MHK Attorneys

Can You Get Workers’ Compensation for an Injury That Gets Worse Over Time in Pennsylvania?

Mon, 14 Sep 2026 15:06:00 GMT

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Estate Planning for Blended Families in Pennsylvania: What You Need to Know

Tue, 18 Aug 2026 18:44:00 GMT

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What Happens If the Driver Who Hit You Has No Insurance in Pennsylvania?

Tue, 18 Aug 2026 17:22:00 GMT

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When Should You Update Your Estate Plan?

Wed, 29 Jul 2026 18:57:00 GMT

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5 Common Estate Planning Mistakes Families Can Avoid

Wed, 29 Jul 2026 18:36:00 GMT

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Do You Need a Will or a Trust? Understanding the Difference

Wed, 29 Jul 2026 17:51:00 GMT

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Legal Options for Protecting Inheritance Funds from an Adult Child’s Future Creditors

Tue, 30 Jun 2026 16:06:00 GMT

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Creating an Advanced Healthcare Directive and Living Will for End-of-Life Decisions

Tue, 30 Jun 2026 13:49:00 GMT

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Understanding the Pennsylvania Inheritance Tax: Rates, Rules, and Exemptions

Thu, 28 May 2026 17:03:00 GMT

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How Pre-Existing Medical Conditions Affect Your New Personal Injury Case

Thu, 28 May 2026 16:50:00 GMT

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VA Hospital Negligence: Navigating the Federal Tort Claims Act (FTCA)

Thu, 30 Apr 2026 20:30:00 GMT

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Traumatic Brain Injuries (TBI): The Long-Term Costs of “Invisible” Injuries

Thu, 30 Apr 2026 19:48:00 GMT

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Healthcare Directives: Appointing a Medical Proxy You Can Trust

Wed, 01 Apr 2026 19:46:00 GMT

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How to Protect a Loved One in a Nursing Home with Smart Estate Planning

Wed, 01 Apr 2026 19:19:00 GMT

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Protecting Your Settlement From Creditors: The Role of Domestic Asset Protection Trusts

Wed, 11 Feb 2026 07:00:00 GMT

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How to Read a Police Report After a Car Accident

Fri, 06 Feb 2026 07:00:00 GMT

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The Anatomy of a Lawsuit: What to Expect From Filing to Settlement

Sun, 01 Feb 2026 07:00:00 GMT

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Can I Sue if a Snow Plow Damaged My Vehicle or Property?

Mon, 19 Jan 2026 08:00:00 GMT

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What Is Considered a Winter Weather-Related Personal Injury?

Thu, 15 Jan 2026 16:12:00 GMT

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What Legal Documents Should Be Reviewed in January?

Tue, 23 Dec 2025 13:35:00 GMT

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What Estate Planning Documents Should You Have Going Into 2026?

Tue, 23 Dec 2025 13:18:00 GMT

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Can You File a Lawsuit if Your Child Falls at School Due to Ice?

Mon, 01 Dec 2025 15:37:00 GMT

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Can You File a Personal Injury Claim After a Black Friday Accident?

Wed, 12 Nov 2025 18:57:00 GMT

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Can I File a Claim for a Snow-Related Personal Injury in Pennsylvania?

Thu, 23 Oct 2025 20:50:00 GMT

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Why Is Winter the Best Time to Update Your Estate Plan?

Thu, 23 Oct 2025 20:25:00 GMT

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What Are My Rights if I Fall Inside a Store Due to Wet Floors?

Thu, 23 Oct 2025 19:54:00 GMT

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Can Temporary Workers File for Workers’ Compensation?

Tue, 16 Sep 2025 20:54:00 GMT

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What Happens if I’m Injured on Public Property?

Wed, 03 Sep 2025 15:43:00 GMT

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Are Dog Owners Automatically Liable for Bites?

Thu, 28 Aug 2025 19:35:00 GMT

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Can I Be Fired for Filing a Workers’ Compensation Claim?

Thu, 28 Aug 2025 19:23:00 GMT

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What Damages Can I Recover in a Personal Injury Lawsuit?

Thu, 28 Aug 2025 19:01:00 GMT

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How Long Can You Be on Workers’ Compensation?

Thu, 31 Jul 2025 15:46:00 GMT

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Top 5 Personal Injury Claims That Often Go Undetected

Tue, 29 Jul 2025 18:32:00 GMT

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What Happens If Someone Dies Without a Will in PA?

Wed, 25 Jun 2025 18:42:00 GMT

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How Can I Determine If I Have a Valid Personal Injury Claim?

Wed, 25 Jun 2025 14:56:00 GMT

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Can I Choose My Own Doctor for a Work-Related Injury?

Wed, 25 Jun 2025 13:17:00 GMT

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How Often Should You Update Your Estate Plan?

Tue, 03 Jun 2025 14:43:00 GMT

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Can You Sue for Emotional Distress After an Accident?

Tue, 03 Jun 2025 14:14:00 GMT

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Springtime Accidents: Common Personal Injury Claims This Season

Thu, 01 May 2025 11:26:00 GMT

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Wills vs Trusts Which is Best for Your Estate Plan

Thu, 01 May 2025 11:10:00 GMT

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Brain Injuries After an Accident: Legal Considerations

Mon, 17 Mar 2025 18:35:00 GMT

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Slip and Fall Injuries: Who Is Liable?

Fri, 07 Mar 2025 20:28:00 GMT

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How to Include Digital Assets in Your Estate Plan

Mon, 20 Jan 2025 20:24:00 GMT

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Special Considerations for Creating an Estate Plan in 2025

Fri, 10 Jan 2025 20:49:00 GMT

Estate planning is a crucial step in ensuring your assets are managed according to your wishes after you pass away. As we approach 2025, several changes and updates in the estate planning landscape necessitate a fresh look at your current plan or the creation of a new one. This comprehensive guide will walk you through the essential considerations and steps to effectively create an estate plan for 2025.

Understanding Estate Planning

Estate planning involves more than just drafting a will . It’s about organizing your assets and planning for their distribution, minimizing taxes, and ensuring your loved ones are cared for.

