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Currently Browsing: Personal Injury

Preventing Toxic Exposure in the Workplace

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Industrial and manual workers in fields such as construction, manufacturing, and mining often face plenty of risks in their workplace. Unfortunately, these jobs involve hazardous tasks and equipment that could lead to devastating accidents. Among the dangers they commonly face is the risk to toxic exposure.

Constant and prolonged exposure to hazardous chemicals can inflict harm and lead to devastating physical symptoms, especially when proper safety regulations aren’t practiced. For one, it’s important that each employee dealing with such substances are properly suited in protective gear to avoid direct contact with the harmful materials they’re working with. The Occupational Safety and Health Administration (OHSA), under the Department of Labor, have also made several recommendations to control and minimize the occurrence of toxic exposure in the workplace.

According to OHSA, prescribing protective gear and equipment is not enough to protect workers from harmful exposures. The next step should involve updating administrative and work practice controls to make the entire process even more safe and efficient. One way this can be done is by rotating tasks or adjusting certain work schedules so that no worker remains overexposed to a toxic material.

Employers should also change certain engineering controls to better contain the hazards involved in the job. For example, isolating or enclosing the process where hazardous substances are involved can help reduce unnecessary exposure in the entire work area. However, for OHSA, the best solution is eliminating the risk of exposure altogether through the use of substitute materials.

When taken into practice, these simple recommendations can help reduce the risk of toxic exposure in the workplace. Employers have the responsibility to provide a safe working environment for their employees. With proper precautions and regulations, they can help prevent devastating accidents and injuries such as poisoning and chemical burns from happening.

If you or anyone you know is currently suffering from the harmful effects of toxic exposure in the workplace, it’s important to seek out legal counsel and learn which actions you can take. Your options and avenues will differ depending on which state you live. Contact an experienced lawyer in your area.

How to Spot An Abusive Nursing Home

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It can often be difficult to determine whether someone is being held in abusive care. These cases are sometimes not even reported due to the fact that the victims of abuse fear retaliation or punishment from the abuser. Sometimes, there are no telltale physical signs of it upon the victim such as bruises or lacerations. It can be a difficult thing to prove and sometimes, even the abused do not know that they are currently in an abusive situation.

Take, for example, abuse in nursing homes.

Nursing homes are expected to hold themselves to a certain standard of care. They are expected to be properly staffed with people who are competent and qualified; these homes should be furnished with sufficient, effective medication and technology. It can be a stressful situation enough as it is, to decide to put your elderly loved ones into a home – but if you carry a lifestyle wherein you are not capable of providing them with the care they need and deserve, nursing homes are often more advisable and more beneficial that way. However, there are some homes that fail to exhibit the proper care that is expected of them – even going so far as to being abusive to the people they are meant to be looking after.

Citing the website of the Abel Law Firm, some of the telltale signs that a particular nursing home could be that staff members are intentionally unhelpful with certain inquiries or that several spots of the facility are closed off for reasons undisclosed; other signs that a particular nursing home is not quite up to standards is that your loved one is experiencing increasingly degrading health conditions or has sudden scars, cuts, bruises, or other physical implications of violence on their bodies.

If you believe that your loved one has suffered abuse from a nursing home, it is advisable that you seek legal aid immediately in order to further develop and determine if justifiable legal action is an option for you.

Premises liability for Inadequate Security in New Jersey

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Commercial establishments have a duty of care towards the people who are invitees to their property or premises. In New Jersey, the laws concerning negligent security, also known as inadequate security, follows fairly universal legal principles of duty of care and premises liability. This includes the responsibility of providing reasonable safety and security measures such as well-maintained facilities, fire escapes, safe surroundings, vetted staff, and security checks and personnel. This is especially true of retail businesses, banks and hospitality industries such as hotels because the nature of the business requires the physical presence of their clients on their premises.

However, when it comes to personal injury claims based on inadequate security, the laws are open to interpretation as is true in most cases. The terminology used in the legislation can be tricky if incorrectly handled during litigation. For example, “reasonable” can mean many things, depending on circumstances and, unless there is clear negligence on the part of the premises owner, proving that there was a breach of the duty of care can be difficult.

