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Federal judge dismisses wrongful death suit against employer

Federal judge dismisses wrongful death suit against employer

The pandemic has brought to the surface numerous complicated issues that people do not know how to resolve. For instance, the issue of whether an employer is responsible for the death of an employee’s family member after contracting COVID-19 remains thorny and controversial, especially in light of a recent negligence lawsuit. Bringing work – and COVID – home The case involves a Maryland flight attendant reportedly required by her employer Southwest Airlines to attend a mandatory, in-person safety training in July of 2020. It was at this training that the flight attendant was allegedly exposed to the coronavirus. She says that her employer failed to take the necessary precautions to keep people safe, even though this was at the height of the pandemic when the dangers of the virus and preventative measures were well known. She returned home after the training and tested positive for COVID-19. Days later, her husband also tested positive. Less than a month later, her husband died from COVID-19. The flight attendant brought a wrongful death claim against Southwest Airlines, arguing that they failed in their duty to protect workers from the virus. “Opening the floodgates” Unfortunately, a federal judge recently dismissed the case, citing concerns that ruling otherwise would be “opening the floodgates” for similar lawsuits. The case was not simply a matter of whether the airline had a duty and failed to take reasonable precautions to protect training participants from being exposed to COVID-19. Rather, based on Maryland court precedent, Southwest Airlines did not have duty to the husband of the employee who contracted COVID and ultimately passed away. The judge noted that such liability exposure for spousal relationships would pose a risk of generating an unreasonable amount of claims. There have been similar cases brought against employers after employees and their loved ones have gotten sick or died as a result of occupational exposure to COVID-19; however, such claims fall under Worker’s Compensation laws, rather than traditional tort law. Cases involving wrongful death claims, workers’ compensation and negligence are intertwined, and the serious illness and death in the wake of COVID-19 create a complicated landscape for injured individuals and their families. As a result, it is important that should someone believe they were exposed to COVID-19 at work or due to another’s negligence, they should consult an experienced attorney to discuss their rights.

Negligence in industrial settings can result in wrongful death

Negligence in industrial settings can result in wrongful death

Industrial facilities can be noisy, dangerous places to work. Workers must be alert and cautious, and they should comply with safety regulations to avoid accidents. However, even the most cautious worker can be injured or killed in an industrial accident when other parties are negligent. One case involving a power plant worker serves as a tragic reminder of how badly things can go in these settings. Faulty relief valve causes fatal burns Reports on the accident detail a deadly event triggered by a faulty relief valve in a coal-fired power plant. Two workers went to investigate a loss of steam on one of three turbines that had recently undergone maintenance. They rode an elevator to the floor with the equipment, and when the doors opened, the two men suffered fatal burn injuries when superheated steam filled the elevator. An investigation connected to the incident indicated that a subcontractor had recently inspected the three steam turbines. A jury found that the subcontractor knew the valve was likely to fail but failed to take the necessary action to repair it or warn workers of the risks it presented. After the incident, family members of both workers filed a lawsuit against the subcontracting company. Recently, a jury found that the company was 90 percent at fault for the accident and awarded one man’s widow $222 million. Pursuing wrongful death claims The size of the award in this case is not necessarily representative of what people typically collect in an industrial accident or wrongful death claim. However, family members can be in a position to receive compensation for a fatal accident caused by negligence of a third-party on the job. This money can cover financial losses, emotional distress and other damages a victim and their family experience. Of course, money and lawsuits will not bring a loved one back or excuse negligence. But, it can be a means of helping people recover and seek the justice they deserve. Accidents on the job, caused by a subcontractor or someone other than coworker, create a complicated legal situation. While the injured worker may have a claim against the at-fault party, there is likely a companion worker’s compensation claim. If a person finds themselves in such a situation, it is wise to discuss such circumstances with an experienced firm that understands the interaction of the two claims.

