Injured - The FindLaw Accident, Injury and Tort Law Blog

May 2015 Archives

Cruising down the freeway, a motorcyclist zooms by between you and the car next to you. This is called lane-splitting.

California may soon be the first state to explicitly make motorcycle lane-splitting legal.

The Joneses just got a brand new, backyard swimming pool for the summer. And while you're not worried about keeping up with them, you might be worried about keeping your kids safe.

Accidental drownings in swimming pools occur so frequently, the Consumer Product Safety Commission (CPSC) has an entire site dedicated to pool safety. So are the Joneses responsible for putting a fence around their new pool?

Did you ever think about all the hazards at your friendly neighborhood home supply stores? Paint could spill on the floor, and you could slip on it. You could puncture your foot on dropped nails and screws. A pretty light fixture could fall from the display, and hit you on the head!

So, if you’re injured by slipping or hit by a falling object at a home supply store, can you sue?

Maybe you're turning your head to see your computer monitor. Maybe you got rear-ended in the company car. Either way, if you've got a work-related pain in the neck, you may be wondering whether you can collect workers' compensation benefits.

As with most workers' comp claims, it will largely depend on exactly how you were injured, so let's take a look at how workers' compensation insurance works for neck pain.

Your monitor is too low. Your seat is too tall. The keyboard isn't in front of you. These are all signs of bad ergonomics.

Ergonomics is the study of people's efficiency in their working environment. Bad ergonomics such as bad posture, sitting too long, or not enough breaks, can lead to job related musculoskeletal disorders (MSDs) and repetitive stress injuries (RSIs) such as carpal tunnel, tendonitis, and shoulder and back pain.

So can you demand that your employer provide ergonomic accommodations?

As NPR's recent in-depth report demonstrated, nurses are some of the most oft-injured workers -- and those injuries can be serious. From back injuries due to patient handling, to standard slip-and-falls, nursing can be a hazardous profession.

So what happens when nurses are injured on the job? Can nurses collect workers' compensation insurance?

The sun is out, and summer is here! This means pool parties and sunbathing.

However, be careful of swimming pool injuries. You could slip and fall on slick and slippery floors. You could be injured from swimming pool chemicals. You could get electrocuted by improper wiring in pool lights. You may even drown because a lifeguard wasn’t paying attention.

So, if you get injured at a swimming pool, can you sue?

You can get workers' compensation for injuries at work, but are you covered for injuries at the annual company picnic?

Company picnics are full of hazards. You could twist an ankle while walking through the park. You could sprain your back defending the marketing team's dodge ball championship title. You could get food poisoning chowing down on barbeque and the CEO's famous potato salad.

Can you get workers' compensation for injuries received at a company picnic?

If you're out at the range or on the course, you're probably most concerned with how you're hitting the ball. But if you're parked nearby, you might want to watch the other folks swinging the clubs.

One circular dent in your fender can ruin an otherwise great round, and if you don't know who dinged your ride, you could be on the hook for the repairs.

Have you had the flu this year?

You're coughing and have a sore throat. Your head hurts. Your body aches, and your nose is backed up like rush hour traffic. You have the flu. Now, you have to miss a day of work to go to the doctor and two more days because you can't crawl out of bed.

Can you get workers' compensation for the flu?

3 Common Nursing Home Injuries

In the United States, the CDC reports that more than 1.4 million adults older than 65 years live in nursing home. This number will rise to about 3 million in 2030.

With so many people turning to nursing homes for care in their old age, it’s astonishing to think about how common injuries are in nursing homes. Some injuries may just be incidental to age. However, many injuries are due to neglect, abuse, or dangerous conditions in the nursing homes.

Here are three common nursing home injuries to watch out for:

You've done the hard part. You have done your research and decided you think you have a legitimate personal injury claim. Now comes the even harder part: finding the right personal injury layer.

But hiring an attorney doesn't need to be such a daunting task if you know what to look for in a personal injury lawyer.

If someone becomes disabled or is no longer able to work, disability insurance can help pay some or all of the person's salary. This is a great safety net for those who suffer an injury or accident that keeps them from working.

Unfortunately, disability insurance is not a bottomless fund. And often, disability insurance benefits can run out early, before a disabled person is able to return to work.

Here at FindLaw, we talk a lot about suing for damages after an injury.

However, it’s not the only way to get compensation. Whether you’re trying to avoid attorney’s fees or you dislike confrontation, here are a few ways you can try to get money for your injury without suing:

Normally we think of hospitals as places people go to get well. Every now and then, though, we can come out in worse shape than we went in.

Considering the foot traffic, liquid supplies, and (ick) bodily fluids present in the halls, rooms and just about everywhere else, it’s a wonder that there aren’t more slip-and-fall injuries in hospitals.

But if you fall in a hospital, could the hospital be legally responsible?

What do bloggers, baristas, and construction workers have in common?

They all suffer from repetitive motion injuries at work! Repetitive motion injuries, also known as cumulative trauma injuries or repetitive stress injuries, are caused when overuse or repetitive motions puts strain on certain muscles, tendons, or bones, causing pain or injury. Common repetitive stress injuries include carpal tunnel, tendonitis, and bursitis. A FindLaw survey has found that repetitive motion injuries constitute 20 percent of workplace injuries.

Can you get workers compensation for a repetitive motion injury?

In our many FindLaw's Injured posts, we've covered dog bite injuries quite extensively. However, they're not the only animals with teeth.

What happens when you're bitten by a wild animal, or your wild animal pet bites somebody? Who is liable? Here are three things to know about wild animal bites:

On Monday May 12, 2015, Amtrak Northeast Regional Train 188 completely derailed.

