Portland Personal Injury Attorneys

Tips to Avoiding Construction Zone Car Accidents

Distracted drivers are responsible for more than a dozen deaths on American roads every day, and Portland personal injury attorneys have noted that construction zone car accidents are especially perilous places for drivers to be taking on cell phones or worse, texting.

The prevention of construction zone car accidents is purely dependent on drivers being completely alert and following the instructions posted. While this may not sound overly complicated, statistics on construction zone accidents seem to indicate that many drivers are simply unaware of the extra dangers in construction zones, or are unwilling to give due care and attention to the extra hazardous circumstances.

Figures regarding distracted driving accidents and construction zone car accidents recently released make for disturbing reading. Some of the more worrying facts include:

• More than 1,200 Americans per day are injured in accidents involving distracted drivers.
• In 2009 alone, more than 5,400 people were killed and 448,000 injured in distracted driver related accidents.
• More than 1,000 of those killed were in collisions where a driver was using a cell phone at the time of the crash. (more…)

Number of Oregon Farm Injuries Have Decreased

Oregon farm worker injury lawyers have noted a sharp decline in the number of accidents on farms, and particularly those involving the under-20 age group.

The U.S. Department of Agriculture (USDA) recently released figures to show the number of young workers injured in farm accidents has fallen again, and experts believe the increased focus on safety and higher levels of training for farm employees dealing with dangerous machinery, tools and chemicals such as fertilizers, pesticides and herbicides has contributed to the overall decline in farm injuries.

The USDA report is considered the most thorough and definitive in the agricultural sector. Facts are obtained directly from the farmers themselves through a comprehensive survey which includes questions regarding injuries to both family members and hired employees.

The most recent set of figures, which are compiled every three years, shows that:

• A total of 3,191 non-fatal injuries involving farm workers under the age of 20 occurred on farms in 2009, which is the most recent year for which statistics are available
• In 2006, the total number of non-fatal injuries sustained on American farms by workers under the age of 20 was 4,964. The 2009 figure, therefore, represents a 36 percent decrease in injuries.
• The farm is still one of the most dangerous places, statistically speaking, for young people to work. (more…)

Portland Toxic Chemical Injury Attorneys and Claims

It may come as something of a surprise to many people, but Oregon employees working with toxic chemicals have been proven to be working with unacceptable risks for many years. Portland toxic chemical injury attorneys have frequently been called upon to represent people who have been seriously affected by an unacceptable level of toxic risks that occur in a huge range of work places, from construction sites to hospital wards.

According to the Occupational Health and Safety Administration, more than 32 million American workers have been exposed to as many as 650,000 different chemicals, any one of which can be hazardous to the health of those working with them. That’s more than 20% of the entire U.S. workforce, and the total number of workplaces in which these chemicals have been found exceeds a staggering 3 million sites.

Toxic Chemical Injuries at Work

An alarming number of work environments use toxic chemicals in their day to day operations, and often, the workers who are exposed to what are effectively poisonous substances have no idea of the risks they face on a daily basis. But a Portland toxic chemical injury attorney needs to be aware of these dangerous substances. To name but a few, sites where there are workers exposed to hazardous chemical products include: (more…)

Portland Employer’s Negligence Responsible for Injuries and Accidents

Accidents at work account for hundreds of serious injuries in Oregon every year. Portland negligence lawyers are often asked the tricky question, “Who’s to blame?” Is it the employee for not operating his equipment properly, for not securing his ladder or for not wearing the appropriate personal protection equipment, or is it the employer for not giving adequate training or not supplying equipment suitable for the job? The answer, sadly, can often be that both Portland employer’s negligence and the employee contributed to the accident, and that’s what makes these cases so difficult to sort out when a lawsuit is filed.

In a very recent case, a mining company was held liable for an employee’s death by the Mine Safety and Health Administration (MSHA), which concluded in its investigations that Stillwater Mining Co. did not provide appropriate training to Dale Madson, 42, of Bearcreek, Montana, who was killed on October 31, 2011, leaving behind a wife and two teenage daughters.

Madson was driving a loader on an underground road, when the machine crashed as he was taking a curve. A rock bolt entered the cabin of the loader, struck Madson and killed him. The MSHA found:

• Madson had more than three years experience working in mines, and his training was up to date.
• Madson’s training was inadequate because it failed to specifically address the hazards that ultimately led to his death
• The accident occurred because management’s policies and procedures failed to ensure equipment operators maintained control of mobile equipment. (more…)

Is My Case Personal Injury or Workers’ Comp?

