The post Top 10 Mistakes to Avoid After Being In a Car Accident appeared first on MHK Attorneys.
]]>Have you been in a car accident? Watch out for the following mistakes:
Try your best to remain calm. Call police and request an ambulance. Check for injuries to all involved in the accident. And if people are injured, report those injuries to the investigating officer.
Obtain the other driver’s name, address, phone number, license plate number, make and model of car, driver’s license number, name of the owner of the car, and details about the insurance company. Also write down all names, addresses and phone numbers of other individuals involved and witnesses to the accident.
Do not discuss your car accident with anyone but the police. That includes your insurance adjuster. You may speak to your adjuster about your vehicle, but not about accident facts or your injuries.
While most injuries are apparent, some take time to appear. Do not make any rash judgments about your medical condition. Do not make any statements. If you seek medical care, make sure you tell the physician the symptoms you are having and the circumstances of the accident.
Your legal representative will need copies of the following documents: Accident report, property damage estimates, photos of the property damage and injuries, and declaration page from the insurance policy which insures the vehicle.
Every detail is important, and it is very easy to forget details during this stressful time. Take time to jot down on a daily basis descriptions of how the injury affects you and your family.
Most legal offices will assist you with forms sent to you by your health insurance provider. Check your policy to see if your provider qualifies to be paid back from a third-party reimbursement.
Be sure to notify them immediately, but do not talk to the insurance company or the person at fault.
Do not sign anything until you have discussed your situation with an attorney. Signing the wrong papers could mean you have settled for less than you deserve.
It takes time to resolve a case and negotiate a fair settlement.
Learn how to avoid other mistakes after a car accident. Contact us for a free copy of our book, 10 Biggest Secrets to Winning Your Pennsylvania Car Accident Case: A Guide for Injured Pennsylvania Drivers. Visit our Facebook page to connect with us.
MHK Attorneys offers free consultations for Car Accidents, Commercial Vehicle Accidents, Distracted Driver Accidents, DUI Accidents, Motorcycle Accidents, Multiple-Vehicle Accidents, Pedestrian Accidents and Truck Accidents.
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]]>The post Seven Mistakes That Can Wreck Your Workers’ Compensation Case appeared first on MHK Attorneys.
]]>Here is a preview of the contents of our free book, What Every Pennsylvania Worker Needs To Know About Their Workers’ Compensation Case. We will gladly send you your own copy upon request. In the meantime, here is an abbreviated version of Chapter One, which discusses seven mistakes to avoid. These mistakes, as follows, can actually wreck your workers’ compensation claim:
If you do not give notice soon after a workplace injury, your employer’s workers’ compensation carrier may claim that it was not work related. The more time goes by, the more difficult this can be to disprove.
Employers, naturally, do not want their employment compensation insurance rates to go up. You may have good rapport with your manager or boss, but your employer’s interests are not the same as your own. Rather, the employer seeks to minimize losses and maximize profits, in all likelihood. Your interests and well-being are not likely to be your employer’s top priority.
Many injured workers lose the opportunity to collect all workers’ compensation benefits they are entitled to for this one simple reason. If your medical provider is not well-informed about how your injury happened, insurance billing may not be done correctly. The doctor’s opinion and advice should be strong evidence for your claim. Without this key element in place, it can become difficult to impossible to get your workers’ comp claim in motion.
The most important reason this is wrong to do is that you may not recover as quickly and completely as you could if you followed your doctor’s advice. Also important: Your noncompliance with doctors’ orders may give the workers’ compensation carrier ammunition to use when delaying or denying your claim for compensation.
The insurance company is likely to be even less interested in actually helping you than your employer is. The bottom line for the insurer is to limit payout of claims whenever possible. Your interests and the insurance carrier’s interests are at odds, not in alignment.
While a workplace injury is a rarity for you, MHK Attorneys represents injured workers day in and day out. We are proficient and efficient in helping them recover compensation after an accident or after the onset of a chronic condition caused by work activity.
We are confident that an in-person meeting with one of our attorneys will quickly confirm that we are a good match for your own determination to obtain benefits you are eligible for after an injury on the job.
Injured workers throughout the Lehigh Valley rely on clear advice about what to do and not do when pursuing workers’ compensation benefits. Contact us on our website, send us an email or call 570-839-8050 – 570-839-8050 FREE to schedule a free consultation with a lawyer. If you’d like to connect, visit us on our Facebook page.
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]]>The post Will New PA DUI Laws on Repeat Offenses Result in Fewer Accidents? appeared first on MHK Attorneys.
]]>New PA DUI laws that stop repeat DUI offenders from avoiding proper punishment could help prevent alcohol-related accidents.
