The majority of employers are required by law to carry workers’ compensation insurance. This is used to compensate employees who have been injured on the job and are looking to recover lost wages. It is a common myth that all work injuries are covered by workers’ compensation. In order to receive compensation, the injury must be connected with an employment condition or requirement: For example, a person who broke a leg after falling from a ladder that was being used in relation to their job. FindLaw explains a work injury as follows: “A work-related injury is one that happened while you were doing something on behalf of your employer or otherwise in the course of employment. Most injuries that can be classified as work-related are those that occur at the workplace, but also may occur in company-owned trucks and other locations as long as the employee was doing something connected to his or her job.” There is a lot of gray area associated with workplace injuries and workers’ compensation. This can include but is not limited to injuries that occur while a person is on a break, or those that result from fooling around. It is good practice for all employees to be as cautious as possible, doing their best to avoid any type of work injury. Even so, there are always dangers lurking, especially in high risk industries, such as construction. If a person is injured on the job, he or she hopes to collect workers’ compensation to make up for lost wages. In the event of a denied claim, it may be time to consult with an attorney. Source: FindLaw, “ What Types of Injuries are Compensable Under Workers’ Compensation?” accessed Jan. 26, 2015
Who is at most risk of a pedestrian accident?
As one of our Baltimore readers, you know that pedestrian accidents happen throughout the area from time to time. There are things people can do, both pedestrians and drivers, to minimize the chance of being involved in a pedestrian accident. Even if all parties are doing their best to avoid trouble, there is no way of guaranteeing that an accident will never occur. According to the National Center for Injury Prevention and Control, there are three groups of people who have a higher risk of being involved in a pedestrian accident: — Older individuals. In 2012, pedestrians over the age of 65 accounted for 9 percent of pedestrian injuries and 20 percent of deaths. — The NCIPC says the following about children: “In 2012, more than one in every five children between the ages of 5 and 15 who were killed in traffic crashes were pedestrians.” — Pedestrians and drivers who are under the influence of alcohol. Of all the accidents that led to pedestrian death, alcohol involvement was reported in nearly half. Along with the above, a faster vehicle speed increases the risk of a person being hit and injured. A pedestrian accident can happen at any time, regardless of location. The statistics above show that some people have a greater risk of being involved in such an accident. If you or a loved one is injured in a pedestrian accident, receiving medical attention is priority number one. From there, it may be time to learn more about local laws as well as your legal rights. Source: National Center for Injury Prevention and Control (NCIPC), “ Injury Prevention & Control: Motor Vehicle Safety” Dec. 29, 2014
Worker killed at local Maryland construction site
Construction workers know they are working with dangerous equipment and are trained to do so, which is why this news about a man who was killed on a construction site has drawn so much attention. The case is being investigated while others stand by to learn why this horrible accident took place. On Dec. 1, a news report stated that a construction worker had been killed after being struck by a piece of paving equipment at BWI Thurgood Marshall Airport. The man was not identified by the news release, but the airport spokesman was able to state that the man died from his injuries at approximately 2:00 p.m. at the paving project site on Taxiway D. There was little information on what the construction team was doing on the site, but the Taxiway had been closed. After the man was injured at the scene, paramedics were called to the construction site to assist. They treated the man and sent him on to Baltimore Washington Medical Center, but he was later pronounced dead at the hospital. The news did not disclose the nature of his injuries. The unidentified man was an employee of the Ohio-based company, Hi-Way Paving Inc., which has not commented on the event as of yet. The work site had to be shut down due to the accident. Now, the Maryland Transportation Authority Police, along with the Occupational Safety and Health Administration, will work together to review what happened. This is just one example of the kind of accidents that happen at construction sites; if you suffer serious injuries or lose a loved one in a construction accident, then you need to know what steps to take next. Speaking with someone who can help you seek compensation may be a good step to take next. Source: Capital Gazette, “ Construction worker killed at BWI” Rick Hutzell, Dec. 01, 2014