Get hit on the head at work? Know the signs of concussion

Get hit on the head at work? Know the signs of concussion

A concussion is not just something that happens in crashes or football games. It can occur whenever a person experiences an event that causes the head to move back and forth rapidly. For instance, concussions can happen to people while they are at work if they fall off a ladder, get hit by an airborne object or are close to an explosion. In these situations, knowing the signs of a concussion can ensure injured parties receive the care they need to treat injuries. Concussion symptoms After someone experiences a jolt or blow to the head, be mindful of concussion symptoms, including: Headaches Nausea Vomiting Blurred vision Fatigue Ringing in the ears Confusion Problems with concentration Difficulty sleeping These symptoms may seem minor at first, but pay attention to any that worsen or do not go away. However, immediate medical attention is vital for someone experiencing: Slurred speech Loss of consciousness Seizures Numbness An inability to wake up These are symptoms that can indicate brain trauma that requires emergency care. Protecting yourself before and after an accident Individuals should take care to prevent concussions on the job. Some ways to do this include wearing hard hats and helmets, avoiding unsafe areas and using fall prevention systems. If someone does get hit on the head or is exhibiting symptoms of a concussion, getting out of a dangerous situation right away is vital. If a person experiences another trauma shortly after the first, it can cause or exacerbate permanent damage. Even if the symptoms of a concussion are minor, all victims should get medical attention. Thinking a person could brush off the incident and go back to work can have catastrophic consequences to their physical and cognitive functions. Concussions can affect a person’s life in many ways, so employers and employees must take them seriously. Preventive efforts can be essential, as are policies that allow workers to seek medical attention after a workplace injury. Further, training employees and managers on spotting these signs of a concussion can help everyone stay safer on the job.

Get hit on the head at work? Know the signs of concussion

Attacked at work: Can you collect workers’ compensation?

Not liking your co-workers and the people you work around can make your job less enjoyable; being afraid of them because they are dangerous is another story. In these situations, your safety – and your life – could be at risk. Violence in the workplace is far too common in the U.S. In fact, it is the third leading cause of fatal work accidents, according to the Occupational Safety and Health Administration (OSHA). Attacks and assaults No workplace is completely safe from the risk of violence. Even working in a school can prove to be dangerous. For instance, a Maryland cafeteria worker suffered an attack by a female student while she was at work. The assault left her with long-last injuries to her head and wrist. For three years, she has been dealing with the repercussions of the assault. While some of these acts are unpredictable, there are several ways to prevent attacks on the job. Such options include: Having a secure system in place for reporting harassment, threats and other potentially troubling acts Taking a zero-tolerance approach to violent acts (e.g., firing workers who have made threats or been violent or banning violent individuals or customers from a business) Installing physical barriers to protect workers from attacks Providing training to identify early warning signs of violent behaviors These precautions can help prevent workplace assaults and get help to anyone who does get hurt in an attack on the job. Seeking support and financial remedies If you suffer injuries in a physical attack at work, the attacker may face civil and criminal penalties for their conduct. In addition, even though the other person is responsible for your injuries, workers’ compensation benefits can also be available. Workplace violence is frightening and upsetting; it can also be stressful. If you are experiencing the physical or emotional impact of being in a threatening environment, getting support is crucial. You can discuss your options with your doctor, employer, and attorney to protect yourself and your health.

Work hours can contribute to workplace accidents

Work hours can contribute to workplace accidents

There are numerous factors that can increase a worker’s risk of being hurt on the job. Everything from the industry they work in to their age can put someone in danger of a severe accident that results in lost wages, significant medical expenses and emotional distress. Even the hours you work could also be exposing you to a higher risk of a workplace accident. Irregular hours, long shifts Working long hours and shift work are two types of schedules that can be hazardous to employee safety. People in these situations can experience worker fatigue, which can be very unsafe. When people do not get adequate, consistent rest, their judgment and memory can be impaired; they can get confused more easily; and they can have slower reaction times. These symptoms can lead to mistakes and oversights that put individuals in danger, particularly those who work in industries like: Construction Medical services Transportation Warehouse management Roofing Agriculture Manufacturing Employees who work shift hours or have been working extended hours can be more likely to slip, lose focus or make mistakes that ultimately put their lives in danger. Combatting fatigue to stay safe If you work odd or extended hours, there are some steps you can take to protect yourself. Some ways you can stay safe and avoid a serious workplace accident include: Taking scheduled breaks Refraining from operating heavy machinery if you have not had adequate rest Visiting a doctor if you are having trouble sleeping Making sure you work in good lighting and comfortable temperatures Refraining from using unsafe stimulants and drugs to try and stay alert These measures can help you prioritize your health and safety. And if an employer interferes with these measures or denies you the right to a safe work environment, you may file a complaint to correct things. There may be no way to prevent every accident from happening at work; however, identifying the factors that increase the threat of an injury-causing incident can help workers proactively minimize their risk.

