Asbestos Injuries Carpal Tunnel Injuries Catastrophic Injuries Construction Accidents Medical Malpractice Motor Vehicle Accidents Nursing Home Abuse Premises Liability Unsafe & Defective Products Railroad Accidents/FELA		ASBESTOS INJURIES Asbestos-related diseases have claimed the health and lives of thousands of Americans. People at risk for asbestos exposure include shipyard workers, construction workers, and employees in certain manufacturing industries such as insulation, friction products, and textiles. Products containing asbestos include pipe covering, brake linings, clutches, ceiling tile, floor tile, roof shingles, siding, corrugated sheets, block, cement, packing, gaskets, fire brick, furnace cement, tape, blankets, wire, cable, and heater cord. The latency period for asbestos-related diseases can be very long, ranging from 10 to 40 years. What this means is that a person may not develop asbestos-related injuries until years or decades after his exposure. Exposure to asbestos can cause two different types of injuries: malignant diseases, including cancers; and non-malignant scarring in the respiratory tract. Malignant diseases include pleural mesothelioma, a cancer of the lining of the lung, and peritoneal mesothelioma, a cancer of the lining of the abdomen. Mesothelioma, which can develop from very low levels of exposure to asbestos, is almost invariably fatal. Other Asbestos-related cancers include lung cancer and cancer of the esophagus, larynx, stomach, colon, and rectum. Non-malignant asbestos diseases include pulmonary asbestosis, which is scarring of the lung, and pleural thickening, which is scarring of the lining of the lung. Pulmonary asbestosis is not curable. Although some people may experience no symptoms, pulmonary asbestosis generally gets worse over time until a person suffers shortness of breath, fatigue, and dry cough. In the end-stage, a person with pulmonary asbestosis may require supplemental oxygen to stay alive, and may develop heart problems. Pleural thickening, another non-malignant asbestos disease, causes scarring of the lining of the lung. Pleural thickening, the most common asbestos disease, can be localized to small areas (pleural plaques) or can be diffuse. Pleural plaques are not typically symptomatic, but diffuse pleural thickening can cause shortness of breath. It is generally recommended that anyone with occupational exposure to asbestos be examined every 18 to 24 months by a radiologist certified as a "B" reader by the National Institute of Safety and Health. If you believe you may have an asbestos-related disease, click here for our detailed contact information and a free consultation. ∧ Back to top ∧ CARPAL TUNNEL INJURIES Carpal Tunnel Syndrome (CTS) is a painful condition caused by the compression of the median nerve within the carpal tunnel of the wrist. CTS can be caused traumatically by a fall, but is usually associated with "micro-traumas," repetitive-stress activities such as typing at a non-ergonomic workstation or working on an assembly line. CTS can also affect railroad trainmen, a job involving the repetitive throwing of switches and handbrakes and climbing ladders. People with CTS often require surgery to cut the Transverse Carpal Ligament of the wrist. The lawyers at MyersLafferty have successfully represented employees who have suffered CTS and other repetitive stress injuries at work. If you have been diagnosed with carpal tunnel injuries you believe may have been caused at work, click here for our detailed contact information and a free consultation. ∧ Back to top ∧ CATASTROPHIC INJURIES Catastrophic injury cases involve so-called "life-ruining" injuries requiring lifelong and intensive medical care. Injuries to newborn babies as a result of malpractice and accidents resulting in paralyzing injuries are included among these most horrific scenarios. In these cases, it is essential that the client and his care-taking family receive sufficient financial recovery through trial or settlement to ensure that the injured victim's medical needs and living expenses are met for the rest of the client's life. If you or a loved one have suffered catastrophic injuries as a result of medical malpractice or an accident, click here for our detailed contact information and a free consultation. ∧ Back to top ∧ CONSTRUCTION ACCIDENTS Construction sites are among the most dangerous workplaces in America. Each year, nearly a thousand construction workers are killed and five hundred thousand are injured in falls, electrocution, crane accidents, scaffold accidents, welding, cutting and brazing accidents, and accidents caused by dangerous machinery. When a construction employee is injured, he can usually receive wage and medical benefits through workers' compensation. And when the injury is caused as a result of defective machinery, or by the negligence of the architects, project owners, other contractors, or their employees, the construction worker can bring a civil lawsuit for damages that can far exceed what is available through workers' compensation. If you or a loved one have been injured in a construction accident, click here for our detailed contact information and a free consultation. ∧ Back to top ∧ MEDICAL MALPRACTICE Medical malpractice is one of the most serious health risks facing our country today. In 1995, the ranking