Lane Splitting in California May Soon be Legal

via Tumblr hobbsr04.tumblr.com/post/120200118422 Cruising down the freeway, a motorcyclist zooms by between you and the car next to you. This is called lane-splitting. California may soon be the first state to explicitly make motorcycle lane-splitting legal. Lane Splitting In all other states, lane-splitting is banned. Car drivers are often annoyed to be shocked by a motorcycle flashing by them, or are frightened of accidentally hitting a motorcyclist appearing out of nowhere. However, a UC Berkeley study on lane-splitting found that the technique is safer for motorcyclist than stopping in traffic. Car drivers often don’t see the motorcyclist stopped in traffic and rear-end them. Considering how prevalent the practice is, you may be surprised to hear that the legislature is only now attempting to make it legal. According to Mercury News, California officers have implicitly allowed lane-splitting for decades. The Bill The bill, passed by the assembly on a 53 to 11 vote, would allow lane-splitting. However, motorcyclist can go no faster than 50 mph. Also, if traffic is slow, motorcyclist can only go 15 mph faster than the flow of traffic in adjacent lanes. The bill now goes to the Senate for approval. Watch Out Lawmakers are now trying to make lane-splitting legal so that the state can offer safety guidelines. In 2013, California Highway Patrol introduced some guidelines for lane-splitting. While these do not have the force of law, and have been rescinded in 2014 for administrative reasons, the passing of this proposed law may mean they will be reintroduced. In the meantime, here are some recommendations from CHP: Go slow – While the law will allow motorcyclists to go up to 15 mph faster than adjacent traffic, CHP recommends only going 10 mph faster to reduce the chances of danger. Stay between lanes #1 and #2 -- Car drivers are more accustomed to seeing motorcyclist splitting between the furthest left lanes and are more likely to look out for approaching motorcyclist there. Be visible – Help motorists see you by wearing brightly colored protective gear and avoid lane splitting at night or when weather conditions affect visibility. If you are injured while lane-splitting by an inattentive motorist, consult with an experienced personal injury attorney. Related Resources: Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury) California could soon legalize motorcycle lane-splitting (Los Angeles Times) Motorcyclist’s 20-Month Erection Lawsuit Peters Out in Court (FindLaw’s Legally Weird) NY Biker Dies at Anti-Helmet Protest: Hit Head With No Helmet (FindLaw’s Legally Weird) from Injured blogs.findlaw.com/injured/2015/05/lane-splitting-in-calif... via Blogger hobbsr04.blogspot.com/2015/05/lane-splitting-in-californi...

via Flickr http://www.flickr.com/photos/87814799@N02/17616240814

Lane Splitting in California May Soon be Legal

Cruising down the freeway, a motorcyclist zooms by between you and the car next to you. This is called lane-splitting.

California may soon be the first state to explicitly make motorcycle lane-splitting legal.

Lane Splitting

In all other states, lane-splitting is banned. Car drivers are often annoyed to be shocked by a motorcycle flashing by them, or are frightened of accidentally hitting a motorcyclist appearing out of nowhere.

However, a UC Berkeley study on lane-splitting found that the technique is safer for motorcyclist than stopping in traffic. Car drivers often don't see the motorcyclist stopped in traffic and rear-end them.

Considering how prevalent the practice is, you may be surprised to hear that the legislature is only now attempting to make it legal. According to Mercury News, California officers have implicitly allowed lane-splitting for decades.

The Bill

The bill, passed by the assembly on a 53 to 11 vote, would allow lane-splitting. However, motorcyclist can go no faster than 50 mph. Also, if traffic is slow, motorcyclist can only go 15 mph faster than the flow of traffic in adjacent lanes.

The bill now goes to the Senate for approval.

Watch Out

Lawmakers are now trying to make lane-splitting legal so that the state can offer safety guidelines.

In 2013, California Highway Patrol introduced some guidelines for lane-splitting. While these do not have the force of law, and have been rescinded in 2014 for administrative reasons, the passing of this proposed law may mean they will be reintroduced. In the meantime, here are some recommendations from CHP:

• Go slow -- While the law will allow motorcyclists to go up to 15 mph faster than adjacent traffic, CHP recommends only going 10 mph faster to reduce the chances of danger.
• Stay between lanes #1 and #2 -- Car drivers are more accustomed to seeing motorcyclist splitting between the furthest left lanes and are more likely to look out for approaching motorcyclist there.
• Be visible -- Help motorists see you by wearing brightly colored protective gear and avoid lane splitting at night or when weather conditions affect visibility.

If you are injured while lane-splitting by an inattentive motorist, consult with an experienced personal injury attorney.

Related Resources:

• Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• California could soon legalize motorcycle lane-splitting (Los Angeles Times)
• Motorcyclist's 20-Month Erection Lawsuit Peters Out in Court (FindLaw's Legally Weird)
• NY Biker Dies at Anti-Helmet Protest: Hit Head With No Helmet (FindLaw's Legally Weird)

from Injured http://blogs.findlaw.com/injured/2015/05/lane-splitting-in-california-legal.html