Critical steps to take to avoid ladder accidents

Critical steps to take to avoid ladder accidents

Construction tools can be powerful and dangerous. However, even low-tech tools can put workers in danger if they are broken, defective or misused. Ladders are one example of basic construction equipment that can cause severe injuries to users. Because they are so common and simple, people often underestimate how dangerous they can be. However, the fact is that ladder accidents can be common and serious, so taking steps to prevent them is crucial. Conducting inspections Every tool workers use on a construction job should be inspected regularly, including ladders. In fact, the Occupational Safety and Health Administration requires that a competent person inspect ladders periodically. As this article recommends, parties conducting the inspection should have ladder-specific training and experience. Further, they should thoroughly examine all parts, including ladder feet, rungs, rails and ropes for potential hazards. And the more often parties use a ladder, the more frequently someone should inspect it. Replacing broken ladders If parts of a ladder are broken or worn to such an extent that they create a safety risk, replacing them sooner rather than later will be crucial. You may be able to repair a ladder by replacing a single part, or you may need to stop using an unsafe ladder altogether and get a new one. In addition to putting individuals in danger, using any broken tool on a construction project can make the job more difficult and produce less desirable results. Using them properly Ladders are safe when people use them properly. Users should make sure they are stable before climbing them. They should be on level surfaces and at a safe angle. All rungs and spreaders should be locked into place. In most cases, users should not stand on the top stop, and they should make any adjustments to positions and heights while they are off the ladder. Inspecting, repairing and using ladders properly can keep workers safe. These precautions prevent catastrophic injuries that can result from ladder falls and other serious accidents on the job.

Damages that may be available after accidents

Damages that may be available after accidents

When someone gets hurt in an accident, they may wish to pursue legal action against a negligent party. Doing so can result in financial compensation and the acknowledgment of all the ways improper, unsafe acts have hurt you. Too often, people underestimate all the ways that an accident and injury has affected their lives. And they may not realize that, while a lawsuit can’t turn back the clock, it can make recovery much easier. This is due to the various types of damages that may be available after an accident. Special and general damages Per Maryland laws, victims can pursue special and general damages after an accident caused by a negligent or reckless party. Special damages, or economic damages, can include: Current medical expenses Future medical costs Lost wages Loss of future earnings Home modifications Ongoing care services Property damage These types of damages are calculable. In other words, parties can assign a price to them, which may or may not require the assistance of medical or financial professionals. There are also general damages, or non-economic damages. These refer to more abstract losses, including: Pain and suffering Loss of support Loss of consortium Chronic or disfiguring conditions These damages are more subjective than economic damages, but they are often just as significant, if not more so. It should be noted that claims for both non-economic and economic losses are based on what is fair, reasonable, and necessary.  Damages that are speculative in nature – what may be required or occur in the future – are regularly challenged. Even in accidents where a party accepts liability or fault, the parties may disagree regarding the calculation of the damages. Punitive damages If an accident was the result of egregious misconduct or malice, courts might also order punitive damages. Note that courts do not award punitive damages in every case; in fact, cases involving punitive damages in Maryland are rare. However, they are an option that serves specifically to punish wrongdoing and deter others from similar actions. Collecting what you deserve People hurt in an accident may not always realize the full extent of damages. If you get hurt, it is imperative that you seek medical attention and report the accident. You can then consult an attorney to discuss your options. These steps can help you make informed decisions about your legal rights and pursue maximum compensation for your injuries.

