Injuryboard Commentary - Injury

Injury severity has the most effect on workers' compensation payouts, not attorney fees

Doug Landau — Mon, 07 Dec 2009 01:27:00 GMT

The severity of injury and level of impairment -- not the workers' legal fees -- have the most effect on payout for workers' compensation claims among Illinois construction workers, researchers at the University of Illinois at Chicago School of Public Health have found. The research is published in the November issue of the Journal of Occupational and Environmental Medicine. journals.lww.com/joem/pages/default.aspx

The study uses workers' compensation data to quantify the actual amount of money spent on claims. The researchers identified specific factors associated with cost, such as age at the time of accident, weekly wage, fatality, attorney representation, number of body parts injured, and the severity of injury. Demographic data was also obtained for workers filing claims, including sex, marital status, number of dependents, and place of the accident.

The study evaluated 19,734 claims filed with the Illinois Workers' Compensation Commission between 2000 and 2005. Such claims are filed when an employee and employer are unable to resolve compensation for an injury independently. There were 1.21 construction claims per 100 Illinois construction workers. The study also found that those injured workers who had a lawyer helping them received more in compensation than those representing themselves, after controlling for all other variables. "The discussion that workers retaining attorneys are driving up costs always surprises me," said Lee Friedman, assistant research professor of environmental and occupational health sciences at UIC and lead author of the study.. "There has never been a discussion about employers retaining attorneys, which they almost always do. The discourse has always been one-sided." Indeed, the amounts an insurance company or employer can pay its lawyers is not reviewed by the Workers Compensation Commission in any state Herndon injury lawyer Doug Landau practices in and there is no limit to what these large firm lawyers can charge to defeat an injured worker or their family's claims. This disparity in the law is almost never discussed in the press. What is worse, says Landau, is that the insurance lawyers are paid, "win, lose or draw" on an hourly basis, unlike the disabled workers lawyer, who is usually paid on a contingent fee basis, "which means they are only paid for their efforts if they win or are otherwise successful on their clients' behalf." The insurance defense lawyers have little incentive to resolve the issues quickly and the more hours they bill, the more money they make for their law firms and themselves. this is one of the reasons that Virginia should enact laws to counter bad faith workers compensation claims handling and delay tactics. If you or someone you know has been injured in an on the job accident, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Originally posted at InjuryBoard by Doug Landau

I-94 Head On Collision Sends Two To The Hospital

Mike Bryant — Sun, 06 Dec 2009 22:46:00 GMT

Saturday night, a Toyota Tundra hit a Toyota Sienna sending a mother and her son to the hospital. The Tundra was driving wrong way on a ramp from I-94 at 49th Avenue. Five other children were also injured in the van with the hospitalized pair. Investigation continues, but it is suggested that alcohol played a role.

If you are in an accident, make sure to get the names of anyone who indicates they saw what happened. If you witness an accident, check to see if everyone is OK and stay around or at least give the drivers your contact information. If you are injured, seek the advice of an attorney who does that kind of work and who can explain your coverages and rights.

Originally posted at InjuryBoard by Mike Bryant

Employers who hire day laborers still responsible for workers comp benefits

Doug Landau — Sun, 06 Dec 2009 21:15:21 GMT

Employers who hire day laborers, undocumented workers and cash only laborers still responsible for workers comp benefits, according to workplace injury lawyer Doug Landau of ABRAMS LANDAU, Ltd. In a decision in favor of Landau's client handed down by the Workers Compensation Commission, the worker's medical bills (without any deductibles), temporary total disability, out of pocket expenses for his prescription medications, travel to see his health care providers and permanent injury were all ordered to be paid by the insurance company.

FACTS: The worker was picked up at the Herndon 7-11, since, in their infinite wisdom, the Town Council closed the Herndon Day Labor Site and brought those seeking employment back to Elden Street where everyone who visits the "Historic" Town can see them every morning lining the roadway. The construction company owner selected several men with experience in the building trades who would be paid cash at the end of the day. The owner was driving a company truck, wearing the company uniform and had the company's tools in the back. Several of the laborers were dropped at a commercial construction site before Landau's undocumented client was dropped off with another worker at a residential property with the company's sign out front. The claimant was ordered to clean up the construction debris and was injured while doing so. When the injured worker sought help, he was told by the construction company that he was not an employee, and their insurance company added that he was not on their list of employees, not on their insured's work site and not covered by their policy. When the worker cam to ABRAMS LANDAU, he had received no benefits of any kind.

