Lowell Stanley Injury Lawyers Blog
by | March 11th, 2013
March 11, 2013
According to the Bureau of Labor Statistics, contact with objects or equipment on a job site was responsible for roughly 15 percent of all workplace fatalities last year. This type of accident was more recently responsible for leaving a Norfolk, Virginia, construction workers seriously injured.
A story from The Virginian-Pilot stated the incident occurred on Monday, February 11, at around 5:30 p.m., at the Norfolk Naval Shipyard. Reports indicate the man was performing normal work duties when part of a crane failed. The failure allowed a bucket full of concrete to coming crashing down on the worker’s head, leaving him seriously injured.
The man was rushed to a local trauma center to receive treatment to his injuries and was released the following day. He is expected to make a full recovery with time.
The accident leaves many workers wondering what to do if they are involved in a workplace accident that leaves them injured.
The Norfolk Personal Injury Attorneys at the law office of Lowell “The Hammer” Stanley explain that by law, employers have a responsibility to ensure their workers have a safe and healthy environment in which to do their jobs. Any failure to do so could result in the accident being considered the fault of negligence on the employer’s behalf. Such a finding could be used in an injury victim’s favor when they go to file a Virginia Workers’ Compensation claim in connection to the incident.
by | March 4th, 2013
March 4, 2013
The railroad company, Norfolk Southern Corp., has been ordered by the U.S. Occupational Safety and Health Administration (OSHA) to pay more than $1 million to three employees who were wrongfully terminated after suffering work-related injuries.
According to an OSHA press release, a crane operator suffered an eye injury when struck by a piece of metal while working. The company took the worker out of service following the accident and formally fired him a short time later. Norfolk Southern listed the reason for the termination as giving false statements regarding the accident.
Then, the company fired a welder and his assistant after the pair was involved in a car accident. The men were said to be riding in a company truck when another vehicle ran a red light and hit a car. The second vehicle then struck the men’s work truck. The men initially didn’t seek medical treatment, but as their shoulder pains grew, they were taken to a local hospital.
An investigation determined Norfolk Southern had terminated the men’s employment based on their reporting injuries and claimed the men would not have been let go had they not reported the injuries.
The Norfolk Personal Injury Lawyers with the law firm of Lowell “The Hammer” Stanley explain workers have a right to a healthy and safe environment in which to work. When an accident does occur, an employer has a responsibility to cover the expenses through Virginia Workers’ Compensation. Failure to provide either is against the law.
by | February 25th, 2013
February 25, 2013
According to the Centers for Disease Control and Prevention, there has been a 62 percent increase in the number of young athletes who suffered traumatic Brain Injuries over the past decade. This has brought heavy attention to the problem and prompted the state government to take action aimed at protecting athletes from harm.
NBC 29 News says Virginia enacted a law requiring coaches, athletes, and their parents to participate in a brain injury education seminar before hitting the field. The program is aimed at teaching individuals how to recognize the signs a brain injury has occurred and what action should be taken in the event an athlete is injured.
One trainer stated she has identified more than 30 such injuries in her school alone and say the most common symptoms include:
- Headache
- Dizziness
- Confusion
- Sensitivity to Light and/or Noise
- Disruption of Sleep Patterns
Knowing the signs of this particular type of injury is becoming ever more important, as research emerges showing the effects repeat injuries can have and just how long recovery can take. Experts say the average college student will need 10 days to recover from a brain injury, while a high school student could need up to a month.
The Norfolk Personal Injury Lawyers with Lowell “The Hammer” Stanley encourage citizens to become aware of both the dangers and symptoms associated with brain injuries.
by | February 18th, 2013
February 18, 2013
The U.S. Food and Drug Administration recently announced it would be partnering with medical device manufacturer, GE Healthcare, in conducting the voluntary recall of the resuscitation systems with blenders installed in GE Giraffe and Panda Infant Warmers. According to a press release from the agency, the recall is being conducted due to a malfunction in the device.