member of the House Judiciary Committee reported that medical malpractice injures 1.3 million hospitalized Americans annually and kills 100,000 people each year, making medical mistakes the third leading cause of preventable deaths, behind only cigarette smoking and alcohol abuse. Sadly, the response from the medical community and its insurers has been to launch a massive campaign complaining against malpractice lawsuits and seeking to impose limits on the amounts juries can award to the families of patients killed or catastrophically injured by medical error. Medical malpractice takes many forms, including: Timeliness of Treatment A physician can be guilty of medical negligence when he fails to address a condition in a timely fashion. For example, a physician attending to a pregnant woman may allow labor to continue too long before performing a cesarean section, resulting in oxygen deprivation to the newborn. Diagnostic Failures Medical care providers sometimes fail to diagnose a condition in a patient. They may examine the patient and give the patient a clean bill of health and send the patient on his or her way. Sometimes, a physician will misdiagnose the illness by failing to order the proper diagnostic tests. When physician fails to make a proper diagnosis, an otherwise treatable illness can progress to the point of being incurable. Failure to Make a Proper Referral When a doctor is visited by a patient with a condition which is outside the physician's specialty, the physician may have an obligation to refer the patient to a specialist for further testing and treatment. A physician's failure to make such a referral can waste precious time, and can constitute malpractice. Improper Medication Physicians sometimes fail to prescribe the proper medication, and pharmacists sometimes fill a prescription with a medication other than that prescribed. Surgical Devices and Tools A surgeon commits medical malpractice when he or she inserts the wrong surgical device to fix an injury. Some orthopedic plates, for example, are designed to address fractures of certain bones, but when the improper plate is used, the plates can break or fail to perform their function. Surgeons also commit malpractice when they leave surgical tools such as clamps or sponges inside the patient. If you believe you or a loved one may have been injured through medical malpractice, you can have the case reviewed by an independent physician hired by your attorney. MyersLafferty has access to a large group of experienced and honest physicians who aren't afraid to review another doctor's or hospital's medical care and to tell the truth in court if they find malpractice. Medical malpractice cases are complex and hard-fought. It is important that injured patients secure legal representation by experienced trial attorneys with the know-how, will, and resources to investigate the case thoroughly, marshal the evidence needed to prove that the physician breached the standard of care, and see the fight through to the courtroom and verdict. MyersLafferty is committed to prosecuting medical error that injures our clients and we fight hard to hold health care providers accountable for their mistakes. If you believe you or a loved one have been injured due to medical negligence, click here for our detailed contact information and a free consultation. ∧ Back to top ∧ MOTOR VEHICLE ACCIDENTS Every year, tens of thousands of Americans die in motor vehicle accidents caused by other drivers who speed, tailgate, run stop signs and red lights, fall asleep, drive drunk, or tamper with their cell phones or radios while driving. National Highway Traffic Safety Administration statistics show that in 2001 alone, more than 41,000 Americans were killed and 3,000,000 more were injured in motor vehicle accidents. In the event that you are involved in an automobile accident, it is imperative that you have adequate insurance. Most people know how important it is to have "liability" coverage, which is the insurance that covers injuries caused to another driver by you. What many people don't understand that it is just as important to have sufficient "Uninsured Motorist" and "Underinsured Motorist" coverage, which is the insurance that covers your injuries in cases where the other driver does not have sufficient liability insurance. Many motorists select "Limited Tort" coverage because it saves them a few dollars on their premiums. What they don't understand is that limited tort may seriously compromise their ability to obtain compensation for legitimate and serious injuries. Some insurance companies take a "no-pay" position against drivers who have limited tort, meaning that the insurance companies will not settle the claims without litigation. MyersLafferty is always glad to review our client's policies with them to ensure they have sufficient coverage to protect them and their families in the event of an automobile accident. We also advise our clients to take the following steps in case they are involved in an accident: Call the police immediately. Do not leave the scene of an accident, and do not allow the other driver leave the scene. Take down the other driver's information: his or her name, phone number, license number, registration and insurance information. Gather the names, address and phone numbers of any witnesses to the accident