Here are some of the key components:

What is the Purpose of Making an Estate Plan?

An estate plan serves several purposes:

It ensures your assets are distributed according to your wishes.
It minimizes the taxes your estate may owe.
It designates guardians for minor children or dependents.
It establishes healthcare directives if you become incapacitated.

What is a Contingent Beneficiary?

A contingent beneficiary is someone who receives the benefits of an estate if the primary beneficiary cannot. Designating a contingent beneficiary ensures that your assets are distributed even if unforeseen circumstances prevent your primary beneficiary from accepting them.

Key Considerations for Estate Planning in 2025

As we move into 2025, several factors and potential legislative changes could affect your estate plan. Here are the most critical ones to keep in mind:

Estate Tax Rates 2025

Understanding estate tax rates is essential for effective estate planning. In 2025, the federal estate tax exemption is expected to remain high, but it’s crucial to monitor any changes that Congress might implement. Staying informed about these rates can help you adjust your estate plan to minimize tax liability.

Digital Assets

With the increase in digital assets , such as cryptocurrencies , online accounts, and digital photos, it’s important to include these in your estate plan. Make sure to list all your digital assets and include instructions on how they should be managed.

Healthcare Directives and Powers of Attorney

Healthcare directives and powers of attorney are vital components of an estate plan. They ensure that your healthcare wishes are respected and that someone you trust can make decisions on your behalf if you become unable to do so.

Creating an Estate Planning Checklist

A checklist can help you organize the estate planning process, ensuring no important details are overlooked. Here’s a basic estate planning checklist for 2025:

1. Inventory Your Assets

List all physical and digital assets.
Determine the value of each asset.

2. Designate Beneficiaries

Assign primary and contingent beneficiaries for each asset.
Update beneficiaries as needed.

3. Draft Essential Documents

Will: Outlines the distribution of your assets.
Trust: Manages and protects assets for beneficiaries.
Powers of Attorney: Designates someone to make decisions on your behalf.
Healthcare Directive: States your medical treatment preferences.

4. Review Estate Tax Laws

Stay updated on federal and state estate tax laws.
Consult with a tax professional to minimize tax liability .

5. Update Regularly

Review and update your estate plan every few years or after major life changes (e.g., marriage, divorce, birth of a child).

The Role of Professionals in Estate Planning

Estate planning can be complex, and working with professionals can ensure everything is in order. Here’s who you might need:

Estate Planning Attorney

An estate planning attorney can help draft your estate documents, ensure legal compliance, and provide guidance on complex issues.

Financial Planner

A financial planner can assist in evaluating your assets, advising on investments, and ensuring your financial goals align with your estate plan.

Tax Advisor

A tax advisor can offer insights into estate tax laws and strategies to minimize taxes on your estate.

Common Mistakes to Avoid in Estate Planning

Even with a plan in place, certain pitfalls can disrupt your estate planning. Here are some common mistakes to avoid:

Not Updating Your Plan

Failing to update your estate plan can lead to outdated information and unintended asset distribution. Regularly reviewing your plan is crucial.

Overlooking Digital Assets

Digital assets are often overlooked, yet they hold value and should be included in your estate planning efforts.

Ignoring State Laws

Estate planning laws can vary by state. Ensure your plan complies with state-specific regulations.

Conclusion

In conclusion, a well-crafted estate plan is essential for protecting your assets and ensuring your wishes are honored after your passing. At MHK Attorneys , we understand the unique challenges and considerations of estate planning in 2025, including changes in estate tax rates and the importance of digital assets. By being proactive and informed, you can avoid common pitfalls and create a robust plan.

We encourage you to consult with our experienced team to navigate the complexities of estate planning. With our expert guidance, you can tailor a strategy that meets your specific needs and secures your legacy.

Don’t leave your future to chance. Contact MHK Attorneys today to start building your comprehensive estate plan and ensure your loved ones are protected!

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Why Year-End Is the Perfect Time to Review Your Estate Plan

Wed, 01 Jan 2025 20:42:00 GMT

As the year draws to a close, it’s a time for reflection and planning for the future. Among the many things you might consider, reviewing your estate plan should be a priority. This ensures that your wishes are clearly documented and can help avoid potential legal complications for your loved ones down the road.

Understanding the Basics of Estate Planning

Estate planning involves creating a plan for the management and distribution of your assets after your death. It includes documents like wills, trusts, powers of attorney, and healthcare directives. These tools help ensure your wishes are honored and can reduce the burden on your family.

What Is Considered an Estate?

Your estate encompasses everything you own—real estate, cars, bank accounts, investments, and personal possessions. Even if you think you don’t have much, creating an estate plan is crucial. It provides clarity and direction, preventing potential conflicts among heirs .

Key Estate Documents

An effective estate plan includes several key documents:

Will : Outlines how your assets will be distributed and who will care for any minor children.
Trust : Allows you to specify how your assets are managed and distributed, often providing tax benefits.
Power of Attorney : Appoints someone to make financial decisions on your behalf if you’re unable to do so.
Healthcare Directive : Specifies your medical care preferences if you’re unable to communicate them.

Why Review Your Estate Plan Annually?

Life is full of changes, and your estate plan should reflect these. Reviewing your plan at the end of each year allows you to account for any major life events that could affect your wishes.

Changes in Family Dynamics

Events such as marriages, divorces, births, or deaths can significantly impact your estate plan. For example, you might want to add a new child or grandchild as a beneficiary or remove an ex-spouse.

Changes in Financial Situation

Significant changes in your financial status—like acquiring a new property, starting a business, or receiving an inheritance —should prompt a review of your estate plan. This ensures that your assets are properly allocated and managed.

Legal and Tax Considerations

Laws regarding estates and taxes can change. By reviewing your plan annually, you can ensure compliance with current laws and potentially minimize tax liabilities for your heirs.

Estate Planning Tips

Here are some tips to keep in mind when reviewing your estate plan:

Keep Your Plan Updated

Regular updates help ensure your estate plan reflects your current circumstances and wishes. This prevents disputes and ensures a smooth transition of assets.

Communicate with Your Family

Discussing your estate plan with your family can prevent misunderstandings and conflicts after your passing. It also provides an opportunity to explain your decisions and the reasons behind them.

