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Currently Browsing: Workplace Injury

Repetitive Motion Injuries

Every job carries some risk of injury. Even the safest desk jobs require the same repetitive motions that many are unaware can lead to serious discomfort or injury. These are called repetitive motion injuries, and they are the most common type of injury in the United States. They are cause by doing simple, repetitive daily motions and experienced by countless workers and athletes. They are often accompanied by numbness, pain, inflammation or swelling in the are of the injury. If you experience these symptoms near an area of the body you use to perform a repetitive motion, you should ask your doctor about the potential of a repetitive motion injury.

There are several types of repetitive motion injuries. An Oklahoma personal injury attorney would likely say that the three most common are tendonitis, bursitis, and carpal tunnel syndrome. Bursitis is a common type of repetitive motion injury that targets the body’s bursae, or fluid-filled sacs that act as a cushion for areas of friction between tendon and bone or skin. Tendonitis refers to tendon injuries that involve larger-scale acute injuries accompanied by inflammation. Carpal Tunnel Syndrome is nerve damage in the wrist, which can cause loss of feeling in hands, causing movement to degenerate (commonly associated with typing). These are only the most common examples of repetitive motion injuries. There are countless cases of repetitive motion injuries, and athletes and workers are at risk for any of these because of the nature of their careers.

At times, these injuries are just a risk that comes with a particular occupation. However, at times they could have been prevented if proper precautions had been taken by an employer or another party. In these cases, the victim of a repetitive motion injury may be entitled to certain damages.

Defective Truck Tires: Another Cause of Road Catastrophe

To be able to drive an 18-wheeler truck or any type of commercial motor vehicle (CMV), drivers will need to possess a level of skill, knowledge, physical abilities, and experience that is higher than the level needed in operating non-commercial vehicles. This is to ensure that CMV drivers are capable of handling their vehicle well, especially during very bad weather conditions, when roads are not totally safe, or during emergencies.

While car accidents can potentially damage vehicles and cause severe physical injuries, just imagine what sort of injury and damage an 18-wheeler would cause if it collides with other vehicles or rams any object along its path. Other than having qualified drivers to handle their trucks, however, trucking companies must also make sure that every truck in their fleet is properly maintained and in good condition, before these are taken for cross-country drives.

Reports to, and studies by, the National Highway Traffic Safety Administration (NHTSA) show that driver training and the 11-hour maximum driving duty imposed by the US Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA), have contributed in reducing the number of truck accidents due to driver fatigue and exhaustion. The driver’s condition is not the only cause of truck accidents, however; occasionally, vital truck parts, like brakes and tires, which are poorly manufactured and which are actually more dangerous as these can easily make the driver lose total control of the vehicle, are the reasons for the most damaging accidents involving trucks.

To ensure safe and good tire performance, the Department of Transportation has mandated a minimum tread depth requirement for truck tires. Tires that fall short of the DOT’s requirement are recalled and posted on the department’s official website.

The manufacture of defective and low-quality tires is a case of manufacturer negligence – an act that requires the negligent party to compensate any person who might be injured in an accident due to the defective product. On its website, Habush Habush & Rottier S.C., also strongly points out the duty of the irresponsible liable party, in this case, the manufacturer, in giving financial compensation to the victim who will be faced with sudden financial woes forced upon him/her by the accident.

In the case of the truck driver, besides the right to sue the manufacturer for damages, he/she may also be entitled to receive financial assistance through the Workman’s Compensation Insurance benefits if the accident occurred during the performance of his/her job. Part of the coverage of the workman’s comp includes the injured driver’s medical expenses and lost wages due to inability to report for work.

Social Security Benefits and Workman’s Comp: Way’s of Looking after Workers’ Welfare

Disability or chronic illness that renders a person incapable of continuing/finding new work will definitely have a major blow in that person’s life, especially if he/she has no other source of livelihood; worst, if he/she has a family to survive.

This was the predicament of so many workers, especially those in the construction industry, before the turn and during the first few years of the twentieth century. During those times, workers, whose injuries or illnesses were sustained or acquired from work, never had the right to demand for financial assistance from their employers since there was no law yet that required employers to compensate their employees who sustained work-related injuries. Workers, then, had to file a lawsuit against their employers just to earn the compensation that they so badly needed. This move, though, usually entailed two negative effects: first, the relationship between employer and employee was destroyed: and second, workers often lost the case.

The passing of the Workers’ Compensation Insurance Benefit law in 1908 changed this unjust situation that workers were put into. The law’s real intent can probably be interpreted as: since the workers’ injuries were sustained while performing their duties, the company, in turn, ought to embrace the duty of providing its workers with a benefit that will ensure financial assistance to them if they get injured while performing their job.

The Workers’ Compensation Insurance Benefit or the workman’s comp provides fast and sure financial assistance to workers who get hurt at work. The amount awarded to workers is meant to cover cost of medical treatment, lost wages, vocational rehabilitation, disability and death.

In August of 1935, another law was passed, the Social Security Act which, in 1956, introduced the Social Security Disability Insurance (SSDI) program. This new program is intended to benefit people who get totally disabled (whether due to their job or not), so long as they have worked long enough and have earned the number of credits required through payment of  Social Security taxes.

To qualify for Social Security benefits, a person’s injury or disability should be found in the list of disabilities drawn up by the Social Security Administration (SSA). Many times, despite being qualified to receive the benefit, an applicant is rejected, simply due to errors in the application form or lack of some necessary documents. To save himself/herself from such trouble, it is advisable that he/she asks a lawyer, who is well versed in disability and insurance law, to assist him/her through the whole process.

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