Medical malpractice and personal injury lawsuits
It doesn’t matter who is treating you or which facility you visit, when it comes to medical advice and treatment you expect nothing but the best. Medical professionals are human, which means that mistakes can happen from time to time. Unfortunately, when a mistake occurs, it is the patient who ends up in a worse position than before. According to the Bureau of Justice Statistics, medical malpractice trials in state courts can go either way. There are times when the plaintiff comes out on top, and times when the defendant is victorious. While there is no guarantee of winning a medical malpractice lawsuit, if you or a loved one has been injured by a medical professional, it is best to learn more about your legal rights and how to proceed. The Bureau of Justice Statistics added the following information: “The awards in medical malpractice jury trials ($400,000) were 17 times greater than the overall median awards in tort jury trials. These high award amounts may be partially explained by the fact that allegations of wrongful death were asserted in two-fifths of medical malpractice jury trials with plaintiff winners.” This type of information shows that no two trials are the same. It also shows that there is a lot of money changing hands as a result of these lawsuits. It is hard for most people to understand what it is like to be in the middle of a medical malpractice claim. Those who find themselves in this position may not want to be alone for long, which is why they consider consulting with a personal injury attorney. Source: Bureau of Justice Statistics, “Medical malpractice trials” Dec. 15, 2014
5 killed in Maryland car accident
The roadways of Maryland, both the highways and city roads, can be extremely dangerous. This holds true for people in passenger vehicles, as well as truck drivers, motorcyclists and pedestrians. A recent motor vehicle accident in Oxon Hill has left five people dead. Prince George’s County police have been able to successfully identify the five people who died in the two-vehicle accident near the intersection of Livingston Terrace and Livingston Road. According to police, an Acura was stopped at a red light went it was hit from behind by a Mercedes Benz. Police added that four people in the Acura, the car that was hit from behind, were killed. They included a 35-year-old, 32-year-old, 13-year-old and 1-year old. Also, a 21-year-old male passenger in the Mercedes was killed. Despite the fact that police have identified all of the people killed in the motor vehicle accident, it remains under investigation as they attempt to learn more about the cause and other related details. This story shows that a mistake on the road by one driver can have serious consequences on others. A rear-end collision such as this one can be very dangerous, as can be seen by how many people were killed. In some cases, nobody is injured in a car accident. In other situations, innocent people are injured or killed without ever seeing danger coming their way. If a person is injured in a motor vehicle accident or a loved one is killed, the victim or his or her family may want to consult with an attorney who is experienced in this area of the law. Source: CBS Baltimore, “ Police Identify 5 Killed In Maryland Crash” Oct. 13, 2014
Maryland car accident statistics
Maryland, just the same as other states throughout the country, keeps records on the number of car accidents that occur every year. Furthermore, the state keeps tabs on how many people are killed and injured in such accidents. Many Maryland residents are unaware that car accidents are so serious, with these crashes being the number one killer of people between the ages of 4 and 34. According to the Maryland Department of Transportation, traffic accidents kill more people in the state than homicides. If that statistic is not alarming enough, here is another to consider: more than 90 percent of accidents are preventable, as they are caused by driver error. From the years 2003 to 2007, the number of crashes in Maryland declined; however, it remained a large problem in an overall sense. In 2003, there were 109,130 total crashes. This number dipped to 100,943 in 2007. There were 651 people killed in these accidents in 2003, with 615 deaths in 2007. From an injury perspective, 58,188 people were injured in 2003 with 51,729 in 2007. Even though crash statistics in the state are improving, with so many accidents caused by driver negligence, there is no way to put a complete end to this problem. The more cautious drivers become the fewer accidents there will be. With driver error contributing to more than 90 percent of crashes, it is important for all people to pay attention to the road. In the event that a negligent driver causes an accident, the victim often has the opportunity to file a lawsuit as a means of collecting compensation for injuries and other damages. Source: Maryland Department of Transportation, “Maryland Crash Statistics” Aug. 19, 2014
Maryland man killed in workplace accident
