Pokemon Go Injuries, Crashes, and Legal Tips

You know it’s not a good idea to play Pokemon Go while you drive. But you just can’t help it! The game is so captivating and you feel — unsurprisingly considering the hype about this augmented reality app — that you gotta catch ‘em all.

Since its release, Pokemon Go has already been involved in a lot of accidents, injuries, and even crimes. Police departments have been tweeting at players to pay attention on the road to no avail, and even pedestrians are having trouble staying safe while playing.

Pokemon No!

Yesterday a teenager in Melbourne, Australia, 19, crashed his car into a school building while playing Pokemon Go, reports the Australian news website The Age. The local police spokesperson’s quote about the accident says as much about the popularity of the game as it does about the incident itself.

Julie-Anne Newman is clearly steeped in the lingo and spirit of Pokemon Go. She told reporters, “The 19-year-old did not level up nor collect any stardust or candies only debris from the crash. Any ‘Poke balls,’ eggs or potions the driver may have had remaining only attracted police, leaving the wild Pokemon for another day.”

Suggestions from Police

Here in the United States, police have also prepared for Pokemon Go, with detectives and chiefs becoming steeped in the language of the game and even accidentally catching fugitives with these efforts. But there have also already been accidents and injuries for distracted drivers and walkers.

In Auburn, New York, a driver crashed his car into a tree this month, just after Pokemon Go was released. The local police chief reportedly provided a convenient list of tips for local game players with the following suggestions:

• Do not use the application when you are operating a motor vehicle or bicycle.
• Do not trespass on private property when trying to “catch” a Pokemon.
• Be aware of your surroundings when walking and do not stare down at your phone not knowing hazards around you, like roadways, drop-offs, waterways, etc.
• Use caution when sharing your location as strangers can see your location information.
• Travel in groups in public/well lit locations.

Watch Where You Walk

Perhaps the most amusing of the Pokemon Go accidents happened on foot, when two Los Angeles youth walked off a real cliff in an effort to catch the imaginary cartoon creatures on their smartphones. According to USA today, the real boys chasing the fake characters were extricated from the beach below the cliff by the actual fire department, using genuine ropes and harnesses.

Injured?

If you have been injured in an accident caused by the negligence of another, speak to a lawyer. Tell your story. Many attorneys consult for free or a minimal fee and will be happy to assess your case.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Playing Pokemon Go Is Causing Real Injuries (FindLaw’s Injured)
• Sinister Side of Pokemon Go Shows Itself (FindLaw’s Legally Weird)
• Police Nationwide Warn Players About Pokemon Go Crimes (FindLaw Blotter)

from Injured http://blogs.findlaw.com/injured/2016/07/pokemon-go-accidents-injuries-crashes-and-legal-tips.html

How J&J Offered $1.3M to Silence a Talcum Powder Victim

Talcum powder used to seem soft and sweet and clean and was associated with good things, like newborn babies. But today the powder, which has made its way into countless cosmetic and other products, is associated with ovarian cancer.

Now, women all over the country are suing Johnson and Johnson, the premiere talcum powder purveyor, for fraud, negligence, and failure to warn of the risk of ovarian cancer created by use of the stuff. For decades, many have sprinkled it in their underwear, unaware that the product was dangerous. The company, however, did know for some time it seems, and tried to hide this fact.

Baby Powder Problems

Diane Berg, a woman from Sioux Falls, South Dakota, was diagnosed with ovarian cancer at age 49. She was a longtime user of talcum powder, sprinkling it in her underwear to keep fresh. In 2006, she discovered that the product was actually killing her. She sued Johnson and Johnson. The company offered her a $1.3 million settlement in 2013.

But there was a condition. Berg, a physician’s assistant, would not be allowed to speak out about the dangers of talcum powder. She refused the settlement, telling reporters her case has never been about money.

She wanted to warn other women about the dangers of this product. With respect to this mission, the physician’s assistant was successful. The jury affirmed the connection between talcum powder and ovarian cancer. But Berg did not recover damages, reportedly.

She did, however, establish a connection that has been affirmed since. Johnson and Johnson knew about the powder’s dangers but hid it from women. A juror in a case that found Johnson and Johnson liable to the tune of $62 million in punitive damages and $10 million in compensatory, stated that internal documents revealed that the company was hiding information. It continued marketing the product despite knowing it was dangerous.

Ill or Injured?