In late 2014, Pennsylvania lawmakers passed a bill to ensure that convicted drunk drivers are punished properly for repeat offenses. According to The Philadelphia Inquirer, the bill changed sentencing guidelines for repeat offenses and increased penalties for chemical test refusals. These changes should help address the threat of drunk driving accidents in Brodheadsville by keeping more repeat offenders off the road.
Before this bill passed, drivers who were arrested for DUI multiple times over short chronological periods weren’t always sentenced as repeat offenders. In 2009, the Pennsylvania Supreme Court ruled that drivers must be sentenced as first-time offenders before being charged as repeat offenders. This precedent allowed some repeat offenders to be charged as first-time offenders multiple times.
As an example, one Pennsylvania man was arrested five times within one year for DUI. During each arrest, the man registered a high blood alcohol concentration level. The man would have faced over 3 years in jail if he had been charged as a repeat offender in the last four offenses. However, he was instead charged with five first-time offenses, each carrying a sentence of just 10 days in jail.
Now, judges can consider multiple pending sentences and punish offenders more appropriately. The new law also has established steeper penalties for repeat offenders who refuse chemical testing. This removes any incentive for refusing chemical testing. Together, these changes should result in more offenders facing appropriate sanctions, including jail time and license suspension. This, in turn, may help deter future offenses and reduce DUI accidents.
These new PA DUI laws may also result in more convicted DUI offenders installing ignition interlock devices. According to the Pennsylvania Department of Transportation, ignition interlock device installation is mandatory after all second-time and higher offenses.
If more repeat offenders are charged as such and required to use ignition interlock devices, the safety benefits could be significant. Mothers Against Drunk Driving offers the following statistics to demonstrate the benefits of ignition interlock use:
Unfortunately, even if Pennsylvania law now addresses repeat offenses more effectively, first-time offenders still provide cause for concern. According to MADD, repeat offenders only play a role in about one-third of DUI arrests, accidents and deaths. Therefore, drunk drivers may still present a significant threat to motorists in Pennsylvania.
Anyone who has been hurt because of an intoxicated driver’s reckless actions should consider consulting with an attorney. A personal injury attorney may be able to help an accident victim better understand his or her legal rights and options. Book a consultation with us here.
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]]>The post Don’t Sign Anything After An On-The-Job Injury Without Legal Advice appeared first on MHK Attorneys.
]]>Workers who have been involved in an on-the-job injury and seek workers’ compensation benefits are often surprised and confused by many documents associated with their cases. Some request signatures and other information from claimants. Some must be filed with the state Bureau of Workers’ Compensation.
To protect your own best interests, consult with a lawyer at MHK Attorneys before signing or submitting any documents. It is all too easy to provide inaccurate information, make mistakes about what to do with a particular document or sign wrong documents. Handling any of these documents incorrectly can harm your case. Remember: Do not sign anything without the advice of an experienced attorney.
To avoid making costly mistakes, stay in close contact with your workers’ compensation attorney whenever you receive documents such as these. In particular, do not sign anything until you have clear direction from your lawyer.
Ask for our free book entitled What Every Pennsylvania Worker Needs To Know About Workers’ Compensation. If you’ve been involved in an on-the-job injury you can schedule a consultation with a lawyer at MHK Attorneys here or by calling 570-839-8050 – 570-839-8050 FREE. You can also connect with us via our Facebook page.
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]]>The post Study: Why Drivers Should Avoid Using Hands-Free Cellular Devices appeared first on MHK Attorneys.
]]>Although it is perfectly legal for drivers to talk on hand-held and hands-free cellular devices in Pennsylvania, researchers are urging motorists to refrain from using any type of cellular device while behind the wheel. According to the Governors Highway Safety Association, 14 states in the nation prohibit drivers from talking on hand-held cellphones. However, no state bans the use of hands-free devices. In fact, many drivers have started using hands free devices as a safe alternative to the hand-held variety. Studies show, however, that even hands free devices are dangerous for drivers to use.
While hands free cellphones eliminate both the manual and visual distractions that hand-held cellphones create, they are still a significant form of cognitive distraction. Engaging in any type of conversation over a hands-free cellphone removes a driver’s concentration and focus off of the road and increases the risk for a devastating motor vehicle accident.
In order to determine whether hands-free cellphones act as a significant source of cognitive distraction, researchers had study participants drive in a simulator, as well as a vehicle equipped with specialized monitors. While the participants were behind the wheel, they were asked to participate in a number of tasks. In addition to maintaining a conversation using a hands-free cellphone, people were asked to complete the following:
Researchers measured each person’s reaction time, response accuracy and mental workload to determine the amount of cognitive distraction he or she experienced while carrying out these tasks. The participant’s heart rate, blood pressure and brain activity were also measured using event-related brain potentials and electroencephalographs.
