Yearly Archives: 2017

If You Work for a Big Business, Remember: Your Health Shouldn’t Have a Price Tag.

Workers' Compensation

If You Work for a Big Business, Remember: Your Health Shouldn’t Have a Price Tag.

If you enjoy a turkey during the holiday season, chances are hundreds of people worked long, hard hours to get it to your table. It can be easy to forget about the hard work and labor that goes into preparing our food before we even purchase it. And with the amount of food that gets consumed over the holidays, there’s a spike in the amount of work that goes into preparing that food.

Take, for instance, turkeys. The employees of Butterball, one of the biggest producers of turkeys, find themselves working 50 days straight leading up to Thanksgiving in order to meet demand. During this time, their work flow moves from 47 turkeys a minute to 51. Work at this speed, with no rest, certainly calls safety into question.

 

The sad truth is that many major companies take opportunities of higher demand to cut corners in order to increase profits. Unfortunately, when the management makes these kinds of decisions, it’s their subordinates who are put at risk.

 

Many large companies such as Butterball will employ their own nurses. Employees are encouraged to visit these nurses rather than going to the hospital. Often times this is because the nurses will provide temporary solutions to the employees’ problems rather than diagnosing anything major. This means that the company will save money when it comes to workers’ comp.

 

However, when this happens, it is you, the employee, who loses out. It’s against the law for a company to prevent you from seeking medical treatment or filing a workers’ compensation claim. If your company has been discouraging you from seeking help in regards to a work-related injury, you should contact an attorney. Your health shouldn’t have a price tag.

 

When it comes to your health, big businesses are not always on your side. Make sure you have someone who knows the law and will work with you to defend your rights.

Is There Anything I Can Do to Stop the Government From Using Its Eminent Domain Rights?

Eminent Domain

Is There Anything I Can Do to Stop the Government From Using Its Eminent Domain Rights?

 

The Fifth Amendment to the Constitution protects us against eminent domain, stating that “private property shall not be taken for public use without just compensation.” However, the key here is “just compensation.” The government has the power to take land for public reasons provided that certain requirements are met — such as fair payment. However, you still have the right to challenge the government’s decision to try to take your land.

Generally when you challenge the government over eminent domain, two rules are taken into consideration:

 

  1. The government must be buying your land for public use.
  2. The government must pay you a fair compensation.

 

When looking at whether or not the government is buying your land for public use, the amount of land needed for their project will also be taken into consideration. For example, if the government really only needs half of your property to build a school, chances are you’ll be able to limit the amount of your property the government is able to buy.

 

If you are opposed to the government buying your land, then you must challenge their right to take your land. If the government fails to provide an adequate reason (or any reason at all) as to why they’re buying your land, then you might be able to put a stop to the purchase.

 

You will not be able to stop the purchase by refusing their compensation. While there may be some negotiation when it comes to the amount being offered, if the government is able to prove that they are buying the land for public use, then their right to purchase your land will be preserved.

 

If you have any questions about eminent domain or want to find out more about your rights, feel free to contact one of our experienced attorneys for a free consultation.

Stryker Orthopedic Medical Device Recall

Uncategorized

Stryker Orthopedic Medical Device Recall

In 2012, Stryker Orthopedics was forced to issue a hip device recall of one of their widely used modular hip stem devices. After a number of lawsuits, Stryker finally agreed to a settlement of $1.4 billion for the product liability and personal injury claims against them — and it looks like Stryker Orthopedics is going to be in a similar situation again this year. There have been multiple reports that one of their devices has either been breaking at the stem or causing metal poisoning. Both instances cause the patient to need emergency revision surgery.

 

Of course, this is a huge problem. As the metal joints rub against each other, they begin to corrode. This weakens the head-neck juncture of the implant causing it to eventually break. It also can cause severe pain for the patient as well as higher metal levels. This is what leads to metal poisoning or “metallosis.”

 

Unfortunately this is not a problem that can simply be repaired; the patient will need a new device entirely. This poses additional risk for patients whose bodies are already adapting to one hip surgery. They are being exposed to the risk of infection or other complications expected from a hospital setting. Moreover, these devices are attached directly to the patient’s bone. They’re not designed to be replaced, and oftentimes, a surgeon will have to break the femur in order to remove the device, causing additional strain on the patient’s body.

 

Even once this corrective surgery is finished, there is no guarantee that the patient will be alleviated of their problems. In fact, in all likelihood, long-term problems will persist. As such, those affected by this defect should be entitled to compensation.

 

If you or someone you know has been affected by a defective orthopedic device, be sure to contact an experienced attorney. You deserve compensation for your pain and trauma.

4 Common Myths About Workers’ Compensation

Workers' Compensation

4 Common Myths About Workers’ Compensation

You can’t believe everything you hear. A lot of talk goes on in the workplace about workers’ compensation, either from your employer or from your coworkers. However, not everything you hear is true. So let’s set straight the top four workers’ compensation myths I run into.

 

  1. “I haven’t filled out any forms to backup my claim. My employer’s supposed to do that, right?” This is a big one: You and you alone are responsible for filling out and filing the necessary paperwork that goes along with your claim. You have five days from when you report your injury to your employer to report your injury to the Industrial Commission.

 

  1. “So I’m suing my employer, right?”

No, you are not suing your employer. If anything, you’re suing your employer’s insurance company. But even then it’s not really suing. You’re filing a claim with the Industrial Commission, which oversees workman’s comp claims. There is no civil case. Instead it’s more of an administrative hearing process. However, that’s not to say there aren’t a lot of laws and regulations to abide by. That’s why it’s a good idea to work with an experienced attorney.

 

  1. “What about pain and suffering? Don’t I get to make a claim for pain and suffering?”

Unfortunately, no. Workers’ compensation is in place to protect you against lost wages and medical expenses. It does not account for pain and suffering.

 

  1. “According to my employer, my accident was my fault. Does that mean I can’t get benefits?”

Good news! This one is absolutely false. No matter who was at fault, you can claim workers’ comp benefits. The workers’ comp act is there to protect you from injury, not to punish you for mistakes. If you’ve been hurt at work, even if the accident was your fault, you should file a workman’s comp claim.

 

If you have any more questions about workers’ comp and what it means to file for workers’ comp benefits, contact an experienced attorney.

Does Workers’ Compensation Cover Car Accidents on Business Trips?

Workers' Compensation

Does Workers’ Compensation Cover Car Accidents on Business Trips?

I recently had a client who said to me, “I travel a lot for business. If I’m hurt while on a trip, am I covered by workers’ compensation?” This is an excellent question. As a general rule, workers’ compensation is designed to protect you while you are at work and doing your job. So what happens when your job takes you out of the office or away from your work site?

The good news is, yes! You are covered while on a business trip. The reason is that the entire purpose of your trip is work related. Therefore, in most circumstances, any injury that occurs is going to be while you are performing your job.

 

This includes automobile accidents. Even if you were at fault, you are still eligible for workers’ compensation. This is because workers’ comp is a no-fault system. Its purpose is to cover lost time and wages due to a work injury; fault is not taken into account when determining workers’ comp. Therefore, workers’ comp does not treat an automobile accident any differently than it would treat a fall in the workplace.

 

Workman’s comp will even cover you when you’re traveling out of state or out of the country, provided you are traveling for business. And this does not just apply to injury — if you become ill while in a foreign country, you could qualify for benefits.

 

If you’ve been injured while on a business trip, don’t hesitate to call an experienced attorney at Oxner + Permar for a free consultation. We’re dedicated to making wrongs right, and ensuring that you get the benefits you deserve.