and ask them to remain at the scene until the police arrive. Photograph the damage to all cars involved in the accident. Seek prompt medical attention. Do this even if you think your injuries aren't that serious. Many injuries do not become symptomatic immediately. Promptly report the accident to your insurance company, but try to consult with an experienced attorney first. Never discuss the accident with the other driver's insurance company without first consulting with an attorney. Once you have hired your attorney, redirect anyone who contacts you for information about the accident to your attorney. If you or a loved one have been injured in an automobile accident, click here for our detailed contact information and a free consultation. ∧ Back to top ∧ NURSING HOME ABUSE One and a half million Americans are presently living in 17,000 registered nursing home and elder care facilities. This number is expected to rise to 5 million people within thirty years. Many nursing homes try to maximize profit by using under-trained and unqualified help. Conservative estimates state that one of three homes in America will be affected by abuse of an elder relative in a nursing home. The abuse can take the form of physical assault, sexual assault, psychological abuse, neglect, abandonment and extortion. Families of nursing home residents should be aware of the signs and indications of abuse, including any injuries the nursing home does not adequately explain. Look for unusual bruises and bedsores and sexually-transmitted diseases, or a patient's sudden change in attitude or appetite. You should also be wary of out-of-the-ordinary financial requests. Although these signs are not always indicative of abuse, if you suspect that a loved one is being abused in a nursing home or other elderly care facility: Report it immediately to the appropriate state agency (for example, the Pennsylvania Department of Health). Photograph any sores or other physical injuries on your loved one that you believe to have been caused by abuse or neglect. Write down the names of all nurses, aides, case workers, and others who are involved in your loved one's care. Contact an experienced personal injury attorney. If you believe a loved one have been injured as a result of nursing home abuse, click here for our detailed contact information and a free consultation. ∧ Back to top ∧ PREMISES LIABILITY Premises liability actions traditionally fall into two main categories: Slip-and-Fall Injuries and Criminal Attacks. Slip-and-Fall Injuries Thousands of Americans are injured each year because people and companies fail to keep their sidewalks, stairs, and indoor walking areas level and free of debris, ice, snow, and other substances. Many people, for example, slip in grocery stores when an item falls off a shelf and spills into the aisle. Other people have been seriously injured at large home improvement stores by unsecured items falling onto them from overhead. If you are injured in this type of situation, the most important thing to do is to document the accident immediately: Report to the accident to the nearest store employee and have them take you to store management right away. Write down the name and job title of the management person you meet with, and insist on filling out an accident report or statement. Make sure to have the manager make you a photocopy of your report or statement. If possible, get the names, addresses, and phone numbers of any witnesses to the accident. If possible, take photographs of the hazard that caused your injury. Have a loved one take photographs of your injuries. Seek prompt medical attention, even if you think you are not that badly injured. Many injuries take time to become symptomatic. Consult promptly with an experienced personal injury attorney. Criminal Attacks The second category of premises liability cases are those that arise from criminal attacks caused by a landlord's failure to provide sufficient security. Increasingly, newspapers are reporting incidents of female tenants who have been attacked in their apartments by unknown assailants. People are also being attacked in poorly patrolled shopping mall and restaurant parking lots, train stations, and other highly trafficked areas. Many states now impose liability on landlords and other property owners who negligently fail to provide adequate security to protect tenants, customers, shoppers and employees from foreseeable criminal attacks. If you are a victim of this type of crime: Immediately call the police. It is not unusual for women to delay reporting an attack due to feelings of fear, embarrassment, or shame. Defense attorneys (both those representing the assailant and those representing the negligent landlord) will exploit this delay by claiming the attack never occurred, or that there was consent. Do not help these attorneys add insult to injury. Step forward! Fight back! Immediately seek medical attention. Cooperate with the police and the district attorney. Their job is to help you, and they genuinely want to. Immediately report the attack to the property owner. If you believe the attack occurred because your landlord or other property owner failed to provide adequate security, consult with an experienced personal injury advocate. If you or a loved one have been injured, click here for our detailed contact