The Amtrak train, traveling on Amtrak's busiest route, derailed as it was going around a curve of track in Philadelphia Monday night, killing seven passengers and injuring 200 others. Passengers reported being thrown around their train cars and getting hit with flying luggage and debris.

Preliminary investigation findings show that the train was going over 100 mph before the derailment. The speed limit for that area of track was only 50 mph. Brandon Bostian, the engineer operating the train, applied full emergency breaks right before the crash, and now claims to have no memory of what happened.

So, who could be liable? What laws apply to an Amtrak crash?

Trending Personal Injury Questions From FindLaw Answers

You've got questions... we've got answers. If you have not yet asked or answered a question in FindLaw's Answers community, what are you waiting for? This amazing free resource supports a dynamic community of legal consumers and attorneys helping each other out. Simple as that.

We see a lot of great questions in our Answers community every day. Here's a look at some recent questions relating to injuries, accident, and torts from our FindLaw Answers boards:

“If you or a loved one has been injured by a metal on metal hip replacement, you may be owed millions of dollars. Call now for a free consultation!”

We’ve all seen the commercials on daytime television. They tell you that there are class action lawsuits for defective medical devices, and claimants are getting million dollar settlements. Most of the time we drown them out or switch to another channel. However, these medical device defects do hurt thousands of people each year, and many people are involved — or should be — in class action suits against medical device manufacturers.

Here are three medical device lawsuits you should know about:

While many are ready to welcome our new self-driving car overlords, technology may not be ready to save us from the common car crash just yet. It turns out Google’s self-driving car doesn’t have the spotless driving record many thought after the company admitted its driverless cars have been in 11 accidents.

Google’s Chris Urmson was quick to point out that “Not once was the self-driving car the cause of the accident,” but in the future, this might not always be the case. So what should you do if you’re in an accident with a self-driving car?

We know you can get workers compensation for back injury, hearing loss, food poisoning, and hernias. What about knee injuries?

Knee injuries are common among truck drivers, nurses, workers in manufacturing, and construction workers. Common knee injuries, including MCL tear, ACL tear, knee sprains, and meniscus tears, can cause severe pain, require a lot of medical treatment and extensive rehab, and cost you a lot of money.

Can you get workers compensation for a knee injury?

We go to the gym to stay healthy, even visiting the hotel gym while on vacation. And we often overlook the health risks of exercising in a gym (usually because we're glued to the TV while on a StairMaster).

In a closed environment littered with exercise equipment, towels, sweat, and other workout aficionados, it's no wonder accidents happen at the gym. But if you're injured in a fall while exercising, could the gym be legally responsible? Can you sue?

The National Heart Forum estimates that 37 percent of Americans are obese. This number could rise to 50 percent by 2030.

Obesity doesn't just affect our size. It can cause other health problems, such as high blood pressure or heart attacks, or exacerbate the effects of other injuries, such as a back or knee injury. With the sedentary lifestyle of office work and all these drastic numbers in mind, can you get workers' compensation for obesity?

We normally think of exercise equipment as inherently healthy, but a CEO's recent death has many wondering about the health risks of using treadmills.

Dave Goldberg, CEO of SurveyMonkey and husband of Facebook COO Sheryl Sandberg, died last week after falling and striking his head while using a treadmill. Goldberg's death was a shock to Silicon Valley and a wake-up call to the 50 million Americans who use them that treadmills may be dangerous.

Top Personal Injury Legal Questions From FindLaw Answers

You’ve got questions… we’ve got answers. If you have not yet asked or answered a question in FindLaw’s Answers community, what are you waiting for? This amazing free resource supports a dynamic community of legal consumers and attorneys helping each other out. Simple as that.

We see a lot of great questions in our Answers community every day. Here’s a look at some recent questions relating to injuries, accident, and torts from our FindLaw Answers boards:

You’ve been injured, saw a doctor, notified your employer, and filed a workers’ compensation claim.

You’re receiving benefit payments to cover your medical expenses and lost wages, but how long will they last? What if you can’t return to work in a week, a month, a year? Will you still be covered?

5 Car Accident Myths

Listen to any morning traffic report or talk to any friend and you know — car accidents happen all the time. And everyone’s got their own story. So how do you separate fact from fiction?

Here are five of the most persistent car accident myths, and why they’re they are just plain wrong.

Every state requires all drivers to carry auto insurance. And Obamacare now requires everyone to have health insurance. Facing these laws, many people’s first thought is to get the absolute minimum insurance required, in order to save money.

While this may seem like the most fiscally responsible move in the short term, not having more than the minimum insurance coverage could end up costing you later.

Injured in an Airbnb Rental

Travel is expensive. Why spend money on a hotel if you’re going to spend most of your time sightseeing? Airbnb has become a cheaper and more attractive option for many travelers.

However, what happens in the case of an injury? You slip and fall in a hotel, you sue the hotel. If you slip in fall in an Airbnb rental, who do you sue? Can you even sue?

Summer is almost here and many of us are already planning our outdoor expeditions. Safety first is the rule for any hiking or camping trip, but unfortunately not all backcountry injuries can be avoided.

So what happens if you’re injured while hiking or camping this summer? If the injuries weren’t your fault, could someone else be liable?

You’re going through your work day, lifting boxes and doing other chores. Suddenly, you feel a pain in your side, and there’s a bulge in you abdomen or groin area.

You may have a hernia. Can you get workers’ compensation for a hernia?

So you’ve decided to sue your doctor. What did he do? Leave a clamp in you after a surgery? Misdiagnose you with the wrong illness? Botch your vasectomy?

Whatever the issue, to win your case, you’ll need proof, proof, and more proof. Help your attorney by giving him as much documentation of your injury as possible.

Here is a checklist of documents you should have for a medical malpractice case: