Feb
25
2010
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Children and Sports Accidents

Participation of children in any sport, whether it’s recreational or competitive, can teach them to stretch their limits and learn about discipline, and sportsmanship. But with all sport also carries the potential for accidents that can lead to injury.

Accident Statistics in Children

  • Some 30 million children and teenagers engage in sports every year.
  • And out of the 30 million, more than 3.5 million children and teenagers, ages 5 to 14, are injured by playing competitive and individual sports, and also by participating in simple athletic recreational activities.
  • More than 775,000 children, ages 14 and under, are treated in hospital emergency rooms for sports-related injuries each year.
  • Sprain and strains are the most common sport injury sustained by children.
  • 21 percent of all Traumatic Brain Injuries (TBI’s) among children are contributed to sports and recreational activities.
  • Skating, skateboarding and bicycling activities result in almost 50 percent of head injuries sustained in sports or recreational activities.
  • Baseball has the highest fatality from sports of children and teenagers ages 5 to 14.

Preventing Sport Accidents in Children

Parents, coaches, program supervisors should be responsible enough to provide maximum safety in a healthy playing environment of a child. Injuries that are sustained during childhood and adolescence can have serious, long-term implications. Here are some preventive safety measures to help reduce and prevent the incidence of injury:

  • Use of proper equipment – safety gear should be the correct size and should fit well.
  • Sporting equipments should be properly maintained to ensure its effectiveness.
  • The child needs to be physically fit and should undergo the proper training.
  • The child should have adequate knowledge of the sport and its rules.
  • The child should get the proper rest before practices and games.
  • Adherence to warm-ups and cool downs. This will allow children to obtain good training habits at an early age.
  • Adequate adult supervision.
  • Good coaching is essential.

If your child sustained injuries from a sporting accident, you should contact an experienced lawyer to help you.

This article is for information purposes only and not intended as legal advice.

Additional Legal Web Tools: Personal Injury Lawyer Seth Bloom. Serving clients in New Orleans, Louisiana.

Feb
23
2010
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Back Injury at Work

Back pain resulting from work: Preventing back pain, aches and injuries

Suffering, as a result of back pain can make it difficult to perform your job. However, understanding the origins of back pain, related to the workplace, can assist one in avoiding this debilitating condition.

Whether a person’s back pain is merely a dull throb or a sharp agonizing pain that requires immediate attention, back pain can make it hard or nearly impossible to concentrate or function in one’s job. Many occupations are at particular risk for back pain – such as construction work, nursing or factory work. But even everyday office routines can contribute to worsening, chronic back pain – if one places themselves at risk by falling into bad habits. With an understanding of the causes of back pain, it becomes a more simple matter to prevent it.

What causes back pain/injuries?
The medical field is not completely sure regarding all of the causes of back pain. Actually, it’s thought that most back injuries are the result of a combination of issues. Some things cannot be avoided – such as a family history of back problems. However, some things are controllable, such as physical fitness, flexibility and weight. The only thing that may be required is a change in lifestyle. The real problems lay with work-related factors and some of these might be hard to identify and/or modify.

Four main work-related factors which are associated with an increased risk of back pain and injury:

  • Posture is related to the position that is assumed when you are standing, sitting or performing some task. For example, when sitting in front of the computer for extended periods of time can result in aches or pains. On the average, a person can sit in one position for 20 minutes before feeling the need to adjust their body.
  • Repetition refers to the number of times a certain action or movement is repeated. Awkward body positioning, stretching to one’s complete range of motion or just repeating a movement over and over can lead to fatigue and muscle injury.
  • Stress from pressures at home or work-related stress can tighten back muscles which may lead to back pain.
  • Force that is placed on back muscles by moving or lifting heavy objects can also lead to back injuries.

Please note that this article is for informational purposes only and is not intended as legal advice.

Back injuries can result from many causes and have long-term effects. If you’ve suffered a back injury on the job, you may want to contact personal injury lawyer Gary R. Jodat at his office in Sarasota, Florida.