Study results showed that using a voice-activated device to compose an email created the most cognitive distraction for drivers. Using hands-free cellular devices while driving led to a moderate increase in mental distraction, which proved to be significant.
When you become involved in a serious auto accident caused by another person’s negligent actions, it can become overwhelming. Not only are you faced with issues like property damage and insurance claims, but you may have received debilitating injuries as well. A Pennsylvania lawyer may be helpful in answering your questions and exploring your legal options. You may even be entitled to compensation for your medical expenses, property damage, emotional trauma and lost wages from work. If you would like to book a consultation with an MHK attorney you can contact us here or visit us on our Facebook page.
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]]>The post How Drivers Can Stay Safe Around Tractor Trailers appeared first on MHK Attorneys.
]]>Countless tractor trailers traverse Pennsylvania roadways on a daily basis. Motorists in the state may be used to sharing the road with these massive vehicles. Yet, many may be unaware of the dangers these big rigs impose. Large trucks operated by drunk, distracted, drowsy or otherwise negligent truckers can spell disaster for smaller vehicles. Bad road conditions, inclement weather, slowed traffic, equipment malfunction and motorists’ erratic driving behaviors can also increase the risk of a serious truck accident. In order to prevent these tragic accidents from occurring, drivers should know how to share the road with tractor trailers. They should also know what to do if they are faced with a hazardous situation involving a large truck.
According to State Farm, drivers should use the following safe driving practices when traveling alongside large trucks:
Equipment malfunctions, such as faulty brakes, tires, lights and other pieces of safety equipment, may occur. Drivers should be on the lookout for any signs that something is wrong.
The rate of large truck fatalities in the U.S. has been on the rise, from 3,211 deaths in 2009 to 3,906 fatalities in 2013. Pennsylvania has also seen an increase in large truck accident deaths from 131 in 2009 to 175 in 2012. The death rate dropped, however, to 170 in 2013. Some people attribute the increasing rate of death to negligent truck drivers. Yet, trucking companies who employ negligent, unqualified and otherwise delinquent truckers may also be to blame. The American Trucking Association warns motorists that the number of tractor trailers on the road is expected to grow due to an influx in freight, according to NBC News. This could mean more accidents in years to come.
Large trucks can cause massive destruction when involved in an accident. People who are involved may receive serious injuries, such as spinal cord damage, traumatic brain injuries, loss of limbs, broken bones or paralysis. These injuries can affect the rest of your life, making it hard for you to return to work and engage in the activities you love. A personal injury attorney in Pennsylvania may be able to assist you by answering your legal questions and pointing you in the right direction. You may book a consultation with an MHK attorney here or visit our Facebook page for more information.
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]]>The post Pennsylvania Boy Struck Walking to School Highlights Child Pedestrian Dangers appeared first on MHK Attorneys.
]]>Children may be at risk walking to and from school this season. It is not uncommon for drivers to fail to watch out for a child pedestrian.
There can hardly be a worse nightmare for parents than finding out their child has been injured or killed in a car accident. Unfortunately, for many parents in Pennsylvania every year, this nightmare comes true. With school having started, children who walk to and from school or their bus stops may face dangers from nearby traffic.
The National Highway Traffic Safety Administration reported 4,743 pedestrian deaths across the country in 2012. Out of these, 5 percent involved children ages 14 and under. Children are especially at risk of being hit by cars; over 22 percent of all child fatalities due to traffic accidents were pedestrian accidents.
Schools and school routes factor heavily in many of these accidents. A recent tragedy involving a 15-year-old student in McKeesport drove this point home. WPXI News reported that the boy was struck and killed by a school bus while he crossed the street in front of his school. Neighborhood residents, concerned about the ongoing danger in that area, yet failing to convince officials to assign crossing guards, are now taking it upon themselves to help children cross the street near the school. They cited another tragedy last year in which a 14-year-old girl was killed by a dump truck while crossing the street in the same area.
More children are hit near schools than anywhere else, states the National Safety Council. Some of the factors related to child pedestrian accidents include the following:
The chances of a child being seriously injured or killed in a pedestrian accident are high, according to the National Center for Biotechnology Information. These injuries frequently include traumatic brain injuries, broken bones, lacerations, pelvic and abdominal injuries and internal bleeding.
If your child is injured in a pedestrian accident, you may be facing overwhelming medical bills in addition to a lengthy recovery time and possible lifelong disabilities. You will need to contact an experienced personal injury attorney in Pennsylvania as soon as possible after the accident to determine if you may be eligible for compensation. You may reach an MHK attorney here or connect with us via our Facebook page.