The units are used to regulate the amount of gas that is released to a patient through the device. Experts say the device presents a Product Liability issue though, when the oxygen and air wall fittings on the back panel of the device are reversed during assembly. This can lead to the blender knob on the device no longer giving an accurate reading, resulting in a patient potentially getting too much or not enough oxygen. This could result in serious side effects, including death.
Anyone who is in possession of an affected unit has been instructed to contact the manufacturer so that a specialist can inspect the devices for any malfunctions, correct any problems they discover, and replace any units that cannot be fixed.
The Norfolk Injury Lawyers with Lowell “The Hammer” Stanley are hopeful the recall will prevent any patients from being harmed by the defective products, while also promoting medical device manufacturers to ensure their products are safe to by on the market.
by | February 11th, 2013
February 11, 2013
While numbers from the Virginia Department of Motor vehicles shows a slight decline in Virginia Car Accidents related to drunk driving, the number of motorists convicted on charges of driving under the influence remains steady. Studies show that roughly one-third of these convicted drunk drivers are repeat offenders. This leaves many people wondering what can be done to curb the problem of repeat drunk drivers.
While many believe harsher punishments are the answer to this conundrum, a new study conducted by the National Institute on Drug Abuse offers some new insight that contradicts this theory. According to EurekAlert!, researchers found that rats involved in a study examining alcohol consumption and associative punishment will go back to drinking alcohol once negative consequences for their drinking is removed. During the study, rats were given alcohol in a home environment. They were then offered alcohol again, but this time in an environment where punishment was administered for the behavior. This caused the rats to stop drinking, but only temporarily. Once reintroduced to alcohol in the home environment, they began drinking again.
Experts say the results can likely explain why a drunk driver will engage in the behavior after having already been punished numerous times.
The Norfolk Personal Injury Lawyers with Lowell “The Hammer” Stanley hope a better understanding of the psychological triggers that cause a person to drink will help to reduce the number of drunk drivers in the state of Virginia.
by | February 4th, 2013
February 4, 2013
A 67-year-old Norfolk, Virginia, man was killed last week as a result of a motor vehicle accident that occurred as the victim attempted to cross the street. According to an article from WAVY 10 News, the incident occurred at around 6:45 p.m. on Tidewater Drive in Norfolk, Virginia.
Reports indicate the man was attempting to cross the street at a crosswalk while in his wheelchair when an oncoming vehicle suddenly struck him. Paramedics then rushed the victim to a local trauma center, but he died a short time after arriving as a result of his injuries. Police say they are continuing to work to determine whether the pedestrian or the vehicle had the right of way at the time of the accident.
The Norfolk Car Accident highlights the importance of taking several steps following an accident where there are no witnesses to confirm what happened. It is vital that you take photos of your vehicle, any other vehicles that are involved, and your surroundings following an accident. The Norfolk Personal Injury Lawyers with Lowell “The Hammer” Stanley say a person should then visit a medical facility to receive the care they need, while also keeping records of any expenses incurred due to the accident.
The firm then suggests discussing your legal rights and options with a qualified attorney before conversing with an insurance adjustor or accepting any sort of settlement pertaining to the collision.
by | January 29th, 2013
January 28, 2013
The Department of Veteran Affairs (VA) is considering enacting rules that would make it easier for service members who have certain conditions, such as Traumatic Brain Injuries (TBI) or Parkinson’s disease, to receive benefits. An article from The Manistee News discussed the new regulation and the effects it could have on veterans and military personnel.
The new rule means that a veteran who can establish that he or she sustained a traumatic brain injury in the line of duty would no longer be responsible for proving the injury was the cause of a secondary illness such as Parkinson’s, depression, dementia, or certain hormone deficiencies. Even those with injuries that fall outside of certain guidelines could still see a significant bump in benefits from the new regulation.
