Secure the Workers’ Compensation Benefits to which You are Legally Entitled

Secure the Workers’ Compensation Benefits to which You are Legally Entitled

Since the emergence of functional employment testing firms during the early 1990s, employers who have sought its services have all experienced decreased turnover, increased worker productivity, safer work environment, reductions in lost time, diminished incidence of fraud and abuse, reduction in group health costs, and reduced modifier rates and workers’ compensation premium (some firms have enjoyed cutbacks in workers’ compensation claims that amount to millions of dollars and, for many employers, work-related accidents and injuries are no longer major concerns, allowing them to focus more on production and profit earning).

Functional employment testing companies offer various types of services, including Pre-employment Testing, Pre-employment Post-Offer Testing and Functional Capacity Evaluation (FCE), and Post-employment Testing. After sorting through job applicants’ files and zeroing in on just one who is the most qualified, pre-employment testing (which will require applicant to do the duties associated with the job) will show how this chosen candidate will perform under pressure and certain circumstances, even before he/she is actually given the final offer and starts work.

Equally helpful for employers is Post-Employment Testing, as this provides them with insight when determining which task any given employee is fit to perform.

“There are several types of post-employment screening tests, such as agility tests and upper quadrant, carpal tunnel tests. These tests are meant to gauge an employee’s ability to perform physical labor. Getting results for these tests can be beneficial for numerous reasons, including:

  • Better understanding of employees’ physical abilities
  • Knowledge of employees’ productivity levels
  • Ability to ascertain if changes need to be made

Many employers are financially affected by the high cost of workers’ compensation premiums that they need every year. This high cost is due to the frequency of accidents in the workplace, many of which resulting to severe injuries or employee death.

In relation to workplace accidents, the law firm Scudder & Hedrick, PLLC, says, “Despite numerous advances in occupational safety over the past four decades, an estimated 4 million Americans still suffer from workplace injuries every year. These individuals often have to cope with a variety of damages as a result of their injuries, including the high cost of medical care, the loss of income as a result of time spent away from their jobs, and the pain and suffering of their injuries. Fortunately, however, workers’ compensation benefits can help to alleviate some of these consequences.”

With the help of a seasoned and determined workers’ compensation lawyer, you or someone you know, who has suffered a workplace injury, may be able to secure the workers’ compensation benefits to which you are legally entitled.

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Placing the Blame on Truck Drivers and/or Trucking Firms during Truck Accidents

Every year, semi-trucks or big rigs transport close to 70% of all goods in the U.S., (this includes raw materials and finished products) from manufacturing plants to distribution centers. This flow of business creates about $671 billion; it helps keep the U.S. economy alive, as well as clearly show the major role played by semi-trucks in the nation’s economy – major reasons why, despite being threats on roads and highways, truck operation will continue to go on.

Of the more than 15 million trucks operating in the US., about two million are semi-trucks. Due to their very large size and very heavy weight, these can cause major property damage and serious or fatal injuries in the event of accidents. For this reason, the federal government requires that those who will operate a truck should have a commercial driver’s license (CDL), which can be earned only after going through a special training and education, and a series of tests that deal with the proper operation and handling of this types of vehicle.

Once a driver earns a CDL, he/she and his/her employer are expected to comply with all federal laws enforced by the Federal Motor Carrier Safety Administration (FMCSA) and Department of Transportation. A few of these laws, which are meant to ensure the safe operation of trucks and the avoidance of road crashes, include:

  • Regular maintenance checks on trucks;
  • Use of standard parts, especially the tires and brakes;
  • Strict observance of the hours of service, which is the maximum number or driving hours drivers are allowed to drive, and the required number of hours of rest;

Despite all the laws, truck accident continue to amount to 500,000 every year, causing injury to more than 100,000 individuals and killing, at least, 4,000 others. Many studies show that fault in truck accidents can be blamed on drivers of smaller vehicles most of the time; however, this finding is contrary to the FMCSA’s own findings, which show that at least 90% of accidents, where trucks are involved, are the fault of truck drivers.

Factors that often contribute to truck accidents are truck driver fatigue, driving too fast for road conditions, impairment due to prescription or over-the-counter-drugs, not being familiar with the road or the truck, inattention and driving distractions, improper way of attaching the trailer, failure to double-check blind spots, and failure to ensure that the brakes are in good working condition.
As pointed out by Wausau injuries lawyers, truck accidents, far more than other types of automotive accidents, can often result in catastrophic or even fatal injuries, causing victims and their loved ones to face devastating consequences. This is why it is often possible for those who have been injured in a truck accident to take legal action against the party responsible for their suffering. Proving that a truck driver or a trucking company is liable in an accident will never be easy, however, with help from a seasoned personal injury lawyer, proving this, as well as pursuing compensation may be more possible.

The Disfiguring Side-effect of Taxotere

Breast cancer is the most common form of cancer women in the U.S. suffer from. Every year, 183,000 to 300,000 new cases are diagnosed, while close to 45,000 die. About 50% of breast cancer patients who are successfully treated for the first time are most likely to suffer a relapse. When cancer recurs, the cancer cells usually metastasizes or spreads to the liver or bone, or other areas beyond the breast. For women aged between 40 and 55, metastatic breast cancer is the leading cause of death.

On August 19, 2004, the U.S. Food and Drug Administration (FDA) approved Taxotere Injection Concentrate, or TAC regimen, for the post surgery treatment of patients with operable, node-positive breast cancer. This TAC regimen is formulated to help reduce risk of breast cancer relapse.

Taxotere is an intravenous chemotherapy drug that is manufactured and marketed by Sanofi-Aventis; it was first approved by the Food and Drug Administration in 1996 for treatment of breast cancer. Compared to another chemotherapy drug in its class, Paclitaxel, specifically, requires treatment every week; Taxotere’s treatment plan, on the other hand, is once every three weeks, which means less often trip to the doctor’s clinic – a more attractive and convenient set up for patients. Due to this, doctors rather prescribe Taxotere to patients despite the fact that Paclitaxel is just as effective.

Taxotere, however, is linked to one disfiguring side effect: permanent alopecia or permanent hair loss.

Hair loss is an expected consequence of chemotherapy treatment. Patients, who undergo chemotherapy, though, can expect their hair to grow back within three to six weeks after treatment has stopped. In the case of women who underwent treatment with Taxotere, however, hair loss was not temporary; it was permanent. What actually angers affected women is the absence of warning regarding the drug’s side-effect; otherwise, they could have made an informed choice.

What angers many of these women and their families is that they were never properly warned of the risk so they could make an informed choice. As a result, lawsuits now are faced by Sanofi-Aventis. These lawsuits claim several legal actions, two of which are selling the drug without disclosing its dangers or risks and concealing information from the public.

More than just a constant reminder of their struggle with breast cancer, this permanent hair loss caused by Taxotere has greatly affected the quality of life of many women, specifically causing negative effects in their social, professional and sexual relationships.

In the website of the Williams Kherkher law firm, it is said that Taxotere’s manufacturers knew about the possibility of permanent alopecia in users as early as the 1990s, yet deliberately concealed it to downplay its risks. To make sure that the drug’s sales will continue to increase, its manufacturers gave incentives to doctors to make sure that they will continue prescribing the drug to unsuspecting breast cancer patients.