Consult with Professionals

Consider seeking advice from estate planning professionals , such as lawyers or financial advisors. They can provide insights into legal requirements, tax implications, and the best strategies for your situation.

How Much Does a Trust Cost?

The cost of setting up a trust can vary widely based on complexity and location. On average, a simple trust can range from $1,000 to $3,000, while more complex trusts can exceed $5,000. However, the benefits—such as avoiding probate and ensuring asset management according to your wishes—often outweigh the costs.

How to Open an Estate Account

An estate account is essential for managing a deceased person’s assets. Here’s a simple guide:

Obtain a Death Certificate : You’ll need this to prove the individual has passed away.
Appoint an Executor: This person will manage the estate.
Apply for an Employer Identification Number (EIN) : Required to open the estate account.
Open the Account: With the death certificate, EIN, and other necessary documents, visit a bank to open the account.

Estate Planning Trust

A trust can be an effective tool in estate planning, offering benefits such as avoiding probate, managing assets, and providing for beneficiaries according to specific conditions.

Types of Trusts

Revocable Trust : Can be altered or revoked during the grantor’s lifetime.
Irrevocable Trust : Cannot be changed once established, offering potential tax benefits.
Living Trust : Created during the grantor’s lifetime, managing assets before and after death.

Wills, Trusts, and Estates

Together, these elements form the foundation of a comprehensive estate plan. They ensure your assets are managed and distributed according to your wishes, providing peace of mind for you and your family.

Legal Succession

Legal succession refers to the order in which heirs inherit from a deceased individual without a will. Typically, assets are distributed to the closest relatives, like a spouse or children. However, having a will or trust in place can prevent reliance on default legal succession, ensuring your specific wishes are followed.

Estate Planning Guidelines

To effectively manage your estate, consider these guidelines:

Start Early: The sooner you begin, the better you can prepare for unforeseen events.
Review Regularly: An annual review helps keep your plan current.
Seek Professional Advice: Professionals can provide valuable guidance tailored to your situation.

Conclusion

As we approach the end of the year, MHK Attorneys emphasize the importance of reviewing your estate plan. Ensuring your estate documents accurately reflect your current wishes is crucial for providing clarity and security for you and your loved ones. Whether you need to adjust your plan based on life changes, financial shifts, or new legal considerations, taking the time to review your estate plan is a vital step in effective estate planning.

Don’t leave your future to chance—make it a priority this year. Contact MHK Attorneys today for a comprehensive estate plan review. Our experienced team is ready to help you navigate the complexities of estate planning and provide peace of mind for you and your family. Call us now or view our Estate Planning services to get started!

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How to Handle Debts and Liabilities During Estate Administration

Mon, 23 Dec 2024 17:31:00 GMT

Estate administration can be a complex process. It involves not only distributing assets but also settling the deceased’s debts and liabilities.

Understanding how to handle these financial obligations is crucial. It ensures the estate is managed according to legal requirements and the deceased’s wishes.

This guide will provide a step-by-step approach to managing and settling debts during estate administration. It will cover topics such as probate, estate planning, and debt relief options.

Whether you’re an executor, a beneficiary, or simply planning your own estate, this guide will equip you with the knowledge you need.

Understanding the Executor’s Role

The executor plays a vital role in estate administration. They are responsible for managing all aspects of the deceased’s estate, including identifying and paying off debts.

Being an executor requires careful organization and attention to detail. Executors must navigate legal processes like probate and ensure obligations are met before asset distribution.

Identifying and Prioritizing Debts

Identifying all debts is a crucial step in estate administration. Executors must create a comprehensive inventory of outstanding liabilities . This ensures all financial obligations are accounted for and prioritized appropriately.

Prioritizing debts requires understanding which liabilities take precedence. State laws and the deceased’s will often dictate this. Executors should pay attention to these guidelines to prevent legal issues.

A clear list of debt categories can help streamline the process:

Secured debts (e.g., mortgage)
Unsecured debts (e.g., credit card balances)
Taxes owed
Final expenses like funeral costs

This approach aids in efficient debt management and settlement.

The Probate Process and Debt Settlement

Understanding what probate involves is vital for managing estate debts. Probate is a legal procedure that validates a will and authorizes an executor. This process can affect how and when debts are settled.

During probate, debts are usually paid before assets are distributed. Executors must follow legal protocols to ensure all obligations are addressed properly. This helps prevent future disputes and financial complications.

Asset Protection and Debt Management Strategies

Effective estate planning and asset protection are crucial in reducing the impact of debts. Executors should explore various strategies to shield assets from creditors. This can involve creating trusts or using life insurance policies.

Being proactive in debt management is key. Executors need to carefully review liabilities and consider debt relief options. Such actions can help preserve the estate’s value for beneficiaries and avoid unnecessary losses.

Communicating with Creditors and Negotiating Debts

Open communication with creditors is essential for smooth estate administration. Executors should notify creditors promptly about the deceased’s passing. This allows for a clear understanding of all outstanding debts.

Negotiation with creditors can offer debt relief options. Executors might settle debts for less than the full amount. Professional advice can be helpful in achieving favorable terms for the estate.

Legal Considerations and Tax Implications

Estate administration involves navigating complex legal and tax landscapes. Executors must understand state-specific laws to manage debts correctly. Ignoring these could lead to liabilities for the executor.

Tax implications of debt forgiveness or cancellation should also be assessed. Executors may face unexpected tax burdens. Professional guidance ensures compliance and minimizes potential complications.

Distributing Assets After Debts Are Settled

Once all debts are cleared, the remaining assets can be distributed. Executors should adhere to the deceased’s will or state laws. This ensures fair and lawful asset distribution.

Transparency with beneficiaries is crucial during this stage. Clear communication prevents misunderstandings. Staying organized helps in closing the estate smoothly.

Conclusion: The Importance of Timely and Transparent Estate Administration

At MHK Attorneys , we understand that managing debts and liabilities during estate administration is a critical task that requires expertise, attention to detail, and a compassionate approach. Timely action not only prevents the accumulation of interest but also mitigates potential legal complications, ensuring that the estate is settled in accordance with the deceased’s wishes.

