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Needless Infant and Toddler Deaths Caused by Positional Asphyxiation May Be Avoided

Experienced Attorney Positional asphyxia (PA) occurs when the body is posed in a fixed position that causes upper airways to become blocked. Many of the known concerns with SIDS deaths share similar causes with positional asphyxia. Although a person of any age may die or suffer brain damage when oxygen fails to reach the brain, every year too many infants and toddlers unnecessarily lose their lives from suffocation caused by the improper use of equipment such as car seats, strollers, swings, bouncy seats and baby carriers and the inattentiveness of the caretaker. Positional asphyxia may occur when a baby’s head is flexed in a forward position, or when their chin rests upon their chest. Newborns and premature babies are at the greatest risk for PA because their neck muscles don’t have the strength to shift and reposition. Toddlers and infants suffering from a cold or allergies are also vulnerable to airway obstruction. Nursery devices and car seats are designed to make baby safe, secure and happy while giving mom or dad a free hand. Used incorrectly, tragedies can and do occur. Instances of positional asphyxiation happen when the manufacturer’s directions are not followed. A 2015 study revealed that 69% of all families with newborns left the car seat straps too loose. One wrongful death attorney Indianapolis, IN respects states, “Unless the infant is comfortably but snugly restrained in an upright position with chin forward, a baby is at risk for both positional asphyxiation and injuries sustained in an automobile accident.” In 2008, the Consumer Product Safety Commission reported that 48% of car seat infant deaths resulted from positional asphyxia. Car seat PA not only occurs in automobiles, but can happen when baby is allowed to sleep in the carrier after the ride is over. In 2017, a daycare provider allowed an infant to sleep in a car seat, with tragic consequences. She restrained the child with a loosened chest belt and it is believed that the infant slid down and strangled after the provider left the room for a brief time. The authors of a study published in the Journal of Pediatrics have stated that most positional asphyxia infant deaths could have been avoided if the devices had been used correctly and the infant adequately supervised. If a loved one or someone you know suffered an injury or died while under the protection of another adult or daycare provider,...
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The Intention of Workers Compensation Benefits

Experienced Attorney Those who have suffered an injury or illness because of a job task or environment, may have plenty of questions about how their employer may help. If the company you work for has a workers compensation program established, then you may be able to receive coverage for medical treatments. As soon as the incident happens, it is vital that you inform your employer right away to report what happened and see a doctor promptly if needed. What is the overall intention of workers compensation programs? Workers compensation programs were created to lessen the chances of a dispute arising between workers and employer over a work-related injury or illness. In general, these programs operate under a “no-fault” perspective, where it does not matter who was responsible for the accident happening. However, it is important to note that there may be instances where an employee’s workers compensation claim is denied. Here are a few exceptions where an employee does not receive benefits: The injury was caused due to self-infliction The injury was caused due to the employee being intoxicated or under the influence of an illegal substance The injury was caused due to a coworker attacking you for personal reasons The injury was caused due to the employee breaking a law at the time Can I sue my employer for the workplace accident? In most cases, an employee cannot take legal action against their employer for the workplace accident, due to receiving benefits through the workers compensation program. Both the employee and employer have given up some rights when the compensation program was instituted. But, there are a couple circumstances that may permit an employee to file a lawsuit:    Your injury or illness was caused due to defective product, where you may want to file a personal injury lawsuit against the manufacturer Your injury or illness was caused due to a personal matter with a coworker, where you may want to file a civil or criminal lawsuit against them Those who are unsure whether they can take legal action regarding their workplace accident, may want to meet with an attorney for guidance. Workers compensation cases can become complicated very quickly, so it can help to have a legal professional supporting you. Are all workers regardless of career field able to receive workers comp? No, not every worker is entitled to workers compensation benefits. Depending on the nature of...
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How Do I Know If I Qualify for Workers’ Compensation Benefits?

Experienced Attorney If you have been hurt at work, you may be wondering whether you qualify for workers’ compensation benefits. Even if you know that you qualify, you may be wondering what kind of benefits to which you may be entitled. It is important to remember that the best resource you have to answer these questions is a competent and experienced St. Lucie County workers compensation lawyer. In the meantime, however, consider these frequently asked questions and answers: What is workers’ compensation? Workers’ compensation is a type of insurance that your employer carries that will pay monetary compensation to employees who are injured on the job. Workers’ compensation plans are a way to protect employees who may be injured on the job, but whose employers may not be able to pay out-of-pocket to compensate the employee for his or her injury. Federal and state law require most employers to carry workers’ compensation insurance for this reason. The workers’ compensation process is also largely administrative, meaning that you do not need to file a lawsuit, reducing the cost for both you and your employer for resolving workplace injury claims. Do all employers have to offer workers’ compensation? The short answer is, “no,” however most employers are required to carry it. State and federal law outlines which employers must provide workers’ compensation benefits to employees. Generally speaking, if an employer hires more than five employees, the employer must provide workers’ compensation benefits. Federal and state law further lay out guidelines for what minimum coverage the workers’ compensation policy must provide. A qualified workers’ compensation attorney can help you evaluate your employment situation to determine whether your employer does or should offer you benefits under a workers’ compensation policy. Does my injury qualify as a workplace injury? If you were injured at your workplace or while out of the workplace, but while completing tasks within the scope of your employment, any injury you suffered during this time is likely covered by your employers’ workers’ compensation policy. There are some exceptions, however, such as if you were under the influence of drugs or alcohol at the time of your injury, or if the injury was self-inflicted. Note, this question is highly dependent on the facts of your case and may require the analysis of a qualified workers’ compensation attorney to determine your eligibility. What kind of benefits can I recover? This question is,...
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What to Do If You Are A Hit and Run Accident Victim 

Experienced Attorney A car accident is an unfortunate, stressful incident that many drivers will have to face at some point in their life. A car accident is complicated enough even when both parties have insurance and exchange information. What happens though, when the other party flees the scene? You may think that hit and run accidents are rare, but they account for eleven percent of all traffic incidents and that number is on the rise. Some insurance policies do not cover this type of incident, so it is important to know your rights following a hit and run accident.   The most important thing to remember in a hit and run accident is to stay at the scene of the accident and call the police. It may be tempting to chase after the other vehicle, but this will only put you and other drivers at risk. You should try and take down as much information about the other vehicle as possible including color, make, model, license plate and the direction the vehicle was heading. The more details you have, the better the chance is that a police officer will be able to locate the other driver.  Most states have a law that requires all drivers remain on scene at an accident. Drivers have a duty of care following a car accident that include responsibilities like sharing insurance information and alerting emergency services if someone is injured. If a person breaches this duty of care, it comes with serious consequences both criminally and civilly. Depending on the severity of the accident and if any injuries were sustained, leaving the scene of an accident can be either a misdemeanor or felony charge. In addition to the criminal charge, in the injured party can file a lawsuit to recover damages as a result of the other party’s negligence and criminal actions. Damages recovered can include medical bills and vehicle repairs. In these situations, the injured party can sometimes collect punitive damages as well. Punitive damages are a way to punish the offending party for their reckless behavior and harm they caused. If the offending party is convicted in criminal court, it will strengthen the civil case. It is important to consult an experienced attorney who can help build a case to recover damages from a hit and run accident. Unfortunately, in some hit and run accidents, the other party cannot be located. This results in the...
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