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Worker’s Compensation For Truck Drivers

Worker’s Compensation For Truck DriversTruck driving is the most dangerous job in America. Not only does the trucking industry account for 12% of all workplace fatalities, it also has more non-fatal injuries than any other occupation. Trucks are massive, typically weighing over 10,000 lbs, so there is a lot of potential for injury. They are also on the open road for hours at a time, which leaves them constantly exposed to accidents. If you are a truck driver, it is very likely that you may have to file a worker’s compensation claim at some point in your career. So it is important to understand how worker’s compensation works for truck drivers.

Common Truck Driver Injuries

Around 500,000 truck accidents happen every year in America. Add to that the risks of truck maintenance and loading and unloading and there are typically 60,000 worker’s compensation claims made every year in the trucking industry. There are a variety of injuries reported, the most common are:

Strains and sprains
Bruises
Fractures
Cuts and lacerations
Soreness and pain
Multiple traumatic injuries

These injuries usually occur as a result of:

Vehicle accidents
Overexertion
Repetitive stress
Being... ...read full post

Worker’s Compensation For Security Guards

Worker’s Compensation For Security GuardsSecurity guards have tough jobs. Whether you work as a bouncer at a bar or nightclub, patrol a property after hours, or provide store security, you are putting yourself at risk everyday. In fact, security guards face a 3.8% fatality rate and an estimated 42,000 non-fatal injuries every year. Since by nature, working in security is an extremely dangerous job, it is important that you understand your legal rights to worker’s compensation. Here are the basics of worker’s compensation for security guards.

Common Security Guard Injuries

There are many common injuries that can occur when on the job as a security guard including:

Traumatic brain injury
Strains and sprains
Fractures
Spinal cord damage
Bruises
Lacerations
Repetitive stress injuries

According to the U.S. Bureau of Labor Statistics (http://www.bls.gov/opub/mlr/2012/02/art1full.pdf):

30% of all injuries are a result of slips and trips and falls
15% of all injuries are a result of violence and physical attacks
14% of all injuries are the result of contact with an object
9% of all injuries are a result of vehicle accidents
4% of all injuries are a result of exposure to harmful substances

When To File A Worker’s Compensation... ...read full post

A Guide To Florida’s Bicycle Laws

A Guide To Florida’s Bicycle LawsFlorida is a great state for riding bicycles. The year-round warm weather and flat roads, make it ideal for this healthy form of transportation. Unfortunately, with so many riders, Florida has the highest number of bicycle fatalities in the country. So it is imperative whether you are a bicycle rider or a motorist that you understand Florida’s bicycle laws so everyone can share the road safely. Here is a guide to the basics of Florida’s bicycle laws:

Rules Of The Road

Florida treats bicycles the same way they treat any other vehicle on the road. So Florida law dictates that bicyclists have the same rights and responsibilities of drivers. These laws are laid out in Florida State Uniform Traffic Control Code under Chapter 316 Section 2065 which you can find here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.2065.html. These laws stipulate:

Bicycle riders need to follow all posted traffic signs and lights
One hand must always be kept on the handlebars when riding
Cyclists must signal within a 100 feet of intended turn
To signal a right-hand turn, a cyclist needs to extend their... ...read full post

How To Pick A Motorcycle Helmet

How To Pick A Motorcycle HelmetFlorida has the most motorcycle fatalities of any state in the United States. Most of these fatalities can be avoided with a motorcycle helmet. Even though the state of Florida does not legally require riders to wear a helmet, they are still crucial for the safety of motorcyclists. Helmets provide protection against traumatic brain injury and death. However, not all helmets are built the same. There are several things you need to look for when picking out a helmet. So here is a guide to picking a functional and safe motorcycle helmet:

Types Of Helmets

You first need to understand the differences between the various types of helmets available for riders. Some helmet styles provide more coverage, so they are safer. Here are the types of helmets and how safe they are:

Dual Sport: Dual sport helmets are usually worn by motocross riders and offer the most protection of any helmet. Dual sport helmets cover the entire head and face. There is usually a visor on the top of the head and an... ...read full post

Who Is Liable In A Ridesharing Accident?