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

via Tumblr hobbsr04.tumblr.com/post/120147270767 The Joneses just got a brand new, backyard swimming pool for the summer. And while you’re not worried about keeping up with them, you might be worried about keeping your kids safe. Accidental drownings in swimming pools occur so frequently, the Consumer Product Safety Commission (CPSC) has an entire site dedicated to pool safety. So are the Joneses responsible for putting a fence around their new pool? Duty to Prevent Harm Swimming pools can be great fun, but they can also be what are known under the law as an “attractive nuisance.” There’s a reason that theme parks call their rides “attractions” – they get kids’ attention. The problem with an attractive nuisance like a pool is the hidden danger involved. An attractive nuisance is something that a property owner has a reason to believe will attract children to his or her property and poses some danger to children. If a property owner fails to take reasonable steps to prevent children from being harmed by the nuisance, he or she may be liable for any injuries that occur. Most courts consider swimming pools to be attractive nuisances, so swimming pools owners should take steps to make sure children aren’t injured in or around their pools. Safety Steps The CPSC recommends installing a 4-foot fence around the perimeter of any pool or spa and using self-closing and self-latching gates. Pool and spa owners should own and maintain proper covers, and keep life-saving equipment like reaching poles and life rings near the pool and available at all times. You may also want to check with your homeowner’s association (if applicable) or any municipal or state regulations requiring pool construction to see if a fence is required. Pool parties will be ubiquitous this summer, but pool party injuries don’t have to be. Knowing the legal risks of pool ownership as well as some basic pool safety and healthy swimming tips can help you out of hot water. But if an injury does occur at a neighbor’s or a public pool, you may want to consult an experienced personal injury attorney near you. Related Resources: Browse Personal Injury Lawyers by Location (FindLaw Directory) Swimming Pool Liability: Pool Safety is Key (FindLaw’s Injured) 3 Key Factors in a Swimming Pool Injury Suit (FindLaw’s Injured) Pool Hopping Injuries: Who’s Liable? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/05/my-neighbors-just-built... via Blogger hobbsr04.blogspot.com/2015/05/my-neighbors-just-built-poo...

via Flickr http://www.flickr.com/photos/87814799@N02/18188005256

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

The Joneses just got a brand new, backyard swimming pool for the summer. And while you're not worried about keeping up with them, you might be worried about keeping your kids safe.

Accidental drownings in swimming pools occur so frequently, the Consumer Product Safety Commission (CPSC) has an entire site dedicated to pool safety. So are the Joneses responsible for putting a fence around their new pool?

Duty to Prevent Harm

Swimming pools can be great fun, but they can also be what are known under the law as an "attractive nuisance." There's a reason that theme parks call their rides "attractions" -- they get kids' attention. The problem with an attractive nuisance like a pool is the hidden danger involved.

An attractive nuisance is something that a property owner has a reason to believe will attract children to his or her property and poses some danger to children. If a property owner fails to take reasonable steps to prevent children from being harmed by the nuisance, he or she may be liable for any injuries that occur.

Most courts consider swimming pools to be attractive nuisances, so swimming pools owners should take steps to make sure children aren't injured in or around their pools.

Safety Steps

The CPSC recommends installing a 4-foot fence around the perimeter of any pool or spa and using self-closing and self-latching gates. Pool and spa owners should own and maintain proper covers, and keep life-saving equipment like reaching poles and life rings near the pool and available at all times. You may also want to check with your homeowner's association (if applicable) or any municipal or state regulations requiring pool construction to see if a fence is required.

Pool parties will be ubiquitous this summer, but pool party injuries don't have to be. Knowing the legal risks of pool ownership as well as some basic pool safety and healthy swimming tips can help you out of hot water.

But if an injury does occur at a neighbor's or a public pool, you may want to consult an experienced personal injury attorney near you.

Related Resources:

• Browse Personal Injury Lawyers by Location (FindLaw Directory)
• Swimming Pool Liability: Pool Safety is Key (FindLaw's Injured)
• 3 Key Factors in a Swimming Pool Injury Suit (FindLaw's Injured)
• Pool Hopping Injuries: Who's Liable? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2015/05/my-neighbors-just-built-a-pool---do-they-need-a-fence-around-it.html

If Something Falls on Me at a Home Supply Store, Can I Sue?

via Tumblr hobbsr04.tumblr.com/post/120113529892 Did you ever think about all the hazards at your friendly neighborhood home supply stores? Paint could spill on the floor, and you could slip on it. You could puncture your foot on dropped nails and screws. A pretty light fixture could fall from the display, and hit you on the head! So, if you’re injured by slipping or hit by a falling object at a home supply store, can you sue? Negligence Usually, you would sue for an injury on the grounds of negligence. Negligence means a defendant breached a duty of care and that breach caused you harm. To successfully sue a store for an injury, you must show: The store had a duty to protect you; The store breached that duty; The breach caused you harm; You suffered damages because of the harm. Premises Liability To prove the first element of negligence, we turn to premises liability. Does the store have any duty to protect you? The theory of premises liability imposes on a property owner a varying level of duty to protect people on their property from harm. In the case of a trespasser, property owners generally owe no duty to protect, unless the property owner set a trap or the trespasser is a child. In the case of guests, property owners must take reasonable steps to warn guests of dangerous conditions. Finally, for invitees, people who come on to property for business purposes, property owners owe a high duty of care to repair known dangers, and reasonably inspect for and correct unknown dangers. Since customers are generally classified as invitees, business owners have a duty of care to protect them from known and reasonably discoverable unknown dangers. Failure to do so would be a breach of that duty. For example, an owner noticed that his top shelf is too full but doesn’t do anything about it. A customer walks by and is hit on the head by a drill sliding off that overstuffed shelf. The business owner breached his duty. If the drill would not have fallen if the shelf was properly cleared and maintained, then the breach caused the customer’s injury. The customer suffered damages in the form of medical bills and pain and suffering. So, the customer has a good case for negligence. If you’ve been injured by a falling object at a home supply store, consult with an experienced personal injury attorney to evaluate your claim and file a lawsuit. Related Resources: Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Slip and Fall at School: How Do You Sue? (FindLaw’s Injured) Shopping Cart Dents, Dings: Is the Store Liable? (FindLaw’s Injured) If I Slip and Fall at a Pool, Can I Sue? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/05/if-something-falls-on-m... via Blogger hobbsr04.blogspot.com/2015/05/if-something-falls-on-me-at...

via Flickr http://www.flickr.com/photos/87814799@N02/18201275935

If Something Falls on Me at a Home Supply Store, Can I Sue?