If you are ill or injured due to a defective product or the negligence of another, talk to a lawyer. Tell your story. Many attorneys consult for free or a minimal fee and will be to talk.

Related Resources:

• Injured by a talcum powder-based product? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Johnson & Johnson to Pay $55M in Talcum Powder Case (FindLaw’s Injured)
• Johnson & Johnson to Pay $72M in Talcum Powder Case (FindLaw’s Injured)
• Johnson & Johnson Hit With Another Baby Powder Lawsuit (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/07/how-jandj-offered-13m-to-silence-talcum-powder-victim.html

Top 5 Swimming Pool Injury Questions, and Answers

For many of us, summer time is pool time. Whether that means rolling the tarp off the pool in the backyard and hosting a party or taking the kids to a public pool for the day, we're going to be spending a lot of time in and around the water. And where we spend a lot of time, injuries are bound to happen. So whose fault is it if you're injured at a pool, and are you liable for injuries at yours?

Swimming pools actually occupy a unique place in injury law, and can provide unique challenges for pool owners and those injured at pools. So here are the five biggest questions when it comes to swimming pool injuries, and where you can find the answers:

1. Pool Accidents: What Swimming Pool Laws Apply?

Because so many people have swimming pools and there are so many pool-related accidents every year, there are specific injury laws that only apply to swimming pools. And there are also different laws that apply to private pools as opposed to public pools. Find out which may apply to your case.

2. If I Slip and Fall at a Pool, Can I Sue?

You were hurt at a pool, and the owner should compensate you for your injuries. Unfortunately, it's not always that easy. Proving the owner was negligent can be more complicated than we expect.

3. Is Your Swimming Pool an Attractive Nuisance?

It's a phrase most of us don't come across in our daily lives, but when it comes to owning a swimming pool, having an "attractive nuisance" on your property can mean thousands or millions of dollars in legal liability. Find out how to protect yourself.

4. My Neighbors Just Built a Pool - Do They Need a Fence Around It?

Part of owning an attractive nuisance is taking the steps necessary to prevent attracting injuries. Many state statutes and court precedents require pool owners to fence off their pools or otherwise prevent children from wandering in.

5. Are Hotel Pool Liability Waivers Enforceable?

It may have been language in the hotel's check-in paperwork or maybe a sign by the pool, but does merely saying that the hotel isn't responsible for swimming pool injuries make it so?

If you have more questions about swimming pool injuries, in general or specifically, you should contact an experienced personal injury attorney in your area. He or she can advise you on local laws and most are willing to talk to you about your case for free.

Related Resources:

• Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Swimming Pools Laws and Liabilities Round Up (FindLaw's Injured)
• 3 Key Factors in a Swimming Pool Injury Suit (FindLaw's Injured)
• 6 Tips to Lawsuit-Proof Your Pool Party (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/07/top-5-swimming-pool-injury-questions-and-answers.html

Theranos Sued for Voided Blood Tests, Plaintiff Seeks Class Action Status

Theranos, the revolutionary blood testing company founded by Stanford dropout and Silicon Valley wonder Elizabeth Holmes, is having a bad year. The company is under investigation for securities fraud, in June its pharmacy chain partner Walgreens broke ties and shut down all of its Theranos blood draw centers, Holmes has been barred from owning or operating a blood lab for the next two years, and lawsuits abound.

The latest claim comes from a patient who says that his faulty Theranos blood draw results contributed to his having a heart attack. The plaintiff, going by RC, seeks class action status for his lawsuit filed in federal court in Arizona.

Early Enthusiasm

According to Tech Crunch, RC's case is just one of at least nine civil suits Theranos now faces. The company's technology was going to revolutionize the way that blood is drawn and tested, but it seems that the enthusiasm about Theranos was premature.

Theranos partnered with Walgreens pharmacies to provide blood testing services using its proprietary Edison system. Supposedly one drop of blood could reveal hundreds of different diseases, so the pharmacy chain decided to create Theranos centers in about 40 stores across the country.

Edison Method

The Edison method, the one invented by Elizabeth Holmes, takes a lot less blood than traditional blood draws. Only one drop was supposed to reveal hundreds of diseases. But, it turns out that the Edison method also gives a lot less accurate results than traditional blood draws.

