highways might be at fault for a crash that damages a cautious driver who followed all rules of the street, in charge.
Personal injuries lawyers are generally aware that in cases of premises responsibility a victim is injured in a building belonging to some landowner who neglected to assemble or keep the construction of the building. This carelessness frequently results in the harm of the inhabitants or visitors. Some samples of this involve asbestos exposure, star collapses, mold and shoots.
When it comes to product liability, the victim was injured by a defective product as a result of the oversight or neglect of the products manufacturer. Some common examples of this contain faulty toys for children or hazardous food materials. All these are cases that are especially dangerous because the influence large groups of men and women, a failure the instance of toxic food substances, or they affect a few of the very most vulnerable victims- children.Read More
While insignificant bump and scrape car accidents occur every day without many consequences, many car accidents are very serious. One of the most dangerous types of accidents are rollover accidents. Taller, narrower vehicles are the most likely type of vehicle to experience a rollover accident, although it ca happen to anyone under certain circumstances. According to the website of some Tennessee personal injury lawyers, some of the costs and losses that a victim has to face after a rollover accident can include: vehicle repairs, medical bills, lost wages, rehabilitation costs, and emotional trauma.
There are two common types of rollover accidents that can occur: tripped and un-tripped. The first are tripped rollovers. These are the most common type of single-vehicle rollovers. These accidents occurred when a vehicle slides off the roadway into softer soil, or gets caught on a curb or guardrail. At certain speeds, this impact can cause the vehicle to “trip” spinning it into a rollover. A tripped rollover can also occur on a steep slope. If a drive underestimates the steepness of a slope and attempt to make a sharp turn at a certain speed, this can also cause the vehicle to trip.
The other type of rollover accidents that can occur are un-tripped rollover accidents. Un-tripped rollover accidents occur when a driver attempts to avoid a collision with another vehicle or debris, animals, and fallen objects that may be obstructing the roadway. A driver will attempt to abruptly swerve the vehicle to avoid the obstruction or collision, but if the vehicle is going fast enough and had a heavier than average load, the force of this action could cause the vehicle to rollover in the roadway.
Effects of a rollover accident can be permanent, life altering, and in some unfortunate cases, life threatening. Unfortunately, in many cases, rollover accident was preventable and occurred due to the carelessness of another. If this is the case, certain damages may be owed to the victim of such an incident.Read More
People often forget that human beings are just as fragile as any other living creature on this planet. People are made up of bones, muscle, and skin and from what was once ash will return to ash just the same. It can all be gone in the blink of an eye, vanish like breath on a mirror. But what some people also fail to recognize is that they have profound effects on other people just the same. The loss of one can ripple into a tidal wave, a hurricane of hardship and pain to a multitude of people.
Imagine then when a life that should have continued on for decades was abruptly and unjustly taken due to something that should have been completely avoidable? If you are directly connected to the loss, the grief and pain felt cannot be anything that any words in any language can be able to properly convey. One day, you wake up and everything is normal and all of a sudden, when you’re just about to go sleep, suddenly you realize that everything that transpired from that day has now changed for your life forever. That is what loss this close to home can do to you. And there is no recovery from something like this, when you lose someone due to an accident that should never have happened in the first place.
If you have evidence that suggests or proves beyond reasonable doubt that the event that caused the death was due to someone else’s intentional or ignorant negligence, then there is legal action that can be taken.
The website of Schuler, Halvorson, Weisser, Zoeller and Overbeck, P.A. states that to file a wrongful death lawsuit against the guilty party is in order to claim financial compensation that can cause strain to any family. There are the burial expenses as well as any outstanding medical bills that may have been a result of the accident as well. It is not only that but there are also the circumstances that surround the surviving family or beneficiaries if the deceased was their primary income earner.
If you or someone you know has been the victim of a wrongful death type of case, contact a professional immediately.Read More
For so many truck drivers, driving for 11 hours straight and cross-county is normally part the job, thus trucks are built with sleeping berths where they can get the rest and sleep that they need to keep them from driving while sleepy or fatigued.
Different government agencies actually work together to make sure that trucks never become threats on the road as their size and weight are much more than enough to run over and crash any vehicle. But while the Federal Motor Carrier Safety Administration (FMCSA) mainly focuses on improving the safety in the operation of commercial motor vehicles (CMV), the National Highway Traffic Safety Administration (NHTSA) turns its focus on both truck drivers and other motorists, constantly reminding the latter of the things they should avoid whenever they share the road with an 18-wheeler. These reminders are aimed at reducing risks of truck accidents and these include:
- Avoiding blind spots. Truck drivers have multiple blind spots, such as the area directly behind the truck and truck’s passenger side. Blind spots (also called no zone areas) are areas where the truck driver will most likely fail to see the presence of another smaller vehicle (an obvious danger, especially if the truck were to make a right turn). Smaller vehicles should avoid these areas and, if going to drive past a truck, should do so at the driver’s side, where the diver will clearly see his/her vehicle.
- Never driving too closely behind a truck. This is called tailgating and it is definitely dangerous, not only because you would be in a truck’s no-zone area, but because if the truck makes an emergency stop, the chances of a fatal accident may not be remote. Besides, tailgating also renders the (tailgating) driver totally unaware of the real situation of the road farther ahead, as well as greatly reduces his/her chance to reacting in time to impending road dangers.
- Observe proper care at intersections. When executing a turn, trucks eat up multiple lanes, thus it is best that other vehicles always yield to trucks. Turning alongside trucks can prove fatal to drivers and passengers of smaller vehicles.
On its website, the Law Offices of Jeff Benton explains that truck drivers are never exempt from liability even if the vehicle it collides with in an accident is in its blind spot, or no-zone area. The truck drive is fully responsible in making sure that no vehicle is in the no zone area before he/she accelerates, turns or brakes his/her truck, as well as before he/she makes any lane changes.
Victims of car accidents, on the other hand, are sometimes advised to get in touch with an Oklahoma truck accident lawyer for them to know and understand their legal rights and possible actions against the liable parties.Read More
Divorce will never end a non-custodial parent’s obligation to support his/her children, except, of course, those that have reached the age of emancipation, unless support is determined by the court as still necessary.
Child support is a major concern that divorcing couples will have to settle. If the spouses concerned fail to arrive at a mutual agreement, it will then be the court which will have to determine the amount of support that will need to be paid by the obligor or non-custodial parent. Being a legal matter, whatever decision to be arrived, whether through mutual agreement or court settlement, the spouses concerned will have to observe it or suffer contempt of court and face legal punishments, such as fines and imprisonment. The obligor or even the obligee, custodial parent, can request the court to make changes in the amount of support if the obligor’s financial circumstances have changed.
One common issue that has arisen during the past years regarding obligors is their sudden disappearance in an attempt to escape their responsibility. Obligors need to know that the Child Support Recovery Act (CSRA) was passed in 1992 for the purpose of determining the whereabouts of missing obligors, such as those who have fled to other states to escape child support payment. It is also necessary for obligors to know that, based on the rules observed by U.S. Passports & International Travel of the U.S. Department of State’s Bureau of Consular Affairs, anyone owing at least $2,500 in child support will not be allowed to acquire a U.S. passport until he/she has fully paid the amount.
One of the major reasons why courts allow modifications in support agreements is to save the obligor from the burden of paying a support amount which he/she can no longer afford due to changes in his/her financial situation. Such changes may be due to a sudden and/or unexpected medical condition, loss of job, and so forth. But whether the issue is modification of the support agreed upon or enforcement of the support agreement, it is always best to be recommended by a The Woodlands child support lawyer, who can help you deal with whatever legal need that you have to address.Read More