Did you ever think about all the hazards at your friendly neighborhood home supply stores? Paint could spill on the floor, and you could slip on it. You could puncture your foot on dropped nails and screws. A pretty light fixture could fall from the display, and hit you on the head!

So, if you're injured by slipping or hit by a falling object at a home supply store, can you sue?

Negligence

Usually, you would sue for an injury on the grounds of negligence. Negligence means a defendant breached a duty of care and that breach caused you harm. To successfully sue a store for an injury, you must show:

1. The store had a duty to protect you;
2. The store breached that duty;
3. The breach caused you harm;
4. You suffered damages because of the harm.

Premises Liability

To prove the first element of negligence, we turn to premises liability. Does the store have any duty to protect you?

The theory of premises liability imposes on a property owner a varying level of duty to protect people on their property from harm.

In the case of a trespasser, property owners generally owe no duty to protect, unless the property owner set a trap or the trespasser is a child. In the case of guests, property owners must take reasonable steps to warn guests of dangerous conditions. Finally, for invitees, people who come on to property for business purposes, property owners owe a high duty of care to repair known dangers, and reasonably inspect for and correct unknown dangers.

Since customers are generally classified as invitees, business owners have a duty of care to protect them from known and reasonably discoverable unknown dangers. Failure to do so would be a breach of that duty.

For example, an owner noticed that his top shelf is too full but doesn't do anything about it. A customer walks by and is hit on the head by a drill sliding off that overstuffed shelf. The business owner breached his duty. If the drill would not have fallen if the shelf was properly cleared and maintained, then the breach caused the customer's injury. The customer suffered damages in the form of medical bills and pain and suffering. So, the customer has a good case for negligence.

If you've been injured by a falling object at a home supply store, consult with an experienced personal injury attorney to evaluate your claim and file a lawsuit.

Related Resources:

• Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Slip and Fall at School: How Do You Sue? (FindLaw's Injured)
• Shopping Cart Dents, Dings: Is the Store Liable? (FindLaw's Injured)
• If I Slip and Fall at a Pool, Can I Sue? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2015/05/if-something-falls-on-me-at-a-home-supply-store-can-i-sue.html

Can I Get Workers' Comp for Neck Pain?

via Tumblr hobbsr04.tumblr.com/post/120059531532 Maybe you’re turning your head to see your computer monitor. Maybe you got rear-ended in the company car. Either way, if you’ve got a work-related pain in the neck, you may be wondering whether you can collect workers’ compensation benefits. As with most workers’ comp claims, it will largely depend on exactly how you were injured, so let’s take a look at how workers’ compensation insurance works for neck pain. On the Job or Off Workers’ compensation insurance is is designed to provide compensation for medical expenses, lost wages, and other accommodations incurred when employees are injured on the job. However, only injuries that are work-related are eligible for workers’ compensation benefits. While the majority of work-related injuries will be sustained in the workplace, worker’ comp may also cover injuries suffered away from an employee’s place of work but while performing a job-related task, such as: Driving a company-owned car or trucks (as long as the employee was doing something connected to his or her job); Attending company parties and other social events sponsored by an employer, but not necessarily on company-owned property; Participating in “horseplay” or other instances where employees may have been disregarding workplace safety rules (although courts and state laws can vary on this issue); and even Taking a lunch break (if it it’s connected to the course of employment, like lunch with a client at a restaurant). So if you’re neck pain is the result of some work-related activity, it will probably be covered by workers’ comp. Covered or Not Most states require employers to carry workers’ compensation for their full-time employees. Contractors and undocumented workers, however, may not be automatically covered. If you’re not covered under a workers’ comp policy, you may be able to sue your employer instead. But if you are covered, there is an in-depth claim filing process you must adhere to in order to get workers’ comp benefits. If you’re not sure whether you can file a claim for neck pain, an experienced workers’ compensation attorney may be able to help. Related Resources: Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury) Workers’ Comp Benefits: How Injured Do I Have to Be? (FindLaw’s Injured) Can I Get Workers’ Compensation For Repetitive Motion Injuries? (FindLaw’s Injured) Can You Get Workers’ Comp for Back Pain? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/05/can-i-get-workers-comp-... via Blogger hobbsr04.blogspot.com/2015/05/can-i-get-workers-comp-for-...

via Flickr http://www.flickr.com/photos/87814799@N02/17989932490

Can I Get Workers' Comp for Neck Pain?

Maybe you're turning your head to see your computer monitor. Maybe you got rear-ended in the company car. Either way, if you've got a work-related pain in the neck, you may be wondering whether you can collect workers' compensation benefits.

As with most workers' comp claims, it will largely depend on exactly how you were injured, so let's take a look at how workers' compensation insurance works for neck pain.

On the Job or Off

Workers' compensation insurance is is designed to provide compensation for medical expenses, lost wages, and other accommodations incurred when employees are injured on the job. However, only injuries that are work-related are eligible for workers' compensation benefits.

