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Useful and Helpful Information about Construction Site, Employers’ Legal Responsibilities, Employees’ Rights and Rights of Those Injured in Accidents

Being struck by falling objects or other debris is always a risk inside and around construction sites. Besides the workers themselves, visitors to the site and even pedestrians are also open to the risk of being hit by objects falling from above, accidents that can result to traumatic brain injury, paralysis or even death. The most common types of falling objects that can cause serious injury are handheld tools, loose building materials, movable concrete and improperly secured loads from cranes or mechanical lifts.

Occupational Safety and Health Administration (OSHA) records show that in 2012, 78 construction workers were killed after being struck by falling objects or debris. Due to the dangers workers and many other individuals are exposed to, OSHA makes it the legal responsibility of construction companies and construction site owners to make sure that work environments are always kept safe. Accidents due to failure to keep construction sites safe can be blamed on construction companies, site owners, workers and subcontractors, for negligence in their legal duties and responsibility. These acts of negligence that can result to accident-causing injuries include:

  • Lack of signage that will warn people about work going on overhead;
  • Lack of barricades to limit access to construction sites;
  • Tools or materials accidentally dropped by workers on scaffoldings and platforms;
  • Failure to wear or lack of personal protective gear, such as hard hats, face shields, and safety googles;
  • Failure to make regular maintenance checks and properly inspect construction equipment before use;
  • Failure of workers to secure hand held tools and other materials properly;
  • Failure of employers to properly train workers on safety measures and on the proper use of construction equipment and machinery;
  • Failure of employers to provide workers with safety gears;
  • Lack of safety devices, such as debris nets, shore and brace structures, catch platforms, tool guards, and toe boards; and,
  • Failure to properly secure loads that are being lifted, resulting to objects getting dislodged.

“There are many traumatic injuries that can occur on construction sites. These injuries frequently require emergency medical services because of the dangerous equipment on these sites. Unsurprisingly, construction workers face the most risk of construction site injuries. They must rely on their employers to provide the safest work environment possible and proper safety training for their jobs. Unfortunately, many employers fail to take adequate safety measures in order to cut costs and many construction workers suffer injuries as a result.

Construction sites represent some of the most dangerous workplaces in America due to their heavy machinery and numerous tools. However, not only construction workers suffer from construction site accidents. Many citizens are consistently at risk of construction site accidents because construction surrounds so many places in our changing world. When these accidents are caused by a person’s negligence and injure an innocent victim, the victim should receive compensation for their suffering.”

Besides the quoted paragraphs above, more about construction site, employers’ legal responsibilities, employees’ rights and rights of those injured in accidents are available to all those needing helpful information. You or anyone you know to whom these information may be very useful and helpful may visit (this) website.

Acts of Abuse or Neglect in Nursing Homes can be a Federal Offense

When people who, upon reaching a certain age or fall into a physical or mental condition, begin to necessitate regular extra care, families that cannot provide full time care end up making the painful decision of sending their loved ones to a nursing home, a facility where they can expect that the quality of care and/or medical attention their loved one needs will be provided.

Widespread news of nursing home abuse, however, have resulted to families doubting and questioning the qualification, capability and sincerity of nursing homes in providing the high standard of care they claim and promise to provide. Doubt grew all the more after release of a study conducted by researchers from the House Government Reform Committee’s Special Investigations Division. The study revealed that around 9,000 instances of abuse in more than 5,200 nursing home facilities were committed within a period of two years: from January 1999 to January 2001. These abusive acts caused many nursing home residents to experience and suffer injurious accidents, dehydration, malnutrition and bedsores. To make situations worse, many, despite their sufferings, received inadequate or no medical care at all, besides being made to bear inadequately sanitized surroundings.

Physical abuse, which is committed through maltreatment or neglect that results to physical pain, injury or impairment, is just one of the types of abuses suffered by residents. This may be committed by nursing home caregivers, visiting family members or other residents.