In his lawsuit, the plaintiff RC says that his doctor told him to monitor his blood and made recommendations based on the plaintiff's Walgreens Theranos test results. But one month later the plaintiff had a heart attack and found himself in the hospital. There, it became apparent that the blood test results he gave his doctor and that were obtained from a Walgreens Theranos center were incorrect. Now RC is saying that Theranos contributed to his heart attack by providing faulty results that misled him about what actions were necessary.

Voided Tests

RC's claim has some support -- the plaintiff's tests were later voided along with those of thousands of other patients who used the Edison method in 2014 and 2015 at Walgreens. Theranos voided the tests as part of an effort to comply with the requirements of the Centers for Medicare and Medicaid Services (CMS), and Elizabeth Holmes was just barred by CMS from owning or operating a blood lab for the next two years.

As for RC, he is seeking class action status, hoping his suit will be a representative claim for others who were injured by the Theranos blood draws. The plaintiff is seeking unspecified compensatory and punitive damages.

Injured?

If you have been injured due to a defective product or due to the negligence of another, speak to a lawyer. Tell your story. Many personal injury attorneys consult for free or a minimal fee and will be happy to assess your case.

Related Resources:

• Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
• Class Action Cases (FindLaw's Learn About the Law)
• Can I Start a Class Action Lawsuit? (FindLaw's Injured)
• Proving Fault in Medical Malpractice Cases (FindLaw's Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/07/theranos-sued-for-voided-blood-tests-plaintiff-seeks-class-action-status.html

Social Media Tips for Personal Injury Victims During a Lawsuit

You post it all. You are one of those people who feel compelled to share -- every thought in your head, meal you eat, movie you see, and article you read is documented online. In fact, you announce your activities with such regularity that it never occurs to you to keep some things to yourself at certain times. But you should if you are involved in a personal injury lawsuit. Your status updates and other posts can be used against you in court.

Calculating Damages: Social Media Can Damage Your Case

When you sue someone for injury due to their negligence and claim damages, you will most likely also seek compensation not only for your expenses but for your pain and suffering. It is difficult to quantify pain and suffering precisely, unlike medical bills, and the defense is always going to try to minimize these kinds of damages. Do not help them to prove you did not really suffer and will not in the future by providing evidence that you're perfectly fine and having a great time.

For example, say you were injured in a car accident and have been having back problems. Your legal filings extensively document all the limitations on your mobility that the doctor has noted were caused by the accident. As part of your damages, you state that you can no longer enjoy the activities you once loved, like going to the gym or playing golf.

But your Facebook page has an extensive collection of photos showing you playing golf since the accident. There you are in Scotland and there you are in Florida, showing off your awesome swing. That online photo album can be used to contradict your claims of pain, suffering, and limitations on mobility.

Status Update

As tempting as it may be to dream aloud or share your difficulties with friends and family online, try to avoid it. Your seemingly innocuous comment about what you plan to do with your injury case settlement money, for example, can be used to try to prove that your claims are inflated.

Your best bet is to remain circumspect online during the pendency of your case, and for some time after just to be safe. You can still express yourself, but be thoughtful. Do not say anything you would not want used against you in court.

Talk to a Lawyer

If you have been injured in an accident or any other context and believe it was due to the negligence of another, speak to a lawyer. Many personal injury attorneys consult for free or a minimal fee and will be happy to talk.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• First Steps in a Personal Injury Claim (FindLaw's Learn About the Law)
• Meeting With an Attorney (FindLaw's Learn About the Law)
• Take Incident and Injury Notes (FindLaw's Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/07/social-media-tips-for-personal-injury-victims-during-a-lawsuit.html

What Injury Cases Go to Arbitration?

Not all personal injury cases make it in front of a jury. Some are dismissed outright, but the vast majority are settled before the need for a trial. These settlements can happen after negotiation between the parties or through some means of alternative dispute resolution like arbitration or mediation.

Whether an injury case goes to trial or arbitration can have an enormous impact on the outcome, so why do certain claims go to arbitration?

Voluntary Venue

Some parties look at the time and costs of a court trial and decide that arbitration may be a quicker and more cost efficient manner of resolving the dispute. In an arbitration scenario, the two sides select an impartial third party, known as an arbitrator, and agree in advance to comply with the arbitrator’s award. Then they have a hearing or series of hearings at which both sides can present evidence and testimony until the arbitrator comes to a final decision.

This out-of-court method can be more streamlined, since it removes the formalities of court dates, filings, and jury selection, and more fluid, since it may allows more freedom in presenting evidence. Therefore either party might prefer to voluntarily use an arbitrator instead of a judge or jury to settle the matter, though both parties must agree to arbitration.