As many as 179,000 veterans who have sustained TBIs during their time in the military since the year 2000 may be affected by the new regulation if it is adopted.
The public has until February 8 to comment on the legislation, at which point, it will either be removed from the agenda or advanced to be heard during a legislative session.
The Norfolk Personal Injury Lawyers with Lowell “The Hammer” Stanley recognize how complex veterans assistance programs can be and are hopeful the law will be beneficial to getting veterans the care that they need and deserve.
by | January 21st, 2013
January 21, 2013
Last Tuesday, baby product importer, Bugaboo Americas, of El Segundo, California, and the Consumer Product Safety Commission (CPSC) announced that they would both be working to voluntarily recall roughly 50,000 baby strollers across the United States and Canada due to health and safety risks.
A press release from the agency stated Bugaboo Chameleon and Bugaboo Donkey Model Strollers with a detachable carrycot/seat that were sold at nationwide retailers and online between January 2011 and December 2012, at a cost of between $1,200 and $1,600. The strollers have a Product Liability issue though stemming from a push-button carry handle that can become disengaged. When this happens, it presents a fall and choking hazard to children who may be riding in defective product.
So far, the company has received a total of 58 reports of the handle detaching. Anyone who is in possession of an affected stroller have been instructed to contact the product’s manufacturer for a free replacement handle, but that continuing use of the stroller until the new handle arrives is acceptable.
The Norfolk Personal Injury Lawyers with Lowell “The Hammer” Stanley acknowledge using a defective product can be and suggest discussing your legal options with a qualified attorney if you, or a loved one, have been harmed by using a product that did not work properly.
by actuate | January 14th, 2013
January 14, 2013
It was announced Tuesday by the Virginia State Corporation Commission (SCC) that employers may notice a change in the premium rates they pay for insurance covering Virginia Workers’ Compensation benefits. The Insurance Journal looked at how some rates would see dramatic increases, while others dropped.
The National Council on Compensation Insurance suggested the changes be made after examining injury trends among different industries in the state in recent years, which the SCC approved a short time later. The changes will cause the premiums in the surface coal mining industry to increase, while underground coal mining will see a decrease in premium levels.
Experts say the surface coal mining industry will see a 4.9 percent rise in voluntary market loss costs and assigned risk rates will skyrocket by as much as 19 percent. Meanwhile, underground coal mining will receive a drop in voluntary market loss costs of around 14.5 percent and will also get a 3.9 percent decrease in assigned risk rates.
The industrial and federal class will also see dramatic changes in rates. The changes are said to go into effect on April 1 of this year.
The Norfolk Personal Injury Lawyers with Lowell “The Hammer” Stanley acknowledge how complex the process of filing for workers’ compensation benefits can be an may be able to help if you have a claim you are preparing to file or have a claim that was denied in the past.
by actuate | January 7th, 2013
Jan. 7, 2013
The Consumer Product Safety Commission recently announced a recall on approximately 6,300 units of the Game Winner® crossbow cocking ropes. According to a press release from the agency, the ropes put users at serious risk of an injury.
The Game Winner® crossbow cocking ropes are used with a crossbow to help a shooter get a more firm grip on the crossbow string. They also help archers pull the string back to cock the bow for firing. The Norfolk Defective Product consists of a 50-inch long piece of black cord with two black plastic hooks and two handles attached to it. The units were sold at Academy Sports stores for a price of around $10 between June and Oct. 2012.
The string has been known to snap when pulled on, which has led to several individuals sustaining injuries. The CPSC has received four reports of the hooks on the rope breaking with three of those incidents resulting in a user sustaining some sort of laceration.
Anyone in possession of the affected ropes has been instructed to stop using them immediately and return them to the place of purchase for a full refund.
The Norfolk Personal Injury Lawyers with Lowell “The Hammer” Stanley know the dangers posed by defective products, and they would encourage anyone who has been injured by a defective product to speak with an attorney about their legal options.