Acts of abuse and neglect are widespread in nursing homes where there is insufficient number of staff, especially nursing aides, because this often results to overworked, tired, stressed and frustrated employees (some aides hired are also only interested in the take home pay, never on the condition of residents). Not enough number of overworked and stressed staff and staff who care only about their salary – add to this lack of, or not being given, training at all and the sure results are abuse and neglect of nursing home residents.

Any act of cruelty and any form of maltreatment against aged, ill and defenseless individuals, especially in nursing homes in any part of the U.S. can be a federal offense as this would be a violation of the Nursing Home Reform Act which mandates nursing home facilities that receive payment from Medicare and Medicaid, to:

  • Provide services and activities that will help attain or maintain the highest possible physical, mental, and psychosocial well-being of every resident in accordance with a written plan of care; and,
  • Ensure that residents are free from corporal punishment, involuntary seclusion and all forms of abuses, including, but not limited to, verbal, physical, mental abuse, and sexual abuse.

Nursing home abuse in Chicago, particularly, still happens even under unlikely circumstances, according to Chicago nursing home abuse attorneys. Family members, as well as nursing home employees who do not want and who should never tolerate these acts of abuse and neglect should never hesitate informing authorities of the cruel acts or possible cruel acts committed against threatened residents.

Alcohol Impairment, the Cause of One-third of All Fatal Road Crashes

Records from the Centers for Disease Control and Prevention (CDC) show that in 2012, more than 29 million people admitted that they were, at various times, alcohol-impaired while they drove their vehicle. In 2013, an estimated 1.2 million drivers were arrested and charged with driving under the influence or DUI, a serious traffic violation whether it be a felony DUI or a misdemeanor DUI.

According to the National Highway Safety Traffic Administration (NHTSA), about five million motor vehicle accidents occur every year. More than two million of these accidents result to injuries, while about 10,000 are fatal. In 2013 and 2014 particularly, the numbers of deaths were 10,076 and 9,967, respectively.

The CDC also states that 31% (almost one-third) of all fatal motor vehicle accidents in the US involve an alcohol-impaired driver. To some drivers, alcohol-impairment occurs even after consuming two regular bottles of beer, which will result to a 0.02% blood alcohol concentration or (BAC) level. The probable effects of a 0.02% BAC on a driver can include decline in visual functions and decline in ability to perform two tasks simultaneously. At 0.05% BAC level, probable effects may include reduced coordination, reduced ability to respond to emergency driving situations, and impaired judgment and lowered alertness, while at 0.08% BAC level, which is the limit determined for drivers of passenger vehicles (cars, SUVs, pick-ups), a driver’s muscle coordination becomes poor, his or her judgment, self-control, reasoning, and memory become impaired, and it becomes harder for him or her to detect danger.

Time and again, it has been proven that alcohol weakens an individual’s motor skills and mental capacity, rendering him or her less able to control his or her vehicle. This lesser ability means higher risk of accident which may injure or kill someone else – the basic reason why drunk driving is considered a major traffic offense. But what is really maddening about drunk driving, especially those that lead to accidents, is that these are totally preventable occurrences. What is wrong with drinking but not driving afterwards, or drinking at home instead (so one does not have to worry about driving home impaired)?

According to the Williams Kherkher law firm, the severity of the injuries sustained by victims in drunk-driving accidents usually leave them with costly medical bills and other expenses, and long-term disability that necessitate changes in their personal and family lives. Besides these, severe injuries also render victims incapable of reporting for work, resulting to lost wages which, in turn, can result to financial difficulties.

Victims have the legal right to pursue justice and compensation from those at fault (in the accident).

Game Hunting with Silencers

There are so many reasons as to why you have to have gun suppressors. There are many ways of acquiring one, and there are even those that already come with them, such as the many products of Suppressed Weapon Systems. Integral suppressors may be more costly than the quick-detachable and thread-on gun suppressors, but they are the most effective in the field because they are part of the gun itself and greatly reduce the visible flash and audible sound given by the gunfire. Aside from the obvious benefits that gun suppressors provide, there are many others that should convince you that getting one is worth the price and investment of your money.