Feb
23
2010
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Basic Rules on Overtime Pay

Many employees put in overtime hours on a regular basis, but surprisingly few of them actually understand how it works and the laws governing their pay. This article discusses major elements of overtime law that every employee should keep in mind.

What constitutes overtime?

First, it’s important to define overtime: how much work is too much? The FLSA defines overtime as work exceeding 40 hours a week, but the numbers can vary from state to state. Some use a daily overtime plan, where overtime starts after the 8th hour of the day even if the weekly total is under 40 hours.

Who pays overtime?

Most but not all employers in the United States are required to pay employees who work overtime. The first thing an employee has to know is whether his or her company is listed under the Fair Labor Standards Act (FLSA), the government body responsible for wage and hour laws. FLSA-covered companies have to pay overtime according to each state’s regulations. Businesses making at least $500,000 or more a year are generally covered by the FLSA. Smaller companies can still be covered if they perform interstate commerce; that is, if they conduct business (including phone calls and mail) between different states.

Who earns overtime?

Again, most but not all employees can get paid for extra hours worked. While the standards vary by state, the following are generally exempt from FLSA rules and are not entitled to overtime (unless the employer voluntarily pays):

  • Employees paid on a monthly salary basis (usually includes people in administrative and executive positions)
  • Outside sales people (those who regularly perform their work away from the business)
  • Independent contractors
  • Computer or IT specialists making at least $27.63 per hour
  • Seasonal employees, such as workers in county fairs or ski resorts
  • Employees of organizations that operate less than 7 months a year
  • Certain newspaper employees, including deliverers
  • Criminal investigators
  • Casual companionship providers (such as domestic babysitters)
  • Volunteers

How is overtime determined?

The FLSA states that people who work overtime are paid “time and a half,” or 50% more per hour than their regular hourly rate. Of course, this is just a general rule–overtime law takes in a number of other factors. In most cases, the premium from which the extra 50% is based may or may not include bonuses, shift differentials and commissions, depending on in-house rules.

This article is not intended as legal advice.

Click here for more information from the Shavitz Law Firm, P.A. Serving clients throughout Florida.

Feb
23
2010
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Construction Job Accidents

Construction jobs are one of the most dangerous fields in the world. The construction site is a high risk site wherein workers are fully exposed to hazardous work conditions. With all the heavy machinery and equipment and due to the nature of their trade, it is no surprise that construction accidents are very common and are often serious. Construction workers find themselves confronted by dangerous, unsafe work conditions sometimes on a daily basis.

Most Common Construction Job Accidents:

  • Scaffolding  and forklift accidents
  • Crane accidents- cranes are estimated to be involved in between 25 to 33% of all fatal construction accidents.
  • Slip and trip accidents- workers commonly slip or trip over discarded equipment or debris and suffer injury.
  • Falling from heights- Due to the nature of a construction site many workers are working at several stories high. Roofers particularly are at risk from falling from a great height.
  • Falls from ladders
  • Chemical leaks
  • Fires and explosions
  • Defective or dangerous equipment – general wear and tear of equipment and machinery.
  • Electrical accidents
  • Power tool accidents
  • Errors in judgment
  • Carelessness

How to prevent these accidents:

Prevention begins with adequate awareness. Construction accidents can easily be prevented if the general contractor and subcontractors apply rigid and enforceable safety practices at construction sites and by properly maintaining a safe and secure working environment. They should take the time and initiative to discuss and inform employees of the possible dangers that can be encountered. All employees must be aware of the rules and regulations for each job site and should wear the proper protective gear. In addition, all workers are required to be fully trained in the proper operation of machineries and equipments. All these can greatly reduce the construction accident injuries that can occur.

If you or a family member suffered from a construction accident that caused personal injury then you could be entitled to claim damages. Consult an experienced lawyer who can evaluate your case and give you legal advice.