The injured worker had no documentary evidence other than the owner's business card and a recall of the address where he was injured. The ABRAMS LANDAU team was able to investigate his claim and find out that the residence was owned by the boss's sister, and that indeed, the company's sign had been out front. The injured workers law firm was able to show the Workers Compensation judge that by all appearances, this was indeed one of the company;s work sites, an that the men were hired by the company. Using the legal doctrine of "apparent agency," lawyer Landau was able to convince the comp judge that the claim was indeed meritorious and the judge ordered the construction company's insurer to pay the benefits sought. The construction company thought it could get away with hiring these men and then avoid responsibility if they got hurt. However, the Workers Compensation Commission ruled that the company was indeed responsible for the men it engaged and had working under its direction, regardless of their legal, temporary employment or work status. If you or someone you know has been injured in an on the job accident, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Originally posted at InjuryBoard by Doug Landau

Heath Insurance Coverage Shouldn't Be A Deterrent To Rape Reports

Mike Bryant — Sun, 06 Dec 2009 19:51:00 GMT

Interesting series in the Huffington Post last week, which looked into the issue of what happens to women who make certain kinds of medical claims. Spotlighted were the cases of women who, after being raped, needed to go through courses of HIV protection measures or who needed post-traumatic care.

Imagine even having to consider whether to report the brutality of being raped because you might later be denied for a preexisting condition. This is just an almost unthinkable deterrent.

It is the quandary that so many insurance companies profit from. The reason for the ongoing fairy tail that there is a litigation explosion out there. They profit from getting as many people as possible to buy more and more coverage. You never know when you will be sued, get sick, suffer a loss. Alternatively, they scare the heck out of people from ever using their coverage. Rates will go up, I will be denied, and I won't be able to get future care.

Just another reason why the health care debate needs to be about the consumer. That real issues , involving real people have to be at the center of any debate. This is not a time for profits over people. It is also most likely the reason why, just like in auto claims, the insurance companies have gone to the old Delay, Deny, and Defend policy.

Originally posted at InjuryBoard by Mike Bryant

The Senate Health Care Debate Continues To Be About Money Instead Of Consumers

Mike Bryant — Sun, 06 Dec 2009 17:05:22 GMT

I've written a number of times about what the issues should be at the heart of the health care debate: making sure more people have insurance, helping businesses that are being crushed by insurance costs, and most importantly, making sure we have good care. Of course, to do these things we have to talk about how to pay for them. But, I've been watching the debate for a week now, and continue to see opposition speakers get up and ignore the consumer. You can't be surprised, considering so many of them have been there for a long time and for the most part never even brought up the health care issue.

Instead it has been a stream of classic Bush/Rove attacks against the lawyers. Today, Sen. Ensign offered an amendment which would limit contingency fees in medical malpractice lawsuits to 33% of the first $150,000 of the total amount recovered by judgment or settlement, and 25% of any amount recovered in excess of the first $150,000 recovered by such judgment or settlement. The amendment also calls for the periodic payment of successful judgments.

Who does this bill help? Less people would be able to bring meritorious claims and the liability insurance companies would save money. Bad doctors could keep making money or at least feel safer in their malpractice work. The defense could spend all the money they want and delay more claims. And when a jury says they are supposed to pay, they get more time and a payment plan to do it. How does this make sense to anyone?

This idea doesn't even directly save the system money. The proponents argue indirect savings, but every such argument has been shown to be inaccurate:

Saving through the reduction of defensive medicine:

Tort Reformers Ask: "What? You asked for an X-ray!" Bah! Humbug!,Steve Lombardi, October 19, 2009 10:14 AM

Saving of reduced junk law suits:

I sn't Tort Reform Only About Frivolous Cases?, Wayne Parsons , October 25, 2009 2:08 PM

Savings through better care:

Health care Reform Must Put Patients First Because Medical Errors Happen All Too Often, Christopher Nace, November 16, 2009 10:00 AM

The shining example of Texas:

Straight Talk on Tort Reform from Texas, Bret Hanna , November 23, 2009 11:20 PM

The contingent fee system is only way that many Americans have any chance of being allowed the "key to the courtroom." People who have already suffered an injury, have medical bills and no income can only fight when they have the backing and support to do so. It is a protection that helps fulfill the basics of the 7th Amendments and protects vital consumer protections.