Gun suppressors, or silencers, help increase the accuracy of a shot. Many people, even gun owners and practiced game hunters, tend to flinch before or during the shot because of their anticipation of the recoil and loud sound, as well as the flash that result after pulling the trigger. Silencers help in easing the noise and flash, therefore help in the overall precision of the shot. Likewise, they also protect the shooter’s ears from loud noises that come with gunfire. In events where the gunshot is done in close quarters, the noise may be so loud that it can result in severe hearing loss and even instant disorientation. This can be dangerous, particularly when you are in the process of defending your home.

Integral suppressors are a good choice for hunters. Listening plays a vital role in hunting game – big or small – so hunters often avoid using hearing protection when they are out to hunt. With the benefits of gun suppressors, hunters can perform more accurate shots, prevent startling other animals in the area, and protect their hearing altogether. Furthermore, gun suppressors help in reducing the muzzle rise of a gun, therefore resulting in faster follow-up shots that will quickly take down a game.

Because using a firearm means using all your available senses, silencers will help in further heightening operation effectiveness and communication. This will greatly result in the success of your shooting or hunting experience. Despite the strict regulation and qualifications for silencers, they are legal to own. Ask whether it is permitted for possession and use in your state.

Sexual Assault: Can an Accused Innocent Person be Saved from Conviction?

In 1996, the US Congress passed Megan’s Law in response to the sexual crime committed against Megan Kanka, a seven-year-old girl, who was raped and killed by neighbor Jesse Timmendequas in 1994. Megan’s Law is a federal mandate that requires law enforcement agencies to make available to the public any relevant information (such as name, photo, residential address, nature of crime and incarceration date) about sex offenders visiting, living and working in their communities; information may be posted in free public websites or published in newspapers and pamphlets.

Sexual offenders, especially those whose victims are children, are legally required to notify local law enforcement authorities (for up to 10 years or permanently) regarding changes in their address or employment after their release from custody. In many states, failure to make this notification is considered a felony.

There are many other federal laws in the US which are direct responses to the sex crimes committed against children, like the Adam Walsh Child Protection and Safety Act of 2006, the Violent Crime Control and Law Enforcement Act of 1994, and the Sexual Offender (Jacob Wetterling) Act of 1994 (this is how Megan’s Law is known at the federal level).

Sex crimes are very serious offenses, especially if these are committed against children. A conviction not only means very harsh punishments but a ruined future too since this can affect a convicted person’s career and community life.

The most common reported types of sex-related crimes are statutory rape (which refers to an adult engaging in sex with a minor who is under the age of consent), child molestation or indecency with a child, aggravated sexual assault, internet sex crime, sexual assault of a child, solicitation, and possession and distribution of child pornography.

According to the National Sex Offender Public Website (NSOPW), in 2012, the Bureau of Justice Statistics’ National Criminal Victimization Survey was able to register 346,830 cases of rape or sexual assault on persons aged 12 or older.

Many victims of sexual assault, however, do not immediately report the crime committed against them. In the case of children, many either fear a negative reaction from their parents or are afraid of threats made by abusers, who are usually known to them, like babysitters, neighbors, family friends or child care providers; male victims also usually never report being abused.

It is clear that the US justice system is bent on punishing sex offenders harshly due to the very damaging offense that they commit against individuals who fail to defend themselves well. However, while many of those who get convicted are really guilty, many are also accused and made to suffer despite being innocent of the said crime.

View more about criminal defense rules.

Drug Addiction in the Medical Profession

Drug addiction is a prevalent problem in America. In a report published by the Substance Abuse and Mental Health Services Administration, data shows that an estimated 6.9 million individuals aged 12 years or older were either depend or abusing illicit drugs during the year 2013. This number becomes even more alarming knowing that individuals with drug addiction are often putting themselves and others at risk. This is particularly true for instances of drug abuse in the medical profession.

