The Threats of Falling Equipment In and Around Construction Sites

Being struck by falling objects or other debris is always a risk inside and around construction sites. Besides the workers themselves, visitors to the site and even pedestrians are also open to the risk of being hit by objects falling from above, accidents that can result to traumatic brain injury, paralysis or even death. The most common types of falling objects that can cause serious injury are handheld tools, loose building materials, movable concrete and improperly secured loads from cranes or mechanical lifts.

According to the Occupational Safety and Health Administration (OSHA), in 2012, about 78 construction workers were killed after being struck by falling objects or debris. Due to the dangers workers and many other individuals are exposed to, OSHA makes it the legal responsibility of construction companies and construction site owners to make sure that construction sites are kept safe. Accidents due to failure to keep construction sites safe may be the result of negligence of construction companies, site owners, workers and subcontractors. These acts of negligence that can result to falling objects or debris and injure someone include:

  • Lack of signage that will warn people about work going on overhead;
  • Lack of barricades to limit access to construction sites;
  • Tools or materials accidentally dropped by workers working on construction scaffolding and platforms;
  • Failure to wear or lack of personal protective gear, such as hard hats, face shields, and safety googles;
  • Failure to make regular maintenance checks and properly inspect construction equipment before use;
  • Failure of workers to secure hand held tools and other materials properly;
  • Failure on the part of employers to properly train workers on safety measures and on the proper use of construction equipment and machinery;
  • Failure on the part of employers to provide workers with safety gears;
  • Lack of safety devices, such as debris nets, shore and brace structures, catch platforms, tool guards, and toe boards; and,
  • Failure to properly secure loads that are being lifted, resulting to objects getting dislodged.

According to Philadelphia personal injury lawyers, there are many traumatic injuries that can occur on construction sites. These injuries frequently require emergency medical services because of the dangerous equipment on these sites. Unsurprisingly, construction workers face the most risk of construction site injuries. They must rely on their employers to provide the safest work environment possible and proper safety training for their jobs. Unfortunately, many employers fail to take adequate safety measures in order to cut costs and many construction workers suffer injuries as a result.

While it is true that a construction worker, who gets injured on the job, may be able to apply for financial benefits paid by the Workers’ Compensation Insurance Program, he/she may also waive this legal right and choose to file a civil suit against his/her employer instead; he/she may also be able to file a civil lawsuit against a third party individual whose action or lack of action may have contributed to the accident that resulted to his/her injuries. Having a seasoned personal injury lawyer, who can counsel him/her regarding the best legal action to take, may be an advantage.

 

Causal Factors of Product Liability Cases

There is a legal concept called product liability, wherein designers, manufacturers, and everybody else involved in trade are legally obligated to make sure that the products they make available to the public are safe, because they can be held accountable for accidents, injuries, and deaths.
According to the website of Karlin, Fleisher & Falkenberg, LLC, all those who have been hurt because of dangerous products may pursue legal action against the responsible parties. But how can consumers get hurt by products anyway? There are three main factors that may trigger a product accident.

Design Defects

A design defect occurs when a product has an inherently dangerous design. It is one of the most common triggers of product accidents and injuries. Designers should first study their proposed designs, determine the possible risks, and come up with a way to avoid these risks by improving the design. Failing to make a competent and thorough study may result into a design defect that may put an unsuspecting consumer in danger. An example of this is how certain vehicle airbags deploy in a way that causes more harm than good.

Manufacturing Defects

A product has a manufacturing defect if it has flaws that have risen because of manufacturing error or negligence. The two most common manufacturing defects include the use of poor materials and the practice of poor manufacturing techniques. Both can make the product suffer from poor quality, and it may even easily break and cause an accident. For example, a bicycle for children may have a crack in the body, making it vulnerable to breaking and making the child at risk of crashing and injuring himself.

Inherently Dangerous Products

The whole product itself may be dangerous. Maybe the product has not been studied well and yet the company that owns it puts it out in the market, such as those surgical implants that turn out to have negative medical implications. Maybe the product has hazardous substances, like arsenic, mercury, and lead, such as those toys that can cause lead-poisoning. Maybe the product has no labels that may inform consumers of the product’s safety and hazardousness, such as those construction equipment that do not come with safety instructions and warning signs.

