Tag Archives: Philadelphia Personal Injury Lawyer

Common Construction Accidents and How to Prevent Them

Common Construction Accidents and How to Prevent Them

More workplace accidents occur due to construction than any other industry in the United States. A lot of these accidents are caused by recklessness. After an accident, you’ll want to talk to a construction accident lawyer, but trying to avoid accidents will help the most. It’s vital to know what kinds of hazards your workplace poses and how to avoid getting hurt.

In the United States, around 20 percent of all work-related deaths are attributed to the construction industry. Given the severe figures presented, every major participant in the building business has to be made aware of the dangers that exist and the options for lessening those risks. Employees must learn about their rights to compensation for injuries to avoid injuries in the first place.

Construction has a history of being dangerous. Workers and employers alike should be alert to possible dangers.  After you’ve been hurt on the job, speak with an attorney who specializes in workplace injury claims. To learn about workplace dangers, it is essential first to understand risks like injuries and illness.

Injuries And Accidents Connected to Different Types Of Construction Work:

Other injuries and diseases that often occur as a result of construction incidents include:

  • Damage to the shoulders, knees, and joints
  • Shattered bones and fractures
  • Wounds and other damage
  • Finger, toe, arms, and leg amputations
  • Injury to the eyes
  • Burns including chemical burns, electric burns, fire, or explosions
  • Hearing loss because of consistently loud noises or abrupt noise
  • Traumatic brain injuries, which include concussions
  • Death

Common Construction Site Accidents and How to Prevent Them:

If construction procedures aren’t followed, it becomes a hazardous line of work. Nearly 20% of private-sector worker deaths in the US come from the construction industry.  Construction site accidents may occur because of a range of reasons, some of which are listed below, along with some ways to avoid them:

A Descent From The Heights:

When building something, most tasks require heights like roofing, ladders, and scaffolding. A lot of construction injuries happen when workers fall, and this can result in significant damage. It is the responsibility of managers and owners to provide trained employees to install climbing equipment like ladders and scaffolds safely. They must be examined before each day to confirm that they fulfill safety regulations and are fully functional.

  • Mishaps, Slips, and Trips:

One frequently sees a building site with supplies, tools, and garbage strewn about. Workers have the potential to trip and injure themselves on the barriers, causing lost time at work. To avoid falls at the building site, it is critical to ensure that the workspace is kept free of clutter. In addition, management should ensure that the building stays dry so that any people using it can’t slide or trip.

  • Electrocution:

There will always remain a project’s leftovers—exposed cables, broken power lines, or malfunctioning machinery—until the project is done. That defective equipment and power cables might lead to electrocution. Electrocution may lead to deadly injuries, and unfortunately, these injuries are prevalent.

To reduce the chances of an electrocution accident, site supervisors should ensure that any exposed wires or locations with high voltage are adequately identified and fenced off. In addition, to reduce the risk of electric shock, all tools must be kept clean and operational.

  • Debris Falling:

At a construction site, employees are at risk of getting hurt by materials, equipment, and other objects that fall from great heights. In some cases, falls can cause severe injuries, depending on the size of the falling thing.

Workers are often vulnerable to falling objects and risk getting injured or even killed. Installation of safety nets that capture or slow down falling objects is one approach to reduce these dangers. Also, companies must make sure they equip employees with protective headgear and footwear to defend against anything falling on them.

  • Overexertion:

Construction is physically rigorous and exhausting, and construction workers are vulnerable to overexertion injuries. Because the job requires moving important things or doing monotonous activities, it is essential.

Workers should have the proper equipment, so they don’t injure themselves by working too hard. They might get a back brace to help them with heavy lifting or use ergonomically designed equipment to do tedious jobs. And, when doing repetitive activities, employees must have regular pauses.

  • Faulty Equipment:

Accidents caused by faulty machinery may be pretty dangerous in construction. Avoiding faults by employing regular maintenance is an effective method of staying safe. Ensure equipment has been maintained before usage by checking the maintenance journal. Keeping everything in good shape keeps everything up to code, extends the usable life of tools, and generally carries everything in good functioning order.