Our dedicated legal team is here to guide you every step of the way. From navigating the intricacies of probate to communicating with creditors and ensuring a transparent distribution of assets, we stand by your side to simplify this complex process.

Don’t face the challenges of estate administration alone. Contact MHK Attorneys today for a consultation and let us help you ensure a smooth and compliant estate administration process. Together, we can honor your loved one’s legacy while protecting the interests of all parties involved.

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10 Common Mistakes to Avoid in Estate Administration

Mon, 23 Dec 2024 17:27:00 GMT

Estate administration can be a complex process. It involves managing a deceased person’s assets according to their will.

However, mistakes are common. They can lead to legal complications, disputes among beneficiaries, and even personal liability for the executor.

This article aims to guide you through the process. It highlights ten common mistakes to avoid in estate administration.

We’ll delve into topics like what to include in a will and testament. We’ll also discuss the importance of wills and trust documents.

Understanding these common mistakes can help you navigate estate administration more effectively. It can also increase the success rate of contesting a will, if necessary.

So, let’s dive in and explore these common pitfalls to ensure a smooth estate administration process.

Understanding Estate Administration

Estate administration refers to managing and distributing a deceased person’s assets. The process includes settling debts , distributing assets , and handling tax obligations . Executors, appointed in the will, ensure that the deceased’s wishes are honored.

This complex role requires a clear understanding of legal duties and financial management .

Executors often face challenges, such as interpreting the will and managing beneficiary relations. Proper planning and organization are essential. With careful attention, executors can avoid common mistakes and minimize complications. Understanding estate administration is crucial for a smooth process. Thus, professional guidance is often beneficial.

1. Neglecting to Update Your Will and Testament

Failing to update a will can lead to unintended consequences. Life events such as marriage, divorce, or the birth of a child can significantly impact asset distribution . It’s essential to revise the will to reflect current family dynamics and assets.

An outdated will might not include new assets or recent wishes. Beneficiaries could face confusion or disputes if the will is not clear. Regular updates ensure that your intentions are accurately documented, reducing the risk of conflicts among heirs.

2. Mismanaging Executor Duties and Responsibilities

An executor plays a pivotal role in estate administration. Their primary job is to ensure the will’s instructions are followed accurately. Mismanaging these duties can lead to significant legal and financial issues.

It’s essential for executors to understand their responsibilities fully. Failing to pay taxes or notify creditors can lead to penalties. Executors must also communicate clearly with beneficiaries to avoid misunderstandings or disputes. Proper management helps ensure a smooth estate administration process.

3. Misunderstandings About Wills and Trust Documents

Many people confuse wills and trust documents , yet they serve different purposes. A will outlines how assets are distributed after death, while a trust can manage assets both during life and after death.

Misunderstandings can result in ineffective estate planning and possible disputes. It’s crucial to consult with a legal expert to understand each document’s function. Clarity in these documents ensures that the estate administration process runs smoothly and according to the decedent’s wishes.

4. Ignoring Legal Implications of Estate Administration Errors

Overlooking legal aspects in estate administration can lead to severe consequences. Errors might expose the estate and executor to legal challenges and increased costs.

Simple mistakes, like not notifying creditors or failing to probate a will , can escalate. Legal obligations must be met diligently to protect the estate and the executor’s personal liability . It’s wise to have a professional review any decisions made during the administration process to avoid costly legal repercussions.

5. Causing Disputes Among Beneficiaries

Estate administration can become contentious if beneficiaries feel overlooked or misunderstood. Miscommunication often fuels disputes, leading to prolonged legal battles.

Clear communication and transparency are crucial to avoid conflicts. Ensuring everyone understands their entitlements and the process can foster trust. Thorough documentation helps clarify how and why decisions are made. Additionally, allowing beneficiaries to voice concerns can help address issues early and prevent misunderstandings. An unbiased legal advisor can also mediate to resolve conflicts promptly.

6. Failing to Keep Accurate Records

Accurate record-keeping is essential for successful estate administration. Tracking every transaction ensures transparency and builds trust among beneficiaries.

Without precise records, executors face confusion about financial matters, which complicates legal processes. Proper documentation helps when verifying claims from creditors and distributing assets. Executors should maintain detailed logs of decisions, meetings, and communications. This diligence can protect against potential disputes and ensures each step aligns with legal requirements. Professional software or assistance might be useful for managing complex estates.

7. Inadequate Debt and Tax Management

Proper debt and tax management is a critical aspect of estate administration. Failing to settle debts or understand tax obligations can lead to legal troubles.

Creditors must be notified of a decedent’s passing promptly. Ensuring all debts are identified and paid reduces the risk of court actions. Executors must also handle estate taxes wisely, abiding by federal and state laws. Ignoring these responsibilities may lead to penalties or interest charges that deplete the estate’s value. Consulting professionals can simplify these complex tasks.

8. Premature Asset Distribution

Distributing assets too soon can cause significant problems in estate administration. Executors may face personal liability if the estate’s debts or taxes are unpaid before distribution.

It’s crucial to ensure all obligations are settled and legal formalities completed before handing over assets. This oversight can lead to financial discrepancies and discord among heirs.

Patience and adherence to procedure are key to avoiding premature distribution errors. A thorough process prevents future complications and maintains harmony.

9. Overlooking the Emotional Impact of Estate Administration

Estate administration isn’t purely a legal process; it carries significant emotional weight. Executors and beneficiaries often deal with grief while managing complex decisions.

Neglecting the emotional aspects can lead to stress and conflict. Clear, compassionate communication is essential to ease tensions. Acknowledging the emotional turmoil helps maintain cordial relationships and smooth transitions. Managing the emotional dynamics can prevent potential conflicts, making the process less burdensome for everyone involved.

10. DIY Estate Planning Without Professional Advice

While it might be tempting to handle estate planning yourself, DIY approaches carry risks. Without expert guidance, you may overlook critical details.

