Workers’ compensation matters: Violence in nursing home settings

Published on Feb 20, 2018 at 1:15 pm in General Blogs.

More than likely, Maryland readers have heard horror stories about the treatment of nursing home residents. While the abuse and neglect that many residents suffer at the hands of nursing home staff is deplorable, it is not the only source of violence in these facilities. Nursing home staff may also become the victims of violence — from the residents — and they may make claims for workers’ compensation benefits as a result.

For example, the Occupational Safety and Health Administration recently issued citations for a facility’s failure to protect its workers at a nursing home in another state. After receiving two complaints regarding injuries due to resident violence, OSHA began an investigation into the facility in Aug. 2017. It found five documented instances of injuries and several undocumented instances in which staff suffered injuries due to the violent behavior of residents.

Alleged slip-and-fall accident leads to suit against Subway

Published on Feb 16, 2018 at 1:16 pm in General Blogs.

A woman in another state recently claimed that she suffered injuries after slipping and falling at a Subway restaurant. She asserted that the fast food restaurant’s negligence led to her injuries and has therefore filed a lawsuit against the eatery. Anyone in Maryland who suffers injuries in a slip\-and\-fallaccident resulting from a property owner’s carelessness has the right to take legal action.

The recent out-of-state incident took place in July 2017. According to the woman’s lawsuit, the woman was ordering food at the Subway restaurant. All of a sudden, she slipped and fell on the floor.

Legal action begins over the Amtrak crash in Washington state

Published on Feb 8, 2018 at 1:17 pm in General Blogs.

The first plaintiffs have filed lawsuits after the Amtrak passenger train derailment that occurred near Tacoma, Washington, on Dec. 18, 2017.

The legal action now underway reveals which entities might be liable in a complex mass transit accident.

The background

An Amtrak passenger train was making an inaugural run on a new route from Tacoma, Washington, to DuPont in Pierce County when it derailed while speeding through a 30 mph zone at 78 mph. Several cars jumped the tracks, and pictures showed a couple of them dangling precariously from an overpass above Interstate 5.

Report states little oversight to prevent nursing home negligence

Published on Feb 8, 2018 at 1:16 pm in Nursing Home Abuse.

In many aspects, families may consider an assisted living facility a better alternative to the traditional nursing home setting. Unfortunately, a new federal report states that, in spite of billions of dollars going to pay for this type of care for Medicare and Medicaid patients, there is little guidance or oversight provided to prevent nursing home negligence or abuse. The new report covers these designated institutions in every state, including Maryland, and calls for more regulation.

Seek medical care after a car crash even if you feel fine

Published on Feb 7, 2018 at 1:18 pm in General Blogs.

It’s normal to feel shaky after a car accident, from the unexpected jolt of a rear-end collision or simply the commotion of a fender-bender. But as the shock wears off, you may feel OK, even relieved it wasn’t worse. You’ll probably be more concerned about the damage to your car.

Take the time to seek medical care (or to make sure that a loved one does). There could be hidden injuries such as a fracture or internal bleeding or concussion. It is also important to establish a doctor’s report that clearly ties any injuries to the car accident. 

Workers’ compensation may benefit man hit by cement cylinder

Published on Feb 1, 2018 at 1:18 pm in Workers Compensation.

A man in another state recently suffered injuries while working at a construction site. The accident occurred on a Monday afternoon. Fortunately, workers in Maryland and elsewhere may be able to take advantage of workers’ compensation to help them to address their injuries quickly and efficiently.

In the recent out-of-state case, a man was apparently doing sewer project work associated with a subdivision that was in the process of being built. However, while he was inside a deep excavation hole, a cylinder made from cement collapsed onto him. The cylinder fell after reportedly shifting somehow.

4 steps to take after a bus accident

Published on Jan 25, 2018 at 1:07 pm in General Blogs.

You may take public transportation to and from work or your college classes. Perhaps you join friends or family  now and then for a trip on a motor coach.

The vast majority of bus trips are safe trips. However, accidents do happen. Here are four steps to take if you are aboard a bus that is in an accident.

Medical malpractice issues: Falling while in the hospital

Published on Jan 24, 2018 at 1:08 pm in Medical Malpractice.

One of the last places that you may think you are in any danger of suffering from an injury is in a Maryland hospital. You expect that the doctors, nursing and other staff will diligently work to protect your safety. Sadly, if that was always the case, there would be no need for medical malpractice laws.

Most hospital personnel here in Maryland and elsewhere care about their jobs and their patients, but they cannot be everywhere at once and are human. Mistakes happen. One of the most prevalent sources of injury in a hospital is from falls.

Slip-and-fall: Does the property owner owe you a duty?

Published on Jan 17, 2018 at 1:09 pm in General Blogs.

Under Maryland law, when you go onto someone’s property, you may be owed a duty to reasonably protect your safety. For instance, any hazards that could cause a slip\-and\-fall accident that the owner knows about, or should reasonably know about, must be fixed or removed. If you do suffer an injury due to a property owner’s negligence or failure to correct dangerous conditions, one of the first questions that may be asked is whether a duty was owed to you.

People who go onto someone’s property generally fall into one of three categories: invitee, licensee and trespasser. Depending on your status, you may be able to pursue restitution for any injuries you suffer on the property. As the name implies, invitees are those who have a business reason for being on the property such as shopping or applying for a job.  Property owners owe the highest standard of care to those who fit into this category.

Officer-involved pedestrian accident leaves teen dead

Published on Jan 11, 2018 at 1:10 pm in General Blogs.

It does not matter whether Maryland police officers are on duty or off duty. While they are behind the wheel, they must adhere to traffic regulations unless under certain circumstances. They owe the same duty, if not a higher one, to other motorists and pedestrians as anyone else does. Avoiding a motor vehicle or pedestrian accident should remain a priority for every driver, including those in law enforcement.

Recently, a police officer here in Maryland failed to avoid a collision, and it cost a 16-year-old his or her life. From what initial reports indicate, the teen was crossing the street shortly prior to 1 p.m. on a Monday afternoon. At the same time, a police vehicle attached to the Metro Transit Police K-9 Unit entered the intersection and struck the pedestrian.



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