Monday, 9 September 2013

Workplace insurance

In most states, employers are required to carry workers’ compensation insurance to cover workplace injuries sustained by their employees. Workers’ compensation insurance is a “no fault” system which allows every employee to receive benefits for a job-related injury, regardless of who caused the accident or illness, though intentional, self-inflicted injuries may be excluded from workers' compensation benefits. The system balances the needs of workers, who are entitled to receive prompt medical treatment for their injuries, with the needs of employers who can conduct their business operations free from the fear of being sued by an injured employee. Workers’ compensation programs can provide claimants with medical benefits and, provided certain requirements are met, temporary compensation payments until the employee is able to return to work. In certain situations, claimants may also receive permanent benefits such as job retraining or supportive medical care. But what happens if you get hurt and your employer doesn’t have the required workers’ compensation insurance? Regardless of whether your employer participates in a workers’ compensation insurance program, it is important that you seek medical attention immediately, to ensure you receive proper treatment and to document your injuries. Typically, an injured worker's only legal option for recovering compensation from the employer is to file a workers’ compensation claim. There are a few exceptions, however, such as when an employer intentionally causes the workplace injury, or when an employer fails to carry the required workers’ compensation insurance. If you are injured and your employer does not participate in a workers’ compensation insurance program, there may be coverage available to you through a government fund for injured workers whose employers do not have the mandated workers’ compensation insurance. If you find yourself in this situation, check with your state’s Labor Department to find out what programs may be available in your area, and to report your employer’s non-compliance with the workers’ compensation laws. Injured employees whose employers do not carry valid workers’ compensation coverage also have the option of filing a civil lawsuit against the uninsured employer to recover compensation for their damages. Through the civil court system, uninsured employers may have to pay substantially more in damages to cover the injured employee’s losses including medical bills, future lost earnings, and pain and suffering. In most jurisdictions, workers' compensation insurance programs limit the injured employee’s recovery by disallowing claims for “pain and suffering” or punitive damages which would be allowed in a civil lawsuit. Civil cases also differ from claims made through no-fault workers’ compensation programs in that certain legal principles may apply, such as “contributory negligence,” which can limit an employee’s recovery based on percentage of fault. In most jurisdictions, employers who fail to carry workers’ compensation insurance are not only liable to their injured workers, but also face penalties for violating the law.

Wednesday, 14 March 2012

injury lawyer

Ear injuries from trauma
Most of us take hearing for granted, but there are many accidents that can seriously impact the ears.  Tissue injuries and infection can cause severe pain and acoustic injuries can lead to short-term or permanent hearing loss.  This can lead to major new challenges in your life, force a change in career and hobbies, and negatively impact your relationships and social life.
What are ear injuries from trauma?
An injury from trauma specifically refers to one that is caused by a harmful event, like an impact to the ear, an extremely loud noise, or rapid pressure change.  This does not include damage that is from genetic abnormalities or a long-term condition.  Ear injuries from trauma include:
  • Complete or partial hearing loss
  • Cuts, bruising, burns, or swelling to the outer ear and/or ear canal
  • Infection in the ear
  • Perforated ear drum
  • Cauliflower ear
Ear injuries can happen along with other types of injuries, depending on the circumstances.  For example, a blow to the head can cause hearing loss as well as facial cuts, bruises, and a concussion.
Common symptoms of ear injuries include:
  • Redness of the outer ear
  • Swelling and deformity of the outer ear
  • Blood coming out of the ear
  • Sharp immediate pain
  • Throbbing, chronic pain
  • Complete or partial loss of hearing
  • Noises or ringing in the ear (tinnitus)
  • Infection and fever
  • Blistering
  • Deformation of the ear (such as cauliflower ear)
What causes ear injuries from trauma?
Ear injuries from trauma can have many causes.  An impact to the head from a fight, a fall, or a car accident can cause damage to the outer ear as well as the ear drum.  Extremely loud sounds such as explosions or gunshots can also cause ear drum damage, particularly when they are close to the head.
What should you do if you have suffered an ear injury?
Ear injuries can be very serious and have a long lasting impact on your quality of life.  The first thing you should do if you think you have injured your ear is get medical help.  A doctor can examine you and do hearing tests to find out what the damage is and set up treatment for your recovery.
Getting medical help is also important legally.  If you think the injury is from a car accident or is otherwise someone else’s fault, the doctor’s opinion will be important if you go ahead with seeking damages.  You will need to show that your ear injury was caused by the accident as well as the extent of the injury and its impact on your activities.
Get legal advice from a personal injury lawyer if you think it was caused by an accident or someone’s careless or reckless behaviour.  If your injury is from a BC traffic accident, schedule a free consultation with a Fraser Valley ICBC claim lawyer in our office (6 offices to serve you).
What if you already had hearing problems, but now it’s worse?
You should go see your doctor.  If your hearing has deteriorated, you need to get medical help and have the change and date of change documented.  If the traumatic event made your condition worse or caused new injuries, you can still seek damages.
How are ear injuries treated?
The treatment of ear injuries depends on the nature of the injury.  Your doctor will set up a treatment plan for you.  This can include:
  • Medication to help the pain
  • Stitches or reconstruction to prevent a long-term deformity
  • Removing obstructions from your ear
  • Hearing tests
  • Hearing aids
  • A plan to learn to read lips
  • Psychological counselling to cope with a loss of hearing
  • Regular monitoring
Most ear injuries get better over time.  How long this takes depends on the type and severity of the injury, but can range from days to years.  Unfortunately, in some cases the injury never heals completely and hearing loss or deformity becomes a life-long problem.