• While the majority of work-related injuries will be sustained in the workplace, worker' comp may also cover injuries suffered away from an employee's place of work but while performing a job-related task, such as:
• Driving a company-owned car or trucks (as long as the employee was doing something connected to his or her job);
• Attending company parties and other social events sponsored by an employer, but not necessarily on company-owned property;
• Participating in "horseplay" or other instances where employees may have been disregarding workplace safety rules (although courts and state laws can vary on this issue); and even
• Taking a lunch break (if it it's connected to the course of employment, like lunch with a client at a restaurant).

So if you're neck pain is the result of some work-related activity, it will probably be covered by workers' comp.

Covered or Not

Most states require employers to carry workers' compensation for their full-time employees. Contractors and undocumented workers, however, may not be automatically covered.

If you're not covered under a workers' comp policy, you may be able to sue your employer instead. But if you are covered, there is an in-depth claim filing process you must adhere to in order to get workers' comp benefits.

If you're not sure whether you can file a claim for neck pain, an experienced workers' compensation attorney may be able to help.

Related Resources:

• Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
• Workers' Comp Benefits: How Injured Do I Have to Be? (FindLaw's Injured)
• Can I Get Workers' Compensation For Repetitive Motion Injuries? (FindLaw's Injured)
• Can You Get Workers' Comp for Back Pain? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2015/05/can-i-get-workers-comp-for-neck-pain.html

I Need Ergonomic Accommodations. Can I Sue my Employer?

via Tumblr hobbsr04.tumblr.com/post/120041077817 Your monitor is too low. Your seat is too tall. The keyboard isn’t in front of you. These are all signs of bad ergonomics. Ergonomics is the study of people’s efficiency in their working environment. Bad ergonomics such as bad posture, sitting too long, or not enough breaks, can lead to job related musculoskeletal disorders (MSDs) and repetitive stress injuries (RSIs) such as carpal tunnel, tendonitis, and shoulder and back pain. So can you demand that your employer provide ergonomic accommodations? OSHA The Occupational Safety and Health Act (OSH Act) was passed to protect employees from preventable workplace injuries and deaths. Under the OSH Act, employers have a general duty to furnish employment and place of employment free from recognized hazards that are likely to cause death or serious physical harms. While the OSH Act does not specifically address ergonomic standards, the Occupational Safety and Health Administration (OSHA) can issue citations under the general duty clause to employers who fail to eliminate ergonomic hazards. California Currently, California is the only state that has a standard specifically addressing ergonomics and repetitive motion injuries. Cal OSHA requires that employers establish programs to minimize RSIs such as training on the cause, symptoms, and consequences of repetitive stress injuries. Employers are also required to control exposures that could cause repetitive stress injuries by redesigning work stations, providing adjustable fixtures and tools, or providing work breaks. An employer may receive a citation if two or more employees performing identical tasks are diagnosed with repetitive stress injuries within 12 months. Americans With Disabilities Act The Americans with Disabilities Act mandates that employers provide reasonable accommodations for disabilities. When an employer refuses to do so, an employee may sue for discrimination under the ADA. However, remember that these accommodations only need to be reasonable. So, to answer the question we posed at the beginning: depending on any injury you suffer or any accommodation you might be entitled to under the ADA, you might be able to sue your employer for ergonomic adjustments to your workspace. The first step though, should be to communicate with your employer. If your employer refuses to accommodate your request, you may file a complaint with OSHA. If all else fails, consult with an experienced workers compensation attorney for help. Related Resources: Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury) Can I Get Workers’ Compensation For Repetitive Motion Injuries? (FindLaw’s Injured) Law Office Ergonomics: Monitors Can Be a Pain in the Neck (FindLaw’s Strategist) How to Work From Home Without Harming Your Health (FindLaw’s Strategist) from Injured blogs.findlaw.com/injured/2015/05/i-need-ergonomic-accomm... via Blogger hobbsr04.blogspot.com/2015/05/i-need-ergonomic-accommodat...

via Flickr http://www.flickr.com/photos/87814799@N02/18143826266

I Need Ergonomic Accommodations. Can I Sue my Employer?

Your monitor is too low. Your seat is too tall. The keyboard isn't in front of you. These are all signs of bad ergonomics.

Ergonomics is the study of people's efficiency in their working environment. Bad ergonomics such as bad posture, sitting too long, or not enough breaks, can lead to job related musculoskeletal disorders (MSDs) and repetitive stress injuries (RSIs) such as carpal tunnel, tendonitis, and shoulder and back pain.

So can you demand that your employer provide ergonomic accommodations?

OSHA

The Occupational Safety and Health Act (OSH Act) was passed to protect employees from preventable workplace injuries and deaths. Under the OSH Act, employers have a general duty to furnish employment and place of employment free from recognized hazards that are likely to cause death or serious physical harms.

While the OSH Act does not specifically address ergonomic standards, the Occupational Safety and Health Administration (OSHA) can issue citations under the general duty clause to employers who fail to eliminate ergonomic hazards.

California

Currently, California is the only state that has a standard specifically addressing ergonomics and repetitive motion injuries. Cal OSHA requires that employers establish programs to minimize RSIs such as training on the cause, symptoms, and consequences of repetitive stress injuries. Employers are also required to control exposures that could cause repetitive stress injuries by redesigning work stations, providing adjustable fixtures and tools, or providing work breaks.