Who Is Liable In A Ridesharing Accident?Ride sharing apps like Uber and Lyft have taken the market by storm. They tend to be cheaper, safer, and easier to access than traditional forms of third-party transportation like buses, limousines, and cabs. Since they are so different from other traditional forms of transportation, you may be wondering what happens when one of these vehicles is involved in an accident. Here is a brief overview of the liability involved in ride sharing apps.

Driver Requirements For Ride Sharing

Both Uber and Lyft have several company requirements to ensure the safety of their drivers and riders. Drivers have to submit to a criminal background check and a clean driving record for the past year. They also require a vehicle inspection check and have strict guidelines on the types of vehicles allowed to drive for their service. Finally, all drivers are required to carry liability insurance.

Drivers Carry Their Own Liability

Though these companies have strict requirements, they are not directly liable in the case of an accident. Instead, passengers are covered by the driver’s own... ...read full post

A Guide To The Four Types Of Disability Claims

A Guide To The Four Types Of Disability ClaimsThere are four types of disability claims that you may qualify for after an injury or illness. Claims are broken into two categories depending on the length of the injury: Temporary and permanent. Then they are broken further down into four categories depending on the severity of the injury. The type of disability you are eligible for determines what type of disability benefits you will receive. Here is a guide to the four types of disability claims.

Temporary Disability

A temporary disability is when your injury or illness is only temporary and will not be permanent. To be considered for temporary disability, you need to be unable to perform your regular work duties or are hospitalized for more than 3 consecutive days. There are two types of temporary disabilities:

Temporary Partial Disability: A temporary partial disability claim can be filed when you can only complete part of your regular duties and so your employer cannot offer you the same wages or hours. You will receive a... ...read full post

Everything You Need To Know About Appealing A Denied SSID Claim

Everything You Need To Know About Appealing A Denied SSID ClaimSometimes even in cases of severe, permanently debilitating disabilities, the United States government will deny a claim. The government is always concerned about fraud and does not want to award tax money to people who don’t need the income. So they will deny claims based on a myriad of reasons. However, a denial does not mean you cannot eventually win disability claims. You can appeal a disability claim denial.

How Will They Deny A Claim?

When your claim is denied you will receive a notice from the Social Security Administration (SSA) by mail stating they are denying or terminating your benefits. In the paperwork, they will briefly explain the reason for their denial. Often times, you will have to call the SSA directly to get a full explanation of why your claim was denied. With your denial, you will also receive paperwork to file an appeal. This paperwork needs to be submitted within 60 days of the date received in order to proceed.

Reasons For... ...read full post

How Much Disability Can You Receive?

How Much Disability Can You Receive?The amount of social security disability you can receive depends on a number of factors. First you must prove that you qualify for disability. Then the Social Security Administration (SSA) will take into account the severity of the injury or illness, the length of the injury or illness, and your current and past earnings. Though there is no set standard amount of disability a person can receive, there are some standard factors in how the amount of your benefits will be estimated.

How Disability Benefits Are Calculated

Benefits are calculated by the SSA through a combination of your average indexed monthly earnings (AIME) and the primary insurance amount (PIA). To determine your AIME the SSA will look at your past earnings up to 35 years, current earnings, and project your potential future earnings. Then they take the years with the highest indexed earnings added together and divided by the total number of months. That average is then rounded down to determine your AIME. The SSA has provided a chart so you can better... ...read full post

Understanding Disability Back Payments

Understanding Disability Back PaymentsIf you have qualified to receive disability benefits, you may also qualify to receive back payments of disability. Back payments date back to the date of the diagnosis of your injury or illness, rather than the date your benefits began. With the long application and approval process for disability it may be weeks, months, or even years before you start receiving money. During this time you can rack up debt between loss of earnings and medical bills. Pursuing disability back payments can give you the extra money you need to manage the heavy costs of your disability.

