What’s the Definition of a Serious Injury?

I need some help on, maybe I can call it, a definition. You see, my mom was in a car accident. A bad one. She got pinned in for a while. The other guy hit her in the intersection. Typical jerk running a red light, thinking wherever he was going and whatever he was doing was the most important thing in the world.

She went to the hospital, which was scary, and they tested for all sorts of things. She seemed pretty okay at first, but a couple days after she got home, she started feeling this numbness in her fingers. It comes and goes, but it comes more often now.

I got her to go to a lawyer. That was on me. She just wanted the insurance companies to talk to each other and fix her car. I told her, “Mom, your hands are numb, something’s wrong, and we don’t know the insurance companies will come through.”

We’ve had trouble with them before, the insurance companies, so that got her to listen to me. We went to a lawyer, who was nice enough to talk to us for free, and my mom described everything that happened, everything except the numb hands. I had to bring that up, and it clearly upset her when I did. She sort of folded her hands in her lap, and simultaneously looked down and glared at me.

The lawyer actually stopped writing when I said this. Which, I thought was what I wanted. I thought I wanted the big moment where he’d say there was something there for a case or whatever, but all the sudden I wanted nothing to do with it and I thought it was a bad idea.

Too late, though. He said he wanted us to go back to the doctor, that the law firm would cover the bill, and that he thought there was a case for serious injury.

This is where the definition part comes in because my mother said, “oh, it’s not serious.”

He tried to explain that it was, legally and medically. That it was serious, but she didn’t want to hear it. She just ran right out of that office. At home, she scolded me for the whole thing. I did notice, though, later that night, that she was looking at her hands again.

So, I need help with this definition. Does what my mom said sound like a “serious injury?” She doesn’t trust lawyers, especially this one for some reason, but if I could bring her evidence of other people saying it, she might be more willing to believe.

Honestly, I think she’s in denial, and she is just afraid to take thing farther. She wants it all to go away. I want it to go away too. But her hands are still numb, and I don’t want her to suffer if there’s a way to make them better and a way to get that bad driver to pay for it.

So, who out there is good with medicine or definition? Is what my mom has serious?

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The Price of Life

Tragic accidents that involve unsafe work conditions are particularly difficult to understand in terms of reason. Work environments can be hectic, disorganized centers invoking the possibility of danger. In incidents that occur in the workplace, there are usually investigations being conducted by local authorities and in most cases additional investigations by third party organizations whose main goal is the prevention of similar accidents under similar circumstances. Tragic accidents due to a person’s surroundings at work can be grounds for action resulting in settlements and other compensatory allotments to cover bills after death. Jobs that, at the very least, do not provide safe working conditions have no place in the growing global economy.

The sudden death of a loved one can be an unbelievably difficult time to endure. Hopelessness, regret, and lack of closure can slowly consume grieving family members and friends of the victim. In workplace accidents, it is in the best interests of the family to seek out assistance in challenging the victim’s workplace as they are in most cases directly responsible for the wrongful loss of life. More thorough investigations by outside sources can provide insight into what specifically went wrong in regards to the incident at hand. In a highly publicized case near Charleston, South Carolina, an employee of Boeing Co., the high profile engineering giant, a man lost his life due to unsafe working conditions. The man tragically fell off a high platform down to the ground where he was immediately suffering from severe trauma. After investigation and litigation, the incident was recognized as being the fault of Boeing for the unsafe conditions that the man was working under. He later died due to heavy brain injuries sustained during the fall. In cases similar to this one, where there was an obvious neglect for the safety of workers inside the plant, legal options are available in the event that the victim sustained heavy injury and was forced to seek out medical attention that also brought on unexpected financial burdens. Companies should not be able to hide behind their expensive attorneys in hopes of escaping prosecution or settlement. It should be the goal of the victim’s attorneys to pursue any lead on a case that could potentially result in a reparation for the victim and their family. Efforts must be made on all sides of the case to provide the most accurate and telling account of what went wrong and how it can be avoided for future settings.

In conclusion, factories and other industrial workplaces can be places of great danger. Heavy machinery, mixed with inadequate training and lack of competent safety materials can cause serious injuries to industrial employees. Typically, the employees that experience such tragic events can earn settlements to offset the costs of their recovery and injuries sustained while working. Through better education on safety techniques and habits, innovative designs for safety gear, and the use of automated guidance systems the future of the industrial employment sector can be a thing of ease and safe productivity.

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White-Collar Exemptions from Overtime Pay

Federal and state laws mention that those eligible for overtime pay can receive up to one and one-half of their rate. The key word there is eligible, because not all employees are covered by these laws. A variety of workers from various industries are explicitly exempted from overtime pay, such as domestic workers residing in their employers’ residences, farmworkers, and even those from delivery services and certain sales industries.