Contract Clause

In some cases, however, the parties may have no choice but to go to arbitration. More and more contracts these days include an arbitration clause that mandates arbitration in the event of a breach of contract or disagreement about contract terms. These clauses are often inserted to manage the litigation costs of one party or both in some cases. More cynically, some parties to a contract think they are more likely to get a sympathetic arbitrator than jury.

Arbitration clauses are difficult to escape — most are upheld as valid and binding on both parties. Although some mandatory arbitration clauses in terms of service have been overturned in court or abandoned by companies.

If your personal injury claim is bound by an arbitration clause that doesn’t mean you’ve already lost, nor does it mean you don’t need a lawyer. An experienced personal injury attorney can represent your case in arbitration just as well as in court — consult with one today.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Can an Arbitration Clause Affect Your Injury Claim? (FindLaw’s Injured)
• How Long Will It Take to Settle My Injury Lawsuit? (FindLaw’s Injured)
• Arbitration & Mediation (ADR): Articles (FindLaw’s Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/07/what-injury-cases-go-to-arbitration.html

Shark Bite Injury Case Brought Against Drunk Dive Instructor

Sharks are terrifying, which is why so many movies are made about them terrorizing us, like Jaws and the four Sharknados. But some people won’t be satisfied with the thrill of film and must see these creatures up close, and sometimes those who swim with sharks get hurt.

A federal judge last week denied a motion to dismiss from defendants associated with a maritime tour that takes people to swim with sharks. The plaintiff says she was bitten by a shark when her allegedly drunk dive instructor negligently fed the creature bait that led it to her, and the court is allowing her claim to go forward under federal maritime law.

The Legal Issue

At issue, according to the defendants, was jurisdiction, or whether the case should be heard in federal court under maritime law. They argued against it, saying there was no nexus between the incident and the maritime activity involved. According to Courthouse News Service, for a maritime claim to survive a motion to dismiss, it must pass the relationship test, showing a connection between the incident and maritime activity. In other words, the incident must be connected to commerce and navigation on the high seas or other navigable waters.

The court found such a relationship in this case, writing, “All defendants benefited from [the plaintiff] paying a fee to travel in a boat in the ocean to a location where the dive leader guided her and others on a cage-free expedition with sharks. Her activity, and consequent injury, depended on the relationship of the parties; she could not have participated in the activity if any of the four named parties were absent.”

The Injury

For the plaintiff, this is a win, but it’s just the beginning. She must still prove her case, showing that the defendants’ negligence caused her injury in order to recover damages. In her claim, she argues that her dive instructor was drunk when he fed bait to a nearby shark who then chomped on her calf.

The defendants disagree. They don’t characterize the injury as a bite and deny the dive instructor was drunk. Counsel for two of the defendants told Courthouse News Service that the plaintiff’s injury is not a shark bite but a laceration resulting from a bad encounter with a wild animal.

Sure, that sounds like an elaborate way to describe a shark bite injury. But that is for the judge or a jury to decide when the case proceeds to trial.

Injured?

If you were injured due to the negligence of another, talk to a lawyer. Tell your story. Many personal injury attorneys consult for free or a minimal fee and will be happy to talk.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Meeting With an Injury Attorney (FindLaw’s Learn About the Law)
• Personal Injury Law; The Basics (FindLaw’s Learn About the Law)
• What Happens at Trial? (FindLaw’s Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/07/shark-bite-injury-case-brought-against-drunk-dive-instructor.html

Top 10 Car Accident Claim Questions

This is roundup of previous posts in our series on car accident claims. Many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help.

Every car accident, even the standard fender bender, is unique. And sadly, some accidents are more serious than others. So getting answers to your car accident questions may require more specifics and a conversation with a good car accident attorney.

There are, however, some general principles that apply to most car accident claims. So here are ten of the most common car accident questions from our archives, and where to find the answers.

1. Car Accident Investigations: How Do They Work?

Any car accident involving car damage or personal injury will be investigated to some degree -- find out how and by whom.

2. Do I Need to File a Car Accident Report With the Police?

You may not need to call law enforcement for a love tap at a stop sign. But for anything more serious, having a police report can help.

3. Should I Take Car Accident Pictures?

It never hurts to have evidence of what happened in a car accident. So if you're able, you may want to document the scene as best you can.

