Slip & Fall

Although they are a staple of comedy and often we even laugh at ourselves when we stagger unexpectedly or fall down, a slip and fall accident can be a very serious matter, frequently resulting in serious injury or even death. Here are some sobering statistics, taken from the Bureau of Labor Statistics, and the National Safety Council:
-Falls account for a full 25% of serious injuries that occur in the workplace.
-Falls are responsible for a 104 million lost workdays in the U.S. every year.
-Slip and fall accidents kill more workers than all other workplace accidents combined.
-Falls are the single biggest cause for trips to the Emergency Room.
-70% of falls occur on level ground.
-55% of people over the age of forty suffer a debilitating slip and fall accident.
-Falls are the second leading cause of accidental death and disability, following only car accidents. -Personal injury claims from falls cost the U.S. $36 billion dollars a year.
-One in three Americans over the age of 65 suffers a slip and fall accident every year and of that group, 30% are moderately to severely injured.
-Approximately 17,000 Americans die every year from a slip and fall accident.

As you can see, a slip and fall accident is not really a laughing matter. They often result in a very high financial cost as well as extreme pain and suffering. The elderly are especially at risk, and most nursing home injuries are the result of falls. We all need to be vigilant to try and prevent slip and fall accidents.
Falls occur for many different reasons, many of which could be prevented with common sense and care. Your foot can lose traction on an unexpectedly slippery surface, because the ground or flooring rises, even slightly, or drops away. Rough patches can cause you to slip. Poor lighting conditions, making changes in the flooring or other ground surface difficult to see can cause the slip and fall accident. It's equally as important for the person walking to watch where he or she is going as it is for the owner of the flooring or sidewalk to maintain good visibility and clean up spills or promptly repair unexpected rough or bumpy areas.
If you do find yourself falling, there is a preferred way to do it so you will minimize the risk of injury. The current recommendations are to turn your head, tuck in your chin and throw up an arm. It's better to land on your arm than your head. Twist your body to the side as you fall, as it's better to land on your side than on your back. Do not try to break your fall with your hands; it's better to have as many square inches of your body as possible absorb the impact of the fall. If in spite of thoughtful precautions, if you should ever suffer personal injury from a slip and fall accident, it's important that you quickly contact a slip and fall lawyer, who has the specialized knowledge necessary to handle your case. As in all other personal injury cases, car accidents or other accident claims, never speak with an insurance adjuster until you have met with a good personal injury attorney.

-Douglas Brannon

Motorcycle Injury Attorney - Help to Protect Your Legal Rights in an Accident

Accidents involving two-wheeled vehicles can be very lethal, particularly if the driver of the bigger vehicle is operating his or her vehicle in a risky or reckless manner. It is very important to hire a motorcycle injury attorney after your accident to ensure that you receive proper recompense for your injuries.
Motorcycle accidents are common everywhere because a motorcycle has no restraining device or impact-absorbing panels which are found in normal passenger cars. To know details about these cases, it is best if you consult a lawyer who is experienced in these types of cases.
Injuries are the first thing which you should take care of if you are ever involved in a motorcycle accident. Even if your injuries are not visible it is cautious to have a complete medical checkup because sometimes it can be internal and could worsen over time. Special importance should be given to the delicate region like neck, back and spinal cord.
Some of the most common injuries of a motorcycle accident include head injuries, severe femur injuries, serious internal injuries, neck and spine injuries, broken hands, arms and other bones. The injuries which you get inflicted upon due to the reckless and careless driving of another driver could require days to heal or they could be with you for a lifetime. At these times, if you consult a motorcycle injury attorney, they can give you an idea about the damages you can recover from the other party. They will also gladly agree to discuss your case at your residence if you are severely injured and cannot travel. They are there to help you to protect your rights and your way of life.
When hiring a motorcycle injury attorney, it is very important that you hire someone who is experienced in these types of cases. They should also be very familiar with the working of the insurance companies. The attorney whom you hire to represent your case should have unrelenting desire to protect your legal rights and to get you the compensation you deserve.
To prevent such accidents, you as a rider have to make the effort to stick to some safety measures. The riders should wear clothes which are easily noticeable and they should have reflectors on their bikes. They should drive their bikes with speed on busy highways and they should not drink while they are driving. If you follow these advises, you will prevent any kind of mishap in the future.

Just Before You Sign Anything Turn To A Personal Injury Lawyer

Here is a simple situation that most personal injury lawyers cope with regularly. You were at work and are needed to use a safety harness when operating a heavy piece of machinery. The safety harnesses are wearing thin and should probably have been replaced in the past, but the upper managers seem not to have noticed or not to have cared. While operating the machine, you fall outside the cabin, but rather than restrain you from falling, the harness snaps, sending you tumbling to the asphalt below.

When you stand up, your head is aching, your back is screaming, and there's a human resources representative attempting to help you to sign some form. What do you do under such pressure and confusion?