Outsourcing Philippines: The Top Choice of Many Big and Well-established Firms of Today

Outsourcing is the contracting out a business process by one business organization to a third party organization, which may be located either nationally or internationally (known as off-shoring). This business movement is usually resorted to by the host firm due to a lack in the number of skilled individuals (in its own state/country) needed to fit a certain job description.

Another reason why outsourcing, more so off-shoring, has become a vital business tactic among many big and developing companies is the much more favorable economic advantages it offers to both the host and third party organizations. Its greatest advantage is the opportunity of the third party organization to earn profits through the creation of new jobs, while for the host company, much lower cost in overhead or operating expenses since employment in the chosen country is much cheaper than in theirs. Furthermore, host firms are offered various incentives by the third-party’s country, like income-tax holidays, vital off-site facilities, foreign investors and their immediate family members are granted permanent resident status, choice of paying a special 5% gross income tax instead of the local and national taxes, and so forth. Besides these, host companies also get to enjoy greater control and flexibility in their budget for, rather than hiring the experts themselves, this task will be the concern of the third party company, which will also be responsible in training their hired personnel for the outsourced project.

One of the countries considered by many top companies around the globe, as well as by many Fortune 500 companies, as a good place where to outsource services and other concerns, is the Philippines. Besides being one of the top countries in the business process outsourcing (BPO) industry, where non- voice and, especially, call center services are concerned, the country is also an emerging top competitor in the area of 24/7 live chat support, phone services, medical billing, records retrieval/collection, data entry, web and IT services, which include application maintenance, software development and web design, and in many other types of services, like computer animation, medical transcription, legal services, research, blogging and content writing. Besides these services, many other outsourcing companies, like Pinoy Partners Outsourcing Center Inc., for example, has grown to include in its list of services, Construction Estimating, which is handled by team of on-screen-take-off specialists who are ready and can help and allow construction companies bid on more projects.

Awareness of the business culture in western countries, strong skills in the English language, high literacy and expertise in various areas, competitive labor rates, and a firmly established telecommunications infrastructure, are just some of the factors that make the Philippines the first choice of many of the biggest and well-established firms of today.

Outsourcing Philippines started in the 1990s, becoming more famous at the turn of the century. By 2004 the industry’s worth was estimated at $1.5 billion. In 2009, after only five years, its worth ballooned to about $9 billion.

What are the Common Causes of Trucking Accidents?

Trucking accidents remain a rampant problem across America. According to the Insurance Institute for Highway Safety or IIHS, crashes involving large trucks caused a total of 3,660 deaths in the year 2014. Majority of the victims of these crashes were occupants in smaller vehicles, while fifteen percent were bicyclists, motorcyclists, and pedestrians.

The data makes it clear that trucking accidents are far more devastating for passengers of smaller vehicles involved in the crash. As IIHS puts it, large trucks often weigh 20 to 30 times more than a regular passenger car. It’s easy to imagine how an 80,000 pound vehicle can easily wreck havoc among the smaller vehicles in its way.

A trucking accident can happen due to many different circumstances, but there are particular factors that aggravate the risk involved in such situations. As outlined by Clawson and Staubes in their website csinjury.com, trucking accidents are most commonly caused by reckless driving, mechanical defect or malfunction, employer negligence, as well as no-zone accidents.

There is no doubt that trucking accidents can have serious consequences. As data suggests, the risk of serious injury and death is notably high. Victims of such accidents that do survive their ordeal face a long process of treatment, recovery, and rehabilitation, which could cost them thousands of dollars in medical expenses. There’s also the psychological distress that comes from having survived a traumatic experience. It can take a while before victims are able to return to their regular lives. As such, victims and their families are encouraged to seek out assistance from a legal professional.

If you or anyone you know are in a similar situation, do not hesitate to contact a qualified personal injury attorney working in your area of residence. With an effective legal strategy, you can receive just compensation for damages caused by a trucking accident.