A brief examination and a walk-around are things to perform before beginning to use machinery. Any flaws or risks will show up here. Fault finding on defective equipment accident cases may be time-consuming. It’s essential to have the proper training to spot problems and conduct inspections before using the equipment.

  • Toxic Chemical Contact:

Corporations (both private and public) are liable for ensuring their employees are trained in occupational health and safety. Employees must take hazard communication and material safety data sheet training for their jobs that might put them in danger of coming into contact with hazardous substances.

Chemicals should be well labeled and easy to access, as well as available in the workplace. For chemicals like an eyewash station, mandatory safety equipment is necessary. Legal protection is provided through legal counsel and OSHA regulations after chemical exposure.

How Can a Construction Accident Lawyer Help?

Workers injured on the job must often submit a workers’ compensation claim. The system offers medical care and financial support to workers while they heal at home from their accident.

Workers may sometimes have to file a lawsuit to be compensated for injuries, but an injured worker can rely on their employer for compensation in some conditions. For instance, you may have a limited ability to get payment and reimbursement for your injury, or your claim may be rejected altogether. If that occurs, you may have to get your claim appealed.

When you’re injured, you might incur tremendous costs, such as time away from work, medical expenses, and other headaches. You should consult with a lawyer or a law firm before doing anything else, including trying to settle by yourself. This one action can benefit you much in your recovery and provide you a greater chance of getting compensation by putting you on an equal footing with the party at fault.

Have you suffered a construction-related injury? Do you know what legal help you can get? Contact the construction accident attorneys at Philadelphia Injury Lawyers P.C. for a free consultation.

Covid-19, Nursing Homes and Federal Regulation

Covid-19, Nursing Homes and Federal Regulation

As covid-19 ravaged nursing homes, it killed 184,000 elderly and disabled patients as well as their caregivers. The U.S. Senate is considering a measure to modernize government rules and supervision of these institutions. ‘The Nursing Home Improvement and Accountability Act’ was proposed by six Democrats, including Oregon Senator Ron Wyden and Scranton Senator Bob Casey.

Covid-19 infections are on the rise throughout the nation, more so now due to the highly infectious Delta variant. Nursing facilities may not be fully equipped to deal with the spread of the virus or deal with its impact on the health sector, thus compromising the health of those in need of care. In the event of such negligence, a personal injury attorney is the best option.

Staggering Death Toll:

A spike in illnesses in early 2020 sheds attention on nursing facility staffing shortages and infection control problems, particularly at Brighton Rehabilitation and Wellness Center in Beaver County, where the first outbreak occurred. To help the personnel at the huge 589-bed hospital, Pennsylvania Governor Tom Wolf called in National Guard troops. More than 70 people died in the community. As it turned out, the coronavirus had spread across the whole facility.

Even though Brighton had more covid-19 fatalities than any other nursing home in Western Pennsylvania before vaccinations were available late last year, few institutions could avoid infection. Covid-19 fatalities accounted for more than half of Pennsylvania’s 27,957 deaths in long-term care institutions — 13,434 among residents of nursing homes, and 1,894 among residents of personal care and assisted-living facilities

In many states, such numbers were the norm rather than the exception. In June, the New York Times reported that nursing home patients accounted for 31 percent of the nation’s covid-19 fatalities, even though just 4 percent of the nation’s covid-19 cases were among nursing home patients.

Why Nursing Homes?

Zack Shamberg, the Pennsylvania Health Care Association’s president and CEO, said it’s a significant problem. The association represents more than 200 Pennsylvania nursing homes and 200 assisted living and personal care facilities.

Despite this, his organization has reservations about some sections of the law that have been proposed. According to the association, patients must not be required to sign agreements waiving their legal rights when they are accepted to nursing homes.

When it comes to long-term care in Pennsylvania, “banning arbitration agreements would mean that more and more money would go to trial lawyers instead of bedside treatment,” Shamberg said. Additionally, state authorities are mandating vaccination of employees in nursing homes to enhance infection prevention.

According to the Centers for Disease Control and Prevention, nursing home patients with COVID-19 are five percent more likely to suffer than someone of the same age who lives at home. About 33 percent of COVID-19 fatalities occur in nursing homes and other protracted care settings. Nursing homes and other long-term care institutions have lost almost 163,000 residents and staff.