If you suffer from an on-the-job accident, the foremost and first thing to do is contact a qualified personal injury lawyers. Never sign anything, meet with anyone at length about the incident or accept money or other bribes. You require legal council to properly represent you and that has your best interest in mind. While you may believe that the workman's compensation your company offers is enough, personal injury lawyers will explain that you could possibly be qualified to much, much more given instances. They will assist you to file all possible claims.

In the above scenario, not only would the employer lead to workman's compensation and medical bills, but they might be responsible for the accident itself which would be a completely separate claim. Personal injury lawyers will assist you to identify who is at fault for the accident and then negotiate a reasonable settlement. You will probably be able to receive a large one time payment, which can assist in paying for aftercare and other unforeseen expenses while you are dealing with your injury.

Most people falsely think that since they often feel fine immediately following the accident, that they don't require medical assistance of the assistance of personal injury lawyers. Frequently, however, something may go unseen such as a fracture or other medical problem. These can then later return to haunt you years later, decreasing standard of living and costing you a fortune in medical bills.

Personal injury lawyers can help you claim not only your benefits and any other immediate claims you are entitled to, but can produce a case for permanent impairment when you've got serious and long-term injuries.Personal injury lawyers assist you to establish a strong case when court is required, negotiate settlements, file claims, and get you the money and care that you rightfully deserve following an accident at work. While it may seem expensive to hire one at first, you'll greatly reap the rewards in terms of greater settlements and long-term compensation. Never take an offer, settlement, or sign documents without the aid of a qualified and highly trained personal injury lawyer.

Understanding the Role of Injury Attorneys

In this life, you cannot tell whether something unfortunate will happen to you. You can be cautious all you want with regard to your actions, but you cannot say the same for everybody else. There is a high chance that you will get yourself involved in an accident at some point in your life. Considering the role of personal injury attorneys is a practical step that you might want to make. Understanding the steps involved in your injury case can be a complex thing. Even if you regard yourself as a highly knowledgeable person, you cannot play the part of an attorney, especially if you have any plans of going to court. This is for the same reason why attorneys are there. They are the people that you can rely on to. They will be able to represent you well in your case to resolve your problem.

Knowing personal injury types will enable you to properly file the case. Generally, personal injury can be categorized as negligence or intentional acts. An intentional act is when the injuries were sustained because it is meant to be. In other words, it is already planned. The intention of the offender is to bring harm to the victim. Most cases of intentional injuries include the following: assault, abuse, and defamation of character. Those mentioned are the most common and usual types of intentional liability.
On the other end, negligence is present when there is hinge on whether the suspected liable person exercised care for the safety of other people. Popular examples include automobile accidents, medical malpractice, and slip and fall accidents at workplaces or in public places.

Out of the two, personal injuries resulting from intentional acts are more difficult to prove because the attorney will have to present pieces of evidences that are strong enough to maintain the integrity of the accusation that you made. The lawyers must present details that will show that there is really an intention to harm the victim.

-George Fuller

Suffered a Car Accident that was not your Fault?

As car accidents vary from one another, so do the car accident claims and ultimately compensations. Car accident compensation claims are beginning to be more and more difficult to conduct efficiently, due to the high number of accidents which occur each year. The slightest mistake could prevent the injured party to build a valid case.
One of the reasons for the challenging situation with the accident claims involves the growing rate of accidents and the different companies and people who try to make a profit from other people's injuries. The best thing to do after the accident occurs is to identify the responsible parties and immediately secure a legal representative. If a representative cannot be found, it is best to say as few as possible and provide only the essential information needed to assure the authorities of the safety of the people involved.
Accident commission companies are approaching injured parties and offer a wide range of services, such as vehicle restoration, damage examination, a temporary car replacement, legal assistance, as well as insured and uninsured items recovery. The way these businesses make profit is by approaching the injured parties after the accident on-site or at the hospital. The services seem highly beneficial when people consider their losses, but ultimately, drivers actually pay more for a range of facilities which would be made available to them anyway through an effective personal injury claim.
As authorities get involved and provide each party involved with a document stating that the accident took place, the details are additionally included on the national archive for further investigation. To secure a safe position, a professional injury lawyer is recommended. He will first of all explain all the stages of the system which will enable the client to proceed with the car accident claim. Before choosing any legal service, one must make sure that it is suitable for him and the type of injury incurred.
Most esteemed legal representatives offer good quality services, but it is always good to make sure before starting any procedures: if 100% of the compensation is entitled to the injured party, if there is a deposit fee, if the costs for the legal proceedings will be covered by the responsible party and if there are any costs for initiating a claim.
In some cases it is relevant to know that if there are any passengers affected by the accident, whether they were on the injured side or the responsible side, they are entitled to make a car accident claim. The final compensation settlements are influenced by a number of factors. An estimate of 30% reduced compensation payments are due to ignoring the safety features such as the seat belt.
Also, drinking and driving can result in up to 60% reduced compensation, especially if the driver was accompanied by other passengers. In this case both passengers and driver injury compensation claims are reduced, as the passenger were presumably aware of the fact the driver had been drinking and was thus unable to drive. Some cases are settled with a fractional liability acknowledgement, after which the compensation payment is divided between the two parties. The amount each person receives varies depending on who was predominantly responsible. To reach the final conclusion, a thorough investigation is conducted.
Road legal vehicles use premium insurances each year to cover for any potential accidents or injuries occurred to the vehicles and their passengers. An injured party can proceed with any accident compensation claim if they benefit from the services of the insurance companies. To initiate a successful claim, securing a specialized legal representative is essential. Whether the circumstances are typical or unusual, highly qualified individuals will be able to assist any injured parties if the case proves to be valid.

