Take the example of a school bus driver who became a work accident victim. The woman was driving the bus when its front wheels dropped into a hole in the street; the hole was caused by a faulty construction patch placed over a sinkhole. The resulting jolt caused the woman to suffer personal injuries.
]]> The bus driver filed a workers’ compensation claim, which may have covered some or all of her medical expenses and lost wages. The woman additionally filed a claim against the City of Providence for its failure to properly fix the pothole. At the end of the court trial, the woman was awarded damages against the City of Providence of close to $65,000. The judge did not allow the City of Providence to ask the bus driver how much money she received from her workers’ compensation claim.This case shows that it may be possible for an injured worker to simultaneously collect workers’ compensation and damages for negligence. Experienced attorneys can provide advice to people injured on the job in order to collect all appropriate costs and damages resulting from the harm.
Source: Source: WPR Eyewitness News, “RI'S top court upholds bus crash award,” May 7, 2013
]]>Recently, the family of a 69-year old worker, who was killed in a construction accident on a remodeling job, filed a wrongful death lawsuit against the general contractor and the property owner. The deceased man's daughter alleged that her father would not have fallen through an opening on a deck straight down to the basement eight feet below if the defendants had followed safety standards and codes. She claimed that a safety railing should have been installed around the gap to prevent her father from tumbling. The defendants disagreed that they had done anything wrong and suggested that the man may have fallen due to a heart attack. In an effort to avoid the uncertainties of litigation, the parties settled the case for the sum of $120,000.
]]> When a person suffers injuries or death due to hazardous conditions that should have been fixed by a property owner or contractor, they may not realize that they could have a legal claim for premise liability. Whether the injury is due to a construction accident, icy sidewalk, wet floor, inadequate security, or other harm, the victim should know that compensation might be possible. It is best to speak with an attorney who specializes in personal injury claims to discuss the situation and review potential claims for relief.Source: Staten Island Advance, “Staten Island woman accepts $160K in injury suit,” Frank Donnelly, April 29, 2013
]]>Investigators will have to interview the drivers and passenger involved in a recent Rhode Island car accident to determine why the crash occurred. All that is currently known is that a 50-year old man driving a Suburban and a 67-year old man driving a Jetta ran the vehicles into each other at 4:35 a.m. The accident required emergency medical care; both of the men and a 49-year old female passenger who was riding in the Jetta were taken to area medical centers. The driver of the Jetta did not survive the accident, but the other injured parties are expected to recover.
]]> Individuals who are involved in a car collision involving a fatality may find themselves to be emotionally devastated for a long period of time. Moreover, there can be substantial financial impacts where the affected parties must cope with medical bills, lost wages and other monetary difficulties. In such a case, it may be a good idea to speak with an experienced attorney who can clarify possible compensation for the accident survivors.Source: Wicked Local Somerville, "Rhode Island man dead after car crash in Somerville," April 23, 2013
]]>Recently, the Occupational Safety and Health Administration cited CVS Pharmacy for failure to maintain an emergency protocol in one of its stores. The citation comes as a second violation after the same problem was noted in two other stores over the last three years, including a CVS location in Providence, Rhode Island. Company officials responded that they prioritize worker and shopper safety, but they did not comment on the specific allegations. Failure to comply with the citation could result in a $40,000 fine for CVS.
]]> In an emergency situation, it is critical that a retail store implement an orderly plan to minimize chaos and potential injury. In the event that a shopper is damaged due to the property owner's negligence or failure to act appropriately in an emergency, a legal case may be filed. It can be a good idea to consult with an experienced attorney to review the details of the injury, together with any resulting medical or other related expenses.Source: Poughkeepsie Journal, "Feds want to fine CVS $40k in Red Hook," April 8, 2013
]]>Reconstruction experts may have to be consulted to determine the cause of a recent auto accident near Rhode Island. Authorities are continuing to work on the accident investigation and have not advised how the accident occurred or which driver was at fault. There were no passengers, and the drivers of both cars were taken to Rhode Island hospital with serious injuries stemming from the head-on collision. Medical treatment could not be administered immediately as the major damage to the front of both cars temporarily trapped each of the victims inside. The jaws of life were required to eventually free both drivers from their mangled vehicles.
]]> The driver who caused the accident is responsible for paying the damages of the driver who was not at fault. Such damages can include compensation for medical expenses, lost time at work, and pain and suffering, among others. People who have been injured in a car accident may want to discuss the situation with experienced legal counsel to get more information about possible monetary remedies.Source: WPRI Eyewitness News, "2 injured after head-on crash in Rehoboth," Caitlin Hill, April 11, 2013
]]>Recently a 41-year old Verizon worker was fatally wounded in a workplace accident while accessing wires from a bucket attached to his vehicle. Local officials, the Occupational Safety and Health Administration, company representatives, and National Grid researchers are all investigating the accident, but it appears that high tension wires, strung above the ones used for cable and television, rubbed against the bucket. The contact resulted in a fire and subsequent explosion, the noise of which alerted a neighbor to the crisis. When rescue workers reached the scene, they found that the victim had been ejected from the bucket and died immediately.