Quality control problems existed at many facilities even before the epidemic hit. In February 2020, State Survey Agencies penalized more than 6,600 nursing facilities (almost 43 percent) for prevention and treatment program inadequacies, including a lack of a corrective plan in place, according to the Health and Human Services Office of The Inspector general.

 Due to a lack of resources devoted to required requirements for efficient preventive and control programs, the nursing home sector was ill-prepared after the COVID-19 epidemic, sometimes to fatal results. More than 80,000 people live in nursing homes in Pennsylvania, which have more than 700 facilities.

As part of their custodial care, nursing homes offer primary medical care that isn’t accessible at home or assisted care centers. Other services provided by most nursing homes include post-acute-surgery care, behavioral and mental care, treatment of complicated comorbid illnesses, such as respiratory and kidney ailments, and wound care. Consequently, managers (and an often undertrained staff) are forced to do far too many duties to provide adequate care for these residents with complicated and severe illnesses.

“Skilled care” residents get reimbursements from Medicare, managed-care organizations, and insurance companies at a cost that’s three to ten times more than custodial care.

For example, the COVID-19 spikes in April and mid-December prompted hospitals to decrease the number of surgeries and hospital admissions for critical care, which substantially reduced reimbursements for nursing home residents at higher skilled-care rates. Homes were falling into financial ruin as a result of this cutback.

As of late spring 2020 and into this year, “provider relief” funds totaling about $10 billion helped slow the financial collapse. In addition to the burden of significant non-operational payments made to landlords, investors, operators, real estate companies, and management firms, this financing is just a short respite and not a long-term remedy to decreased income.

How to Regulate Improvements?

The nursing home business is prone to managers and owners that prioritize money above excellent care. Making money is neither unlawful nor immoral. Siphoning money “knowingly” leads to government demands for payment for treatment that was never provided, or was severely negligent, which is a criminal offense. However, this can be improved.

Recommendations:

First of all, Medicare and Medicaid, and other funders must connect facility payment to quality of treatment and safety while adequately financing enforcement of the law. There is a pressing need for federal, state, and local organizations working with providers to develop a plan that identifies the poorest performers in the sector and expedites their removal from government programs when reasonable efforts at compliance have failed. The state’s installation of monitors is an essential solution. By appointing interim administrators, authorities may oust owners who have demonstrated irresponsible disregard for vulnerable people.

A secondary recommendation is that governing bodies give more money for custody care. COVID-19 has worsened ongoing nursing home staffing issues, which must be addressed. According to the Biden administration’s 2021 Economic Recovery Plan, government money must be given to pay at-home and community workers a fair salary, train them, and provide caregivers and patients with medical services and equipment to support their care. Increasing federal financing and expanding state programs will be necessary to provide a safe and excellent care home option.

According to the Pennsylvania Department of Health, nursing home licensing rules are being rewritten. It is an excellent chance to support nursing home patients who deserve respect and dignity. Priority one is to provide the best possible care.

How Can our Personal Injury Law Firm Help?

Covid-19 has led to further inspection and proposition of regulations concerning the nursing facilities. If your loved one has suffered due to the negligence of a nursing facility, you can get in touch with the attorneys at Philadelphia Injury Lawyers P.C. for a free consultation to determine the best legal path you can choose.

What Qualities Should You Consider When Hiring A Philadelphia Personal Injury Lawyer?

Are you on the lookout for a top-performing Philadelphia personal injury lawyer? If you want to make sure that the lawyer who will represent your personal injury case will have a high percentage of winning, then, perhaps you need to pay seriously on the following qualities and verify if he or she possesses them.

Specialization in personal injury or accident case

The personal injury or accident case is a complex legal issue and it’s crucial that your prospective lawyer is an expert in this area so that you have the assurance that he or she can handle this case. If you are considering selecting from one of the Philadelphia lawyers, ask who among them have specialization in personal injury cases.

Solid track record of going to trial

Another qualifying trait that you must include on your list of criteria when choosing a reputable Philadelphia personal injury lawyer is his or her track record of going to trial because if you hired a legal representative with a good reputation of being willing to go to trial, expect a higher percentage of you getting a favorable outcome like higher chances of this case being resolved out of court via settlement.