- G Tucker

Representation Will Benefit In The Long Run

Although there is no law which says you need to hire a lawyer, in practical terms and regardless of how you feel about attorneys, it is difficult to handle a workers' compensation case on your own. With trained adjustors working for the insurance companies who have lawyers at their everyday disposal, hiring a qualified attorney is essential. Unless your case is extremely simple, a good lawyer is important to protect your rights. Trying to handle your own case may save you a penny but cost you a pound in the long run.

Hiring a lawyer is critical in any of the following situations:

-The employer denies you were injured on the job
-The carrier has denied benefits
-You cannot get medical treatment
-You are not getting paid
-The adjustor promises benefits or care which never arrives
-An attorney for the employer or insurance company contacts you and wants to take a deposition
-You want to sue a third person- You begin to represent yourself and you encounter someone on the other side who is particularly difficult and is trying to take advantage of your lack of legal expertise

These are but a few of the situations which arise and should make you consider hiring an attorney. Remember, the more problems you encounter, the more you probably need representation.

Choosing a lawyer is a personal matter. A lawyer generally has 19 years of formal education and must have passed a difficult exam to be able to practice law. This training combined with his legal experience constitutes his education. His education and experience are primary considerations along with the proven ability in the field of workers' compensation. Board certification shows that the practitioner has a high degree of experience and ability. Because there is a continuing relationship between the lawyer and the injured worker as a client, the personal nature of the relationship must also be considered.

Social Security Increases for 2011

FACT SHEET

Social Security

Cost of Living Adjustment (COLA):

Based on the increase in the Consumer Price Index (CPI-W) from the third quarter of 2008 through the third quarter of 2011, Social Security and Supplemental Security Income (SSI) beneficiaries will receive a 3.6 percent COLA for 2012. Other important 2012 Social Security information is as follows:

TAX RATE

Employee

2011: 7.65% *

2012:7.65% *

Self-Employed

2011: 15.30% *

2012: 15.30% *

NOTE: The 7.65% tax rate is the combined rate for Social Security and Medicare. The Social Security portion (OASDI) is 6.20% on earnings up to the applicable taxable maximum amount (see below). The Medicare portion (HI) is 1.46% on all earnings.

*Section 601 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 reduced, for wages and salaries paid in calendar year 2011 and self-employment income in calendar year 2011, the OASDI payroll tax by 2 percentage points, applied to the portion of the tax paid by the worker and the self-employed individual.

Maximum Taxable Earnings:

Social Security (OASDI only)

2011: $106,800

2012: $110,110

Medicare (HI only) N o L i m i t

Quarter of Coverage:

Earnings needed to earn Social Security Credit

2011: $1,120

2012: $1,130

Retirement Earnings Test Exempt Amounts:

Under full retirement age

2011: $14,160/yr. ($1,180/mo.)

2012: $14,640/yr. ($1,220/mo.)

NOTE: One dollar in benefits will be withheld for every $2 in earnings above the limit

The year an individual reaches full retirement age
2011: $37,680/yr. ($3,140/mo.)

2012: $38,880/yr. ($3,240/mo.)

NOTE: Applies only to earnings for months prior to attaining full retirement age. One dollar in benefits will be witheld for every $3 in earnings about the limit.

There is no limit on the earnings beginning the month an individual attains full retirement age.

Social Security Disability Thresholds:

Substantial Gainful Activity (SGA)

Non-Blind

2011: $1,000/mo.

2012: $1,010/mo.

Blind

2011: $1,640/mo.

2012: $1,690/mo.

Trial Work Period (TWP)

2011: $720/mo.

2012: $720/mo.

Maximum Social Security Benefit: Worker Retiring at Full Retirement Age

2011: $2,366/mo.

2012: $2,513/mo.

SSI Federal Payment Standard

Individual
2011: $674/mo.

2012: $698/mo.

Couple
2011: $1,011/mo.

2012: $1,048/mo.

