What Are Some Tips to Prevent Workplace Slips & Falls?

Friday, September 30, 2016

Workplace slip and fall accidents are one of the most common causes of injury. This type of incident causes 15% of all accidental deaths—second only to motor vehicle accidents. The greatest number of fatal falls occurs in the construction industry, but virtually every industry has this risk. The health services and retail industries have the highest number of nonfatal slip and fall accidents. The Occupational Safety and Health Administration has rules employers must follow to prevent slips and falls, and the best way to protect yourself is to be proactive.

Pay Attention While You Walk

A second of inattention can lead to a catastrophic slip and fall accident, especially if you work from great heights or with dangerous equipment. Texting and walking, for example, can result in falling down a flight of stairs, slipping on an obvious spill, or tripping over an obstacle. Your employer has a duty to take measures to ensure employee safety and reasonably prevent hazardous situations in the workplace. However, you also have a duty to pay attention to where you are going. In Texas, the jurisdiction of modified comparative negligence means if the court finds you more than 50% at fault for a slip and fall accident, you will not receive any compensation.

Wear the Proper Equipment

Ignoring your employer’s dress code or workplace regulations will only result in your own personal injury. Rules are in place to protect you from accidents such as slips and falls. Often, a slip and fall accident results from loss of traction between the shoe and the walking surface. Wear appropriate shoes for your job, with non-slip bottoms and the right type of heel to prevent this kind of accident. If you work in the construction industry, wear the proper harness or other equipment to protect yourself in the event of a fall. The right equipment can mean the difference between life and death in a dangerous industry.

Keep Your Facility Clean

It is up to an employer to create and enforce good housekeeping practices, but as an employee, you must always strive to keep your workplace facility clean and clear of hazardous obstacles. A cluttered workplace is a trip and fall risk, where an immobile or moveable object on the ground comes in contact with a person’s foot, ankle, or shin. Keep the workplace clear of dangerous obstacles, and follow protocol when there is a spill. Mark the area clearly with a warning sign until you can clean the spill. A sloppy workplace is a recipe for disaster, especially in high-risk industries.

Report Hazardous Circumstances

If you notice anything in your workplace that stands out to you as a slip and fall hazard, report it to your employer immediately. It is your employer’s duty to remedy dangerous environmental circumstances, such as an uneven sidewalk or an icy parking lot. If your employer knew of the dangerous situation and did nothing to prevent a slip and fall accident, the courts would find him or her at fault. If your employer reasonably could not have known about the hazard, the case will settle differently. Notify your employer about a dangerous spill, poor lighting, obstacles in aisles or walkways, or other hazardous situations so he or she can take the proper steps to remedy the problem.

Stay Vigilant

Many slip and fall accidents are entirely preventable with the proper foresight and attention to the job activity. Do not assume your workplace is safe. Instead, be proactive about your safety and take steps to ensure you will not be the next victim of a serious slip and fall accident. If you do suffer a slip and fall injury, get in touch with a personal injury attorney right away to discuss your case and investigate your workplace.

Posted by admin at 6:10 pm

What Are Some Tips to Prevent Stroller Injuries to Children?

Wednesday, September 21, 2016

Although stroller and other child safety technologies have advanced over the years, they are still not 100% safe in every situation. During a five-year study, there were an estimated 64,373 stroller-related injuries to children three years old and younger. In the study, 70% of children came to hospitals for stroller-related head traumas. Stroller injuries are unfortunately common, particularly in the first year of a child’s life. Learn how to prevent stroller injuries, and help ensure your child does not become a statistic.

Choose Your Stroller Wisely

Stroller safety begins with buying the right stroller for your child. There are a variety of stroller designs available to parents today, each with its own pros and cons. When looking for strollers for your baby, consider where you will be using the device. If you live in a city, for example, you will need one that can maneuver along sidewalks and collapse to fit onto a bus or subway. In more rural locations, you may need a more durable stroller for dirt roads that can fold to fit inside your vehicle’s trunk. Also, think about when you will be using the stroller. There are special strollers designed for jogging, for instance.

Your child’s age is a major consideration when choosing a stroller. A newborn needs a stroller that reclines, since newborns cannot sit up or support the weight of their heads. Some strollers work with a bassinet attachment or infant car seat. Jogging strollers and umbrella strollers typically are not meant for newborns younger than six months old, as they do not provide adequate head support. If your baby has special needs, the stroller needs storage for any necessary equipment.