Debt Negotiations

Roughly 1.2 million households were lost due to foreclosure during the recession despite government efforts to assist struggling families. Losing a home is undoubtedly one of the most unfortunate things to happen to a family, and the pain and confusion for children in these situations only make things more complicated. However, there are many ways for families to go about debt negotiating to avoid the dangers of foreclosure and bankruptcy.

All debts can be separated into 2 different categories, secured and unsecured. Secured debts are those that have a tangible asset or property tied with it such as a house or a car. The contrast are unsecured debts which include many service bills like credit card debt or service bills. When a person begins to struggle financially, whether it is falling behind on mortgage payments or incurring thousands of dollars worth of medical bills, that person is forced to begin to utilize credit cards more and more just to get by. It is estimated that a average household has 15000 dollars worth of credit card debt and these can be one of the fastest accumulating debts. Fortunately, credit card debt is considered an unsecured debt and these debts can be heavily negotiated if done correctly. Creditors rather see some money than none at all and they are willing to settle debts at drastically lower rates. According to Bradford Law Offices, PLLC, you can minimize the debts you have left by paying off large portions of it all at once. Credit companies struggle with debtors making payments all the time, and it costs them significantly to be constantly pushing out late notices and harassing people. These companies want to settle for one large lump sum payment that can amount to 30-50% less than the original total, rather than to see a individual consistently failing to make payments. Debt negotiation can be a useful tool when done right; however, these creditors typically do not have your best interests in mind but they are willing to settle for whatever they can get.

The Correlation of Probable Cause to DUI Charges

One of the most common kinds of criminal charges is a DUI which stands for driving under the influence. However, just because it is common doesn’t mean that the process is always fair.

The scene is pretty easy to imagine. You could be driving through a stretch of road and then, suddenly, you see the lights from the rear view mirror and you’re getting asked to pull over. Suddenly, the police officer in question asks for you to do a sobriety test and there is alcohol found in your system.

You could then be charged with DUI and for something like this to be on your record could be catastrophic for potentials either professionally or educationally. In some situations, any criminal record can even affect you socially as there are some people who are denied the ability to adopt a child or rent an apartment somewhere if there is something on the record.

However, for as common as something like this charge can be, it isn’t always lawful. According to samples of claims and cases that are in the website of Truslow & Truslow, Attorneys at law, probable cause is necessary to be legally suspected. Sometimes, it is prejudice – racial or with regard to gender – that some people are unlawfully pulled over and suspected of DUI, just because it is one of the most common charges.

There are ways to combat a charge like this and erase it from your record when the charge in question was unwarranted in the first place. Has the officer who apprehended you shown signs of prejudice? Were the breathalyzers or other paraphernalia regularly checked and maintained? Was the blood alcohol level beyond the legal limit? And, one of the most important questions to ask, was there reason to suspect you of driving under the influence—otherwise known as probable cause?

Are My Overtime Wages Protected by Law?

A full time employee works a total of 40 hours a week. That’s easy enough to remember. If the employee in question were to be required to work past those hours, then they are warranted what is called overtime pay or overtime wages. If the employer fails to give their employee their due wages, then that would be a problem as that kind of unfair behavior is prohibited by law.

However, there are some employers that take advantage of their employees’ fear of unemployment that cause them to refrain from paying owed overtime pay and it is tolerated for the sake of keeping their jobs. Some undocumented workers even tolerate this injustice out of fear that they may be deported if they complain, despite their right to fair wages just the same as anyone else. This is plainly unacceptable.

Fortunately, there is something that can be done about it. It is stated, after all, in the Fair Labor Standards Act of 1938 (FLSA) that employees need to be compensated fairly for the work that they do. Overtime wages are a part of this act. This is a federal law that all employers must abide by and if it is not met then it is classified as wage theft. Unfortunately enough, it is only all too known in companies everywhere of all sizes and it is sometimes tolerated for the sake of people worrying about possibly losing their jobs.

If you worked hard in your given profession and you know what you are owed, it is well within your rights to fight for the proper recompense that you deserve.

If you or someone you know is experiencing injustice in the workplace due to the employer not paying due overtime wages then it might be time to contact a professional New York City unpaid overtime attorney in order to proceed intelligently about the situation at hand.

How Can Personal Injury Be Traumatic?