SSI Resources Limits

Individual

2011: $2,000

2012: $2,000

Couple

2011: $3,000

2012: $3,000

SSI Student Exclusion

Monthly Limit

2011: $1,640

2012: $1,700

Annual Limit

2011: $6,600

2012: $6,840

Estimated Average Monthly Social Security Benefits Payable in January 2012:
All Retired Workers

Before 3.6% COLA: $1,186

After 3.6% COLA: $1,229

Aged Couple, Both Receiving Benefits

Before 3.6% COLA: $1,925

After 3.6% COLA: $1,994

Widowed Mother and Two Children

Before 3.6% COLA: $2,455

After 3.6% COLA: $2,543

Aged Widow(er) Alone

Before 3.6% COLA: $1,143

After 3.6% COLA: $1,184

Disabled Worker, Spouse and One or More Children

Before 3.6% COLA: $1,826

After 3.6% COLA: $1,892

All Disabled Workers

Before 3.6% COLA: $1,072

After 3.6% COLA: $1,111

Social Security Announces 3.6 Percent Benefit Increase for 2012

NEWS RELEASE
Social Security

SOCIAL SECURITY ANNOUNCES 3.6 PERCENT BENEFIT INCREASE FOR 2012

COST OF LIVING ADJUSTMENT IS FIRST SINCE 2009

Monthly Social Security and Supplemental Security Income (SSI) benefits for more than 60 million Americans will increase 3.6 percent in 2012, the Social Security Administration announced today.

The 3.6 percent cost-of-living adjustment (COLA) will begin with benefits that nearly 55 million Social Security beneficiaries will receive in January 2012. Increased payments to more than 8 million SSI beneficiaries will begin on December 30, 2011.

Some other changes that take effect in January of each year are based on the increase in average wages. Based on that increase, the maximum amount of earnings subject to the Social Security tax (taxable maximum) will increase to $110,100 from $106,800. Of the estimated 161 million workers who will pay Social Security taxes in 2010, about 10 million will pay higher taxes as a result of the increase in the taxable maximum.

Information about Medicare changes for 2012, when announced, will be available at www.Medicare.gov. For some beneficiaries, their Social Security increase may be partially or completely offset by increases in Medicare premiums.

The Social Security Act provides for how COLA is calculated. To read more, please visit www.socialsecurity.gov/cola.

-Kristen Alberino

Metropolitan Public Affairs Specialist

Social Security Administration

Quincy, MA

Preventing Repetitive Strain Injuries

In her article entitled "Preventing the Number 1 Occupational Health Problem: Repetitive Strain Injuries", author Teresa Long outlines the importance

"Think Your Massachusetts Injury Claim is Not Worth Pursuing? You May Be Wrong"

T

Hurt at Work? Know Your Legal Rights

Were you injured at work? If so, there is some crucial information you should know about the laws of Workers Compensation in Massachusetts. Check out this post by http://lawfirms.com/

Workers Compensation Laws in Massachusetts

Workers compensation is a system of laws meant to protect injured and disabled workers. The goal is to make sure someone injured at their workplace gets adequate medical care, lost wages relating to the on-the-job injury, and, if necessary, any retraining necessary to restore them to the workforce.

When a worker is killed on the job, members of the workers' families are typically eligible for workers compensation benefits. Injured workers may want to consult an attorney for advice in protecting their benefits and defending against any attempt to prematurely terminate their benefits.

Workers Compensation is Compulsory in Massachusetts

Workers compensation is compulsory in Massachusetts - employers must provide workers compensation insurance for their employees. The insurance may be provided through a private insurance carrier, or employers may self-insure. Waivers are not permitted.

Only domestic workers who work less than 16 hours a week are exempt.

Medical Benefits and Physician Choice in Massachusetts

Employees are allowed to make the initial choice of physician and full benefits are provided with no time or monetary limits.

Disability Benefits Provided in Massachusetts

In the state of Massachusetts, temporary total disability payments are a percentage of the worker's wage and may continue for up to 156 weeks.

Permanent total disability payments are calculated as a percentage of the worker's wage and typically continue for the duration of the disability. Benefits are offset by Social Security benefit.

Permanent partial disability benefits are allotted based on a percentage of the worker's wage and typically continue for up to 260 weeks, but may continue for up to 520 weeks. These benefits are offset by unemployment insurance and Social Security benefits.

Court awards are paid in addition to benefits and are not reduced because of receipt of disability benefits.

Death Benefits Provided in Massachusetts

An employee's surviving spouse, or spouse and children may collect death benefits, based upon a percentage of the employee's wages and subject to a cap. A minimum benefit is provided regardless of the employee's earnings. A burial allowance is also available.

Limits on Attorney Fees

Massachusetts workers compensation laws stipulate that attorney fees for claimants are limited to twice the state average weekly wage. Otherwise, claimants' attorney fees are set by the agency depending upon the manner in which the case is resolved. In certain cases, the attorney fee may be added to the award.

AIA Supports Massachusetts Workers' Compensation Legislation

Written by: Brianne Mallaghan

The American Insurance Association (AIA) testified today in support of workers' compensation legislation in Massachusetts that would promote competitive insurance rating among carriers requiring them to operate more efficiently and become more customer-focused. The testimony was presented at a hearing before the Committee on Labor and Workforce Development.