The Two Types Of Back Payments

There are two types of back payments you can receive once you’ve qualified for disability. The first is for the length of the disability processing and approval period. Many people apply for disability, so claims become backlogged in the system and can take a while to process. On average, it can take months to receive disability benefits and even longer if you have to go through the appeals process. These back payments date... ...read full post

Car Safety Tips For Driving Young Children

Car Safety Tips For Driving Young ChildrenAs parents we constantly worried about the safety of our children. This is especially true when we are driving with them. With over 276,000 vehicle accidents in Florida every year, it can be very nerve-racking to take your children in a vehicle. However you can protect your children in the case of an accident if you follow some basic safety tips. At All Injuries Law Firm, we understand the importance of keeping your children safe from injury, so we’ve put together a list of safety tips by age to make sure that if there ever is an accident your children a protected.

Car Safety Tips For Infants

Transporting infants requires more safety procedures than older children. Here are some tips to keep your infant safe while you are out on the road:

Buy a high quality, car safety seat. Consumer Reports has a great guide on how to pick the perfect car seat for your infant on their website: http://www.consumerreports.org/cro/car-seats/buying-guide.htm
Make sure your child’s safety seat is properly installed in your vehicle. ... ...read full post

How Is Fault Determined For A Rear-End Collision?

How Is Fault Determined For A Rear-End Collision?Typically rear-end collisions are the result of a tailgating or not leaving adequate stopping space behind a car. So if you rear-end another vehicle, it’s always assumed it is your fault. However, there are certain circumstances in rear-end collisions when it may actually be the fault of the other driver. So before you assume that you are at-fault for a rear-end accident, you may want to consider consulting with an attorney to make sure you aren’t being unfairly blamed.

Negligence In Car Accidents

Fault is determined by negligence, not by the type of accident. In a rear-end collision there are several cases where the other driver may be at fault for the accident including:

Any kind of distracted driving including texting, eating, or talking on the phone
Driving while drunk or intoxicated
Failing to pay attention to the road or posted road signs
Speeding
Not stopping within a reasonable time frame
Failing to signal intent
Losing control of the vehicle
Not yielding the right of way
Suddenly reversing their vehicle
The vehicle does not have functional brake lights
Aggressive driving or road rage

In these... ...read full post

Eight Helpful Tips For Applying For Disability

Eight Helpful Tips For Applying For DisabilityWhen you’ve developed a disability through injury or illness, it can be the most stressful time of your life. You are worried about the financial security of your family, making adjustments to your new health circumstances, and trying to stay on top of it all while managing your pain. Add to that the stress of applying for disability benefits and it can all become extremely overwhelming. At All Injuries Law Firm, we understand how trying this period can be so we’ve put together this list of helpful tips so that when you apply for your disability claim, you don’t have the added stress of a denial. Here are eight tips to help move the process along:

1. File your claim immediately: The disability claims process takes a long time and the sooner you get your claim filed, the sooner you can get an approval and receive benefits. Also if you are applying for Social Security Disability Insurance (SSDI), your benefits may expire if you don’t file a claim quickly.

2. Prepare yourself for your disability interview:... ...read full post

What To Do After An Accident With An Uninsured Driver

What To Do After An Accident With An Uninsured DriverGetting into a car accident is a stressful situation. There is the potential for injuries, property damage and even emotional damage. You can lose work and have to go to the hospital. Normally, there is insurance on both sides to pick up the bills. But what happens when you get into an accident with an unlicensed driver? Let’s take a look at some of the repercussions.

Uninsured Motorist Coverage

Go check your insurance policy right now and make sure that you have uninsured motorist coverage. Without it, you may not be able to get any amount of coverage if you are involved in an accident with an uninsured driver. If the other driver is not insured at all, you can only reap the benefits of the amount of Uninsured Motorist Coverage that you carry in your policy. Make sure that it will cover your car, and a decent amount of medical bills relating to an accident. Talking with your insurance agent will give you a good idea of how much coverage you should carry. They can take a look at the numbers... ...read full post

Who Is At Fault For A Dog Bite In Florida?