But if there is any confusion regarding these exemptions, it is on white-collar jobs with salary basis pay, particularly those who have administrative, executive, and professional positions.

Administrative

An employee who is a significant part of the management and operations of an employer or its customers is considered to have an administrative position, and therefore exempted from overtime pay. This employee usually does office and other work that is considered non-manual. He also typically makes decisions regarding significant issues.

Executive

An employee is categorized as an executive if he is primarily managing a department, division, or any other recognized block in the employer’s company. This person also usually supervises a certain number of employees and has significant power regarding the hiring and firing process within the company.

Professional

An employee is considered a professional if his work and responsibilities require advanced knowledge, usually acquired through advanced studies, regarding a certain field. Usually, this field is scientific or mathematical, but it is not uncommon for artistic and creative fields to be considered professional fields as well.

Eligibility Problems

One of the problems that may arise from these exemptions is when an employer has misclassified an employee. An employee who has been misclassified as having an administrative, executive, or professional position and has worked overtime may not get his due overtime pay.

According to the website of the Leichter Law Firm, those who are eligible to getting overtime pay but has not received any from their employers may take legal action. It is good to know that the law is on the side of the victims. After all, the employer’s management should be responsible enough to ensure the proper classification of their employees.

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The Dangers of Childbirth

Nobody is a stranger to the wonders of childbirth. Indeed, a myriad of movies, songs, and works of literature all proclaim the incredible experience that is bringing life into the world. Unfortunately, even the most accomplished doctor cannot guarantee the health of an infant. Birth trauma can occur during the birthing process that may put the infant at risk to several medical complications. According to Mazin & Associates, PC, there are numerous causes of birth injuries. Size of the infant, presentation of infant during labor, and medical negligence are just a few factors that contribute to birth trauma. Premature and large infants are more likely to suffer from birth injuries. A breech birth or the delivery of a baby feet or buttocks first can also increase the likelihood of postnatal damage.

There are a variety of birth injuries, some more fatal than others. Newborn cervical fractures and facial paralysis are one of the most prevalent delivery related injuries. According to Nationwide Children’s, a narrow birth canal or use of medical instruments may cause pressure on the infant thereby fracturing its clavicle. A newborn fractured clavicle is evident through the baby’s actions. The baby may fuss and cry revealing sensitivity to the affected area. Often times, the child may hold the injured arm close to its side, an indication of the trauma. After several weeks, a lump will appear signifying the healing process. There is no treatment required for this medical condition although doctors as well as future parents take actions to ensure the child is comfortable. Another delivery related injury includes facial paralysis. During a difficult delivery, pressure to the facial nerve of the infant may occur. Such a trauma can contribute to medical condition called facial nerve palsy. As reported by U.S. National Library of Medicine, the infant may no longer possess voluntary muscle movement of the face. Paralysis of the affected side of the face or uneven facial presentation indicates the condition. In the best cases, because the paralysis wanes naturally, treatment is not required. In other cases, however, the infant may become permanently paralyzed, and thus require therapy.

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Major Road Threats to Bicyclists

Leaving your car in the driveway and covering pavement using your bicycle, whether to go to work or to run an errand is not only healthy and environment friendly, but also faster and much cheaper. Despite these and the many other benefits of riding a bicycle, you must not forget the dangers that bicyclists are always exposed to, such as pollution (especially if you ride on very busy roads) and the many kinds of road hazards, like defective roads and, most especially, uncaring motorists, who do not see you and those who think that you should not be on the road.

In 2013, 900 bicyclists died in traffic accident, while an estimated 494,000 were rushed to emergency department. In 2014, thanks to the educational Pedestrian and Bicycle Safety programs introduced by the National Highway Traffic Safety Administration (NHTSA), fatal bicycle accidents went down to 720, a 20% decrease from the previous year.

Every time an accident involving a bicycle and a motor vehicle occurs, warnings on how dangerous bicycling can be, and reminders that bicyclists should be extra careful and that motor vehicle drivers should respect bicyclists’ right of way, are always made. Major road threats to bicyclists include distracted drivers, drivers who over speed and alcohol-impaired drivers. No doubt bicycle safety programs offer a lot of safety tips to bicyclists; but it will also surely result to much better road situations if local government agencies will put in extra effort in getting dangerous drivers off the roads.

According to the Centers for Disease Control and Prevention (CDC) and the Governors Highway Safety Association (GHSA), besides alcohol-impairment, not wearing a helmet is another major contributing factor to fatal bicycle accidents.

The West Palm Beach car accident attorneys of Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A. explains that the consequences of bicycle accidents, which include ongoing pain and suffering, and emotional, psychological, and financial burdens are bad enough; it is worse, however, if the bicyclist did actually nothing to cause the accident. To help the injured victim secure the financial compensation that is needed to pay for the financial costs of resulting from the accident, the best way is to file a civil lawsuit against the party at fault in the accident.

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