information and a free consultation. ∧ Back to top ∧ UNSAFE & DEFECTIVE PRODUCTS Every year, thousands of Americans are injured by defective and dangerous products at work and at home. Automobiles with improperly designed or installed seatbelts, machinery lacking adequate hand-guards, or appliances that spark and cause fires are all examples of defective products—devices that function properly but lack the warnings necessary to teach people how to use them safely. It's obvious when you've been injured using a product. Whether that accident is the result of a legally defective product is not always so clear. To know whether you have a case against a product manufacturer, have your situation reviewed by a skilled attorney working in conjunction with an engineer or other expert familiar with the type of product involved. MyersLafferty has access to a network of knowledgeable and trustworthy experts who can inspect and test products and determine whether they are unreasonably dangerous or defective. If you've been injured as a result of a product that may have been defective, there are two things you must make sure to do. First, if you have possession of the product, keep it. Do not throw the product way, and do not take it apart or alter it. The product itself is the key piece of evidence needed to prove your case, and its loss or alteration may ruin your ability to bring a claim. Second, contact an experienced attorney immediately. Most manufacturers are sophisticated litigants. They have in-house attorneys and large outside law firms who go to great lengths to defeat potential injury claims involving their company's products. And they begin building their defense the minute a potential case is reported to them. Don't sit on your rights while they are working hard to fight against you. If you or a loved one have been injured by a product you believe may have been defective, click here for our detailed contact information and a free consultation. ∧ Back to top ∧ RAILROAD ACCIDENTS/FELA Injured railroaders are protected by the Federal Employers' Liability Act of 1908 (FELA). The FELA gives injured railroaders the right to sue their employer and recover damages for: Lost wages, both past and future Out-of-pocket medical expenses that were not paid for by the railroad Compensation for pain, suffering and the loss of life's pleasures Any scarring or disfigurement In addition to the FELA, railroad workers are protected by: The Federal Safety Appliance Act, which makes railroads responsible for injuries caused by defective couplers, insecure grab irons, ladders or steps, and malfunctioning hand and air brakes. The Federal Boiler Inspection Act, which makes railroads responsible for injuries caused by certain defects and dangerous conditions on locomotives. The FELA does not provide compensation unless the railroad was at fault in causing an injury. The Federal Safety Appliance and Boiler Inspection Acts, on the other hand, impose liability on railroads even where the railroad was not negligent. The statute of limitations under all three Acts is three years, although certain occupational disease claims (for example, asbestos injuries) may be brought within three years after the disease is discovered. A railroader who is injured at work should do the following: Immediately report the accident to your supervisor, even if you think you are not injured. If you wait, the railroad may charge you with failing to report an accident, or possibly falsifying a report. Fill out the Accident Report/Injury Statement. Most railroads require an injured employee to immediately fill out and sign an Accident Report or Injury Statement. However, if you cannot think clearly, or are in too much physical pain, do not fill out or sign the Report/Statement. This can be done later. Keep your statements brief but make sure to describe the railroad's negligence in the Accident Report/Injury Statement. Because the FELA requires proof that the railroad was at fault for the accident, it is important that you spell out what the railroad did wrong, or what was wrong with the railroad's property, tools and equipment. For example, if you get hurt because a switch jammed or the ballast gave way, write it on the Accident Report/Injury Statement. If someone else prepares the Accident Report/Injury Statement for you, make sure you read it carefully and that they record the dangerous condition, defective equipment, or action that caused your accident. Do not answer "no" to questions on the Report that deal with equipment defects. Answer "yes" (describe the defect) or, because defects sometimes are not obvious or visible at the time of injury, answer "presently unknown." Carefully read and answer the questions before signing the Report/Statement. The questions are usually designed to help the railroad avoid responsibility. Keep a copy of the Accident Report/Injury Statement and any other form that was filled-out in connection with your injury. Do not sign any documents other than the Accident Report/Injury Statement. The Accident Report/Injury Statement is the only form you are required to complete. Do not make any oral or written statements other than the Accident Report/Injury Statement without first speaking with your FELA Attorney or Union Representative. Refer everyone to the Accident Report/Injury Statement