There are some things in life that we can sometimes we could forget and there are some experiences that we wish we had never lived through. Trauma is differently handled by survivors everywhere but something definitely universal about it is that it is always difficult to live with.

Take trauma that is suffered at the hands of personal injury, for example. It is traumatic experiences from situations like this – when the survivor in question is the innocent party in the story – that are some of the most difficult to stomach because there was no precedence for it for the party who suffered most. Usually, they were just at the wrong place at the wrong time. While physical injuries can heal, sometimes it’s the wounds that people never see that can be the most scarring of all.

According to the website of the Houston personal injury lawyers of Williams Kherkher, personal injury is the legal terminology used for situations wherein a person has suffered injury upon their person due to the negligence of a secondary, guilty party. The injury in question need not be exclusively physical in nature as mental injuries as well as emotional injuries (e.g. Post-traumatic Stress Disorder, otherwise known as PTSD) for they are just as debilitating.

The kind of recovery that is required for these kinds of trauma can be somewhat different for physical injuries. For example, a car accident survivor may have panic attacks when trapped in a car for too long or if the vehicle they’re in suddenly makes a sharp turn. An animal bite victim may find it difficult to leave the safety of his or her home, in perpetual anxiety and fear over another potential attack.

It is cases like these that need to be handled with sensitivity and care as well as aggressive professionalism in order to get the results of justified recompense that is so heavily required by survivors of traumatic accidents in their time of recovery and need.

Can Personal Injury Happen to Me?

Maybe not everyone wants to rule the world—some people just want to be able to live in it. However, as careful as you could be, there might always be that one person who thinks that they’re an exception to the rule. They might think themselves above and beyond regulations and think that unnecessary risks won’t always have consequences—sometimes, it’s not the negligent person who ends up paying for it.

No, it isn’t fair for such a situation to happen—that’s why there’s such a thing as a justice system. However, being in these kinds of circumstances is never a walk in the park.

Personal injury is the legal terminology that is used to classify situations wherein injury has been dealt upon someone’s person and it was because of the negligent actions of someone else. The negligence doesn’t have to be intentional as it can also be purely accidental as, either way, the negligent party will still need to be accountable for the consequences of his or her action. The injury also need not be physical as personal injury accounts for emotional and mental trauma as well, or a combination thereof.

At the chance that an event that constitutes as personal injury does happen to you, it is always the most recommended course of action to contact professional legal help immediately in order to understand your case and what would be the most suitable move for you to make. For example, since personal injury is not a federal law and can change depending on variables from state to state, it would be advisable to contact a personal injury lawyer in Louisville instead of in Calabasas if you were injured in Kentucky.

The little things like this can matter in the grand scheme of things and, as terrible as it is to not have been given a choice to have suffered an accident and personal injury, there is something that can be done in order to receive some sort of recompense for it.

How Am I Supposed to Deal with Wrongful Death?

A single life is filled with infinite possibilities and each person has just the one lifetime that is granted to them in order to live it as best they can. It is then one of the most tragic outcomes of circumstances if a person is taken away at their prime, when there is still so much that they can do. Everything that could have done and should have been would just blow away like smoke into the ether and what a shame that is.

Of course, the death of a person can also have devastating effects on the deceased’s loved ones—especially the people who were dependent upon the one who has passed away. That is why cases of wrongful death – otherwise known as deaths caused by accidents that were a result of negligent actions of a guilty party – are so much more difficult to stomach. Not only must the surviving kin and loved ones of the one who has passed on deal with the grief but must also deal with the repercussions that the unprecedented death has left in its wake.

According to the website of the wrongful death lawyers with Williams Kherkher, situations that constitute as wrongful death fall under the responsibility of personal injury. Since there are so many variables that are involved with cases of this nature, there is not one case that is exactly the same as another. Some wrongful death claims are because of situations that are loud, wherein the cause of death is easily identifiable such as car accidents. But then some claims require a lot of research and can take a lot of time to settle, such as mesothelioma claims.

It is due to these variables, and other factors besides, that people who have suffered the wrongful death of a relative, loved one, or beneficiary are advised to seek the counsel of experienced legal professionals in order to know how to deal with wrongful death.