Financially stable

Your prospective Philadelphia personal injury lawyer must be financially stable. Why? Since most personal injury cases work on contingency agreement where no fees will be initially collected until the end of the litigation proceedings, then, it just right that your lawyer has the resources to fund whatever is needed to win the case such as using the latest technology to gather enough proofs to validate the authenticity of a client’s personal injury claim.

Sensitive

Apart from relevant working experience in handling complex cases such as yours, another trait that you must look at when selecting from a bunch of Philadelphia injury lawyers is the sensitivity to the needs of a client. I’m sure you will feel this trait the moment you have a private meeting with a prospective lawyer. If you see that this expert takes time listening to your concerns and never tries to rush things in order to finish the meeting, then, you can be assured that there will be a good working relationship while the case in on the process.

Accessibility

Filing a personal injury case can be a lengthy process and may take months or even years before a final decision is made by the court judge. One of the traits that you need to make sure is present with your prospective Philadelphia personal injury lawyer is accessibility when needed. Ask your prospective lawyer if he or she is quickly accessible after business hours. A very accommodating lawyer will see to it that you can reach him or her anytime, especially if your concerns need immediate consultation.

Finding the most suitable legal representative to handle your personal injury case can be truly overwhelming, especially if you are still in the recovery process from a major accident. If you want to make things a lot easier on your end, don’t just commit to any lawyer you come across. Do the research, read cases reports won by this prospect, and use the above qualities as your benchmark is finding the right Philadelphia personal injury lawyer that can help you win this case.

Why The Philadelphia Personal Injury Lawyer May Advice Not To Proceed With Your Personal Injury Case?

Philadelphia Personal Injury Lawyer

Do you want to know why Philadelphia may advise you not to proceed with your personal injury case? There are many reasons that could affect the decision of a legal representative who may not handle your injury case.

 

  • Time limitations have expired

 

When the personal injury case time limit has already expired and wasn’t file within 3 years like a car accident, then, there is no point that the Philadelphia lawyer would find it right to file this case. The lawyer may advise the client that there is little chance he or she can do to win this case and get compensated. If you want to know the time limits in Philadelphia, ask the Philadelphia personal injury lawyer and file your case to avoid losing your chance of being compensated.

 

  • No liability or fault found to the defendant

 

One of the major reasons why the Philadelphia injury lawyers will tell their clients planning to file a personal injury case not to proceed with the filing is because no liability has been found to the other party (defendant). Even if you have been inflicted with severe physical injuries after the accident, if the concerned party (defendant) isn’t at fault after the investigation and statements of witnesses confirming of you beating the red light, you could be held legally accountable for your own injuries. On the other hand, if the personal injury case resulted in a permanent disability of the plaintiff or death of someone, the personal injury case must still be filed and extensive investigation must take place before a decision of “no case” will be ruled out.

 

  • Physical injury is only minimal

 

Among the reasons why the Philadelphia lawyers may recommend clients not to proceed in filing an injury case is due to the extent of injuries they incurred. If your injuries resulted only in minor cuts and, bruising this has no probable cause. Under the law, only those personal injuries that led to serious harm or massive damages can be compensated.

What to do if you have been in a serious accident?

The bottom line of the story if you have been involved in a serious accident like a car collision and you have encountered injuries, then, it would be appropriate to seek a credible personal injury lawyer. If the incident happened in Philadelphia contacting any of the licensed members of the Philadelphia injury lawyers is the wisest decision to make for now. Why? First of all these locally-based lawyers know the ins and outs of the laws applied in this area. Second, you can easily access them anytime when needed to ask for advice. Third, you can definitely save your time, money, and energy because of no need to travel miles just to have a private meeting with your hired personal injury lawyer.

Filing a personal injury case needs the expertise of a legal representative that has a solid track record of handling similar cases. If you don’t know whether the injuries you acquired after an accident has a probable cause or not, consulting the Philadelphia personal injury lawyer will give you good advice on the next action to make.