Check Your Stroller’s Brakes

A stroller rolling into traffic is a parent’s worst nightmare. Help prevent this tragedy by choosing a stroller with practical, easy to operate brakes. A special safety feature on some strollers is brakes that lock two wheels for extra protection. The brakes should be easy to engage, but not easy to disengage. Make sure the brake release lever is out of reach of your child while in the stroller. Always engage your brakes when you stop the stroller. Check for stroller recalls to ensure that you do not purchase one with a known defect or hazard.

Know Your Stroller’s Pinch Points

Most strollers today are expertly designed to prevent child injuries. Checking the design for yourself, however, is an excellent way to ensure you purchase the safest one for your needs. Many stroller injuries result from pinched or caught extremities, leading to lacerations or crushed bones. If you need a double stroller, for example, look for one with a single footrest to avoid your child’s feet becoming trapped between separate footrests.

Often, strollers have hinges that may injure a child’s fingers. Manufacturers have even recalled several models for this reason over the years. Use the pencil test to check for other parts of the stroller that could potentially pinch or injure your child. If the pencil can go into a point and get stuck, your child’s fingers are at risk. Keep a close eye to keep your child’s hands away from recognized pinch points, and keep children a safe distance away while folding and unfolding the stroller.

Stay Close to the Stroller

Never leave your child unattended in the stroller or unbuckled. Watch out for any situation that could lead to the stroller tipping over, as this is a common cause of stroller-related head injuries. Avoid hanging heavy items on the stroller’s handlebars to further prevent this issue, and ensure that your child is within the weight limits of the stroller. Prevent accidents from happening by knowing what to look out for and staying close to your child while in the stroller.

Posted by admin at 9:18 pm

Can I Hire an Attorney in a Different State Than Where I Reside/Accident Happened?

Thursday, September 15, 2016

Accidents can happen at any time and in any place. When one occurs in a different state than where you reside, it can complicate the claims process. The laws may be different than in your state, and you may want to hire an attorney who holds a license in the state where you are addressing the legal issue.

Protocol for Interstate Legal Problems

Jurisdiction laws typically require that you file a case in the state where the accident occurred. However, it is common for plaintiffs to want to hire a lawyer from their home state. In general, an attorney must have admittance to the state bar in the state in which he or she wishes to represent a client. This is true for any kind of case, whether you need an attorney to represent you in a personal injury suit or a real estate transaction. If you need an attorney to represent you in the state in which an accident happened, the attorney must have a license in that particular state.

However, there are a few exceptions to this rule. If you would prefer to use an attorney from your home state with whom you have worked before in a different state, find out if that state will grant your attorney a limited law license. States will grant this request in some situations, usually for public defenders or legal aid services. The attorney must have a license to practice law in another state for this option. Some states also allow an in-house counsel exception, in which a corporation hires an out-of-state attorney to represent them as in-house counsel.

In some cases, the state will allow an attorney from out of state to represent a client “for this one case,” or “pro hac vice.” The attorney must petition the court to represent the client and must have a license in another state. It is up to the court’s discretion whether to grant the petition, grant it with conditions, or deny the petition. A condition may be that the attorney must work with in-state counsel, for example.

Pro hac vice is only a good option if the attorney is familiar with local and state laws. An attorney can obtain state licensure without taking the bar exam in certain situations. If an attorney has practiced law in another state for a certain number of years, some states will grant faster admission to the bar. This is called reciprocity.

Should You Hire an Out-of-State Attorney?

Deciding whether to try to bring an out-of-state attorney to your case or to hire an attorney in an unfamiliar state depends greatly on the circumstances of your case. If you are the defendant in a case, for example, your insurance company will likely provide you with a personal injury lawyer. In this case, you would not have to worry about hiring an attorney at all. Since most personal injury cases get settled outside of court without litigation, your attorney only needs to be competent and knowledgeable enough to skillfully handle negotiations.

If you are the plaintiff, on the other hand, the state in which your personal injury attorney holds a license matters more. If you believe your case will go to court instead of reaching a settlement, it is wise to hire a personal injury attorney who lives near you. This makes it easier to communicate with them regularly about your case’s progress and work with them face-to-face. However, it is crucial that you hire an attorney with the proper skill set and expertise to obtain the best outcome for your case.