An employer may receive a citation if two or more employees performing identical tasks are diagnosed with repetitive stress injuries within 12 months.

Americans With Disabilities Act

The Americans with Disabilities Act mandates that employers provide reasonable accommodations for disabilities. When an employer refuses to do so, an employee may sue for discrimination under the ADA. However, remember that these accommodations only need to be reasonable.

So, to answer the question we posed at the beginning: depending on any injury you suffer or any accommodation you might be entitled to under the ADA, you might be able to sue your employer for ergonomic adjustments to your workspace. The first step though, should be to communicate with your employer. If your employer refuses to accommodate your request, you may file a complaint with OSHA. If all else fails, consult with an experienced workers compensation attorney for help.

Related Resources:

• Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
• Can I Get Workers' Compensation For Repetitive Motion Injuries? (FindLaw's Injured)
• Law Office Ergonomics: Monitors Can Be a Pain in the Neck (FindLaw's Strategist)
• How to Work From Home Without Harming Your Health (FindLaw's Strategist)

from Injured http://blogs.findlaw.com/injured/2015/05/i-need-ergonomic-accommodations-can-i-sue-my-employer.html

Can Nurses Get Workers' Comp?

via Tumblr hobbsr04.tumblr.com/post/119963118457 As NPR’s recent in-depth report demonstrated, nurses are some of the most oft-injured workers – and those injuries can be serious. From back injuries due to patient handling, to standard slip-and-falls, nursing can be a hazardous profession. So what happens when nurses are injured on the job? Can nurses collect workers’ compensation insurance? Covered Caretakers While state workers’ compensation laws can differ, nearly every employer is required to have some form of insurance to compensate employees who are injured on the job. Employers who don’t comply with workers’ comp laws can face fines, criminal prosecution, or civil liability. The nursing profession is no different. Hospitals, clinics, surgical centers, and in-home medical care providers should have workers’ comp insurance to cover their nursing staff. There are specific guidelines to determining if an injury is compensable as well as standard procedures for filing a workers’ comp claim that injured employees must follow. In addition, if an employer has workers’ comp insurance, this generally means that an injured employee can’t sue over an injury, and is entitled only to workers’ comp benefits. Lifting More Than Spirits The recent focus on nursing injuries has been on safe patient handling, and the injuries that can occur when nurses are lifting and moving patients. According to Colin J. Brigham, Vice President of Safety Management and Ergonomics for consulting firm 1Source Safety and Health Inc., the “primary loss-producing source for workers compensation insurers in this space is patient handling.” The Occupational Safety and Health Administration (OSHA), which creates employee safety guidelines for businesses, has also been studying safe patient handling. OSHA has online resources on patient lifting hazards, relevant legislation, and starting safe patient handling programs, and published a guide to worker safety in hospitals. Nurses spend their lives taking care of patients, and sometimes need to be taken care of themselves. If you’ve been injured while nursing, you may want to consult with an experienced workers’ comp attorney today. Related Resources: Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury) When It’s the Nurse Who Needs Looking After (The New York Times) Workers’ Compensation (FindLaw’s Injured) Workers’ Compensation: Questions and Answers (FindLaw) from Injured blogs.findlaw.com/injured/2015/05/can-nurses-get-workers-... via Blogger hobbsr04.blogspot.com/2015/05/can-nurses-get-workers-comp...

via Flickr http://www.flickr.com/photos/87814799@N02/17512763974

Can Nurses Get Workers' Comp?

As NPR's recent in-depth report demonstrated, nurses are some of the most oft-injured workers -- and those injuries can be serious. From back injuries due to patient handling, to standard slip-and-falls, nursing can be a hazardous profession.

So what happens when nurses are injured on the job? Can nurses collect workers' compensation insurance?

Covered Caretakers

While state workers' compensation laws can differ, nearly every employer is required to have some form of insurance to compensate employees who are injured on the job. Employers who don't comply with workers' comp laws can face fines, criminal prosecution, or civil liability.

The nursing profession is no different. Hospitals, clinics, surgical centers, and in-home medical care providers should have workers' comp insurance to cover their nursing staff.

There are specific guidelines to determining if an injury is compensable as well as standard procedures for filing a workers' comp claim that injured employees must follow. In addition, if an employer has workers' comp insurance, this generally means that an injured employee can't sue over an injury, and is entitled only to workers' comp benefits.

Lifting More Than Spirits

The recent focus on nursing injuries has been on safe patient handling, and the injuries that can occur when nurses are lifting and moving patients. According to Colin J. Brigham, Vice President of Safety Management and Ergonomics for consulting firm 1Source Safety and Health Inc., the "primary loss-producing source for workers compensation insurers in this space is patient handling."

The Occupational Safety and Health Administration (OSHA), which creates employee safety guidelines for businesses, has also been studying safe patient handling. OSHA has online resources on patient lifting hazards, relevant legislation, and starting safe patient handling programs, and published a guide to worker safety in hospitals.

Nurses spend their lives taking care of patients, and sometimes need to be taken care of themselves. If you've been injured while nursing, you may want to consult with an experienced workers' comp attorney today.