93,000 people die each year from medical errors. This amendment does nothing to make things safer. It does nothing to insure people have a remedy when wronged. Most of all it does nothing to deal with the real issues of the health care debate.

When the amendment comes up this afternoon, it needs to be stopped.

Originally posted at InjuryBoard by Mike Bryant

Weather, Speed, And Holiday Cheer: Time To Be Extra Safe On The Roads

Mike Bryant — Sun, 06 Dec 2009 10:26:41 GMT

The first week in December has again seen an increase in highway deaths. Hopefully, this isn't a sign of what is coming for the rest of the month. It is important with so many people rushing around and holiday parties starting up, that we all keep a little better look out.

Saturday night, a truck went the wrong way on the 49th Ave. Ramp on I-94 and hit a mini van head on. A passenger in the van lost her eight month old unborn child. She and her 10 year-old son are in critical condition, and four other children, ages three to nine, were also hurt. The truck driver is suspected of being drunk according to the Minnesota Sate Patrol.
Friday afternoon, a 23-year-old Watkins man died when his 1996 Saturn was hit by a 1995 Jeep Cherokee in Meeker county. The jeep failed to yield at 642nd Avenue and 365th Street in Forrest Prairie Township, according to the Meeker County Sheriff’s Office.
Thursday afternoon, A pickup truck and sedan collided at the intersection of County Road 45 and County Road 9 in Farden Township , according to the Hubbard County Sheriff's Office. The driver of the pickup truck and a passenger in the car were each ejected. Both were pronounced dead on the scene. The Hubbard County Sheriff's Office is still investigating the accident.
Tuesday afternoon, a 78 year old Roseville woman died in a seven car chain-reaction crash on County Road C at Snelling Avenue. Six eastbound vehicles were at a red light on County Road C when a westbound minivan hit the woman's vehicle at high speed, pushing it into the next vehicle and so on, the Roseville police said.

The 2009 numbers have continued to drop. Weeks like this still cause concern. With the holidays and winter type conditions, hopefully people will be careful. More will be found out over the coming weeks as to the causes of each of these collisions, so it's to early to tell if the common causes of speed and alcohol were involved in any of the incidents. In all of these cases sorrow for the families of those involved goes out.

As with any death in a Minnesota motor vehicle collision, there are many issues that will need to be reviewed. My partner, Joe Crumley, addressed this topic in a recent article for the Minnesota Lawyers Trial magazine. I was interviewed on the same topic.

Originally posted at InjuryBoard by Mike Bryant

Not So Fast: Nationwide Recall on Slim Fast Due to Bacteria Contamination

Rick Shapiro — Sat, 05 Dec 2009 21:03:00 GMT

Slim Fast, the popular weight loss beverage, has issued a recall due to the discovery of harmful bacteria in their product that could cause food poisoning including nausea, vomiting, and diarrhea. The bacteria discovered was Bacillus cereus, which is in the same category as Salmonella as a food-borne illness.

The product was sold nationwide, so there could be contaminated Slim Fast in North and South Carolina associated with food poisoning. In fact, some people believe up to 10 million cans of Slim Fast could be affected, according to CNN. The recall covers all flavors, best-by date, and product number. Slim-Fast had two other major food contamination/poisoning recalls roughly 10 years ago.

Over two million cans of the drinks were recalled because of the risk of gastrointestinal sickness, according to walletpop.com. A year prior to that, 192,000 cans were recalled when they were suspected of being tainted with a caustic cleaning solution. More recently, Slim Fast recalled a product earlier this year.

Back in February, Slim Fast had to recall their “on-the-go” bars due to the risk of salmonella food poisoning contamination. In many states, sellers and distributors of food automatically by law provide what is called an implied warranty that their food is wholesome, safe to eat, and is not contaminated (even if not in writing, mandated and "implied" by law). The warranty is a basis of food poisoning lawsuits or claims where a person has serious medical complications, such as hospitalization, doctor's bills, and even permanent effects of the food poisoning.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

Originally posted at InjuryBoard by Rick Shapiro

Osceola Passenger's Claims Come By Way of Driver Distractions

Steve Lombardi — Sat, 05 Dec 2009 20:24:36 GMT

A one-vehicle rollover accident was reported to have been caused when the driver “missed a curve, crossed the center line and rolled in the ditch along G76 Highway west of 60yh Avenue.” I’m not sure I’d agree with the description, but I get the gist of what they are trying to say. Really you can't "miss a curve" unless of course you've fallen asleep or passed out. What driver's do is fail to negotiate the curve. So is that what happened? You be the judge. Here is the report.