]]> The victim was married, and his wife is certainly suffering great heartache and loss. There is no way to bring back a loved relative after a tragic accident. However, whenever a worker is injured in an accident it is always a good idea to have a conversation with legal counsel. Discussing the facts of the case with an attorney can help family members learn whether workers' compensation benefits may exist. Moreover, experienced counsel can discuss any other rights and remedies available in civil court.Source: The Westerly Sun, "Man killed instantly in explosion in Charlestown," A.J. Algier, March 23, 2013
]]>Meant to cut down on serious injuries and deaths in car accidents, Click It or Ticket is a nationwide operation organized by the National Highway Traffic Safety Administration and adopted by police departments across the country. Police departments choose focused periods in which they specifically target motorists for seat belt violations.
The Warwick PD's most recent focused period was from March 18 to 24, running both day and night. Although officers can always hand out seat belt tickets during ordinary traffic enforcement, the period of focused enforcement is meant as a reminder to all drivers of the importance of using child seats and personal safety belts in order to reduce the often catastrophic, life-changing results when people involved in car accidents aren't buckled up.
]]> In addition to the 178 seat belt or child seat tickets Warwick officers handed out during the campaign, the department also caught 13 people driving on suspended licenses, 5 who were allegedly driving under the influence, and several other people for a variety of reasons.Even without Click It or Ticket enforcement periods, we're all safer when we buckle up. According to NHTSA, between 2004 and 2008 alone, seat belts saved an estimated 75,000 lives.
"During a crash, being buckled up helps keep you safe and secure inside your vehicle, whereas being completely thrown out of a vehicle is almost always deadly. Seat belts are the best defense against impaired, aggressive, and distracted drivers," the agency says.
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The goal was to reduce the toll from the serious and deadly car accidents that were occurring virtually daily in those areas. Did it work?
A news crew from NBC 10's I Team recently decided to find out, and the news was generally good. Although total car accidents on the curves actually increased by 28 percent last year, crashes with injuries were down by 49 percent.
]]> "It's been very successful," a spokesperson for RIDOT told the reporters. "We were able to cut injury crashes in half."Officials believe the increase in total accidents was probably unrelated to the changes, or largely. Traffic through the area increased by around 10 percent last year, explaining at least some of the additional fender benders.
Beyond the human cost of serious car accidents, the RIDOT spokesperson pointed out that the reduction in crashes has already saved Rhode Island a lot of money. A state report estimated that we've already saved over $4 million in financial costs and medical expenses because of the decrease in accidents.
"For every one dollar spent, it's an $80 return on investment," he said.
In light of tight state and federal transportation budgets, he stressed, it's particularly heartening to know we can still have a substantial impact on traffic safety with relatively small projects like this one.
"We have to look at new ways of getting creative," he told the reporters, "and getting a bigger bang for our buck."
Source: WJAR NBC 10, "I-Team: I-95 warning signs paying off," Katie Davis, March 25, 2013
]]>The firm recently performed an analysis of data that had been published in the New England Journal of Medicine and the Journal of Applied Psychology to find out. Its analysis found that the changeover disrupts people's lives so much that it creates a noticeable increase in both heart attacks and workplace accidents.
Beyond the human cost, the firm estimated the amount of money the U.S. economy loses due to the additional injuries, heart attacks and what it calls "cyberloafing" -- drowsily surfing the Web at work. The total cost in 2010, the firm estimated, was $433,982,548.
]]> Once Chmura's numbers were broken down by region, a detailed analysis of the nation's 360 largest metro areas was posted online. For the Providence-New Bedford-Fall River metropolitan area of Rhode Island and Massachusetts, the total economic cost of daylight savings time was estimated at $3,141,889.The states with the largest total economic loss were Florida and West Virginia. The reason? Both the increased rate of heart attacks and workplace accidents fell heavily on mining and construction workers. West Virginia's mining industry and Florida's long construction year apparently expose them to the greatest risk of harm when workers are fatigued.
The metro area that experienced the steepest economic losses from workers exhausted after the sudden time change was Morgantown, West Virginia. Its total daylight savings-related loss was estimated at $445,685 -- a total of $1.65 per resident. Providence-New Bedford-Fall River came in 117th out of 360, with a total loss of $3,141,889, or $1.93 per resident.