instead. Promptly contact your Union Representative. It is his/her job to help you protect your rights. You have the right to have your Union Representative present whenever you give the railroad an oral or written statement. Get immediate medical treatment. Obtain the best medical care that you can through your own doctors. Choose your own doctor. Railroad rules may require you to be seen by the railroad's own healthcare providers, but you do not have to treat with those providers. You have the right to be cared for by any doctor you choose. Do not let the railroad take control of your medical care by treating with company-selected doctors. These physicians are frequently employed or retained by the railroad, and are usually more interested in protecting the railroad by returning an injured railroader back to work, rather than ensuring proper medical treatment. Do not allow company officials to stay in the room while you receive medical treatment. This is a violation of doctor-patient privilege. Something might be said in the room that could be used against you later. Do not sign a medical release form to the railroad without first obtaining legal advice from an experienced FELA Attorney. Follow your doctors' directions and respect the medical limitations your physicians place on you so that you recover as fully as possible. Contact an experienced FELA Attorney immediately. The railroad starts building its defense to your claim the minute you report your accident. It is important that you protect your legal rights immediately by speaking with a competent FELA Attorney, who can advise and guide you through the FELA process. Apply for RRB Temporary Sickness Benefits. If you are unable to work at your railroad position because you become sick or injured, you have the right to apply for temporary RRB sickness benefits. RRB benefits are paid on a bi-weekly basis. However, you must pay the RRB back for sickness benefits from any settlement or judgment you win against the railroad. Apply for a RRB Disability Pension. If your injury has permanently disabled you from working, you may be entitled to receive a RRB disability pension. The RRB Help Line is 1-800-808-0772, or visit http://www.rrb.gov. There are two kinds of long-term disability pensions: Total Disability: If you have at least 10 years (120 months) of compensated service, and are permanently disabled from any regular work (not just your railroad occupation), you can receive a total disability pension. A total disability is based upon the same standards used by the Social Security Administration. Occupational Disability: If you have at least 20 years (240 months) of compensated railroad service, and are permanently disabled from your regular railroad position, you can receive an occupational disability pension. There is an exception to the 20-year requirement if you are at least 60 years old and have at least 10 years of service with the railroad. Contact your insurance company to begin receiving benefits, if you have a disability policy. Help to gather the evidence needed to win your case: Prepare written details about the accident for your records. Include your assignment for that day, when and where you reported to work, what work you performed before the accident, exactly how the accident happened, who witnessed it, what the railroad did wrong, etc. Do not give this record to anyone but your attorney. Get the names and contact information of witnesses to your injury. Witnesses cannot be fired or disciplined for providing facts pertaining to your accident or for testifying in court, under the FELA. Take timely photographs of the defective or dangerous equipment, ground conditions or work environment that caused your injury. Keep the negatives. Promptly photograph your injuries. Keep the negatives. Keep a written record of all treatment dates, the nature of each treatment, and any pain or limitations you experience due to your injuries. Keep track of missed work time, including lost overtime. Important Points You cannot be fired or disciplined for acquiring legal representation. This is your guaranteed right under the FELA. It is your legal right to select any attorney you wish to represent you. Do not allow anyone to pressure you with regard to your choice. Railroad claim agents are not your friends. Railroad claim agents are hired to save the railroad money. They are skilled in handling claims and will attempt to trick you into a cheap settlement. Do not speak with any railroad claim agents without first consulting an experienced FELA attorney. If the Claims Department tries to contact you, tell your attorney at once. Know your rights. If you are unsure of your rights, contact your FELA Attorney or Union Representative. If you are a railroader who has been injured at work, click here for our detailed contact information and a free consultation. We recommend that every railroad employee keep a copy of our Federal Employers' Liability Act (FELA) Information Guide in a place that's easily accessible to you and your family. This guide offers the information you need to protect yourself if you're injured on the job. Click here to download the guide. Document opens in Acrobat Reader. If Acrobat Reader is not installed on your system, click here to download. ∧ Back to top ∧
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