Both the driver and the passenger, Elizabeth Anne Hanscom, 23 from Osceola was seriously injured and taken to Iowa Methodist Medical Center. Is it enough that the driver says he missed the curve? Not likely, he’s probably still negligent or at fault for failing to drive at a reasonable and proper speed, failing to drive using due care and failing to drive while keeping a proper lookout.

That’s enough for today, but come back tomorrow to read The Verdict blog/blawg at Lombardi Law Firm where we will discuss other car-truck-semi-motorcycle accidents in Iowa. And as always if you are in an accident and need legal services we encourage you to call us sooner, rather than later. (515-222-1110 or 1-800-383-0331 or sdlombardi@aol.com)

Originally posted at InjuryBoard by Steve Lombardi

FDA Watch List on Potentially Dangerous Pharmaceutical Drugs Recently Updated

Randy Appleton — Sat, 05 Dec 2009 19:50:00 GMT

A list of drugs which may present potential health hazards was recently published by the FDA and can be accessed at the FDA's website. The list includes some antidepressants which have been widely prescribed and may lead to suicidal ideations.

The following are just a few of the drugs that have landed on the FDA’s list:

Prozac, Zoloft, Lexapro, Celexa, Able, Maprotiline, Atomexitine, Bupropion, Ablify

Drugs which are under investigation have been identified as having potential side effects. Physicians who prescribe any medication engage in a balancing approach in which they try to insure the patient receives the intended benefit from the medication without an adverse reaction. If a patient begins to experience an adverse reaction while taking a medication it is important to work with the physician to address the side effects and, if possible, avoid any potential harm.

Many times simple changes in dose or the frequency of taking a medication may relieve side effects while still providing the benefit of the medication. The best source of information describing symptoms which a patient suspects are side effects of any medication is the patient. If a patient suspects they are experiencing an unusual reaction while taking any medication, a full description of the symptoms should be reported to the treating doctor. It may be helpful to make notes describing the symptoms including when they began, how long they lasted and whether any other medication had been taken when the symptoms began. In cases of visible symptoms such as hives or rashes, a photo to show the doctor is a good idea. It is also important that a patient being treated by multiple physicians be sure each physician is aware of all the medication being prescribed by other doctors.

Prescription medications are intended to produce beneficial effects for the patient and should generally be taken specifically as instructed by a doctor. The FDA investigation should warn the public of some risks associated with the medications under investigation. If you, or someone you know, are concerned about the use of any medication, consult with the prescribing physician and discuss your concerns thoroughly. Physicians are concerned about the well being of their patients and such discussions provide an opportunity to address issues which directly deal with a patient's care.

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car,truck,railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by Randy Appleton

Strict enforcement from VSP on I-64 in Norfolk this weekend

Randy Appleton — Fri, 04 Dec 2009 19:22:11 GMT

Drivers on Interstate 64 beware: The Virginia State Police is out in force this weekend.

Troopers are being paid overtime in a federally-funded effort to keep Virginia’s highways safe, the VSP’s superintendent said in a press release.

The operation is called Operation Air, Land and Speed and is designed to discourage speeding and other reckless behavior, The Virginian-Pilot reported.

Speeding is the cause of many traffic accidents in Hampton Roads and elsewhere. My colleague Emily Mapp Brannon wrote in October about a fatal motorcycle accident in Chesapeake where speed was a factor.

“Speed and reckless and distracted driving endanger too many lives on the Commonwealth’s roads,” W. Steven Flaherty, the Virginia State Police superintendent, said in a press release. “Every motorist must remember to buckle up and drive defensively not aggressively while they are behind the wheel, especially during the holiday season.”

Troopers will be on I-64 – as well as Interstate 66 in northern Virginia – starting today and going through Sunday. They are using both marked and unmarked vehicles, as well as motorcycles and aircraft.

The Virginia State Police said that in December 2008, when the agency last conducted Operation Air, Land and Speed on I-64, it ticketed 251 drivers for reckless driving, 1,783 for speeding and 227 for not wearing a seat belt. The VSP also made 24 arrests for drunken driving, drug possession and other crimes.

“Unfortunately, the only way to get some drivers to adopt safer driving habits and behaviors is through stepped up enforcement projects,” Flaherty said.

(MM)

Originally posted at InjuryBoard by Randy Appleton