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]]>The post What Your Doctor Needs To Know About Your Workplace Injury appeared first on MHK Attorneys.
]]>Keep in mind as you pursue workers’ compensation benefits: Your doctor needs to know all about your workplace injury and how it happened. What you tell him or her will end up in your medical records. What you do not tell him or her may be ignored — and may be used as evidence that an injury was not actually work related.
In particular, your doctor needs to know at every visit (not just during your first visit):
Your doctor should be reminded that it is a work-related injury. Once your doctor understands you are coping with a workplace injury, he or she will know that the workers’ compensation insurer should receive the bills, rather than your private insurance. Getting this straight from the beginning can save trouble for the duration of your case.
You should articulate all your aches and pains clearly, every time. If you do not speak up and get your symptoms and their work-related causes described by a doctor in your medical records, you may be setting the stage for a denial of your workers’ compensation claim.
Following doctors’ requirements and recommendations is critical for any injury claim, including workers’ compensation claims. If your doctor has directed you to get diagnostic tests, such as an MRI or an EMG, or to get physical therapy, follow through.
For best results getting your medical bills paid after a workplace injury, work closely with a workers’ compensation attorney at every step of the process of pursuing benefits. MHK Attorneys in Pennsylvania serves injured workers throughout the Lehigh Valley, including Monroe County.
For more information, we invite you to view our YouTube video about workplace injuries and our law practice. You may also request a free copy of our book, What Every Pennsylvania Worker Needs To Know About Workers’ Compensation. See pages 12 and 13 for specific advice on how to discuss your on-the-job injury with your doctor.
Don’t wait until you receive our book to talk to an attorney. Schedule a free consultation with one of our lawyers at MHK Attorneys here or by calling 570-839-8050 or 570-839-8050 FREE.
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]]>The post Scaffolding Accidents: What You Need to Know appeared first on MHK Attorneys.
]]>Every day throughout the country, employees use scaffolding to work at heights. For example, bricklayers use this equipment on buildings of all sizes. While there is no denying the many benefits of scaffolding, here is something you need to keep in mind: It can be extremely dangerous. All it takes is one mistake by one person to cause an accident. And scaffolding accidents can cause serious injury or even death.
Take for example scaffolding that has been poorly maintained or incorrectly assembled. In either case, the equipment may not be able to stand up to the rigors of the job. If it fails for any reason, anybody standing on or in close proximity to the scaffolding could be injured.
Did you know there are also times when scaffolding can be considered defective? The problem with this is that employers and workers don’t often know this is a problem. Instead, they use the equipment thinking that it is in good working condition.
If you are involved in a scaffolding accident, don’t wait to receive medical attention. Also, make it clear to your employer that you were injured on the job.
Once you are in position to do so, we are here to answer all your questions related to your accident and legal rights. For example, you may be able to obtain benefits by filing a claim against the manufacturer.
If you want to learn more about scaffolding accidents and other workplace injuries, including your rights, you can visit our website, Facebook page, or book a personal consultation with an MHK attorney.
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]]>The post Federal Safety Agency Investigating NEPA Amputation Accident appeared first on MHK Attorneys.
]]>A man from northeastern Pennsylvania was seriously injured at a Walmart Distribution Center last month. The industrial accident occurred on Dec. 30 last year at the distribution center in Tobyhanna, Pennsylvania. Now, investigators with the Occupational Safety and Health Administration are looking for answers to this amputation accident in NEPA.
According to the operations director at the Pocono Mountain Regional Ambulance, the victim, who has not been identified, is still hospitalized. His arm was transported on ice to the Geisinger-Community Medical Center in Scranton, Pennsylvania.
An individual with the Wilkes-Barre Area Office of OSHA confirmed that the incident is under investigation. OSHA is responsible for setting and enforcing safety regulations in the workplace. It has jurisdiction over employees in the private sector, like Walmart, but not over those who work for the government, who are self-employed or who work on family farms.
The investigation will include photographs of the work site area, witness interviews and a search for issues that can be addressed so future incidents can be prevented.
Employers have a responsibility to their employees to provide a safe workplace. This can include everything from keeping the floors free from water to providing personal protection equipment to employees. While OSHA does not investigate every accident, it does investigate those that result in serious injury or death. Employers can be fined if it is determined that the regulations were not being implemented or followed.
If you or a loved one are injured in a workplace accident, you have a right to seek workers’ compensation benefits. If your claim is denied, an experienced workers’ compensation attorney can help you appeal that decision. Book a free consultation by reaching out to us on our Contact page.
Source: Philly Voice, “OSHA investigates after Pa. man loses arm at Walmart Distribution Center,” Michael Tanenbaum, Jan. 06, 2016
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