The legislation, House Bill 1853 and House Bill 1864, Acts Relative to the Competitive Determination of Workers' Compensation Insurance Rates, is an important and necessary change to the state's workers' compensation system, according to AIA.

"These bills would move Massachusetts to a 'loss cost' rate making system, similar to that used in 40 other jurisdictions, including all of the other New England states," said John Murphy, AIA Northeast Region vice president, noting that New York most recently passed legislation establishing a loss cost workers' compensation rating system in February 2008. "H. 1852 and H. 1864 do not affect or change the benefits injured workers receive or the process through which they receive them. The bills only change the way that rates for workers' compensation will be determined."

Murphy explained that under the loss cost approach, the commissioner would continue to review and approve the basic building blocks of the rates (known as the "loss costs") so that all companies share the common basis for making rates. The biggest difference from the current system is that under this legislation, companies would have to compete over the elembents within their individual control, such as administrative costs and profit, according to Murphy. The legislation also establishes ranges for the various components that go into making the final rate.

"Moving to a 'loss cost' or competitively rated system will promote stability and reliability for employers and insurers as the system will be de-politicized and based on the fundamental component of insurance pricing -- the actual loss costs," concluded Murphy.

AIA member companies write approximately 23% of the workers' compensation insurance coverage in Massachusetts.

The American Insurance Associaion represents approximately 350 major insurance companies that provide all lines of property and casualty insurance and write more than $123 billion annually in premiums. The association is headquartered in Washington, D.C. and has representatives in every state. All AIA press releases are available at www.aiadc.org.

Report Shows Many Children Not Riding in Child Car Seats

Children are required by law to ride in child safety seats. A recent report found many people who drive children are violating the law and putting children at major risk of danger, including death.

The report - done by the U.S. Department of Transportation - found that half of all children between ages zero and seven, who were skilled in car accidents, were not in child safety seats.

Parents and others who drive yound children should be sure the children are in child safety seats and the seats are used properly. A good brochure from the government on child safety seats is on the Department of Transportation's website, www.dot.gov.

Woman Recovers Damagers After Suffering Injuries From Dog Bite

Each year, over 5 million people suffer dog bite injuries. A recent case is a reminder that dog bite victims can make a claim to recover compensation for their injuries.

Janet H. was walking near her home when a pit bull left unattended by its owner bit her, causing severe injuries. Janet made a claim against the dog's owner, and a court awarded her damages. The court applied a rule most states follow: dog owners are liable for injuries their dog cases even if the dog hasn't hurt anyone before (provided the victim did not ignore warnings the dog might bite).

Obtaining Witness Information After an Accident

If you are in an accident, witnesses can be a big help, especially if there's a dispute over what happened.

At the scene of a car, slip and fall or other accident, get the names, addresses and work and home phone numbers of witnesses. Try to get this information from all witnesses. This includes workers, others at the scene, and people nearby. The reasons are that some people may move away or have trouble remembering details of the accident. Also, some witnesses see or hear things from different places, so it may be necessary to have information from several witnesses to fully piece together what happened. Questions may arise about conditions at the scene, like weather or lighting. So witnesses may be helpful even if they did not see everything.

After an accident, it may be hard to think clearly and you may just think other people will get witness information. But don't assume that other parties to the accident or the police (if they respond to the accident scene) will get witness information. Obtain this information yourself. It can go a long way to help you get the maximum compensation for your accident injuries and losses.

Answers To Frequently Asked Personal Injury Questions

Many people who have been in an auto or other kind of accident call us with questions. Here are answers to some often-asked ones.

Q. I was hurt in an accident and want to make a claim, but I'm concerned about legal fees. How will I be charged?

A. Most personal injury claims are handled on a contingent fee basis. This means there's no fee unless there is a recovery (there may, however, be court and other costs). The fee is a portion of the recovery.

Q. If I make a claim, how long will my case take?

A. The answer depends on several factors, including your injuries and the other side's willingness to resolve the matter. Many claims are resolved fast, while others -- often because the person's damages are not known for a while -- take longer. Every effort will be made to resolve your claim quickly, with the goal being to get you the maximum compensation.

Choosing the Right Personal Injury Lawyer After an Accident

If you are in a car, slip and fall or other kind of accident, one of the key decisions you will make is choosing the lawyer to represent you in your injury claim. Choosing the right attorney can impact whether you receive full compensation for your injuries and losses or bear some or even all of the damagers yourself. Here are some key factors to evaluate when selecting a personal injury lawyer after an accident.

• Experience. Successfully handling personal injury claims is complex, and it helps to have experience: hands-on dealing with insurance companies and their adjusters and knowledge of how insurance companies operate. A lawyer who has this experience and knows tactics insurance companies use to try to lower accident payouts is better able to guide you through the process and get you fair compensation.