This article is for informational purposes only and not intended as legal advice.

Additional Legal Site: Kelley and Uustal Law Firm. Serving clients in the State of Florida.

Feb
21
2010
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Health Risks from Toxic Mold

Many people think of health risks as being significant, large scale problems that they must deal with face to face. However, there can be silent, yet deadly little things that float around in the air and in your home without you knowing. Toxic mold is just such a thing and, especially if you rent or are planning on buying a new home, you should learn how to look for toxic mold and what health risks it can pose.

What is Toxic Mold?
Toxic mold is a form of fungus found in nature. Most other forms of mold are perfectly non-harmful. Others are incredibly poisonous and can cause a wide array of illnesses if breathed in too much. Black molds can even cause death in people with allergies and small children. Black mold is generally found on foam board insulation where there is no air circulation to let the wall breathe. It can also grow in damp places or on materials like carpet, wood, cardboard, leaves, wallpaper, or straw – anything that contains a decent amount of cellulose – a material that the mold feeds off of.

How to Handle Mold
Mold can be a part of your home already, or grow as a result of the insulation or building materials used for construction. If you notice that there is such mold, or just suspect it is possible, your home owner’s insurance will generally cover inspection and repair of the problem. If they do not cover the cost, you can bring a lawsuit against them to compel payment anytime within the statute of limitations – usually 1-3 years in most states.

For those that live in rentals or who bought a home without knowing about the mold, you may be able to bring suit against anyone that was aware of the mold or was negligent in dealing with the conditions that created it. You will need to prove negligence to the degree that they knew or should have known that the mold would form, and still let you live in the home.

Ultimately, toxic mold is a very dangerous and potentially deadly problem that can appear in any home. If you suspect it is a problem in yours, you need to act as quickly as possible to solve the problem.

This article is not intended as legal advice. Please contact a lawyer for further information.

Learn more: Visit Weinstein Law Firm for Fort Lauderdale, Florida legal assistance.

Feb
21
2010
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Gentle And Imposing: The IRS Collection Process

The Internal Revenue Service (IRS) strictly expects all taxpayers to file their taxes honestly and pay them on time. If a taxpayer’s records show that he or she has not paid, the IRS sends that taxpayer a bill and the collection process the IRS is notorious for begins.

The IRS’ “Gentler” Options
When collection begins, the IRS offers the taxpayer options on payment. The meekest enforcement of options is extending the time within which the taxpayer has to pay the taxes owed. The Service may recognize the inability of some taxpayers to pay. Those eligible for extension will have up to 120 days to pay the debt owed. If they are unable to pay on time, taxpayers should request this option.

An Offer in Compromise (OIC) enables taxpayers to settle their bill for less than what they owe. The criteria for acceptance of an offer are strict and relatively few offers are accepted every year. As well, the IRS has the prerogative to suspend or delay collection until the taxpayer’s financial conditions improve. However, interest and late payment penalties will accrue.

A final, similarly gentle option that “unable” taxpayers can avail is a monthly installment agreement. Payment arrangements such as direct debit from the taxpayer’s bank account or payroll deduction from monthly wages are possible.

Enforced Collection Actions
However, there are still taxpayers who are unable to qualify for the above options. From here on, the options become bleaker. The IRS collection actions tighten around a taxpayer’s property with a Notice of Federal Tax Lien, which files a claim against any property.

Another similarly compelling collection action is the serving of a Notice of Levy, allowing the IRS to confiscate and sell property to satisfy a tax debt, including cars, boats, real estate, and even assets such as wages, bank accounts, social security benefits, and retirement income.  In addition, the IRS can also take future federal tax refunds that are due to the taxpayer to offset the amount owed.

However, the IRS takes care to inform taxpayers of their rights. Along with the bill or notice, Publication 1 (Taxpayers’ Rights) and Publication 594 (Understanding the Collection Process) are sent.  Every taxpayer should know and have their rights respected and as well should receive fair, professional, and courteous treatment from IRS employees.