Related Resources:

• Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
• When It's the Nurse Who Needs Looking After (The New York Times)
• Workers' Compensation (FindLaw's Injured)
• Workers' Compensation: Questions and Answers (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/05/can-nurses-get-workers-comp.html

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

via Tumblr hobbsr04.tumblr.com/post/119953986537 The sun is out, and summer is here! This means pool parties and sunbathing. However, be careful of swimming pool injuries. You could slip and fall on slick and slippery floors. You could be injured from swimming pool chemicals. You could get electrocuted by improper wiring in pool lights. You may even drown because a lifeguard wasn’t paying attention. So, if you get injured at a swimming pool, can you sue? Owner’s Liability To be able to sue for damages, you will need to prove duty, breach, causation and damages: Duty The theory of premise liability holds a property owner responsible for injuries that occur on their property. Business owners have a duty to take reasonable steps to protect customers, also known as invitees, from harm. Private property owners have a duty to warn guests of known hazards. Breach Did the property owner fail in his duty to keep the pool safe? Did the owner use too much or the wrong chemicals? Did the owner fail to put mats out to make wet surfaces less slippery? Did the owner fail to put up a fence to prevent small children from entering the pool without permission? Any of these actions could be indicative of breach. Causation Did the owner’s breach of duty cause your injury? If you broke your hip because there were no mats and you slipped on wet pavement, the owner may be found to have caused your injury. However, if you cracked your skull because you dived into the pool despite a no diving sign, you may be found responsible for your own injury. Damages Are the damages of you injury even worth pursuing? To win money, you must show that you suffered some kind of damage. Usually, this includes medical bills, lost wages, and compensation for pain and suffering. However, if all you suffered was a bruised hip and ego, you may find it difficult to prove any monetary damages. When you go to the pool this summer, be careful. Don’t run. Wear sunblock. Check for a lifeguard if you’re with kids or weak swimmers. If you do get injured, an experienced personal injury attorney will be able to help evaluate your claim and help you get compensation. Related Resources: Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Premises Liability FAQ (FindLaw’s Learn About The Law) I Fell at the Gym, Can I Sue? (FindLaw’s Injured) If I Fall In a Hospital, Can I Sue? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/05/if-i-slip-and-fall-at-a... via Blogger hobbsr04.blogspot.com/2015/05/if-i-slip-and-fall-at-pool-...

via Flickr http://www.flickr.com/photos/87814799@N02/17943742498

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

The sun is out, and summer is here! This means pool parties and sunbathing.

However, be careful of swimming pool injuries. You could slip and fall on slick and slippery floors. You could be injured from swimming pool chemicals. You could get electrocuted by improper wiring in pool lights. You may even drown because a lifeguard wasn't paying attention.

So, if you get injured at a swimming pool, can you sue?

Owner's Liability

To be able to sue for damages, you will need to prove duty, breach, causation and damages:

Duty

The theory of premise liability holds a property owner responsible for injuries that occur on their property. Business owners have a duty to take reasonable steps to protect customers, also known as invitees, from harm. Private property owners have a duty to warn guests of known hazards.

Breach

Did the property owner fail in his duty to keep the pool safe? Did the owner use too much or the wrong chemicals? Did the owner fail to put mats out to make wet surfaces less slippery? Did the owner fail to put up a fence to prevent small children from entering the pool without permission? Any of these actions could be indicative of breach.

Causation

Did the owner's breach of duty cause your injury? If you broke your hip because there were no mats and you slipped on wet pavement, the owner may be found to have caused your injury. However, if you cracked your skull because you dived into the pool despite a no diving sign, you may be found responsible for your own injury.

Damages

Are the damages of you injury even worth pursuing? To win money, you must show that you suffered some kind of damage. Usually, this includes medical bills, lost wages, and compensation for pain and suffering. However, if all you suffered was a bruised hip and ego, you may find it difficult to prove any monetary damages.

When you go to the pool this summer, be careful. Don't run. Wear sunblock. Check for a lifeguard if you're with kids or weak swimmers. If you do get injured, an experienced personal injury attorney will be able to help evaluate your claim and help you get compensation.

Related Resources:

• Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Premises Liability FAQ (FindLaw's Learn About The Law)
• I Fell at the Gym, Can I Sue? (FindLaw's Injured)
• If I Fall In a Hospital, Can I Sue? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2015/05/if-i-slip-and-fall-at-a-pool-can-i-sue.html

Can I Get Workers' Comp For Injuries at a Company Picnic?

via Tumblr hobbsr04.tumblr.com/post/119613937717 You can get workers’ compensation for injuries at work, but are you covered for injuries at the annual company picnic? Company picnics are full of hazards. You could twist an ankle while walking through the park. You could sprain your back defending the marketing team’s dodge ball championship title. You could get food poisoning chowing down on barbeque and the CEO’s famous potato salad. Can you get workers’ compensation for injuries received at a company picnic? Work Related Workers’ compensation covers work-related injuries and illnesses. An injury is work related if it is caused by your normal work duties or the conditions of your workplace. A pre-existing injury is also covered if your work aggravated the prior injury. Company Events Accordingly, your injury at the company picnic is only covered if it is work related. A company picnic may be work related if: You are required to attend – This is easy. If your boss says you have to be there, then the event is work, and injuries caused there are likely to be work related. You are being paid – Even if the event is voluntary, if the employer is still paying your wages while you attend the event, then your injuries at the party are also more likely to be work related. You mix business and work – Before you can eat, your employer gives some presentations, passes out some rewards and bonuses, and talks about plans for next year. The employer is deriving some benefit from your attendance at the company picnic. So, the picnic is within the course of employment. However, if the company picnic is entirely voluntary, you will not be able to get workers’ compensation for your injuries. Injured at the Party If you are injured at a company picnic, see a doctor and get treatment as soon as possible. Then, notify your employer of your injury and file for workers’ compensation. Most states impose a deadline on when you have to file a claim. If you’ve been denied compensation for a company picnic injury, an experienced workers compensation attorney may be able to help. Related Resources: Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury) Can I Get Workers’ Comp for a Knee Injury? (FindLaw’s Injured) Can I Get Workers’ Comp For a Heart Attack? (FindLaw’s Injured) Can I Get Workers’ Comp For Stress? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/05/can-i-get-workers-comp-... via Blogger hobbsr04.blogspot.com/2015/05/can-i-get-workers-comp-for-...

via Flickr http://www.flickr.com/photos/87814799@N02/17787118478

Can I Get Workers' Comp For Injuries at a Company Picnic?