• Skills. A lawyer with skills to negotiate your settlement and also courtroom skills in case the insurer won't settle fairly and your case must go to trial is a plus. Though most injury claims are settled without a trial, an attorney with trial skills won't be pushed around by a big insurer. This goes a long way to getting you the compensation you are entitled to obtain.


• Resources. Moving a claim forward can require significant resournces, including having the ability and finances to hire experts who can help reconstruct and present what happened. A personal injury lawyer with access to skilled experts - and who can help pay for these people while your claim is being pursued - is a valuable asset on your side.


• Representing your interests. A lawyer is sensitive to your needs and helpful to you in the process is a benefit. You and your lawyer are a team, and it is better to have a good working relationship.


• Knowledge of the law. You need a lawyer who knows the law of recovering compensation for personal injuries. Rules of "negligence", "fault", and damages" are complex, as are court procedures and many other legal issues. You want a lawyer who knows all the rules.

After an accident, it is vital to choose the right lawyer to handle your claim. Our law firm has the skills, experience, resources, knowledge and commitment to our clients to effectively handle auto and other accident claims. Our goal is to help you get the most compensation the law entitles you to receive for your injuries.

Woman Injured On Unsafe Apartment Stairwell Recovers Damages

Owners of apartment buildings are required to keep their premises safe for tenants. A recent case is a reminder that accident victims can make a claim to recover compensation for their injuries.

Alicia V. slipped and fell walking down stairs at her apartment building. She suffered serious injuries, including broken bones. She made a claim against the building's owner, saying it failed to properly maintain the stairwell even though it knew the stairs were often slippery and dangerous. The parties settled out of court, with Alicia receiving a large amount of compensation.

Study Shows Top Risk For Senior Drivers

A new study by an insurance trade group is important for all motorists, and especially senior drivers. It showed that over 40% of fatal crashes involving senior drivers are at intersections. This is much higher than any other age group.

The study gave several reasons why seniors have so many intersection accidents. The key one is many seniors don't yield to oncoming cars when making turns, even though they see cars approaching. Many seniors simply misjudge if there's enough time to safely turn. Younger drivers often do not see vehicles coming because they are distracted.

This study is an important reminder for seniors to be extra cautious when driving.

Man Injured By Air Conditioner Makes Product Liability Claim

Every year, thousands of people are injured by defective products. A recent case is a reminder that people injured by a defective product can make a claim to recover compensation for their injuries.

A man suffered severe injuries to his arm and wrist while moving an air conditioner. He made a claim against the manufacturer, saying the machine was not safely designed, since it had poorly-shielded sharp parts that caused his injury. The parties reached an out of court settlement, with the man receiving damages.

Personal Injury Q + A

Q. I was in an auto accident. Can any lawyer help with my insurance claim?

A. Though lawyers can handle different kinds of cases, after a car accident, it's usually best if your claim is handled by lawyers experienced in personal injury claims, such as our office. Accident claims are complex, and a lawyer's training, skills, experience and resources can pay off for you in the form of a higher financial recovery. Personal injury lawyers who have successfully handled many accident cases are often the best equipped to handle complicated issues, tough negotiations with insurance companies and, when necessary, trial of your case.

Q. How do I know how much to settle my accident for?

A. This is a crucial question, since after your claim is settled, you usually cannot get any more money. Your lawyer can be especially helpful with this question, since lawyers know the different types of damages you can receive after an accident. They also know what courts have awarded for accidents and injuries like yours, and can evaluate the strength of your case. By considering these and other factors, your lawyers can help estimate the value of your claim. You can then evaluate if a settlement is fair.

CNN Investigation Exposes How Insurers Mistreat Accident Victims

Two CNN reporters did an 18-month investigation of how insurers handle car accident claims. Their findings were troubling, but no surprise to anyone who has been victimized by insurance industry tactics.

The report focused on common types of car accidents -- fender benders that cause moderate damage and injuries to the victim's soft tissue, which are hard to see and hard to show by medical examination or x-ray. The report found that insurance companies often:

• delay handling your claim,


• deny that you were hurt, or


• cost you money by forcing you to go to court.

The reporters even obtained an insurance company's training manual which told claims adjusters to try to force small settlements.

A former adjuster told CNN she used these tactics, sometimes offering poor victims as little as just $50. The adjuster knew poor people would take small settlements, fearing that otherwise they would get nothing. An insurance company lawyer admitted the company's strategy was to make fighting the company so costly and time-consuming that even lawyers would not be willing to fight for clients.

According to the CNN report, these tactics have forced accident victims to settle and walk away from billions of dollars, letting insurers keep these amounts for themselves.

Another former employee told the CNN reporters that insurance companies profit from using these practices; that the profits are good and as long as the public lets this occur, insurance companies will get richer and people will not get fair and reasonable settlements.