This article is intended solely to offer general information on the subject. None of the content should be considered as legal advice.

Learn more about the IRS Collection Process. The Thorn Law Group confidently handles and resolves any tax disputes for the Washington, D.C. area.

Feb
21
2010
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Aviation Safety Statistics

Aviation safety had advanced considerably since its origin, over one hundred years ago. In recent years, heavy passenger aircraft, for civilian use, is still being designed and produced by 2 major manufactures: Airbus (European) and Boeing (United States). Both of these companies have placed a heavy emphasis on safety equipment – which is a billion dollar industry in and of itself. As such, air safety is a major selling point for these companies. All of this makes sense, since a poor safety record would be disastrous to the survival of the corporation.

Aviation Safety Features
Several standard safety features have been incorporated into modern aircraft, such as evacuation slides (for swift passenger exit, in an emergency), features that will prevent engine failure and landing gear that is designed to be lowered, even after loss of power. Modern aircraft design also includes advanced computerized avionics with multiple alert and recovery systems.

Aviation Fatality Statistics
Statistically, air travel is the safest form of transportation, when measured in calculations that take into account the number of passengers and the number of miles traveled. This equates to air travel being approximately six times safer than travel by automobile and two times as safe as travel by rail. It should be noted, though, that when measuring the number of fatalities against the number of passengers transported, buses provide the safest form of transportation. These statistics are the ones that are used by insurance companies when they calculate the insurance rates for travel by air.

When calculated for fatality rates, for every 1 billion kilometers traveled, rail travel has 12 times the fatality of air travel. Travel by automobile has a statistical fatality rate which is 62 times that of air travel. Once again, though, buses have proven the safest form of travel when measured by the number of fatalities in relation to 1 billion kilometers traveled. Conversely, when considering journeys, as opposed to kilometers traveled, the numbers are quite different. For every billion journeys traveled, air transportation is 3 times more dangerous than auto travel and almost 30 times as dangerous than travel by bus.

Please note that this article is for informational purposes only and is not intended as legal advice.

For more information, (click here) to contact Attorney Chris Searcy serving West Palm Beach, Florida.

Feb
21
2010
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Damage Suffered After a Car Accident

A car accident might seem innocent enough at first glance. You might have simply bumped another car, or vice versa, and while you got pretty shaken up, you may feel perfectly fine after the impact. However, that does not mean you were not injured. A car accident is such an unnatural action, putting strange pressures on your body and resulting in long term damage that you may not notice for hours, days, or even weeks.

Injuries from a Car Accident
Common injuries suffered in a car accident include everything from concussions to whiplash to neurological damage or broken bones. The most obvious injuries you will face are those that occur immediately and that cause great pain. Broken bones, lacerations, and bruises are all very obvious and painful injuries. They are also the easiest to treat as they can be seen and you can feel them.

It is the internal injuries that pose the greatest risk. From internal bleeding to a traumatic brain injury, your body does not always provide the necessary warning signs when an injury occurs. After a short bout of dizziness, your head may feel fine, but swelling and blood flow problems can occur following a head injury. Until it is nearly too late, you will feel perfectly fine – then long term damage or even death can occur.

Other injuries that you should look out for following a car accident include back and neck injuries. These are serious because they are what protect your nervous system. Having a back injury will not only decrease movement and even cause possible spinal injuries – which can result in paralysis or loss of sensation – but can cause years of pain and suffering.

Avoiding Long Term Injury
The easiest way to avoid long term injury after a car accident is to see a doctor immediately following a car accident. Even if it is only a fender bender at 30 miles per hour, your body can take a great deal of punishment in a collision, resulting in any number of injuries. By seeing a doctor and ruling out as many possible problems as you can, you will be able to ensure you not only recover, but that you never need to worry about a phantom injury coming back to harm you.

This article is not meant to be used as medical or legal advice.