Who Is At Fault For A Dog Bite In Florida?If you are bitten by a dog in Florida, you probably have cause to open a lawsuit. Dog bites can come with medical bills and other costs, and it shouldn’t be your responsibility to pay for something that wasn’t your fault. Florida dog bite laws are fairly cut and dry, requiring little arguing about who is at fault. Having a pet means that you need to be a responsible pet owner and not let your animal run around biting people.

Strict Liability

The portion of the law in Florida that covers dog bites is known as Strict Liability. Strict Liability means that the god owner is responsible for the dog bite and any injuries that come from the bite. This is different from some other states where the dog has to bite people more than once in order to have the owner held accountable. In Florida, if you are attacked by a dog, the owner will automatically be held accountable for your injuries and made to pay for any damages. This makes dog bite cases fairly straightforward and easy. But there is still... ...read full post

Nursing Home Negligence


Nursing Home NegligenceDid you know that approximately one out of ten senior citizens is likely to experience some sort of negligence during their stay in a nursing home? This statistic is astounding and rather scary. If you have a loved one staying in a nursing home, you should be on the lookout for some particular signs that there is negligence occurring.

Emotional And Social Negligence

When seniors are repeatedly ignored, it begins to become neglect. The whole point of having your senior family member in a nursing home is having someone there to take care of them and interact with them on a regular basis. When that is not happening, certain signs may start to appear indicating that neglect is happening.

Reclusive behaviors
Uncharacteristic changes in behavior or actions
Low self esteem and morale
Changes in eating and sleeping patterns
Fear of speaking the truth
They may even tell you that they are being mistreated

Any one of these signs is enough to start asking more questions. Emotional and social neglect leaves no marks, so the evidence is harder to collect. But it is definitely still there. Knowing what to look for helps, and also having another set... ...read full post

Trampoline Injuries On The Rise

Trampoline Injuries On The RiseThe American Academy of Pediatrics has recently reported a huge increase in trampoline related injuries. While trampolines may seem like a great source of entertainment and fun for you and your kids, they can also be dangerous if not handled correctly.

Trampoline Parks

Part of the spike in injuries is thought to be based around the fact that a lot of trampoline parks are popping up. They advertise free jumping times as well as exercise classes and dodgeball tournaments. All of these activities sound really fun, but you need to participate with caution. One wrong jump can send you directly to the emergency room.

How Can An Injury Occur?

Exposed springs on the edges of the trampoline- These are usually covered with padding, but with all the people jumping at a park, the springs can become exposed and cause risk for injury.
Flips and somersaults gone bad- Attempting a flip or a somersault on a trampoline is more complicated than it sounds. The ground has give, making it more difficult to stick a landing.
Trampolines on uneven ground- A trampoline needs to sit flat on the ground in order to properly... ...read full post

Tips To Prevent Teenage Car Accidents

Tips To Prevent Teenage Car AccidentsTeenage drivers are still new to the road. They don’t have the experience that older drivers have to know what to expect in certain situations. Books and driver’s education classes can only prepare them for certain situations. Not knowing what to do can leave choices up to an inexperienced driver, which can sometimes lead to the wrong choice. So how can you prepare them for the responsibility of being out on the road?

Go Slower

Teens are most likely to push the limits when it comes to speed. 52% of fatal crashes that involve teenagers happened because the driver was going too fast. Teaching your teen the proper speed for driving is one way to keep them safe on the road. Teach them to prepare to leave for their destination a few minutes early, ensuring that they won’t have to speed wherever they go. Teach them the three second rule for following behind other cars. Maintaining distance will give them an extra chance to stop safely if a situation does arise. Giving them the skills and the common sense to drive safely now will help them become... ...read full post