Insurance companies naturally deny using these tactics. But many people feel they have been victimized twice. First in a car or other accident. Then when a claim is submitted and the insurer wrongly delays and denies the claim, offers only low-ball settlements, and runs up the victim's cost by forcing the claim to court. CNN's investigative report tends to show this is true.

Don't be a victim of unfair insurance company practices. after a car accident, consult your lawyer about your rights to make a claim, and about fair value of your claim. Getting a lawyer's help with your insurance claim can help you get a larger and faster settlement. If the insurance company won't make a fair settlement, your lawyer can advise you on your rights to pursue a claim.

Read the full article at CNN.com: http://www.cnn.com/2007/US/02/09/insurance.hardball/index.html

Study: Many Truck and Bus Drivers Have Serious Medical Conditions

A recent study by the U.S. government is a reminder to be extra careful when driving near large trucks and buses.

The study showed that over 500,000 people licensed to drive commercial vehicles like trucks and buses are eligible for government disability benefits due to serious medical conditions. This is around 5% of licensed commercial drivers.

To help increase your safety when driving near trucks and buses, never cut in front of them, since they take longer to stop than smaller vehicles. Also, stay out of their blind spots. As a general rule, if you can't see the truck driver's face in his or her mirror, then he or she can't see you.

Read this article at http://www.insurancejournal.com/news/national/2008/07/22/92082.htm

Woman Hurt By Falling Merchandise at Store Receives Damages

Many injuries occur in large warehouse stores, where merchandise is often displayed very high, increasing the risk items will fall. As a recent case shows, people hurt by falling merchandise can make a claim to recover compensation for their injuries.

A woman shopping at a national chain store suffered severe injuries after several boxes of detergent fell from a shelf onto her head, neck, and back. Because of her injuries, the woman had to stop working. She made a claim against the store, which argued she wasn't hurt as badly as she said. But a court ruled for the woman, awarding her a substantial amount of compensation.

Making An Injury Claim Doesn't Automatically Mean Going To Court

Many accident victims think that if they make a claim to recover compensation for their injuries, the procedure will involve many court hearings and they will have to go to court. As such, one of the first things most accident victims want to know is whether their claim will be settled or there will be a lawsuit.

Though no one knows what will happen in a specific case, most personal injury claims -- over 80% according to several studies -- are settled out of court.

Even though most injury claims are settled, a small percentage result in lawsuits. An insurance company may dispute aspects of a claim, so a lawsuit is needed to get what the accident victim is entitled to receive. Even if a lawsuit is filed, there likely won't be a full trial, as cases can settle at any time. According to several studies, only about 3% of cases had a trial.

If you are in an accident, don't let the fear of going to court stop you from making a claim. You could be giving up a valid claim that lets you recover compensation for your injuries. Also, if your injury claim is like most others, it will be resolved without you going to court.

After An Accident: Don't Make These Mistakes!

If you have been in an accident, what you say and do after it can affect your compensation. Here are some common mistakes accident victims make, and how to avoid them.

Handling a personal injury claim without a lawyer's help.

After an accident, an insurance adjuster will likely try to convince you not to use a lawyer, saying a lawyer won't get you more money. But handling your claim alone can be a big mistake. Adjusters work for the insurance company, not you, and they say this so the company can pay you less money. Studies show accident victims receive more with a lawyer's help. So don't make the mistake of believing adjusters who say a lawyer won't increase your compensation.

Giving statements to adjusters without consulting a lawyer.

After an accident, an adjuster may try to get taped statements from you. Adjusters are trained to get people to make damaging statements, and anything you say will be used to lower your compensation. So don't make the mistake of giving a statement to an adjuster without consulting your lawyer.

Signing insurance company documents without legal advice.

Just as adjusters try to get you to make damaging statements, they may also try to get you to sign documents that help the insurance company. These documents could effectively end your claim for little money. Don't make the mistake of signing documents without consulting your lawyer.

Waiting to seek legal help.

The longer you wait to get legal help after an accident, the harder it can be to find evidence and witnesses. If you wait, you also risk losing your claim because the deadline for making claims may expire.

Settling too fast, before all your injuries are known.

Many accident victims think they suffered only minor injuries and accept a fast settlement. Later, they discover their injuries are worse than they thought, but they can't get more money. Since many injuries take time to develop, don't make the mistake of settling your claim before knowing the extent of your injuries.

These are some mistakes accident victims make that hurt their case. If you have questions about what to do after an accident, call us at 1-800-339-3332. Seeking legal help promptly will help you avoid these and other mistakes.

Have you suffered from a personal injury? Review this checklist to ensure you've taken all the necessary first steps

• Write down anything and everything about the accident: This may include information about the actual accident, people, places or things involved, your injuries, any damages or losses as a result of the accident (including wages), diagrams, and any other information pertinent to the accident. Be sure to exchange names, addresses, phone numbers, driver's license numbers, insurance companies and policy numbers with the other driver.
  