No matter what type of job you have, there is always the chance that a workplace accident could occur. While this is more common in industries like construction than it is in others, it is important to pay attention to what is going on around you at all times. Unfortunately, even if you are paying close attention to your surroundings, a workplace accident could happen that leaves you injured or even dead. According to local authorities, a Maryland man has been killed in an accident in which he was crushed by a spool of metal. Reports state that the accident occurred at Canam Steel in Point of Rocks recently. Immediately following the accident, shortly after 1 p.m., Maryland State police were called to the Canam Steel building on Clay Street. It was there that the man was attempting to load a crate with a large spool of metal when he was crushed. Due to the size and weight of the spool, when it fell on the 38-year-old man after coming loose, it led to his immediate death. Even though no foul play is suspected, there are still plenty of questions surrounding the accident, including how the spool of metal came loose while being loaded. There are times when a workplace accident only injures the person involved. Unfortunately, there are also cases like this one when the victim is killed. In the event of this type of accident, the company in charge is often the target of a lawsuit filed by the victim or their survivors, if the person passes on. Source: The Washington Post, “Hagerstown man dead after workplace accident” Jul. 08, 2014
2 men dangle from ropes in construction site accident
This accident could have turned out much worse if not for the firefighters on the scene. A news release from June 4 reports that a pair of masonries had to be rescued from a building on the National Institutes of Health Campus when a scaffolding platform the pair was using collapsed. The construction accident resulted in the workers falling and dangling from the platform, struggling nearly 80 feet in the air. A witness reported that the accident happened quickly, and there was a large amount of dust that made it hard to see what had happened. The incident, which took place around 11:00 a.m., had taken place due to two metal arms drawing cables to the platform snapping off; that left the platform dangling in a vertical position on the side of the building. Two men below the site of the accident had to jump out of the way to avoid falling debris. One recalled buckets, a cutting saw and bricks falling to the ground. It took only minutes before employees from the NIH, patients and visitors found themselves outside watching the scene play out. The witness reported that everyone was yelling for someone to call 911, and the two men hanging were allegedly trying to tether themselves tighter throughout the entire incident. Fortunately, the National Institutes of Health Fire Department arrives quickly and used a ladder truck and aerial bucket to get the men to safety. The entire rescue took 22 minutes. The men were later transported to Suburban Hospital in Bethesda, and both were able to be released within a few hours of the incident. Like any other workplace accident, the Division of Occupational Health and Safety will be on the scene to investigate. Source: ABC 7, “ Firefighters rescue construction workers after scaffolding collapses” No author given, Jun. 04, 2014
Man’s brain injury leads to complete paralysis
If you seek medical care in Maryland, you expect doctors to diagnose you quickly and correctly. In this case from across the border, a West Virginian couple has claimed that a pair of medical providers did not correctly diagnose a man who had suffered a traumatic head injury and neck injury. They believe that this lack of a diagnosis led to the man becoming a full quadriplegic. The June 4 report shows how important it is to make sure neck and brain injuries are fully investigated, because in this case, it seems like one that wasn’t diagnosed soon enough and led to a man being paralyzed. According to the story, the man suffered the neck and head injuries in a lawn mower accident in May 2012. He went to the hospital, and that was where he was placed under the care of two medical providers, a doctor and nurse practitioner. The medical staff allegedly did not find his injuries to be serious despite his complaints. The lawsuit claims he continued to suffer from movement problems and pain, and he saw a new doctor on May 16, 2012. She allegedly also reported that his injuries didn’t appear serious, but she sent him for further testing to be sure. That testing showed that he had a previously undiagnosed spinal cord injury from the lawn mower accident. It is believed that because the man was untreated for so long, the injury became worse and eventually led to his paralysis. The couple filing the lawsuit claim that the medical providers were negligent, and they claim that they did not diagnose the man’s injury in a timely fashion. That allegedly prevented treatments and recovery. Source: The West Virginia Record, “ Couple claim missed diagnosis led to man’s paralysis” Matt Russell, Jun. 04, 2014
Medical malpractice suit could set example for Maryland
