COVID Pandemia y los accidentes automotrices

Los accidentes automotrices aumentaron en un 7% en los Estados Unidos según la Administración Nacional de Seguridad del Tráfico en las Carreteras (NHTSA, por sus siglas en inglés). La NHTSA informó en su reporte que a pesar de que había menor número de conductores en las calles, en los primeros seis meses de pandemia, los accidentes fatales aumentaron debido a distintos comportamientos de los conductores de automóviles, se determinó que hubo un incremento entre los conductores en Estados Unidos que había tenido accidentes automovilísticos y que no portaban el cinturón de seguridad; así como en el uso de alcohol y drogas.

Menor uso del cinturón de seguridad en pandemia

Los conductores de automóviles en Estados Unidos decidieron utilizar con menor frecuencia el uso del cinturón de seguridad en tiempos de inicio de pandemia, probablemente porque no observaban tanto tráfico en las calles y carreteras y esto los hizo relajarse al tomar la decisión de no portar el cinturón de seguridad. Obviando una de las bondades imperativas de un cinturón de seguridad que es la de salvar vidas.

El comportamiento relajado a no portar el cinturón de seguridad, no se limitó únicamente al conductor; sino también, a los pasajeros del automóvil. Es decir, en el año 2019 más del 78% de los conductores hacían uso del cinturón de seguridad, mientras que en los primeros meses de pandemia los conductores que portaban cinturón de seguridad se redujeron a menos del 72%. Aunado a ello, los pasajeros también hicieron una mayor omisión al uso del cinturón de seguridad de un 74% de pasajeros que normalmente utilizaban el cinturón de seguridad en el 2019, se disminuyó dramáticamente en los primeros meses de pandemia a un 59.2% en el año 2020.

El comportamiento de los ocupantes de automóviles, tuvo consecuencias, las estadísticas demuestran que los accidentes automovilísticos con características de ocupantes expulsados aumentó en un 1.5 casos por cada cien percances.

Exceso de velocidad, drogas y alcohol en pandemia

El quedarse en casa por cuestiones de pandemia (COVID) incrementó en un importante 20% el consumo de alcohol y entre 38% y 45% incremento de ventas de mariguana legal (comparado este reporte con el año 2019) en ciudadanos estadounidenses.

Hay varios aspectos a los cuales se atribuye este comportamiento de incremento de consumo de drogas y alcohol, entre ellos a manejo de ansiedad, estrés, facilidad de consumo sin tener que presentar al trabajo al día siguiente, entre otros.  

El aumento de consumo de alcohol y drogas fue contrastante con los accidentes automovilísticos como resultado de exceder el límite de velocidad. Entre los ocupantes de estos accidentes un tercio de los mismos contaba con alcohol o drogas en la sangre. Los accidentes por exceso de velocidad aumentaron un poco más del 21% según la NHTSA, durante este periodo de recesión.

Las estadísticas demuestran que aun cuando era mucho menor el número de automóviles que transitaban en las avenidas y carreteras, el comportamiento de los conductores y pasajeros fue más negligente.

Si usted o algún familiar fue víctima de accidente automovilístico por un acto negligente por parte de otro conductor no dude en contactar a un Abogado en accidente de carro San Fernando Valley, CA de la oficina de Unidos Legales, estarán gustosos de ayudarle.

Getting hurt at work can quickly turn into a complicated situation, especially if an employer is not being supportive or acting within the law. It isn’t uncommon for injured workers to be retaliated against, demoted, harassed, or fired because they reported a workplace accident injury. When employers fail to treat their workers as they deserve to based on protection rights, it may be necessary to call a professional for assistance.

If you aren’t sure whether now is the time to contact a lawyer, here are just a few red flags that you probably should:

Your Employer Has Not Reported the Accident

If you told your boss about an injury accident and they didn’t follow up with you by having you complete paperwork or see a doctor, then something may not be right. Sometimes employers try to dissuade workers from reporting an accident so they don’t have to deal with their insurance company or pay you in compensation.

Be sure to ask for paperwork to report your injury, a copy of it, and follow up for an update about the status of your claim in the days or weeks after. If your employer hasn’t even reported the injury, it may mean you’ll need extra assistance from a lawyer to have it handled correctly.

You Have Yet to Receive Benefits

Let’s say you were approved to receive benefits under a workers’ compensation claim, but have yet to get them. You are entitled to medical treatment and a percentage of your wages if you are not able to work because of the injury. To ensure your claim was not mishandled which has resulted in a delay of payments, you may want a lawyer to intervene sooner rather than later.