Road rage: A serious problem without a solution

Road rage: A serious problem without a solution

As a driver, you may know not to get behind the wheel if you are drunk or exhausted because you could make a mistake or wrong choice and wind up in a severe accident. However, driving when you are mad or upset can also be dangerous, though people do not always realize it. Road rage incidents have increased dramatically during the pandemic, and the trend has taken a tragic toll on victims in Maryland and across the U.S. How big of a problem is road rage? Over the last year and a half, more than 40 people per month were shot in road rage incidents, nearly double the number recorded in the four years before. More people get hurt in accidents caused by a driver who is: Speeding Swerving Driving erratically Following others too closely Cutting people off These are all driving behaviors that people might engage in when they are experiencing road rage. These drivers are angry, upset and aggressive, and they take it out on the people around them. And, the mounting stress and frustration brought on by the pandemic have not made the situation better. Measures to reduce road rage Local and state agencies have utilized several different tactics to try and combat road rage and aggressive driving. Some areas have used signage to remind drivers to slow down and calm down; others have changed traffic management systems to alleviate congestion. However, changing driving behaviors starts with individuals who must decide to change them. Motorists hoping to avoid a road rage accident can: Pull over if they are getting agitated Listen to a relaxing podcast or calming music Focus on reaching a destination safely rather than quickly Give other drivers space These simple decisions may be all it takes to avoid an accident and stay safe on the road. After an accident If you get hurt in a road rage accident, be aware that the other party will likely continue to be aggressive and possibly violent after the crash. They may try to flee the scene or accost you. As such, crash victims will want to call the police and prioritize their personal safety. This could mean staying in your car until help arrives or recording the interaction with the other party to protect yourself. Chasing or pursuing a vehicle that flees the scene is dangerous and can lead to bigger problems. If your vehicle is insured under a Maryland automobile insurance policy, the coverage, by law, will include Uninsured Motorist coverage. This coverage steps in during hit and run accidents, and should not affect your insurance rates.  If you are involved in such an accident, you should contact experienced counsel to help you ensure you are covered.

How much financial support can I receive after a work accident?

How much financial support can I receive after a work accident?

One of the main concerns injured workers have after a workplace accident is whether they will be able to support themselves and get the care they need if they cannot work because of their injuries. However, most employees are eligible to collect workers’ compensation benefits. But just how much money might a person receive? Medical care coverage Workers’ compensation benefits cover the medical care you need as a result of your injury. This can include: Surgery Rehabilitative services Nursing services Hospitalization Prescription medications Medical devices and equipment, such as crutches Prosthetics Workers’ compensation covers these expenses for injuries and illnesses related to a person’s work without any co-pays or deductibles. Wage replacement If a worker cannot work because of an injury, the workers’ compensation insurance carrier must cover a portion of a worker’s wages while the person is out of work. Employers or insurers may also reimburse covered workers for any time they had to take off to go to a doctor’s visit at the employer’s request. Note that these benefits do not entirely replace a person’s income. Depending on whether the injury is permanent or temporary and whether it is a total or partial disability, a person receives a portion of their average weekly wages. Generally, this amount is either two-thirds their average weekly wage while they are completely unable to return to work or when an employer is unable to accommodate light duty while an injured worker is under medical care. It is important to note that there is a maximum amount a person can collect. In Maryland, each year the State maximum is adjusted based on the State Average Weekly Wage. Additionally, workers’ compensation can also cover expenses like mileage, vocational rehabilitative services, and death and funeral benefits if the injuries were fatal. Other compensation sources These benefits can be crucial in helping injured workers and their families get the care they need after a work accident. However, there are times when additional compensation can be appropriate. Knowing how much a person can receive through workers’ comp and legal claims after a work-related accident is crucial. Contacting an experienced attorney will enable workers and their families to understand all the financial remedies available to them.

Gravity on construction sites: An unavoidable threat to workers

Gravity on construction sites: An unavoidable threat to workers

We often expect construction accidents to involve the powerful machines or temporary structures regularly found on job sites across Maryland. Indeed, this equipment can be dangerous and cause catastrophic accidents, particularly when they are defective or unsafe. However, one of the biggest threats to construction worker safety is gravity. Accidents involving gravity Falling incidents are far too common on construction sites. In fact, the Occupational Safety and Health Administration reports that they are the leading cause of fatal accidents on construction sites. Some of the most frequent – and potentially fatal – occurrences can include: Dropped tools Debris falling on workers Tripping on obstacles or uneven surfaces Collapsed scaffolding Falling off ladders These scenarios can result in painful and even life-threatening injuries. Who is liable when gravity is to blame? Gravity-related accidents can cause a range of injuries, from broken bones to traumatic brain injuries. And rather than cover the expenses of medical bills and lost wages themselves, workers may be able to collect financial remedies with workers’ compensation benefits, a personal injury claim, or both. When falling, dropping or slipping incidents cause injuries, it may just be an unforeseeable accident without anyone at fault. There may be no one to blame. In these situations, injured workers may not have a claim against anyone, but they can still be eligible for workers’ compensation benefits. However, when a party, other than the injured worker’s employer, is negligent or reckless, they can be liable for damages. Parties might include manufacturers of a defective product or parties who failed to comply with safety protocols. Prioritizing fall prevention Many regulations are in place to prevent gravity-related accidents, and complying with these rules can be the most effective way to stay safe. Employers and employees alike will want to: Have and wear protective equipment, including hard hats and harnesses Perform regular maintenance on construction equipment Secure tools while working at heights Ensure workers have proper training in recognizing hazards These measures can keep workers safe, even if someone or something does fall on a construction site.