Seven women started a medical negligence lawsuit that they aimed at Freeport Health Network and a doctor who worked at the facility. In the lawsuit, they claimed that they were misdiagnosed, being told that they had multiple sclerosis when they actually did not have the disease. Now five other women are trying to join in on the suit. They say that the same thing happened to them. One of the women said that being told that she had the disease was akin to a personal injury in its own right. She said that the feeling of thinking that she had it was horrible because of the terrible nature of the disorder. She, like the other 11 women in the case, is trying to get an amount that is greater than $50,000. The vice president of the network would not say much about the case, stating that the patients had a right to privacy that they wanted to uphold, meaning that they could not reveal any details at this stage. However, he did mention that while these types of cases are common, it is true that not all of them have merit. There are arguments for both sides about whether consolidation of the case makes sense. On one hand, one side has argued that the women do not have enough in common, other than the doctor in question, to start one case. On the other, there are claims that having 12 individual cases would be emotionally difficult for the women. Those in Maryland who are considering similar cases may want to watch how this plays out. It could set a precedent for consolidation of their own cases in the future. Source: Rockford Register Star, “ 5 ask to be included in negligence suit against Freeport Health Network” Susan Vela, May. 20, 2014
Some Nissan Leaf’s may not be safe in event of car accident
Some car accidents are the result of a negligent driver, while others occur when a vehicle is defective in some way, shape, or form. This year has been a bad one for the automotive industry, with many automakers issuing recalls related to defective parts. Nissan is joining the crowd, recently announcing the recall of many 2014 Leaf electric vehicles. This recall is related to a potentially defective front structural member assembly. The recall report notes that the front structural member assembly on affected cars may not have all the right welds, which could impact its structural integrity in the event of an accident. As a result, the chance of injury is much greater. According to Nissan, the vehicles potentially affected by the recall were manufactured between February 28, 2014, and March 12, 2014. At this time, the company is recalling 211 vehicles with plans to notify owners as well as dealers. Any car affected by the recall will be repaired by a Nissan dealer, with no cost to the owner. This is not the first bit of bad news for the Nissan Leaf, as earlier in the year the company recalled approximately 29,000 vehicles with defective airbag sensor software. At this time, no car accidents have been reported as being related to this part, however, this could change in the future. When somebody purchases a car, regardless of the make or model, they expect it to be 100 percent safe. In the case of the Nissan Leaf, a defective part could lead to a greater risk of injury in an accident. Source: Green Car Reports, “ 2014 Nissan Leaf Recall: If Welds Missing, Car Will Be Replaced” Antony Ingram, May. 19, 2014
Maryland medical malpractice lawsuit settled
Anybody who visits a medical professional for guidance is hoping to get the best treatment available. Unfortunately, this is not always how things work out, with some people ending up in a worse position. Patients who unnecessarily received heart stents have reached a $37 million settlement with Catholic Health Initiatives. Court documents show that as many as 273 people are in position to receive a payment of at least $134,000 as the result of a lawsuit settlement between them and the Catholic Health Initiatives, which formerly owned the St. Joseph Medical Center in Maryland. In 2010, patients were notified by the hospital that they may have received a heart stent that was not necessary. As a result, Dr. Mark Midei, a cardiologist, had his medical license revoked a year later. Catholic Health Initiatives did not admit to any wrongdoing as a result of the settlement, and released a statement saying they have “reached an agreement to resolve the two pending class actions involving allegations of unnecessary cardiac procedures performed at St. Joseph Medical Center. The resolution will benefit class members who choose to participate, and once formally approved by the court, will resolve all class claims against St. Joseph Medical Center, Catholic Health Initiatives and Dr. Mark Midei.” In this case, both parties agreed to the settlement in the hope of avoiding the costs of future litigation. Despite the fact that he hospital did not admit any wrongdoing, they have agreed to pay $37 million to make things right with those who received a stent when it was not medically necessary. While no injuries have been reported, this type of action could result in personal injury. Source: WBAL TV, “ $37M settlement reached in unnecessary stents case” No author given, Apr. 07, 2014