4. Do I Need a Witness to Prove a Car Accident Claim or Case?

Lacking an eyewitness to your car accident may not break your case, but having one may make it.

5. Car Accident Claims: What Are General Damages?

The money you can recover for car accident injuries is normally split into two types. General damages are an attempt to account for pain and suffering, mental anguish, and loss of consortium.

6. Car Accident Claims: What Are Special Damages?

Special damages, on the other hand, attempt to compensate you for medical expenses, damage to the car, and the loss of present and future income.

7. How Do I Make a Pain and Suffering Claim After an Accident?

Proving emotional injuries after a car accident can be difficult. But that doesn't mean it's impossible.

8. Car Accident Death: What Are Your Rights?

God forbid someone is killed in a car accident. But if it happens, surviving family members may have a legal claim for damages.

9. Is Cheap Gas to Blame for Rise in Car Accidents, Fatalities?

There's been a recent spike in fatal car accidents, and the National Highway Traffic Safety Administration thinks it might be due to more time spent on the road thanks to cheaper gas prices.

10. Car Accident Claims: Do I Need My Own Lawyer?

When it comes to finding answers to questions about your car accident claim, your best source of information will be an experienced personal injury attorney. Most are happy to consult with you about your case for free, so contact one today.

Related Resources:

• Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Car Accident Back Pain: 3 Legal Steps to Take (FindLaw's Injured)
• Hit in a Rear End Collision? 3 Things to Do Next (FindLaw's Injured)
• After a Car Accident: What You Need for an Insurance Claim (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/07/top-10-car-accident-claim-questions.html

Who Is Liable for Injury on Private Beaches?

Owning private beachfront property is a dream for many and attainable for only a lucky few. But those who don't live the dream can still enjoy private beaches.

In fact, many states encourage property owners to allow recreational use of private lands by limiting liability. State statutes vary and the specifics are important, so do check local law before making any assumptions about going to the beach. In the interim, let's consider some general principles.

Private Property

Private property owners are generally liable for injuries that occur on their premises and owe a duty of care to their guests. But when the guests are a bunch of strangers and the property owner is just being generous by allowing the public to access the space, the property owner will generally not be liable for injuries for unknown hazardous conditions. 

Florida, for example, states that a private property owner allowing their land to be used for recreational purposes by the public, does not owe a duty of care to the public. If, however, the land owner profits from entrance on the land, then that limitation on liability does not exist, providing as follows:

The Legislature recognizes that an area offered for outdoor recreational purposes may be subject to multiple uses. The limitation of liability extended to an owner or lessee under this subsection applies only if no charge is made for entry to or use of the area for outdoor recreational purposes and no other revenue is derived from patronage of the area for outdoor recreational purposes.

Outdoor Recreation 

Tommy L. Brown from Cornell University's Natural Resources Department provides insight on recreational use of private land in New York. He points out that private land use liability cases often involve a complicated intersection of laws on trespass and liability, among others.

He writes, "The New York State Legislature was among the first in the nation to realize how much people depend upon the use of private property for outdoor recreation." In 1956, it created General Obligations Law (GOL) 9-103. This limited liability of landowners who allowed hunting, fishing, trapping, and training of dogs on their property when no fee is charged and the landowner receives no other consideration from the recreationist. Since then, many recreational noncommercial activities have been added to this list, but not swimming.  

Who Can Sue?

Just because a statute states that liability is limited, doesn't mean that no one can or does sue. Anyone can sue but whose suit will succeed depends on numerous factors. The real question is whether the plaintiff can successfully recover damages for injuries incurred on the private land. Ultimately, the details of a case will make all the difference, which is why people do still sue, despite the existence of such statutes.

Injured?

If you have been injured on private property or elsewhere, speak to a lawyer. Many personal injury attorneys consult for free or a minimal fee and will be happy to talk.    

Related Resources:  

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Injuries A to Z (FindLaw's Learn About the Law) 
• Meeting With an Injury Attorney (FindLaw's Learn About the Law) 
• Starting the Case: Initial Court Papers (FindLaw's Learn About the Law) 

from Injured http://blogs.findlaw.com/injured/2016/07/who-is-liable-for-injury-on-private-beaches.html

Baby Bike Seat and Trailer Injuries

You are a parent and you want to take your kid with you everywhere. Whether you have a little backpack to carry the tyke or a seat mounted on the back of your bike, yours is a mobile and active baby. Now you are considering getting a bike trailer. Should you do it and what kinds of injuries might occur? Let's consider.