You Were Fired After Reporting Injury

Employers may fire an employee after a workplace injury in an effort to avoid paying them in disability benefits. This is against the law and is considered employer retaliation, which warrants contacting a lawyer immediately. Remember, your employer may disguise the reason as to why you were fired as something not related to the workplace accident. Don’t fall for it, and call a lawyer to advocate for you.
Contact a Workers Compensation Lawyer for further advice about your workplace injury accident, such as a legal professional at Rispoli & Borneo, P.C.

Construction Accident Lawyer

After a workplace injury, many workers are entitled to workers’ compensation. As a Hauppauge NY Construction Accident Lawyer from a firm like Polsky, Shouldice & Rosen, P.C. can explain, while workers’ compensation may  not apply in every situation, it does in a majority of workplace injuries. How does workers’ compensation work? The following are some basics.

Purchasing the Policy

Your employer is responsible for purchasing a workers’ compensation policy. Many employers are required to by the state, though there are some requirements set forth. For example, in some states, only employers with five or more employees are required to purchase a policy. If you were the company’s only employee, you might not have coverage, but many employers purchase it regardless. 

Workers’ compensation isn’t like a 401k or a health insurance plan. You won’t see a contribution from your paycheck and you won’t be required to pay any monthly premiums. Instead, your employer pays for the policy and it covers all qualified employees.

Using the Policy

If you are injured at work, you will first need to report the injury to your employer. Many states require that you do this within a specified amount of time, such as one week, but other states just ask that you do it as soon as possible. After you have reported the injury, your employer will need to file the claim with the workers’ compensation board. Not all employers are on top of it like they should be, so you need to stay connected to the process to ensure it gets done.

When you receive medical care or have to pay for other expenses related to your injury, keep good records of all documents and bills. You will use these documents to prove your case with the workers’ compensation board. If you are offered lower than you feel you deserve, you can use the documents and bills as evidence that you deserve more.

Workers’ compensation covers several types of damages. This includes medical expenses, lost wages, loss of the ability to make a living and other similar damages. Your lawyer can help you understand what damages you can seek after a workplace injury.

Contacting Your Workers’ Comp Lawyer

Workplace injuries can be difficult to deal with because of all the requirements that must be met, but that doesn’t mean you should give up trying. If you are injured at work, you should be compensated for those injuries. Contact a workers’ compensation lawyer today so you can get the help you need to obtain what you feel you deserve.

As any trial lawyer has learned, proof of diminished earnings capacity presents one of the more difficult evidentiary problems for plaintiffs. While such damages often form an important aspect of a plaintiff’s damages, juries frequently express a (perhaps more than) healthy skepticism of such claims.  The defense’s counsel is likely to contest the viability of loss of earnings capacity claims, and expert opinion will often be required. Careful consideration of the operative law regarding the proof of these claims at trial is essential for any trial lawyer, as a personal injury lawyer, from a firm like the Law Offices of Ryan Quinn, PLLC can explain.

If a person has experienced a permanent injury that hinders the work for which they are qualified to perform by education, training or experience, a damage award for diminished or lost earning capacity is appropriate. Exxon Corp. v. Fulgham, 224 Va. 235 (1982). Even if a plaintiff may be earning more post injury, the plaintiff may still be entitled to damages for the impairment of earning capacity, as damages are based on the potential capacity to earn. 

Anthes v. Anthes, 258 Iowa 260, 139 N.W.2d 201 (1965).

Courts routinely admit evidence of numerous factors (including the injured person’s age, health, intelligence, capacity to work, experience, training, record of employment and future avenues of employment) in order to establish earning capacity and changes in earning capacity. Overstreet v. Shoney’s Inc., 4 S.W.3d 694, 704 (Tenn.Ct.App. 1999).  Self-employed plaintiffs present special problems in establishing lost earning capacity. If the person uses a solely owned or closely held corporation or similar business entity, a defendant may claim the individual has no loss but that any “loss” is that of the entity. See Landmark Comm. v. Macione, 230 Va. 137,

334 S.E.2d 587 (1985). One potential approach is to present the cost of hiring replacement employees or contractors as evidence of the individual’s diminished earning capacity. See Cost of Hiring Substitute or Assistant During Incapacity of Injured Party as Item of Damages in Action for Personal Injury, 37 A.L.R.2d 364. 

A claim for loss of earning capacity cannot be grounded solely on raw statistical evidence. Bulala v. Boyd, 239 Va. 218, 389 S.E.2d 670 (1990). This rule creates difficulties in proving lost earning capacity of infants. If an infant’s lost earning capacity claim is grounded upon facts specific to the infant, a court will allow recovery for the lost earning capacity. Musick v. Dorel Juvenile Group, Inc., 2011 WL 4851552, __F. Supp.2d___ (W.D. Va. 2011).

In summary, proof of lost earnings capacity presents unique problems to a plaintiff’s lawyer at trial. A thorough understanding of the relevant case law is an essential first step toward winning admission at trial of this important evidence of your client’s damages.