• Take notes on your thoughts, feelings, and conversations immediately after the accident: Jotting down these things immediately after the accident will be extremely helpful in the long run when trying to put together the facts of the case. Additionally, recording these immediate reactions and things you hear others say regarding the accident will prevent external factors from altering your recollection of the accident.
  


• Gather all the evidence: Document and take pictures of your injuries, and take pictures of the scene of the accident, as well. This serves as concrete evidence, and therefore cannot be disputed. Additionally, revisit the scene within a day or two of the accident. Immediately following the accident things tend to be hectic and important pieces of evidence may very well be overlooked. By revisiting the scene you may come across crucial evidence.

• Locate witnesses: Locating and getting the contact information of witnesses at the scene is imperative and may help your case. These witnesses may confirm your statements as well as provide additional information in your favor that you may have been unaware of. However, make sure these witnesses are contacted very shortly after the accident. Witnesses, too, may forget crucial information regarding the accident, or their memories may be altered. Contacting these people immediately will ensure they give you an accurate, unbiased account of the accident.
  

For more information regarding personal injury, please visit http://www.nolo.com/article.cfm/pg/1/objectId/A91ED912-D240-4BED-9C05E4DF0D1B9365/catId/8FA0132B-91C2-4773-828573F2D3D58DFA/104/199/215/ART/

Common Workplace Injuries

Have you ever been hurt on the job? Even a small injury could make you eligible for Workers' Compensation. Below is a list of the most common workplace injuries that are often overlooked.

• Lifting Injuries: Heavy lifting is one of the most common workplace injuries. These often result in musculoskeletal disorders (MSD), which is defined by the U.S. Department of Labor as an injury or disorder of the muscles, nerves, tendons, joints, cartilage or spial discs, and tend to keep you out of work longer than other workplace injuries. These are often characterized by back or muscle pain which make simple movements very difficult. Heavy lifting is common and acceptable in the workplace, as it is not the heavy lifting that causes the injury. Rather, the injury is caused by improper lifting techniques.



• Use of Heavy Equipment: Injuries involving heavy equipment is much more applicable to those in the construction and manufacturing fields, as these workers use heavy machinery to work more efficiently. Injuries involving heavy equipment are often the result of an accident or negligence. Regardless, one is still eligible for workers' compensation benefits.



• Automobile Accidents: Those who use a vehicle for work is at risk for an automobile accident. These people can include salesmen, delivery people, and anyone else driving a car for a work-related purpose. Workers' compensation benefits are available to anyone who qualifies, regardless of who was at fault in the car accident.



• Falls From Heights: Falling at work is one of the most common workplace injuries. Falling at work often results in injuries such as sprains, pulls, tears, fractures, and breaks. These injuries often result in time lost from work. Therefore, those who suffer from a fall at work are entitled to workers' compensation benefits during the time they are out of work.

Please be aware that an injury or illness is considered work-related if something in the workplace caused or contributed to the condition, or if a pre-existing condition was aggravated. To avoid a workplace injury, be sure to know of the risks in the workplace. For example, be aware of any machinery that can burn you, cut you, etc. Knowing how to properly utilize the machinery will decrease the likelihood of being hurt by the machine. Also, do not over-exert yourself. Excessive lifting, for example, not only can cause back strains, but it can also lead to overexertion of heart and lung muscles. Recognize when it is too much and have someone assist you. For more tips on staying safe and avoiding workplace injury, please see http://www.injuryboard.com/help-center/articles/how-to-stay-safe-and-avoid-workplace-injury.aspx

To request more information regarding your case, please contact Ladas & Ladas, P.C. at 1-800-339-3332

Injured on the job? Find out what to do and the benefits of Workers' Compensation

Workers' compensation is essentially a negotiation between an employee and an employer. Rather than an employee suing their employer if they are hurt or get sick on the job, the employee is entitled to workers' compensation insurance. As the employee under workers' comp, you are entitled to:

• medical care (paid for by your employer);



• temporary disability benefits (payments due to lost wages because of your injury or illness);



• permanent disability benefits (payments made if you never completely recover);



• vocational rehabilitation (job placement counseling and retraining if you are unable to return to your job); and



• death benefits (payments to your spouse, children, or other dependents if you die from a work-related injury or illness).

Unlike other types of insurance, workers' comp does not require you to prove your injury or illness in the work place was someone else's fault. By law you are entitled to receive medical treatment for your work-related injury or illness, but again, you are banned from suing your employer.

If you are hurt on the job, it is imperative you report it to your employer immediately. This will help ensure there are no complications in receiving the benefits you are entitled to. The employer may investigate the injury to make sure your claims are legitimate. The next step is getting emergency treatment if necessary. You should inquire whether your employer has a preference as to where you should go for treatment. If you are going to lose six (6) or more days of work due to your injury or illness, you should contact a lawyer to help you with your claim.

Call the Law Offices of Ladas & Ladas, P.C. at 1-800-339-3332.

For more information regarding Workers' Compensation, please visit http://www.workerscompensation.com/massachusetts.php