Workers Compensation Law In Pennsylvania

Are you a newly hired employee in Pennsylvania? If yes, have you been properly oriented about your duties as well as rights as a worker? In the event, your employer or HR manager already gave you an employee’s manual, but still, have concerns about being injured while at the workplace and cannot report for work, this topic that a Philadelphia personal injury lawyer shares would come very useful.

Is every hired employee entitled to workers’ compensation benefits?

Yes, under the law governing workers compensation in Pennsylvania every hired employee, regardless of the nature of work or position assigned, a hired worker or employee is entitled to workers’ compensation benefits the moment he or she has acquired physical injury while on duty. It is a legal obligation of the employer to have workers’ compensation insurance policies for all workers currently employed.

What are the benefits under the Workers Compensation Law that an injured worker can claim?

The Workers’ Compensation law is strictly governed by clear guidelines. If a worker feels that there is a breach of this agreement that resulted to the disapproval of filed compensation claim, then, he or she has every right to seek professional advice from a personal injury attorney in Philly with expertise in Workers Compensation Law.

There are at least two types of workers’ compensation benefits that a worker who had a workplace accident can reimburse and mostly cover the following:

  • Medical benefits

All payments made for medical expenses incurred by the injured worker must be immediately released as part of the workers’ compensation benefits coverage. In the event, an injured worker was denied for this type of claim the employer is still answerable for injury-related expenses.

  • Non-medical workers’ benefits

If you are working in Pennsylvania and have been a victim of workplace injury, you are qualified loss of wages benefits. So, if you have to take a leave of absence of more than seven (7) days due to your injury, you will still be paid. The loss of wages benefits will start on the eight day.  In most cases, this non-medical benefit will be disbursed and paid to the injured worker either weekly or bi-weekly for the entire duration of his or her inability to report to work.

What are the requirements when filing the Workers Compensation Claim?

Workers who have been encountered injuries while performing their assigned jobs must comply with the following requirements to ensure fast processing of their Workers Compensation Claims and avoid denial.

  • Injured worker must immediately report to his or her supervisor or boss about the accident. Under the law, worker is given a period of 120 days from the time that incident resulting to injury happened to report it. See to it that you give this issue a priority to prevent delays on your claim or disapproval.
  • Once the Workers Compensation Claim has been filed, the employer and their assigned insurer are given 21 days to accept it or deny the claim.
  • If there are no issues regarding a worker’s claim, payment check can be released within three (3) weeks after the reported date of injury.
  • In the event a worker’s claim is disapproved because of delay in reporting of the incident or wrong input of information on the claim form, an appeal can be made and the Pennsylvania Workers’ Compensation committee will conduct further investigation of the case.
  • If the worker is still denied despite the appeal, he or she can still make further appeals to the Commonwealth Court of Pennsylvania.

Philadelphia Personal Injury Lawyers on Workers Compensation Claims

If you have unresolved issues regarding your personal injury that happened while at the workplace, you can be entitled with Workers Compensation benefits and recover all the damages brought by this accident. Learn more how you can protect your rights regardless how complex your work related injury by booking private meeting with the best Philly personal injury attorney.

Philadelphia Injury Lawyers: Overview Of Premises Liability In Pennsylvania

Have you heard about “premises liability”? Premises liability is another classification of personal injury wherein the injury inflicted on the victim happened in another person’s house or business.  If you want to know more about injuries or accidents happening on someone’s property, the Philadelphia injury lawyer shares this valuable information regarding “premises liability cases”, injuries covered and how to prove a premises liability case.

Definition of Premises Liability

Premises liability cases are mostly injuries that happened on someone’s property due to negligence to keep the place safe. Among the example of premises where people could get hurt and result to slip and fall injuries are sidewalks, stores, pedestrians including other public places.

When can someone’s house or public place cause injury to a guest or customer?

According to an experienced Philadelphia personal injury lawyer, the following risky elements present in someone’s house or public place could cause a person’s injury:

  • No appropriate signage like “Caution Wet floor” could lead to accidental slips to guests coming inside a store.
  • Uneven tiling or pavement can be dangerous to people passing by.
  • Wobbly railings at a friend’s house can lead to accidental falls.
  • Poor lighting along the car park can cause accidental trips and falls.