ROLLER SKATING

Covid has impacted all of us in many ways. Activities once possible are currently no longer. In this respect, people have become more active outside, since regular gym participation is not possible. One of the more common sports to become popular (again) is roller skating. While in-line skates have remained about the same in popularity, quads, aka the original double sets of wheels, have returned with immense popularity. However, even with proper padding and precautions, accidents do occur. Should you find yourself injured through no fault of your own, you need a reliable and knowledgeable personal injury attorney at your side. 

Injuries often occur in areas specifically designed for the use of skates, such as parks, roller rinks, and pop-up parties. For liability to arise, meaning that you are able to be compensated for your injury, you must show that you are not responsible for the harm caused. This means that while you are in the skating location, you abide by all the rules required by the establishment. They may vary from required protective gear, a limited direction or speed of skating, a certain level of experience, and/or an assurance that no alcohol is in your system. 

Even with a helmet securely on, a bad fall from roller skates can lead to great physical injury. Most notably, concussions may still occur – while helmets do protect the outside of the skull, the inside still experiences a sharp whiplash upon the fall. Along with concussions, skates may sprain ankles, fracture wrists or elbows, suffer from lacerations, or even broken bones. One of the most common causes of injury during roller skating is from the conduct of other skaters, either skating dangerously, or by dropping food or beverages on the ground causing others to fall. 

 If you have been injured at a roller rink, you may not be liable for your medical bills. If the business has been found to be negligent in their duty to maintain the safety of the rink, a court may order them responsible for your medical bills. Examples of this would include negligent instructions from a teacher, floors not properly kept clean, or a poorly maintain skating area. Additionally, if another skater was acting recklessly, and their actions led to your injury, you may be able to sue the owner for allowing them there to begin with. Owners have a responsibility to maintain their business and to keep the premises safe for all who use it.

When you become injured as a result of a workplace accident, it can have serious consequences. You may be worried that the stability of your income is in jeopardy. You may not be able to come back to work for a few weeks or possibly even months. The experience can be life-altering. However, a lawyer will be able to support you through the situation and help you file a claim so that you can recover your rightful compensation. Schedule a consultation with a top lawyer who understands how to handle workers’ compensation claims. Here are some questions you may have regarding workers’ compensation claims and personal injury claims. 

What are the differences between a workers compensation and personal injury claim? 

If a person becomes injured, they might decide to file a personal injury claim, or workers compensation claim if they were injured while they were on the job. While both claims involve injury, the damages you can seek differ depend on which type of claim you file, as workers compensation lawyers like one from Polsky, Shouldice & Rosen, P.C. can explain. 

Some of the key differences between the two include: 

• Fault. For personal injury claims, fault has to be established. When you are filing a workers’ compensation claim you don’t need to present evidence that your employer did anything wrong. 
• Damages. One important difference between the two claims is that you can only list pain and suffering in a personal injury claim but not in a workers compensation claim. 

Can I file both claims at the same time? 

It depends on your situation. A lawyer may suggest filing a workers’ compensation claim at the same time as a personal injury claim if it is appropriate and if it is likely to result in an increased compensation. For more information about filing concurrent claims, contact a lawyer who has experience handling both workers compensation and personal injury claims.

As with any case, having a lawyer first review your case details is highly beneficial and recommended. Moving forward in the claims process without consulting with a lawyer is risky, and your claim might be denied. Having a lawyer by your side who has specific experience with workers compensation has many advantages. The last thing you want is to notice a last minute error right before you submit a claim. Don’t delay seeking legal assistance. Schedule a consultation now with a lawyer who will be committed to your best interests and fight for your fair and just compensation. 

Being involved in a sudden car accident can be a frightening and traumatic experience, leaving you disoriented and unsure of what to do. Knowing what key actions to take and what not to take will help you preserve your rights and avoid any legal issues if you decide to file a claim and pursue the individual responsible. You can ask an experienced car accident lawyer that Milwaukee, WI relies on like one from Hickey & Turim, S.C. for more information about how to protect your legal rights after a car accident. 

What to DO After a Car Accident

• Notify your local law enforcement. Immediately after an accident, call 911 and let them know you have just been involved in an accident. The police may not be able to arrive at the scene on time or at all, but it is important that you make an attempt to notify authorities. 
• Exchange contact and insurance information. Talk to the other driver and exchange information such as your name, drivers’ license, phone number, insurance, and vehicle make and model. 
• Take photos and videos of the accident area. While you are at the accident site, take photographs and record videos of the area. Document all damages in detail. This includes all vehicles involved, debris on the road, and any property damage.
• Speak to witnesses. If there are any witnesses who saw the accident occur, talk to them and collect their statements. Obtain their contact information for reference so that you can get in touch with them if you need to.