In book called Addicted Healers: 5 Key Signs Your Healthcare Professional May be Drug Impaired, New York anesthesiologist Dr. Ethan Byron tackles the on-going drug problem in the medical profession. While it isn’t often discussed in mainstream media, Byron makes a point to emphasize that drug addiction is widespread issue among doctors, nurses, and other health care personnel. As he notes in the preface of his book, which was published in 2012, “rates of illicit drug use by health care professionals within the past year ranged from 8% to 20%, depending on the type of personnel within the health care industry.” He adds: “At any given time, roughly 3% to 5% of this population is using illicit drugs while they are caring for patients.” The Drug Enforcement Administration (DEA) of the U.S. Department of Justice corroborates this alarming information. In the DEA website, there are dozens of published cases against doctors who have been involved in drug-related infractions.

Medical professionals often become addicted to prescription drugs like fenatyl, a more potent version of the pain control drug morphine. In the cases he analyzed for his book, Byron describes how doctors can easily gain access to these controlled substances. Most of the time, the doctors will steal the drugs they’ve prescribed for their own patients. This relates to one of the most telling signs that a medical professional is abusing drugs. According to the DEA, co-workers can spot medical professionals that might be drug impaired if they see the following patterns in their behavior with regards to handling drugs while on the job: prescribing inappropriately large doses for narcotics, insisting on administering doses themselves, or repeating report heavy drugs wastage could be drug impaired.

As with any type of drug abuse, addiction to prescription substances has devastating and long-term consequences. This is especially true for medical professionals who are supposed to be responsible for the lives and well-being of dozens of patients every day. Majority of these drugs are highly addictive, and those dependent on such substances can experience severe withdrawal symptoms that have profound physical and cognitive effects.

It’s easy to imagine why a drug-dependent doctor is so alarming. Medical professional dependent with severe drug dependence can commit a lot of oversights and mistakes while dealing with patients, leading to a high risk of medical malpractice. As West Palm Beach personal injury attorneys may emphasize, such errors can cause life-altering and even fatal results for patients.

Anyone wary of this issue can try to observe for these additional physical and behavioral indicators of drug addiction in medical professionals: deterioration in personal hygiene and grooming, frequently absent or tardy, unpredictable behavior towards staff and patients, increased complaints from other patients, often unavailable while on call, often injured or in multiple accidents, and unexplained inconsistencies in professional history.

Choosing Exemptions in Texas Bankruptcy

Filing for personal bankruptcy (under Chapter 7 or Chapter 13) in Texas will typically qualify you to keep some property (Chapter 7) or negotiate more favorable terms for unsecured debt (Chapter 13) under the exemption laws. As discussed by on the website of Erin B. Shank, P.C., Waco TX bankruptcy attorney, there are many complex issues in bankruptcy that need to be addressed, such as exemptions.

There are two sets of laws that may be followed to determine what part of your estate (comprised of all your assets and some future funds such as a tax refund) is eligible: federal and state. In Texas, you can choose to follow one or the other but not both; other states require filers to follow state exemptions. However, some federal exemptions will always preempt state laws, such as double exemptions for married couples.

It is important to weigh your situation carefully before choosing which exemption laws to follow. There are certain exemptions that may not be available under state exemption laws that may be available under federal nonbankruptcy exemptions. Nonbankrutpcy exemptions are typically available in states which require filers to follow state bankruptcy laws, but may also be applicable to certain bankruptcy filers in Texas. Ask your bankruptcy lawyer about these additional exemptions to find out if you are eligible.

Overall, Texas bankruptcy laws are favorable to the debtor, at least when it comes to exemptions. State law places no value limit to a homestead (primary residence) exemption as long as it is less than 10 acres in a town, village, or city and less than 100 acres in the country (200 acres for a family). You are allowed to sell your house but the proceeds remain exempt from inclusion under a trustee’s management up to 6 months after the sale.

The law also exempts one vehicle per license-holding household member and any unlicensed household member that relies on others to drive it. Personal property (not real estate) up to a total value $30,000 for single adults is exempt including but not limited to a maximum of two firearms, athletic and sports equipment, clothing and food, health savings accounts, family heirlooms, and jewelry (which cannot exceed 25% of the total exemption).