An out-of-state attorney may not have as deep a grasp of the state laws as a local attorney. Ask your desired attorney if petitioning the court to practice law in a different state is the best option for your case.

Posted by admin at 10:18 pm

Five Reasons to Hire Our Dallas Car Accident Lawyers

Saturday, September 10, 2016

Five reasons to hire a Board Certified Dallas car accident lawyer

Texas car wreck cases involve greedy billion-dollar insurance companies

If you’ve been injured in an auto accident in Dallas or the surrounding area, the stress that comes from dealing with a traumatic injury and worry over damage to your vehicle can be overwhelming.  The last thing you should do is talk to the trained representatives of a billion-dollar insurance company before seeking legal advice. Insurance companies have spent millions of dollars developing strategies to lead car wreck victims into diminishing the value of their claims. Seek a free consultation with our experienced Dallas car accident lawyers to help you preserve your rights and fight for the compensation you are entitled to get under Texas law.

Auto accident claims should be handled right from the start by Board Certified Dallas car accident lawyers

If you were not at fault for the collision, there is no reason to speak with the insurance company. Your attorney will handle all contact with the insurance company and insurance adjusters, so that you can focus on your recovery. There are so many variables involved in car accidents that affect the outcome, and the best way to handle each case depends on the individual circumstances.  It is essential to seek advice from our Dallas car accident lawyers, who have a broad range of experience with many types of accidents and injuries to make sure your rights are protected and you are fully compensated for all of the injuries you sustained. Attorney Aaron A. Herbert is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, and has handled thousands of car accident injury claims.

Motor vehicle collision cases involve complicated legal hurdles requiring experienced legal advice

It is critical that your car wreck claim is handled right from the beginning to end. Some injured individuals are tempted to handle car wreck claims on their own, unaware of critical procedural and filing requirements. If deadlines are missed or your injuries are not properly documented, the value of your claim will suffer. Even worse, the risk involved in signing forms provided by the insurance company or giving recorded statements to insurance adjusters are grave.  A Dallas car accident lawyer from the Law Firm of Aaron A. Herbert can help you understand the legal issues surrounding your auto accident.

Investigation into the cause of the collision must start right away

The causes and circumstances of a car accident can affect what damages you can recover. The more time passes from the date of a car crash, the more difficult it will be to obtain crucial evidence. Over time, some evidence could be lost completely. When you hire Attorney Aaron A. Herbert for your car wreck claim, our dedicated team of Dallas car accident lawyers and investigators immediately begin gathering information and evidence.  We quickly contact witnesses for statements, take photographs of vehicles before repairs begin or the vehicle is sold for salvage. If the police were involved in investigating the collision, our firm will file an “open records request” seeking squad car video and other evidence obtained by the police. Our firm uses cutting edge technology and discovery tools to investigate, discover, document and preserve every possible fact about your case in order to obtain the compensation you deserve.

Medical treatment is expensive and failure to document your injuries will hurt your recovery

To further complicate matters, the injuries sustained depend heavily on the circumstances of each individual car accident. Most Texans injured due to negligent drivers expect the insurance company will pay for medical treatment right away. In fact, when calling to set up a claim most car insurance companies will tell the injury person “we can’t help you with that until we get a statement”. Don’t be fooled by this tactic! The insurance company will not help you with medical treatment and the bodily injury adjuster will simply tell you they “are still investigating the claim” even if you give them a statement. The insurance company hopes you wait days or even weeks before seeking medical treatment, in order to claim the delay in treatment proves you were not severely injured. Our Dallas car accident lawyers fight this delay tactic by ensuring our clients are able to obtain the appropriate medical treatment. For example, even if you have no way to pay for medical treatment, we can assist in finding medical facilities and diagnostic testing to properly document injuries sustained in the collision. Injuries are not always apparent immediately after the auto accident and this is why it is vital to speak with our experienced Dallas car accident lawyers right away.

No-fee, no-obligation legal consultation

Attorney Aaron A. Herbert offers all victims of accidents a no obligation, free legal consultation. Call now to speak with a seasoned, experienced car accident attorney for a review of your case at (214)200-HURT. You can also click HERE to tell us about your case, and Attorney Aaron Herbert will contact you to discuss your legal rights and how we will fight to protect them.

Posted by Aaron Herbert at 4:13 am