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According to press reports, Brand was at the hospital for unspecified reasons. Whatever the cause, a large group of paparazzi was apparently in the area. After the security guard accompanied the actor out of the hospital, Brand got in his Range Rover and supposedly took off, striking the plaintiff. Although reports continue to refer to the pedestrian accident as a hit and run, the plaintiff and his lawyer never claimed it was.
]]> Quite the opposite, in fact. The security guard's lawyer told reporters last October that Brand had indeed stopped after the accident and asked the guard if he was OK. The stricken guard appeared dazed and did not respond normally, but he was conscious. Brand did leave at that point, but he left a member of his staff behind at the accident scene to handle the insurance questions. Besides, the pedestrian accident had occurred outside a medical center, so Brand did not act inappropriately.At the time, the security guard's lawyer speculated that Brand may have been distracted by the paparazzi when he allegedly struck his client.
As for the motivation for the lawsuit, the security guard's lawyer also said last October that the main reason was foot-dragging by the insurance company.
Brand recently filed legal papers in response to the lawsuit. In his answer, the actor denied all or virtually all responsibility for the accident. In fact, he blamed the security guard's own negligence for the incident, along with his employer, whom the document says "failed to provide plaintiff with a safe place to work," among other allegations. Furthermore, Brand argues in that document, this should have been filed as a workers' compensation case and, assuming that it has, Brand's law firm believes he could at most be held responsible for the man's noneconomic damages, such as pain and suffering.
Whenever a driver is involved in a pedestrian accident, questions naturally arise about whether he or she was distracted. When paparazzi are in swarm, it's indeed likely to have been the case. Do you think the paparazzi played a role in this accident?
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Unfortunately, the answer was no in about a third of cases. The study, which looked at a statistically representative sample of nursing home stays taking place in 47 states in 2009, found evidence of serious issues in care management, some of which put patients in danger.
Beyond the human cost of nursing home neglect, DHHS estimates that Medicare paid about $5.1 billion that year for substandard care. The sample studied corresponds to about 1.1 million patient visits to nursing homes nationwide.
]]> Most nursing homes accept both Medicare patients and those with other means of payment, but if they accept Medicare, they have to comply with the law. That means these findings affect Medicare and non-Medicare patients alike.The biggest issue was apparently that many nursing facilities failed to create appropriate, individual care plans for every patient as required by law. These care plans are necessary because they ensure that every member of the health care team knows the patient's current treatment plan, goals and progress.
Unfortunately, all too often DHHS found that there was no care plan, an inadequate plan, or a plan that wasn't being followed.
Around 20 percent of the time, patient health problems weren't addressed in the care plan at all. For example, one patient studied was on an anti-depressant and two anti-psychotic drugs that could have serious side-effects, but nothing was in the plan about monitoring those medications.
In nearly a third of cases, nursing homes failed to make adequate plans for patient discharge or transfer. They failed to provide enough information for follow-up treatment when patients were transferred to another facility or to for successful home care.
In many cases, patients' care plans weren't followed, perhaps due to greed. The report specifically called attention to the fact that it was in the nursing homes' financial interest to provide or continue treatment patients didn't need. For example, one patient continued to receive occupational and physical therapy even though the care plan stated that all the health goals were already met.
The report did not list the nursing homes studied or the number of patients harmed by neglect. All of the offending facilities, however, were forwarded to the Centers for Medicare & Medicaid Services for action.
Source: The Huffington Post, "Medicare Paid $5.1 Billion In Taxpayer Dollars For Substandard Nursing Home Care, Report Finds," Garance Burke, Feb. 28, 2013
]]>A number of lawsuits, for premises liability, defective products and even obstructing the entrance, were brought against the club. It wasn't until June 2010 that the first settlement checks were sent out in those lawsuits.
Although a variety of reforms have been put into place over the past decade, one of the most interesting was a little-known change to Providence's licensing requirement for club bouncers. Previously, bouncers had been trained in dealing with drunken customers and breaking up fights. Now, part of their training includes emergency crowd control.
]]> WPRI recently interviewed a trainer who was teaching student bouncers about how to sense panic and what to do about it."We have to teach them, remember, in an emergency, all bets are off, every exit is open, everyone is brought towards there," said the owner of the Colosseum, who supports the training.
At least one of the student bouncers, who can earn a certificate after the four-hour course, knew people involved in the Station fire. After that, the idea of safety as a top priority hit home.
Will changes like the bouncers' emergency crowd control training make a difference? It almost undoubtedly will. The costs of a major fire, when measured by premises liability and other claims that quantify the injuries and losses of the victims and their families, are substantial. That cost is estimated that nearly $175 million in legal settlements. When measured in pure human terms, a four-hour course on panic prevention and orderly evacuation are well worth the extra effort.
Source: WPRI.com, "Prov. bouncers trained for emergencies," Nancy Krause and Susan Hogan, Feb. 20, 2013
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