Personal Injury Lawyers

Burns from trauma such as car accidents

A burn can be a major injury that completely changes your life.  Even a small burn from getting your hand too close to a fire or a drop of boiling water can be extremely painful.  Larger burns can cause ongoing pain and complications for many years with serious consequences for your day-to-day activities and lifestyle.
What is a burn from trauma?
An injury from trauma specifically refers to one that is caused by a harmful event, like extreme heat to your skin or inhaled smoke.  Damage caused by genetic or other conditions, such as a burn from scratching a rash, are not considered as caused by trauma.
Burns from trauma are indicated by:
  • Moderate to severe pain
  • Blisters and red swelling on your skin
  • Skin that looks wet, waxy, leathery, or charred, depending on the severity of the burn
  • Burnt hair
  • Burns to your nose, throat, and lungs from inhaling smoke and extremely hot air
There are four categories of burns that can happen to any part of your skin.  The categories are divided according to the depth and amount of damage to your tissues.
  1. First degree burns: these are the least severe burns with only surface damage to the skin.  Skin will be red and painful, but will generally heal with home treatment within a few days or a week.
  2. Second degree burns: these are more serious burns that reach to the second layer of your skin.  They are more painful and can cause redness, swelling, and blisters.  Your skin may also look moist and eventually develop scars.
  3. Third degree burns: these burns reach even deeper into your skin and can make it look waxy or leathery.  These burns are deep enough to kill nerves and cause numbness in the affected area.
  4. Fourth degree burns: these are the worst possible burns where the destruction has gone beyond your skin and into your muscles, other tissues, and bone.  These burns look black and charred.  The nerve damage can be so extensive with fourth degree burns that you actually feel nothing.
You may have different types of burn in the same area.  Burns also often come along with other kinds of injuries, such as soft tissue damage and lung damage, depending on the circumstances of the traumatic event.
The pain from a burn may be felt immediately when your skin touches fire or something that is very hot.  In other circumstances, you may not immediately notice that you’ve been burned due to an emergency spike in adrenalin, to shock, or to the fact that the burn has destroyed your nerves.
In the longer term, the problems associated with burns can change depending on their extent and their response to treatment.  Long term issues can include:
  • Infection of the immediate area or a whole body infection introduced through the injury, known as sepsis
  • Severe loss of fluids and blood due to damage to blood vessels
  • Hypothermia (low body temperature) caused by the loss of skin, which normally helps regulate body temperature
  • Scarring
  • Problems with joints or bones if the burn was fourth degree or the scarring is deep
  • Respiratory problems from damaged lungs or a damaged airway
What causes burns from trauma?
A lot of different kinds of incidents can cause burns.  Burns from trauma are most common as a result of car accidents and traffic accidents.
What should you do if you have a burn?
Burns can be very serious and have a long lasting impact on your quality of life.  The first thing you should do if you think you have a burn that is serious or not getting better is get medical help.  A doctor can examine the burn to see what type it is and the extent of your injury and set up a treatment and monitoring plan.
Getting medical help is also important legally.  If you think the burn is from a car accident or is otherwise someone else’s fault, the doctor’s opinion will be important if you go ahead with seeking damages.  You will need to show that your burn was caused by the accident as well as the extent of the injury and its impact on your activities.  If you’ve been injured in a car accident in BC, talk to one of our Fraser Valley personal injury lawyers by scheduling a free consultation.
Get legal advice from a personal injury lawyer if you think it was caused by an accident or someone’s careless or reckless behaviour.
How are burns treated?
Your doctor will set up a treatment plan for you.  This can include anything from prescription or over-the-counter medication to staying in a specialised hospital unit that treats severe burns.
More minor burns get better over time with at-home treatment.  How long this takes depends on the type and severity of the burn.  Unfortunately, in some cases a burn can cause an injury that never heals completely and becomes a life-long problem.
Free consultation with Fraser Valley, BC personal injury lawyers
We offer a free consultation for people with injury claims including burn injuries and other injuries stemming from traffic accidents and other traumatic events caused by negligence.  Call us toll free at 1-855-467-0505 to schedule a free consultation today.