All you know is that you’ve been injured, and it wasn’t your fault. You probably don’t care about the differences between Workers Compensation laws and personal injury laws. You just don’t want to have to pay the doctor’s bills and cover the lost income from missed work yourself. However, there are in fact great differences between the two sets of laws, including:

• Workers’ compensation laws apply only to people who were injured on the job.
• Workers’ compensation is paid to injured employees regardless of who was at fault or caused the injury.
• If an employer makes workers’ compensation available to the injured employee, that employer can never be sued for personal injury or even wrongful death.
• An Oregon worker who has been injured on the job can still pursue a claim through a Portland personal injury lawyer, if the injury was caused by someone other than a co-worker or employer.
• Workers’ compensation benefits are extremely limited. They cover only medical expenses, disability payments and retraining benefits, all of which have specific (and often very inadequate) limitations.
• If the employer’s insurance company makes it clear that they will not deny the workers’ compensation claim, a personal injury attorney will tell a potential client there’s little that can be done to assist in their claim.
• If the insurance company and the injured employee cannot agree on an appropriate settlement, the case will be filed and decided by the Workers’ Compensation Board. (more…)

Before Filing a Workplace Injury Claim: A Guide

Unfortunately, accidents sometimes happen to people while on the job, and the events that follow can sometimes be troublesome. The typical course of action is to file a workplace injury claim if you sustained injuries and/or can no longer contribute 100% to your job.

During the time it takes to recover after the accident, it is not uncommon for your employer and co-workers to change the way they interact with you as a result. Some behaviors that typically occur include:

• Accusations that you are slacking in your job duties
• Allegations that you are faking
• Co-workers saying you are trying to avoid working

Some of the worries an employee faces after an on the job injury include fear of:

• Loss of wages
• Elimination of promotion opportunities
• Being fired from the job
• Paying for the cost of medical care

After a workplace injury occurs, there are precise steps you need to take. Many employers have a procedure in place for on the job injuries and employees should follow that protocol if it exists. Here are some tips:

1. Report the workplace injury to your supervisor immediately.
2. Handle the claim promptly, even if the injury seems minor.
3. Contact a physician to obtain a medical assessment right away.
4. Document all details on paper while fresh on your mind.
5. Take photographs of where the accident occurred as soon as possible after the incident.
6. Ask any witnesses to document their account of what occurred.

Employees injured on the job should be covered by their employer’s workers compensation insurance, including lost wages and medical care. Because many insurance companies require a filed report within 48 hours after an incident, time is of the essence in filing your claim.

Have you or a family member filed a workplace injury claim that has been denied? A Portland workplace accident attorney can assist you in receiving adequate compensation for an on the job injury.

More Injuries On the Job Among the Elderly

Americans are faced with an aging population as the baby boomers are maturing into their senior years. In the past, at this stage of life, people retired and began to take time for themselves. With the housing and stock market downturns, however, many seniors have lost their retirement savings and are faced with the necessity to keep working. When seniors postpone retirement, they can meet with some unpleasant consequences.

Healthday.com has published an article highlighting one of these consequences: the increase in workplace injury for seniors. The percentage of injuries in people over the age of 55 has climbed from 12 % in 2003 to 17% today. The article stresses that seniors’ risk for incurring injury is not significantly higher than that of other groups, but the severity of the injury can be greater. Older workers are more prone to falls that result in fractures, such as debilitating hip fractures, than their younger counterparts. Officials are showing concern in reaction to the new trend.

“There is an urgent need for us to look at the safety and health needs of older workers, because they are growing. Employers and others should take steps to help protect the older worker,” said report co-author Dawn N. Castillo, chief of the surveillance and field investigations branch in the division of safety research at the CDC’s National Institute for Occupational Safety and Health.

If you are injured while on the job in Oregon, you are entitled to workers compensation, but even more importantly, you are entitled to a safe work environment. If you are senior in Oregon and have been injured at your workplace, there might have been more that your employer could have done to keep you safe. Your employer is liable for your safety while you are under contract, at their office, or performing duties for them. You may want to contact a Portland injury attorney to understand your rights and legal options.

Source: http://consumer.healthday.com/Article.asp?AID=652391