Your auto accident injuries may only just be showing. Learn how to cover the cost of medical bills and beyond before it gets any worse. Ken Allen Law in Chicago, Illinois can help.

Feb
21
2010
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Disability Benefits: Employment

Persons with disabilities are an excellent source of skilled, creative and professional employees. They represent an untapped pool of workers which if given the chance could provide invaluable contributions to the workplace. Government policies ensure that people with disabilities are awarded equal opportunity in terms of job application, hiring, workplace accommodations and training. Provisions found in the American Disability Act (ADA) and the Equal Opportunity Employment Commission (EOCC) safeguards the right to equal employment for disabled persons.

Reasonable Accommodation
Under the guidelines provided in the ADA, persons with disabilities should be provided with reasonable accommodation by a company’s staffing firm and employers. The ADA states that qualified disabled individuals are accorded equal opportunities in terms of landing a job. It also requires that facilities be modified to give disabled employees access to them. They should also provide special equipment or hire qualified personnel to assist them in their day to day work activities.

Customized Employment and Flexible Work Arrangements
Numerous programs have been designed to provide persons with disabilities the chance of searching for jobs which they can qualify for. These departments also work with employment agencies and companies in developing policies that help ease the transition of disabled individuals into the workplace.

Personal Assistance Services
Disabled individuals or people with impairments thru training are becoming more independent. However, certain limitations require them to have special support services in order to realize their full potential and abilities. Skilled personnel have been provided to support them with rehabilitative and special skill trainings. Living programs and skill training has enabled people with disabilities the power to become more independent and productive members of society.

Accommodations for Specific Disabilities
People with disabilities or impairments have special concerns that need to be addressed before they can be employed. Although these individuals possess the necessary skills and education needed for the job, their disabilities may hinder them from performing their jobs effectively. Blind people may need special materials to have access to information.

Visit this link at Public Attorney Mike Murburg with offices at Tampa Bay, Florida

Feb
21
2010
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Cocaine Use

Towards the end of 1890’s the risks involved with cocaine use (as related to addiction) had become apparent. The issue of abuse became more prominent in U.S. public attention with a focus on its moral aspect. Racial and other social issues became linked with the concept of cocaine (and other drug) addiction.

The American Journal of Pharmacy
The American Journal of Pharmacy (1903) stated the belief that cocaine addicts consisted mainly of prostitutes, gamblers, pimps, night porters, criminals, casual laborers and “bohemians”. In 1903, a member of a prominent State Pharmacy Board insinuated that the problem of cocaine addiction was primarily related to race. The focus shifted mainly to African Americans, in the southern portion of the United States, when it came to naming the primary abusers.

Harrison Narcotics Act
Shortly, thereafter, The Harrison Narcotics Act made the distribution and sale of cocaine illegal. The law actually named cocaine a narcotic – which is an error, since cocaine is classified as a stimulant and not a narcotic. Interestingly enough, the use and sale of cocaine was still legal for registered individuals and companies. Cocaine was not classified as a controlled substance until 1970, when it was included in the Controlled Substances Act. Up until that point, cocaine was openly used and only rarely were criminal charges pressed.

A Growing Problem
One the problems with cocaine addiction is that as the volumes increase – the usage is primarily aimed at alleviating fatigue, as opposed to creating a state of euphoria. There is also the risk of bodily damage resulting from substances used in cutting the pure cocaine for street sale. These substances can include Novocain (procaine), ephedrine or other stimulants that will increase heart rate.

Cocaine possession and sale carries serious legal penalties, so exaggeration regarding the drug’s purity (in street sales) is quite common. According to a study by the European Monitoring Centre for Drugs and Drug Addiction (2007) the purity levels of street cocaine were sometimes under 5% and under 50% pure on the average. With the advent of crack cocaine use, smaller quantities of pure cocaine are needed to produce a marketable product.

Please note that this article is for informational purposes only and is not intended as legal advice.

For more information, click here to contact Attorney Michael Lowe serving Dallas, Texas.

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