What NOT to Do After a Car Accident 

• Flee the scene. It is illegal to flee the scene of an accident if someone was injured, killed, or the accident resulted in considerable property damage. Do not leave the scene for any reason even if you have good intentions.
• Refuse medical attention. It is recommended that you accept a medical evaluation right away after a car accident, because the report serves as crucial evidence if you decide to file a claim. 
• Forget to obtain the police report. Don’t forget to pick up a copy of the police report that contains details of the accident. This includes the individuals involved and the cause of the accident. 
• Apologize or accept blame. Never apologize or express guilt after a car accident because this can be used against you. 

Contact a top car accident lawyer now if you need urgent legal assistance.

Expenses To Claim for a Personal Injury

Injuries can not only place a huge burden on your physical health, but they can also have a detrimental effect on your finances. Being able to file a claim to cover some of the costs for an injury is often crucial to getting back on your feet. Before you file a claim, you need to know what expenses you can include and how much they are worth. Here are the top things people claim in personal injury cases.

Medical Expenses

As you might expect, a personal injury claim usually includes medical expenses. Any money you spend for medical reasons related to your injury (hospital, ambulance, emergency room, surgery, test, and/or physical therapy bills) can be claimed. It is important to keep careful records of these expenses so that you can claim them.

Lost Wages

Many people find they are out of work after a serious injury. If your injury causes you to miss a lengthy amount of work, you can make a claim for lost wages. This is the money you would have earned if the injury had not happened. You may not receive the total amount of your lost wages, but you can at least get some of it back.

Related Costs

Some costs do not fall cleanly into other categories, but that doesn’t mean you can’t claim them. Any costs associated with your injury, such as buying crutches or paying for a rental car, can be claimed. If you are seeking a Middletown, NJ personal injury attorney, then consider an attorney from a firm like Rispoli & Borneo, PC to assist you with your case or questions.

Property Damage

It is also possible to file a property damage claim to cover the costs of repairs for property. The most common reason for this is damage to a vehicle after a car accident. The claim can help fix or replace the old vehicle.

Pain and Suffering

Pain and suffering can at times involve a loss of joy in living, emotional distress, and serious mental repercussions caused by the injury. As these are still things you had to struggle with after the injury, they can be claimed. However, because there is no monetary value associated with pain and suffering, it can be harder to prove worth to insurance. In no-fault states and in worker’s compensation cases, pain and suffering cannot be claimed.

The general rule of FMLA is that eligibility depends on having worked for an employer at least 12 months, having worked at least 1250 hours in the preceding year, and being located at a worksite where there are at least 50 employees within 75 miles. Joint employment is a special circumstance that gives rise to a specific set of rules for determining FMLA eligibility.  There are many kinds of joint employment, but the most common instance is where an employee works for one employer but was placed there by another employer, typically an agency.

Which Employer is Primary?

Under FMLA, one employer will be considered primary and the other will be secondary. Agencies are usually considered primary, but if there is any question, factors that help determine which employer is primary include the following:

•      authority to hire and fire
•      authority to make work assignments or placements
•      decisions about pay
•      provision of leave and/or benefits

Which Employer Has to Provide FMLA?

Both employers must be analyzed when trying to determine the employee’s eligibility under FMLA, not just the primary employer who pays the employee.

In judging the minimum number of employees, FMLA usually looks to the primary employer location (i.e., where the employee is assigned or reports), but if the employee has worked at the secondary employer for at least 1 year, then the secondary employer’s location comes into play.

For example, let’s say that an employee works for Small Agency and is placed at Large Company.  Even if the employee is not eligible for FMLA through Small Agency because there are fewer than 50 employees, the employee may be eligible through Large Company if there are more than 50 employees and the employee’s work with Large Company meets the 1-year employment and 1250-hour minimum qualifications. Conversely, if an employee works for Big Agency and is placed at Small Business, and if Small Business has fewer than 50 employees, eligibility for FMLA will likely flow through Big Agency, assuming the 1-year employment and 1250-hour minimum qualifications are met.

If the employee is eligible for FMLA through either employer, the primary employer is responsible for providing the leave, maintaining the employee’s health insurance benefits, and restoring the employee to equivalent work after the leave is over.  If the primary employer is a staffing company and is still providing staff to the secondary employer, the secondary employer is jointly responsible for restoring the employee to the same or an equivalent position after the leave is over. Both employers are prohibited from interfering with FMLA or retaliating against the employee for having taken the leave, and each employer is liable for FMLA violations, regardless of whether the other employer is in compliance.

If you are jointly employed and believe you are eligible for FMLA but have been deemed ineligible by your employers, contact an employment and employment discrimination lawyer trusts for help.