These are just some of the elements that can contribute to premises liability case, especially if the owner of the house, business or public place did not do anything to keep the premises safe and free from any danger.

How to prove a premises liability case in Pennsylvania?

If you or someone you loved has been injured in somebody’s premises, here are ways to help you prove you have a premises liability case:

  • The owner of the premises owes you a duty;
  • The owner breached that duty;
  • The breach led to your personal injury; and
  • You have legal evidence to support your injury claim in court.

How to prove there is breach of duty on the part of the owner?

The owner of the premises has a duty to keep the premises safe at all times for the guests. It simply means doing whatever is deemed necessary such as doing repairs or removal of things that may cause injury to anyone who has access on the premises. In the event the owner of the premises does not have enough time to do the repairs, it is his or her responsibility to disclose the dangers and provide warnings.

To prove there is breach of duty, you have to show proof that the owner of the premises did not make an effort to fix the issue or warn guests about the potential dangers. The Philadelphia injury attorney mentioned that breach of duty can be proven if the risky element still existed after the person’s injury and no warning has been made to prevent the accident from arising.

Philadelphia injury attorney on premise liability injury claim

A top performing Philadelphia injury lawyer knows precisely what covers the personal injury law on “premise liability” as well as the compensations that an injured person can claim in court. If you are in doubt whether you can get compensation for this type of injury, avail now a free consultation and find out how much compensation you really deserve.

How To Search A Personal Injury Lawyer In Philadelphia?

Have you been seriously injured and want to seek professional advice regarding filing a lawsuit? A personal injury case may require the expertise of a lawyer. If your goal is quick search a credible practicing lawyer in Philadelphia with specialization in personal injury case, I recommend you implement the following steps.

Step #1 – Identify clearly your specific needs

Not all lawsuits are identical. For you to succeed in finding a knowledgeable Philadelphia attorney with relevant experience in personal injury case, I suggest you identify clearly your specific needs. Keep in mind, attorneys offer different kinds of services. There are those legal representatives that cater only to cases involved in vehicular accidents while others cater to any case resulting in harm or injury.

Step #2 – Ask referrals from your network

Your network may consist mostly of people you know personally or have done business in the past. Asking referrals from these trusted individuals could be your ticket to finding a suitable lawyer in Philadelphia for your personal injury case. So, while brainstorming where to locate a reputable lawyer why not consult the people belonging to your network and ask for recommendations. I’m sure you will find someone who already used the services of an attorney in the area of your preference.

Step #3 – List your preferred traits that a lawyer must possess

Before you even contact the list provided by your friends, family members, relatives or colleagues at work, take time listing of traits that your prospective personal injury lawyer in Philadelphia must possess. Here is a sample list of what you need to look for a candidate:

  • Level of experience in handling injury cases
  • Proof of license to practice this type of legal service
  • Number of won cases
  • Compassionate
  • Accommodating

Your chosen lawyer will be working with you closely, so it’s a must that you are confident that this legal representative can deliver the desired outcome.

Step #4 – Ask the right questions

For you to gauge the level of expertise and experience of your prospective attorney for your personal injury case in Philadelphia, be prepared to ask the right questions.

Among the frequently asked questions that will lead you to the right candidate are:

  • What is the expected timeline for my personal injury case?
  • Will you personally handle my case?
  • How many cases similar to my case have you handled and won?
  • Where you suspended from assuming your role as a legal representative?
  • Are you allowed to practice in Philadelphia?
  • What your areas of specialization?

Step #5 – Maximize the free consultation

Most reputable legal firms offer free consultation to anyone wanting to seek legal advice. If given the opportunity to have a free consultation with any of the law firm’s legal representatives, make the most of this initial meeting to ask questions, learn more about your case as well as if you really have a case to file. Lawyers will do their best efforts to give potential clients advice based on legalities.

Step #6 – Hire a local lawyer

Yes, definitely a priority when locating a credible lawyer to handle your personal injury case, consider hiring a local legal representative. Why? These lawyers are aware of the current laws applied in that area, the best practices implemented in that particular court including the requirements needed when filing a lawsuit.