Some Facts about Divorce Court

Most people involved in divorce law would agree that the longer and more frequent your visits to divorce court, the longer and more expensive your divorce will be. Mediation and collaborative divorce are touted as better alternatives to divorce court save for some specific exceptions. Of course, the divorce will still have to go through a judge for approval of the final divorce agreement, but in the journey from the filing to the resolution can be a rocky one even with the help of competent divorce lawyers, as an article on the Marshall & Taylor PLLC website concedes.

When a couple decides to divorce, the first thing they have to do is to come to an agreement about what that would entail. For people who have been married for only a short time, have no children, and acquired no property, the divorce agreement can be very simple. Barring that, it would require extensive consultations and negotiations between the spouses with their lawyers to come up with an agreement that is equitable and legal, and even then a final settlement may not be forthcoming. In such cases, pre-trial motions may have to be held to resolve the conflicts. This can involve:

  • Child custody
  • Property division
  • Protection orders
  • Enforcement
  • Financial Support

If and when these issues are resolved, the process can then move to the trial phase in which, barring other complications, the judge will approve the divorce decree. This can take all of 10 minutes if everything is resolved before the trial; it not, it can drag on for weeks, even months.

It is in your best interest to resolve any issues you and your spouse may have when filing for divorce because this can save you a lot of time, effort, and money. However, it is advisable to retain the services of an experienced divorce lawyer in your area throughout the process to ensure that the settlement is not only reasonably fair but legally enforceable, and that your rights are protected when going through pretrial motions and the actual trial.

It could have been a Crane

A construction worker minding his own business working 300 feet underground on the Second Avenue site was seriously injured when a concrete-cleaning machine fell off and struck him on the left leg. It was a bizarre accident that earned him a painful trip down to East 83rd Street for evacuation by New York firefighters and a hospital stay. But it could have been much worse. It could have been a crane.

Construction equipment is often heavy and unwieldy, requiring operation by adequately trained workers and regular maintenance to ensure safe use. A New York construction accident attorney knows that when a line wears out of a rusty bolt works loose, all kinds of accidents can happen often involving serious injury or even death to the operator and other workers.

New York has been the site of many malfunctioning equipment accidents, most notably crane accidents. The latest was the crane collapse in Long Island City Queens on January 9, 2013, injuring 7 people who were working below. But the worst one on record was the one that occurred in New York City on March 15, 2008 on the construction site of what was to be the Halcyon Condos on 303 East 51st Street. The luffing-jib tower crane snapped and fell, killing 7 people and injuring 24 others. The project site and contractors had previously been cited for safety issues. Investigations into the accident indicate that it may have been due to the use of a $50 nylon rope to lift a steel beam weighing 6 tons, which understandably snapped. The crane inspector had made up crane inspection reports and received 5 years probation, while the crane operator’s license was suspended.

Such accidents are clearly the result of the failure of contractors to ensure that their equipment is safe to operate which makes it negligence. If you are seriously injured on a construction site because of equipment failure or inadequate operator training, you should sue the responsible parties for compensation. Find out how by consulting with a construction accident lawyer.

What to Look for in a Ruby

Rubies are brilliant and beautiful gemstones who have been valued highly by humans for centuries. The ruby has been used to adorn everything from kings’ crowns to the foundations of buildings (for good luck).

Rubies are a crystalline formation of specific aluminum, oxygen, and chromium ions. Together, these chemicals have properties that give the ruby its reddish color. Rubies with bolder reds are more rare, and therefore more valuable, but they can also form in many shades of red, all the way down to pink. There is some controversy about where the cutoff point between rubies and other pink gemstones is, but the red ones are almost always rubies and most people won’t argue against that.

Most rubies come from southeast Asia, specifically Myanmar. After being extracted from the earth, many undergo treatments to improve their luster and make them generally more appealing. The most common treatment for rubies is a heat treatment in which they are placed in a very hot environment (2,400+ F). See the photo of untreated rubies below.

untreated-rubies (transparency)

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