Professional advice can prevent costly mistakes and legal issues. Experienced advisors ensure everything aligns with legal standards, reducing the risk of disputes. By seeking professional help, you can achieve peace of mind, knowing that your estate plan is thorough and effective. Investing in expert assistance is a wise decision that secures your interests and respects the decedent’s wishes.

Conclusion: Ensuring a Smooth Estate Administration Process

At MHK Attorneys , we understand that navigating the estate administration process can be daunting and fraught with complexities. Avoiding common mistakes is essential to streamline this process and ensure that the wishes of your loved ones are honored effectively.

By enlisting the support of our experienced legal team, you can gain the expertise necessary to manage every detail— from keeping your will and trust documents updated to fostering clear communication among beneficiaries. Our commitment to guiding you through the intricacies of estate administration protects you from potential pitfalls and helps safeguard your family’s legacy.

Don’t leave your estate administration to chance. Contact MHK Attorneys today to schedule a consultation and ensure your estate is handled with the care and professionalism it deserves. Together, we can work towards a seamless estate administration process that preserves family harmony and honors your loved one’s intentions.

The post 10 Common Mistakes to Avoid in Estate Administration appeared first on MHK Attorneys .

How an Estate Attorney Simplifies the Probate Process

Mon, 23 Dec 2024 17:19:00 GMT

The probate process can be a complex and daunting task. It involves the legal distribution of a deceased person’s assets, often requiring intricate knowledge of laws and procedures.

An estate attorney can be a guiding light in this process. They specialize in probate and estate planning, providing invaluable assistance to executors and beneficiaries alike.

But what exactly does an estate lawyer do after death? How can they expedite the settlement of an estate?

In this article, we’ll explore how an estate attorney simplifies the probate process, and discuss who might benefit from a trust instead of a will.

The Role of an Estate Attorney in Probate

An estate attorney plays a crucial role in guiding heirs through probate . They ensure legal steps are followed to settle the estate correctly.

They offer assistance to executors, easing the burden of navigating complex legal requirements. From filing necessary documents to representing clients in court, estate attorneys provide comprehensive support.

Their expertise can help minimize taxes and resolve disputes among beneficiaries . This ensures that the wishes of the deceased are honored and their assets are distributed smoothly.

What Does an Estate Lawyer Do After Death?

When someone passes away, an estate lawyer becomes an essential advocate for the estate. They handle vital tasks like interpreting the will and managing the deceased’s final wishes.

Estate lawyers are pivotal in inventorying and valuing assets, ensuring they are passed on to rightful beneficiaries. They manage debts and liabilities, negotiating settlements to protect the estate’s value. Their involvement ensures a seamless transition, bringing peace of mind during a difficult time.

Settling an Estate: Duration and Process

The length of time needed to settle an estate can greatly vary. Factors like estate complexity, size, and local laws come into play. Typically, the probate process can take from several months to over a year.

During this time, an estate attorney simplifies the process by ensuring all legal obligations are met. They help in filing court documents, notifying creditors, and distributing assets efficiently. By managing these tasks, they help settle estates smoothly, reducing the burden on the executor and beneficiaries.

Trust vs. Will: Who Needs What?

Deciding between a trust and a will depends on individual needs. A will can outline asset distribution and appoint guardians for minors.

Conversely, a trust can offer more privacy and control over assets after death. Estate attorneys can help determine the best option, ensuring all assets are protected and distributed according to wishes. For those with considerable assets or complex family circumstances, a trust might be more advantageous than a simple will.

Navigating Legal Complexities with Professional Help

Legal complexities can be overwhelming during the probate process. An estate attorney provides vital expertise and guidance to avoid common pitfalls.

They ensure compliance with intricate laws and regulations. By managing legal paperwork and court filings, they prevent delays and errors. Estate attorneys also handle disputes among beneficiaries, offering clarity and resolution. Their expertise can simplify even the most complex estates, offering peace of mind to executors and beneficiaries alike. Estate attorneys ensure a smoother probate process, alleviating the legal burden during a challenging time.

Conclusion: The Value of an Estate Attorney During Probate

At MHK Attorneys , we understand that the probate process can be overwhelming and laden with complexities. Our expert estate attorneys are dedicated to simplifying this journey for you and your loved ones. We leverage our extensive knowledge in estate law to ensure efficient asset distribution, strict adherence to legal standards, and a seamless experience for executors and beneficiaries.

With our skilled guidance, you can navigate the intricate probate landscape with confidence, minimizing costly mistakes and potential conflicts. We pride ourselves on providing not just legal support but peace of mind during such challenging times.

If you’re looking for reliable assistance with settling an estate or have questions about whether a trust or will suits your needs better, don’t hesitate to reach out to MHK Attorneys. Contact us today for a consultation, and let us help you ease the probate process for you and your family.

By choosing MHK Attorneys, you’re not just hiring legal expertise; you’re gaining a compassionate partner to guide you through every step of the way.

The post How an Estate Attorney Simplifies the Probate Process appeared first on MHK Attorneys .

Common Estate Planning Mistakes to Avoid

Fri, 25 Oct 2024 15:34:00 GMT

Estate planning is a crucial step in securing your financial future. It ensures your wishes are honored after your demise. However, the process can be complex. It’s easy to make common estate planning mistakes that can have long-lasting impacts.

This article aims to guide you through common estate planning pitfalls. It provides actionable advice to help you avoid these mistakes.

Whether you’re just starting to think about estate planning or updating an existing plan, this guide is for you. It’s also a valuable resource for professionals seeking to broaden their knowledge.

By the end of this article, you’ll have a better understanding of estate planning. You’ll be equipped to make informed decisions that align with your financial goals and personal wishes.

Understanding Estate Planning

Estate planning is more than just writing a will . It’s a comprehensive process that involves organizing your assets and making clear decisions on how they should be distributed after your death.

It also includes planning for your healthcare and financial needs should you become incapacitated. By understanding the intricacies of estate planning, you can avoid common mistakes and ensure your assets are distributed according to your wishes.

The Importance of a Will and Trust

Having a will is crucial in estate planning. It’s a legal document that outlines your wishes regarding the distribution of your assets after your death. Knowing how to write a will correctly is vital, as it ensures your intentions are clearly expressed and legally binding. Without a will, state laws will determine how your assets are divided, which may not align with your wishes.