State Laws

Your baby is your own to raise as you see fit, but you do still have to adhere to state laws. Many states limit the age at which a child can participate in certain activities, like sitting in a trailer behind their parents' bike.

According to biking website Icebike, many states, including New York, will not allow parents to ride with their child in a trailer or on a seat mounted on the bike until they are a year old. The reason for this is because the baby's skull is too soft before that age and can be easily damaged.

Even if your child is old enough to ride in a trailer, do ensure that it is amply padded, as Icebike writes that constant movement against the trailer could lead to brain damage in a child, especially on bumpy or unpaved roads. Don't take any risks that could lead to long-term consequences. Make sure your kid wears a helmet inside the trailer.

Seats v. Trailers

A study in the Archives of Pediatric Adolescent Medicine comparing bike seat and bike trailer injuries in small children concluded that mounted seats may be more dangerous than attaching a trailer behind a bike. The study's authors wrote, "When compared with bicycle-mounted child seats, there were fewer reported injuries to children associated with the use of bicycle-towed trailers. Motor vehicle involvement and need for hospital admission were similar among injured children in both groups, and the head or face was the most common site of injury."

Talk to a Lawyer

If your child has been injured in an accident on a bike or in any other context, talk to a lawyer. Tell your story. Many injury attorneys consult for free or a minimal fee and will be happy to assess your case.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Personal Injury Law: The Basics (FindLaw's Learn About the Law)
• Starting a Case: Initial Court Papers (FindLaw's Learn About the Law)
• Fact-Finding and Discovery (FindLaw's Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/07/baby-bike-seat-and-trailer-dangers-and-injuries.html

10 Injuries That May Not Be Covered by Workers' Comp

When determining whether a specific injury will be covered by workers’ compensation insurance, the deciding factor is whether the injury was work-related. Did it happen while you were working? Or because of the kind of job you were doing? Were you on your way to work or at a work function? Answers to these questions will determine if you can get workers’ comp for your injury.

But does that mean any and all injuries are covered by workers’ compensation insurance? Here are ten injuries that people most often wonder about when it comes to workers’ comp, and how to figure out if you’re covered.

1. Can I Get Worker’s Compensation for a Hernia?

Back injuries due to heavy or repetitive lifting seem like a classic case for workers’ comp, and some states will presume your hernia is work-related.

2. Can I Get Workers’ Compensation for Frostbite?

This might not be your biggest question in July, but come January you might be wondering if you’re covered.

3. Can I Get Worker’s Comp for Heat Stroke?

If you work outside, or anywhere hot during the summer, stay hydrated and take plenty of breaks in the shade. And here’s what you need to know if you have a heat stroke on the job.

4. Can I Get Workers’ Comp for Skin Cancer?

Seasonal and summer employees don’t just have to worry about the heat — the sun can cause damage to your skin over time. If this results in cancer, you may be eligible for benefits.

5. Can I Get Workers’ Comp for Food Poisoning at Work?

Having a company cafeteria sounded like a good idea until you got sick. Is the company now responsible?

6. Can I Get Workers’ Comp for Migraines?

Those that have gotten one know a migraine can be just as debilitating as a broken leg. But proving that work caused your migraine may be difficult.

7. Can I Get Workers’ Comp for Hearing Loss?

If you work long hours in a loud environment without proper ear protection, the effects on your hearing can be devastating. Here’s how to prove your hearing loss was work-related.

8. Can I Get Workers’ Comp for Alcoholism?

It may sound strange to get insurance coverage for a drinking problem, but it has happened.

9. Can I Get Workers’ Comp for Anxiety and Emotional Distress?

If your injuries are mental rather than physical, can you still recover? It may depend on the state in which you work.

10. Can I Get Workers’ Comp for Stress?

Stress can be hard to identify and difficult to prove, but that doesn’t mean that insurance won’t cover the effects of your work-related stress.

The best way to know whether you can get workers’ comp for your injury is to consult an experienced workers’ comp attorney. Most are willing to talk to you about your case for free.

Related Resources:

• Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
• Workers’ Compensation (FindLaw’s Injured)
• Top 9 Workers’ Compensation Questions (FindLaw’s Injured)
• How Long Do I Have to Be Employed to Get Workers’ Comp? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/07/10-injuries-that-may-not-be-covered-by-workers-comp.html

Types of Elevator Injuries and When You Can Sue

Elevators aren’t even a luxury anymore — they’re a necessity. From ferrying office folk to the top of skyscrapers to making the morning commute possible for people who use wheelchairs, some of us don’t go a day without using an elevator.

