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May 2014 Archives

When Should I Settle My Workers' Compensation Case?

Every case is different but, in general, the best time to settle your Rhode Island Workers' Compensation case is when the case can't do anything more for you. To illustrate what I mean by that, I will use the example of a case that I recently settled. The employee was 24 years old when he injured his low back moving heavy equipment during the course of his employment as a laborer. Because of his young age he followed a conservative treatment plan and tried to avoid surgery for as long as possible, however he ended up having a low back fusion. The insurer paid for multiple MRIs, chiropractic treatment, pain management specialists, consultations with three different neurosurgeons, multiple rounds of physical therapy and ultimately the surgery.

Rhode Island texting and driving law meant to prevent a car crash

A lot of media attention has been paid to the dangers of texting while driving. If a driver takes his or her eyes off the road long enough to send a text, he or she could cause a car crash. Rhode Island is among several states that prohibits texting and driving, but enforcing the law turns out to be more difficult than expected.

Delay in Diagnosis of Mild Traumatic Brain Injury

When a traumatic brain injury occurs often times there is a delay in the diagnosis. Mild traumatic brain injury (mTBI) can occur without a loss of consciousness. The Centers for Disease Control and Prevention (CDC) states that a mild traumatic brain injury can occur with a bump, or jolt to the head changing the way the brain normally works. It can occur from a fall that causes the head and brain to move quickly back and forth. According to the CDC, healthcare professionals may describe a mild traumatic brain injury as not life threatening, however even so the effects can be serious. The CDC in its report to Congress indicated that many individuals with mTBI do not receive medical care at the time of the injury and may later present to their primary care physician days, weeks or even months after the injury with complaints of persistent symptoms.

Rhode Island woman comes back from 2007 car crash

Back in 2007, a Rhode Island woman got a flat tire on Route 1. She got out of her vehicle and stood well off the travel lane to call her mother for assistance. The car crash that would take place after that call has left her with permanent injuries. Despite that, the now 24-year-old woman is reaching her goal of graduating from the University of Rhode Island.

Maritime Injuries - Damages under the Jones Act

The Jones Act is a federal law that gives seamen who are injured in the course of their employment the right to sue their employer for negligence and collect damages. Under the Jones Act, a maritime employer must provide the seamen with a reasonably safe place to work, and use ordinary care to maintain and keep the vessel on which the seamen work in a reasonably safe condition. Almost any unsafe condition on a vessel, no matter how small, can lead to liability under the Jones Act. In these cases the maritime injuries allow damages under the Jones Act.

3 car accident in Rhode Island sends 2 to the hospital

Police in Rhode Island are still trying to figure out what caused the initial crash between two vehicles that then involved a third. At last report, authorities were not clear whether alcohol, drugs or speed could have contributed to the car accident. Therefore, details are still sketchy at this time.

Workers' Compensation - What is a Pretrial Conference?

In Rhode Island, the Pretrial Conference would be your first appearance at the Workers' Compensation Court. To get to a Pretrial Conference, one party (either the employee or the employer) must file a Petition. The Petition could be seeking to establish liability and get your weekly benefits started or it could be seeking approval for an MRI or surgery. Alternatively, it could be seeking a termination or reduction of your weekly check. If you are receiving workers' compensation benefits and you receive a Notice of Pretrial Conference summoning you to attend, you should call an attorney immediately, if you don't have one already. If you do have one, then you should call your attorney to make sure he or she received the Notice. That way you can be sure that your attorney will be there to represent you before the Judge.

BATmobile in Rhode Island to reduce chance of a DUI car crash

Virtually everyone knows that drinking and driving is dangerous. It puts the lives of impaired drivers, their passengers and other motorists at risk of being involved in a car crash. As an attempt to reduce the amount of drunk drivers on the road, an 18-wheeler called the BATmobile is being rolled out in Providence.

Underinsurance and Uninsurance - Protect Yourself and Your Family

Underinsurance and uninsurance motor vehicle coverage can supplement the coverage or lack of coverage of the person causing the accident. It is important to purchase underinsurance and uninsurance to protect yourself and your family when insuring your motor vehicle.

"I just got hurt at work, what do I do now?"

If it is an emergency, get medical attention immediately. If it is not an emergency and you are able, tell someone from your job (preferably your supervisor) that you got hurt. In the cases of occupational injuries which develop over time and not in one specific incident, that might not be feasible because you will not know the exact moment in time that you got hurt. Instead, as soon as you know that you have an injury, tell your employer. Notice to your employer can be crucial in workers' compensation cases.

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