Trusts , on the other hand, are legal entities that hold assets for the benefit of others. They require regular maintenance and updates, often involving a trust yearly review to ensure that they align with your current financial situation and goals. Trusts offer more control over how and when your assets are distributed. They can also provide tax benefits and help avoid probate, a lengthy and often costly legal process.

Difference Between Will and Trust

While both wills and trusts are essential tools in estate planning, they serve different purposes. A will becomes effective only after your death, while a trust can be effective immediately, at your death, or at a specified future date.

A will covers any property that is only in your name when you die. In contrast, a trust covers only property that has been transferred to the trust. Understanding the difference between a will and a trust can help you make informed decisions in your estate planning.

Avoiding Probate: What Is a Probate?

Probate is a legal process that takes place after someone dies. It involves proving in court that a deceased person’s will is valid and administering their estate. The process can be time-consuming, expensive, and public.

One of the main goals of estate planning is to avoid probate. This is because probate can deplete the estate’s resources and delay the distribution of assets to the beneficiaries.

Trusts are a common tool used to avoid probate. Assets held in a trust are not subject to probate and can be distributed to beneficiaries more efficiently and privately.

Financial Planning Checklist for Estate Planning

Estate planning is a complex process that requires careful consideration and planning. A financial planning checklist can be a valuable tool to ensure that all aspects of your estate are accounted for.

Here are some key items to include in your financial planning checklist for estate planning:
Create or update your will
Establish a trust if necessary
Review and update beneficiary designations
Consider life insurance needs
Plan for estate taxes
Establish a power of attorney
Create an advanced healthcare directive
Plan for the management of digital assets
Consider the needs of dependents and pets
Plan for business succession if applicable

By following a comprehensive financial planning checklist, you can avoid common estate planning mistakes and ensure that your wishes are carried out.

Questions to Ask an Estate Lawyer to Avoid Common Estate Planning Mistakes

When planning your estate, it’s crucial to seek professional advice. An estate lawyer can provide valuable guidance and help you avoid common mistakes.

Here are some key questions to ask an estate lawyer:
What is your experience in estate planning?
Can you explain the difference between a will and a trust
How can I avoid probate?
What are the tax implications of my estate plan?
How often should I review and update my estate plan?
Can you help me plan for the management of digital assets?

By asking these questions, you can ensure that your estate plan is comprehensive and legally sound.

Estate Planning Guidance: Regular Reviews and Updates

Estate planning is not a one-time event. It’s a dynamic process that requires regular reviews and updates.

Life events such as marriage, divorce, birth of a child, or a significant change in financial status can impact your estate plan. Regular reviews ensure that your plan remains aligned with your current situation and wishes.

Moreover, laws governing estate planning can change. Regular updates ensure your plan remains compliant with current laws. This proactive approach can help you avoid potential legal issues and ensure your assets are distributed as per your wishes.

Estate Planning Advice: The Role of Professional Guidance

Estate planning can be complex. It involves legal, financial, and personal considerations. Professional guidance can be invaluable in navigating this process.

Estate lawyers and financial advisors can provide expert advice tailored to your specific situation. They can help you understand the implications of different decisions and guide you in making informed choices.

Moreover, professionals can help you avoid common estate planning mistakes. They can ensure your plan is legally sound, financially optimal, and aligned with your wishes.

Average Cost for Will and Estate Planning

The cost of estate planning can vary widely. It depends on the complexity of your estate and the professional services you require.

On average, creating a basic will can cost between $300 and $1,000. More complex plans involving trusts and tax planning can cost several thousand dollars. It’s important to consider these costs as an investment in securing your financial future and peace of mind.

The Purpose of Estate Planning: Beyond Asset Distribution

At MHK Attorneys , we understand that estate planning is not just a legal obligation, but a vital step in securing your financial future and ensuring your wishes are honored. This comprehensive process encompasses far more than just distributing assets; it involves careful consideration of your healthcare, financial needs, and the unique needs of your loved ones. By avoiding common estate planning mistakes and utilizing tools like wills and trusts effectively, you can protect your estate from unnecessary taxes and probate complications.

As you navigate this complex journey, remember that professional guidance is invaluable. Our team at MHK Attorneys is here to provide you with the estate planning advice and support you need, ensuring your plan remains aligned with your goals and compliant with current laws. For any questions, concerns, or assistance in creating or reviewing your estate plan, please don’t hesitate to contact us . Let us help you secure peace of mind for both you and your loved ones.

The post Common Estate Planning Mistakes to Avoid appeared first on MHK Attorneys .

The Importance of Estate Planning for Protecting Generational Wealth

Thu, 29 Aug 2024 22:42:00 GMT

Estate planning is a crucial step in securing your family’s financial future. It’s about more than just distributing assets after your death.

It’s about growing and protecting generational wealth. This wealth is the legacy you leave for your children and grandchildren.

But without careful planning, this wealth can be eroded. Taxes, legal fees, and mismanagement can all take a toll.

In this article, we’ll explore how estate planning can protect and grow your generational wealth. We’ll delve into strategies for wealth management, trust administration, and inheritance planning.

Whether you’re just starting your estate planning journey or looking to refine your existing plan, this guide will provide valuable insights. Let’s secure your family’s financial future together.

Understanding Estate Planning and Generational Wealth

Estate planning is a process that helps manage and protect your assets. It’s not just for the wealthy. Anyone with assets, big or small, should consider creating a plan.

Generational wealth refers to the assets you pass down to your children, grandchildren, and beyond. It’s a way to provide financial security for your family’s future.

But preserving this wealth isn’t always straightforward. Without proper planning, your assets could be significantly reduced by taxes, legal fees, and other costs.

Here are some key takeaways to remember:

Estate planning is essential for managing and protecting assets for future generations.
Generational wealth refers to assets passed down from one generation to the next.
Without proper planning, wealth can be significantly eroded by taxes, legal fees, and mismanagement.

Understanding these concepts is the first step in protecting and growing your generational wealth.

The Role of Trusts and Wills in Estate Planning

Trusts and wills are fundamental tools in estate planning. They give you control over how your assets are distributed after your death.