And anything used with that much frequency is bound to see its share of accidents. So when can you sue if you’re injured in an elevator? Here’s what you need to know:

Stuck on the Seventh Floor

Even if you haven’t suffered a physical injury from a malfunctioning elevator, emotional injuries may be enough. People have sued for being stuck in an elevator, although it may be difficult to prove negligent infliction of emotional distress. Some courts require the emotional distress to be connected to or manifested as some kind of physical injury, but others could find the length or conditions of the elevator entrapment enough to require compensation.

Free Fallin, Filing a Lawsuit

If the elevator malfunctions and causes a physical injury, you can sue. Especially if the elevator goes into a freefall for several stories, jerks to stop, and leaves you crippled for life. You may have a legal claim against the building itself for lack of maintenance on the elevator, or the maintenance company for failing to detect or fix a problem.

Eyewitness to Elevator Evil

In some extreme cases, even witnessing an extreme elevator injury can be cause for a lawsuit. One New York resident was in an elevator when it unexpectedly shot up, crushing and killing a woman as she was still walking through the doorway. The witness sued the repair company, who incidentally had been working on the same elevator that morning, and claimed that being trapped inside the elevator with the victim’s body parts “for an extended period of time” left her traumatized and unable to ride or go near elevators ever again.

Mechanics’ Means for Remuneration

Every now and then, the folks that work on elevators are injured by them. And they can also sue, sometimes for millions of dollars.

Whether you have a valid legal claim for an elevator injury is best left to the experts. Contact an experienced personal injury attorney near you about your case.

Related Resources:

• Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• 7 Tips to Prepare for Your Injury Lawsuit (FindLaw’s Injured)
• NYC Elevator Accident Crushes, Kills Woman (FindLaw’s Injured)
• NYC Elevator Death Due to Disabled Safety Device (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/07/types-of-elevator-injuries-and-when-you-can-sue.html

New Skyscraper Slide Named in Injury Lawsuit

Have you ever been atop a tall building and been tempted to jump? If so, you are not alone. Now, you can give something a little like that a try and survive if you're visiting Southern California. But you might still get hurt. A skyscraper in Los Angeles boasting the Skyslide -- an attraction made of glass and attached to the outside of the 70th floor of the U.S. Bank Tower, the tallest American building west of Chicago -- is facing its first injury lawsuit.

A Bold Move

The Skyslide is 1,000 feet above downtown Los Angeles and only 45-feet long, releasing sliders onto an observation deck just one floor below, reports CBS News. It opened to the public last month and already the building owner owner is facing a negligence suit from a woman who argues the slide is poorly designed and injured her. She broke an ankle.

The plaintiffs are Gayle and Morty Yashar of New York and they complain about the Skyslide's design, seeking an unspecified amount of damages from the defendants, naming the building owner, and the concession company associated with the new observation deck attraction. The plaintiffs argue that the slide does not slow down enough at the end of the 45-foot ride, creating a hazard.

At the end of the slide in a run-out area is a stack of mats that, according to the plaintiffs, leave a gap that traps riders' feet. Gayle Yashar argues that she broke her ankle going down the slide and that the poor design is the cause of her injury.

The defendants told the Associated Press via a public relations representative that the lawsuit is under review, but did not respond to any substantive claims with respect to the safety of the new L.A. attraction. The lawsuit, filed less than a month after the attraction opened to the public, must be a little disconcerting, however. Before the attraction was opened, earlier in the year, Lucy Rumantir, head of U.S. operations for the U.S. Bank building's owner, issued a statement saying, "The Skyslide boasts a safe, thrilling experience unlike any other in the world."

Injured?

If you, like the plaintiffs in this case, visit a tourist attraction and find yourself injured due to a design flaw or defect or for any other reason, talk to a lawyer. Tell your story. Many personal injury attorneys consult for free or a minimal fee and will be happy to discuss your case.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• First Steps in a Personal Injury Claim (FindLaw's Learn About the Law)
• Take Notes About the Incident and Your Injuries (FindLaw's Learn About the Law)
• Meeting With an Injury Attorney (FindLaw's Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/07/las-new-skyscraper-slide-named-in-injury-lawsuit.html