You can get workers' compensation for injuries at work, but are you covered for injuries at the annual company picnic?

Company picnics are full of hazards. You could twist an ankle while walking through the park. You could sprain your back defending the marketing team's dodge ball championship title. You could get food poisoning chowing down on barbeque and the CEO's famous potato salad.

Can you get workers' compensation for injuries received at a company picnic?

Work Related

Workers' compensation covers work-related injuries and illnesses. An injury is work related if it is caused by your normal work duties or the conditions of your workplace. A pre-existing injury is also covered if your work aggravated the prior injury.

Company Events

Accordingly, your injury at the company picnic is only covered if it is work related. A company picnic may be work related if:

• You are required to attend -- This is easy. If your boss says you have to be there, then the event is work, and injuries caused there are likely to be work related.
• You are being paid -- Even if the event is voluntary, if the employer is still paying your wages while you attend the event, then your injuries at the party are also more likely to be work related.
• You mix business and work -- Before you can eat, your employer gives some presentations, passes out some rewards and bonuses, and talks about plans for next year. The employer is deriving some benefit from your attendance at the company picnic. So, the picnic is within the course of employment.

However, if the company picnic is entirely voluntary, you will not be able to get workers' compensation for your injuries.

Injured at the Party

If you are injured at a company picnic, see a doctor and get treatment as soon as possible. Then, notify your employer of your injury and file for workers' compensation. Most states impose a deadline on when you have to file a claim.

If you've been denied compensation for a company picnic injury, an experienced workers compensation attorney may be able to help.

Related Resources:

• Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
• Can I Get Workers' Comp for a Knee Injury? (FindLaw's Injured)
• Can I Get Workers' Comp For a Heart Attack? (FindLaw's Injured)
• Can I Get Workers' Comp For Stress? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2015/05/can-i-get-workers-comp-for-injuries-at-a-company-picnic.html

What Happens If a Golf Ball Hits My Car?

via Tumblr hobbsr04.tumblr.com/post/119556053092 If you’re out at the range or on the course, you’re probably most concerned with how you’re hitting the ball. But if you’re parked nearby, you might want to watch the other folks swinging the clubs. One circular dent in your fender can ruin an otherwise great round, and if you don’t know who dinged your ride, you could be on the hook for the repairs. Range Responsibility Most golf courses and driving ranges have posted liability waiver signs, which exempt the business from any damage claims. These signs will usually say something like, “Park At Your Own Risk,” or “Management Not Responsible for Wayward Shots.” So the likelihood is that the range will deny any responsibility for the damage to your car. That said, some business do carry insurance just for these incidents. So it might be worth asking if damage from a sliced 7-iron is covered. The Guilty Golfer In some states, the person who hit the ball is responsible for any damage it creates, and even in states without the requirement, some will pay your deductible out of a moral obligation. Your problem will be actually tracking down the responsible party. Stray golf balls may leave a smashed windshield, but they don’t normally leave a timestamp or a signature. If you know who did the damage, have a friendly conversation about their contribution to the cause. Just be careful – angry golfers can turn nasty. Hazard Insurance Unfortunately, the most probable outcome is that you’ll have to take care of the damage yourself. Comprehensive coverage on your automobile insurance policy should take care of it, though you’ll probably need to pay the deductible. If you live near a golf course or driving range, check to see if your homeowners insurance covers damage to cars parked on your property. (If it doesn’t, you might want to think about upgrading your policy.) If an errant tee shot bounced off your t-top convertible, you might want to call a car accident attorney near you to see who might be responsible. Related Resources: Browse Car Accident Lawyers by Location (FindLaw Directory) Golfer Gets Shot After His Golf Ball Breaks a Window (FindLaw’s Legally Weird) Golfer Sues Over Bird Attack on Course (FindLaw’s Injured) 5 Confusing Car Insurance Terms Explained (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/05/what-happens-if-a-golf-... via Blogger hobbsr04.blogspot.com/2015/05/what-happens-if-golf-ball-h...

via Flickr http://www.flickr.com/photos/87814799@N02/17948278585

What Happens If a Golf Ball Hits My Car?

If you're out at the range or on the course, you're probably most concerned with how you're hitting the ball. But if you're parked nearby, you might want to watch the other folks swinging the clubs.

One circular dent in your fender can ruin an otherwise great round, and if you don't know who dinged your ride, you could be on the hook for the repairs.

Range Responsibility

Most golf courses and driving ranges have posted liability waiver signs, which exempt the business from any damage claims. These signs will usually say something like, "Park At Your Own Risk," or "Management Not Responsible for Wayward Shots." So the likelihood is that the range will deny any responsibility for the damage to your car.

That said, some business do carry insurance just for these incidents. So it might be worth asking if damage from a sliced 7-iron is covered.

The Guilty Golfer

In some states, the person who hit the ball is responsible for any damage it creates, and even in states without the requirement, some will pay your deductible out of a moral obligation.