A will outlines your wishes for your assets. It can also include guardianship decisions for minor children.

Trusts , on the other hand, hold your assets for the benefit of your beneficiaries. They can provide privacy and avoid the costly and time-consuming probate process.

Whether you choose a will, a trust, or both, these tools are crucial in preserving your generational wealth. They ensure your assets are distributed according to your wishes, providing financial security for your loved ones.

Key Strategies for Wealth Management and Asset Protection

Wealth management is a crucial part of estate planning. It involves investment strategies, financial planning, and asset allocation . The goal is to grow your wealth over time.

Asset protection is another key strategy. It safeguards your wealth against potential creditors, lawsuits, and other risks. This is especially important for high-net-worth individuals.

Wealth transfer is the process of moving assets from one person or entity to another. It often happens through inheritance. Proper planning can ensure a smooth and tax-efficient transfer.

Remember, the goal of these strategies is to protect and grow your generational wealth. They provide financial security for your future generations.

Trust Administration: Ensuring Your Legacy

Trust administration is the process of managing the assets held in a trust. It’s done for the benefit of the beneficiaries.

This involves following the terms of the trust. It also includes managing investments, paying taxes, and distributing assets to beneficiaries.

Proper trust administration ensures your legacy is preserved. It helps protect your generational wealth for future generations.

Inheritance Planning: Passing on Your Values

Inheritance planning is a key aspect of estate planning. It ensures that your assets are passed on according to your wishes. This process can be complex, but it’s crucial for preserving generational wealth .

Inheritance planning can also reflect your values. For example, you might choose to leave a portion of your estate to a charity that aligns with your beliefs. This can be a meaningful way to extend your impact beyond your lifetime.

Remember, inheritance planning is not just about distributing assets. It’s also about passing on your values to the next generation.

Tax-Efficient Strategies for Estate Planning

Tax-efficient strategies can minimize the tax burden on your estate and its beneficiaries. This is crucial for preserving and growing generational wealth . Here are a few strategies to consider:

Gifting assets during your lifetime can reduce the size of your estate and potential tax liabilities.
Charitable giving can be part of an estate plan and can provide tax benefits.
Understanding federal and state estate tax laws is critical for effective estate planning.

Remember, tax laws can be complex and change frequently. It’s important to consult with a tax professional or estate planning attorney to ensure your plan is tax-efficient.

Wealth Transfer: Securing Financial Security for Future Generations

Wealth transfer is a critical part of estate planning. It involves the process of transferring assets from one person or entity to another, often through inheritance. This process can be complex, but it’s crucial for preserving generational wealth.

Designating beneficiaries on retirement accounts and insurance policies is a simple way to transfer wealth. However, it’s important to regularly review and update these designations to reflect changes in your life and family circumstances.

Remember, wealth transfer is not just about distributing assets. It’s also about ensuring financial security for future generations.

Family Estate Planning: A Comprehensive Approach to Generational Wealth Planning

Family estate planning takes a comprehensive approach to managing and protecting assets. It involves all family members and can include education on financial literacy and stewardship.

This approach can help ensure that your wealth serves your family’s needs and values.

Family estate planning can also prevent family disputes and ensure a fair distribution of assets . It’s a responsible step to take to ensure that your hard-earned wealth is preserved for future generations.

Remember, family estate planning is not a one-size-fits-all process. It should be customized to fit individual goals and family dynamics.

Conclusion: Protect Your Generational Wealth with MHK Attorneys

As we’ve explored the intricate world of estate planning and the vital importance of safeguarding your generational wealth, it’s clear that expert guidance is paramount. At MHK Attorneys , we specialize in comprehensive estate planning and administration services tailored to protect and grow your family’s legacy.

Our team of experienced professionals understands the complexities of wealth management, asset protection, inheritance planning, and trust administration. With MHK Attorneys by your side, you can rest assured that your assets are in capable hands, ensuring a seamless transfer to future generations.

Don’t leave your family’s financial future to chance. Take the proactive step towards securing your generational wealth by consulting with MHK Attorneys today. Contact us to schedule a consultation and embark on a journey towards lasting financial security for your loved ones.

Protect your legacy with MHK Attorneys – Your Trusted Partner in Estate Planning and Administration. Schedule your consultation today!

The post The Importance of Estate Planning for Protecting Generational Wealth appeared first on MHK Attorneys .

What to Expect at a Workers’ Comp Hearing

Thu, 29 Aug 2024 22:33:00 GMT

Navigating a workers comp hearing can be daunting. The process is often complex and filled with legal jargon.

This guide aims to demystify the workers’ comp hearing process. It provides practical tips and insights to help you prepare effectively.

We’ll dive into the role of the workers’ comp judge and their decision-making process. Understanding this can help you present your case more effectively.

We’ll also discuss the types of evidence that can support your claim. This includes how to present your testimony effectively at the hearing as well as some key workers’ comp hearing tips

Whether you’re preparing for your first workers’ comp hearing or seeking to understand the process better, this guide is for you.

By the end of this article, you’ll have a clearer understanding of what to expect at a workers’ comp hearing and how to prepare for it.

Understanding the Workers’ Comp Hearing Process

A workers’ comp hearing is a legal proceeding. It’s where disputes over workers’ compensation claims are resolved. The process varies by state, but there are common elements.

The hearing is presided over by a workers’ comp judge. Both the employee and the employer, or their representatives, present their case. This includes evidence and testimonies. The judge then makes a decision based on the presented facts and applicable laws. Understanding this process can help you prepare effectively for your hearing.

Preparing for Your First Workers’ Comp Hearing

Your first workers’ comp hearing can be daunting. But with proper preparation, you can navigate it confidently. Start by understanding the specific workers’ comp laws in your state. This will help you know your rights and responsibilities.

Gather all relevant documents and evidence. This includes medical records, accident reports, and witness statements. Organize them in a way that supports your claim.

Here are some tips to help you prepare:

Review your case thoroughly with your attorney.
Prepare your testimony. Be ready to answer questions about your injury and how it has affected your work.
Understand the role of the workers’ comp judge and how decisions are made.
Be ready to present your evidence effectively.