On-the-job burn injuries: Are you at risk?

On-the-job burn injuries: Are you at risk?

Severe burns can take a tremendous toll on a person’s health, physically and emotionally. Seeking workers’ compensation or personal injury damages if these injuries occurred on the job can be critical, particularly because they can result in permanent injuries, ongoing medical care and the inability to work. Unfortunately, some workers are at a higher risk of suffering burns because of what they do or where they work. Occupations with higher burn risks Any job that requires people to work in the sun, with chemicals, or around flames and electricity has some amount of risk when it comes to getting burned. However, according to statistics, the jobs that see the highest number of occupational burns include: Food and accommodation services Agriculture Manufacturing Construction Each year, tens of thousands of workers in these and related industries suffer burns. Scalding burns are the most common in accommodation and food services; thermal burns were the most prevalent in manufacturing; most burns affecting construction workers were radiation injuries. Additionally, it is the youngest workers who are most at risk of non-fatal burn injuries, especially when they work in food service. Types of injuries Burns result in a wide range of injuries, depending on the degree and source of the burn. Some common symptoms people experience after an accident include: Pain Scarring Nerve damage Organ damage Bruising and blistering Vision changes if they affect a person’s eyes Skin discoloration Damage to tendons, bones and muscles If a burn is minor, first aid can typically suffice when it comes to treatment. However, severe burns can require surgery, skin grafts and ongoing medical care. A person may be unable to work or return to their normal lifestyle because of pain, impaired mobility and the emotional distress of a traumatic injury. Staying safe at work If you are in an occupation with a high risk of burn accidents, protective measures are vital. These measures include wearing protective gear, repairing broken or defective machines and following safe handling protocols. Unfortunately, these precautions may not be enough to keep workers safe, and burns can happen, particularly in the industries mentioned above. If they do, victims may be eligible for financial damages to help them recover.

Proper ventilation in the workplace is critical

Proper ventilation in the workplace is critical

Having a window and access to fresh air at work is not just a desirable trait of an office location; it can be the difference between a safe work environment and a dangerous one. Proper ventilation is crucial in any workplace, but people often fail to recognize just how important it is until something goes very wrong. This was the case recently when a nitrogen leak resulted in the death of six workers and injuries to 11 more. Asphyxiation accidents The recent accident occurred at a poultry processing plant. As is common in these types of plants, the company uses liquid nitrogen for refrigeration. Under normal circumstances, liquid nitrogen is not dangerous. However, liquid nitrogen can vaporize and expand. If there is a large amount of it, the oxygen levels in a space can drop significantly, putting people at risk of asphyxiation. This situation can occur when there is a leak. Nitrogen does not have a color or smell that can alert people to a leak, which is why workplaces that use liquid nitrogen should have proper ventilation as well as monitoring systems in place. These measures are simple and can be highly effective at preventing tragic accidents. High cost of deficient ventilation When a workplace does not have adequate ventilation in confined or congested spaces, workers can be at risk. They could suffer the following injuries: Loss of oxygen Exposure to airborne toxins Elevated temperatures Burns from explosions Respiratory issues General discomfort Loss of concentration These conditions can result in acute or chronic injuries. In the worst cases, poor ventilation is fatal for employees. Whether there is nitrogen, smoke or other airborne contaminants in the workplace, employers across Maryland must install and maintain adequate, effective ventilation. This should be in addition to air quality monitoring systems. Employers who fail to take these precautions expose workers to preventable threats resulting in a workplace accident or illness.

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