Your problem will be actually tracking down the responsible party. Stray golf balls may leave a smashed windshield, but they don't normally leave a timestamp or a signature. If you know who did the damage, have a friendly conversation about their contribution to the cause. Just be careful -- angry golfers can turn nasty.

Hazard Insurance

Unfortunately, the most probable outcome is that you'll have to take care of the damage yourself. Comprehensive coverage on your automobile insurance policy should take care of it, though you'll probably need to pay the deductible.

If you live near a golf course or driving range, check to see if your homeowners insurance covers damage to cars parked on your property. (If it doesn't, you might want to think about upgrading your policy.)

If an errant tee shot bounced off your t-top convertible, you might want to call a car accident attorney near you to see who might be responsible.

Related Resources:

• Browse Car Accident Lawyers by Location (FindLaw Directory)
• Golfer Gets Shot After His Golf Ball Breaks a Window (FindLaw's Legally Weird)
• Golfer Sues Over Bird Attack on Course (FindLaw's Injured)
• 5 Confusing Car Insurance Terms Explained (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2015/05/what-happens-if-a-golf-ball-hits-my-car.html

Can I Get Worker's Comp For The Flu?

via Tumblr hobbsr04.tumblr.com/post/119538078702 Have you had the flu this year? You’re coughing and have a sore throat. Your head hurts. Your body aches, and your nose is backed up like rush hour traffic. You have the flu. Now, you have to miss a day of work to go to the doctor and two more days because you can’t crawl out of bed. Can you get workers’ compensation for the flu? Work Related To get workers’ compensation, you must be able to show that your injury is work related, meaning it was caused by your work duties or the conditions of your workplace. To get workers’ compensation for the flu, you need to be able to show that the disease was specifically contracted at work. This is very hard, if not impossible, to prove. However, even if you could somehow prove this, most states specifically exclude diseases from workers’ compensation coverage. South Carolina While workers’ compensation laws do vary by state, we’ll look at South Carolina’s law as a general guideline. South Carolina’s workers’ compensation statute defines a compensable injury as an “injury by accident arising out of and in the course of employment and shall not include a disease in any form,” except for occupational diseases. The statute also says, “No disease shall be considered an occupational disease when it: Results from exposure to outside climatic conditions Is a contagious disease resulting from exposure to fellow employees or from a hazard to which the workman would have been equally exposed outside of his employment; or Is one of the ordinary diseases of life to which the general public is equally exposed.” So, since the flu is an “ordinary disease of life” that you could get anywhere, it is not covered by workers’ compensation, even if you suspect you contracted it from your coughing, sneezing coworker. But I Missed Work! While you usually can’t get workers’ compensation for the flu, don’t worry about missing work. If you’re lucky enough to be full time employees, you’ll usually get sick leave benefits, and the employer will still pay you. If you’ve suffered a more serious injury at work, such as a back or knee injury, an experienced workers’ compensation attorney will be able to help evaluate your claim. Related Resources: Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury) Can You Get Worker’s Compensation for Obesity? (FindLaw’s Injured) Can You Get Worker’s Comp for an Injury During Your Commute? (FindLaw’s Injured) Can I Get Workers’ Comp For Food Poisoning At Work? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/05/can-i-get-workers-comp-... via Blogger hobbsr04.blogspot.com/2015/05/can-i-get-workers-comp-for-...

via Flickr http://www.flickr.com/photos/87814799@N02/17320710623

Can I Get Worker's Comp For The Flu?

Have you had the flu this year?

You're coughing and have a sore throat. Your head hurts. Your body aches, and your nose is backed up like rush hour traffic. You have the flu. Now, you have to miss a day of work to go to the doctor and two more days because you can't crawl out of bed.

Can you get workers' compensation for the flu?

Work Related

To get workers' compensation, you must be able to show that your injury is work related, meaning it was caused by your work duties or the conditions of your workplace.

To get workers' compensation for the flu, you need to be able to show that the disease was specifically contracted at work. This is very hard, if not impossible, to prove. However, even if you could somehow prove this, most states specifically exclude diseases from workers' compensation coverage.

South Carolina

While workers' compensation laws do vary by state, we'll look at South Carolina's law as a general guideline.

South Carolina's workers' compensation statute defines a compensable injury as an "injury by accident arising out of and in the course of employment and shall not include a disease in any form," except for occupational diseases. The statute also says, "No disease shall be considered an occupational disease when it:

• Results from exposure to outside climatic conditions
• Is a contagious disease resulting from exposure to fellow employees or from a hazard to which the workman would have been equally exposed outside of his employment; or
• Is one of the ordinary diseases of life to which the general public is equally exposed."

So, since the flu is an "ordinary disease of life" that you could get anywhere, it is not covered by workers' compensation, even if you suspect you contracted it from your coughing, sneezing coworker.

But I Missed Work!

While you usually can't get workers' compensation for the flu, don't worry about missing work. If you're lucky enough to be full time employees, you'll usually get sick leave benefits, and the employer will still pay you.

If you've suffered a more serious injury at work, such as a back or knee injury, an experienced workers' compensation attorney will be able to help evaluate your claim.

Related Resources:

• Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
• Can You Get Worker's Compensation for Obesity? (FindLaw's Injured)
• Can You Get Worker's Comp for an Injury During Your Commute? (FindLaw's Injured)
• Can I Get Workers' Comp For Food Poisoning At Work? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2015/05/can-i-get-workers-comp-for-the-flu.html