Inadequate security lawyers are necessarily well-versed in the way the law is interpreted in their particular jurisdiction. New Jersey attorneys make a thorough study of New Jersey court decisions on negligent security to develop a sense of how the courts tend to interpret particular sections of the current law. In many instances, court decisions serve as a precedent used as a legal basis for arguments in favor or against a plaintiff. Such decisions have particular weight if they are upheld in higher courts because the emphasis at these levels of the judicial system tends to be on the legal rather than personal aspects of a case. This objectivity tends to lend a particular interpretation of the law a lot of credibility.

If you suffered some type of personal injury because of negligent security at a particular establishment, you should have your case assessed by an inadequate security lawyer before filing a lawsuit. A good New Jersey lawyer would be able to give sound advice on the probable outcome of your case, and if it is worth pursuing.

Required Bus Driver Training in Iowa

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Bus driver training is not the same as regular driver training. The Iowa Department of Transportation (DOT) requires potential bus drivers to pass a Commercial Driver’s License (CDL) knowledge exam before they can even get a CDL learner’s permit. You can get a copy of the Model Commercial Driver License Manual from the Iowa DOT website, and pay particular attention to relevant portions of the guide. For example, if you expect to be driving a school bus, you need to know the rules and regulations pertaining to school busses.

The CDL learner’s permit is required for a driver to undergo a hands-on skills exam in preparation for getting your CDL. You may need to undergo training with accredited schools, but it is not actually a requirement. However, if you have no training with the commercial vehicle you intend to drive, you may not pass the skills exam. Once you pass the skills exam, you have to undergo a medical exam (which includes visual acuity) to determine your physical fitness to drive a commercial vehicle. You have to undergo this exam every time you renew your CDL.

Bus driver training is a specialized course and bus companies usually require some certification from a training school accredited with the local bus service association together with the CDL before hiring a driver. If you want to start a career as a commercial or school bus driver, it would be best to invest in the proper training.

There are many rules and regulations pertaining to commercial motor vehicles, but bus driver training is especially crucial because the lives of passengers are at stake. Passenger bus companies have the responsibility of ensuring the bus drivers they hire are competent. When bus accidents happen because the driver did not have the proper training to transport 16 or more passengers, the liability for any injuries or deaths are shared by the driver and the bus company. If you or someone close to you was adversely affected by the lack of training of a bus driver, consult with a bus accident lawyer regarding a personal injury or wrongful death claim against the driver and the bus company.

Causes of Refinery Explosions

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A refinery explosion is a very devastating event; it can lead to extensive damage, severe injuries, and even death. In these modern times, the use of many chemicals is very common that we have a whole industry specializing in extracting, producing and marketing these products. However, although they have become more accessible, people who are responsible in making these products an everyday convenience are put in a lot of risks and dangers. Accidents that occur in these industrial plants can leave to extreme property damages, severe injuries and even death.

There are many reasons as to what can cause a refinery explosion. Different situations can lead to different reasons for an explosion, some more often or prevalent than others. Natural disasters such as earthquakes or lightning storms can be a factor to these explosions, but other common reasons are:

  1. Unseen corrosion (when metal is slowly worn down through a gradual process)
  2. Irresponsible cigarette smoking (especially around the working areas)
  3. Improper or poor equipment or machinery maintenance
  4. Poorly trained employees (particularly in safety and first aid procedures)
  5. Using impure or dirty chemicals Incorrectly cared for boilers

Blatant violations of Occupational Safety and Health Administration (OSHA) safety rules and regulations is a sure fire way to increase the chances of a refinery explosion. Other reasons for such catastrophe are well blowouts, poor labeling of chemicals or other products, and unsafe and overlooked procedures. Majority of the reasons for these explosions are preventable and man-made, making it an even more devastating and tragic accident.

Because of the volatility of the products in these refineries, even a small explosion can result to a huge catastrophe. Companies who neglect to provide proper safety training or fail to monitor their facilities only opens up the potential of a refinery explosion. Even a small explosion can cause severe physical, emotional, and financial strains to everyone involved. An explosion in an oil refinery can always have devastating consequences.

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