Remember, the goal is to present a clear and compelling case. This will increase your chances of a favorable outcome.

The Role of the Workers’ Comp Judge

The workers’ comp judge plays a crucial role in your hearing. They are responsible for reviewing all the evidence and making a decision on your claim. This decision is based on the facts of the case, the law, and their judgment.

The judge will listen to your testimony, review your medical records, and consider any other relevant evidence. They will also consider the testimony of any witnesses. It’s important to understand that the judge’s decision is not personal. It’s based on the evidence and the law. So, present your case clearly and honestly.

Evidence That Supports Your Claim

When it comes to a workers’ comp hearing, evidence is key. The more solid evidence you have to support your claim , the better your chances of a favorable outcome. This evidence can take many forms.

Medical records are often the most important evidence in a workers’ comp case. These can include doctor’s reports, test results, and treatment plans. They provide a clear picture of your injury and its impact on your ability to work.

Other forms of evidence can include witness testimonies , photos of the accident scene, and any relevant documents. Remember, the goal is to build a strong, convincing case.

Presenting Your Testimony Effectively

Presenting your testimony at a workers’ comp hearing can be nerve-wracking. However, with proper preparation, you can present your case effectively. The key is to be clear, concise, and honest in your statements.

Your testimony should focus on the facts of your case. Discuss the incident, your injuries, and how they have affected your ability to work. Remember, consistency is crucial. Any discrepancies in your statements can harm your credibility.

Lastly, maintain a calm and respectful demeanor throughout your testimony. This not only shows professionalism but also helps in keeping the focus on the facts of your case.

What Happens at a Workers’ Comp Hearing?

During a workers’ comp hearing, you’ll present your case before a workers’ comp judge. The judge will listen to your testimony, review the evidence, and hear arguments from both sides. It’s a formal process, but not as rigid as a traditional court hearing .

The employer or their insurance company will also have a chance to present their side. They may dispute your claim or present evidence to challenge your testimony. This could include surveillance footage or medical reports.

After all the evidence and testimonies are presented, the judge will make a decision. This decision may not be immediate. In some cases, the judge may take several weeks to review the case before making a final decision.

Remember, each hearing is unique. The process can vary depending on the complexity of the case, the judge, and the laws in your state.

Potential Outcomes and Judge’s Decisions

The judge’s decision at a workers’ comp hearing can have several outcomes. They may fully approve your claim, awarding you the benefits you’re seeking. Alternatively, they may deny your claim if they believe the evidence doesn’t support it.

In some cases, the judge may approve part of your claim and deny other parts. For instance, they might agree that your injury is work-related but disagree with the extent of your disability.

The judge’s decision is based on the evidence presented, the testimony given, and the specific workers’ comp laws in your state.

After the Hearing: Next Steps

Once the workers’ comp hearing concludes, you’ll need to wait for the judge’s written decision. This can take several weeks, depending on the complexity of your case and the judge’s caseload. It’s crucial to remain patient during this period.

If the decision is in your favor, you’ll start receiving your benefits as outlined in the decision.

However, if the decision is not in your favor, you have the right to appeal . It’s important to consult with your attorney to understand the appeals process and the deadlines involved.

Remember, the workers’ comp hearing is a significant step, but it’s not always the final one. Depending on the outcome, you may need to prepare for further legal proceedings.

Tips for a Successful Workers’ Comp Hearing

A successful workers’ comp hearing requires preparation, understanding, and patience. Here are some key tips to help you navigate the process:

Understand the workers’ comp laws in your state.
Prepare your testimony and evidence thoroughly.
Be honest and consistent in your statements.
Maintain a professional demeanor during the hearing.
Consult with a workers’ comp attorney for guidance.

Remember, every workers’ comp case is unique. What works for one person may not work for another. It’s important to tailor your approach to your specific circumstances.

Conclusion

At MHK Attorneys , we understand the challenges of navigating a workers’ comp hearing. With our expertise and dedication, we can help you effectively present your case and secure your rights and benefits as a worker.

Don’t face the hearing alone. Contact us today for personalized guidance and support. Remember, your future is worth fighting for. Contact us now.

The post What to Expect at a Workers’ Comp Hearing appeared first on MHK Attorneys .

Summer Injuries: Everything you need to know about personal injury with MHK

Wed, 07 Aug 2024 00:40:00 GMT

Summer Safety Tips: Understanding Personal Injury with MHK

Summer is a time for outdoor activities, adventures, and fun in the sun. However, with the increased outdoor activity comes the risk of accidents and summer injuries. From slip and fall incidents to sports-related mishaps, understanding your rights and how to navigate the legal aspects of personal injury is crucial. If you find yourself dealing with an injury this summer, MHK Attorneys are here to guide you through the process and ensure you receive the compensation you deserve.

In this comprehensive guide, we’ll delve into common summer injuries and how an experienced injury attorney can help you navigate the aftermath.

Understanding Personal Injury

Personal injury law is designed to protect individuals who have been harmed due to someone else’s negligence or intentional actions. If you’ve been injured, you may be entitled to compensation for medical bills, lost wages, and pain and suffering.

Types of Personal Injuries

Summer activities can lead to a variety of injuries, including:

Slips, trips, and falls: Wet pool decks and cluttered picnic areas are common places for these accidents.
Water-related injuries : Diving accidents and boating incidents often occur during summer months.
Sport and recreational injuries : From cycling to hiking, the potential for injury increases with physical activity.
Burns : Sunburns, campfire incidents, and barbecue mishaps can lead to serious injuries.
Traffic accidents: With more people on the road traveling to vacation spots, car accidents are more prevalent.

What to Do After an Injury

If you’re injured this summer, it’s important to:

Seek medical attention immediately.
Document the scene and your injuries.
Obtain contact information from witnesses.
Notify the property owner or manager if the injury occurred on someone else’s property.
Contact an injury attorney to discuss your legal options.

Image from https://www.latimes.com | Powerboat crash in Long Beach leaves one person injured and a dog missing

The Role of an Injury Attorney

An injury attorney is your advocate and guide through the often-complicated legal process following an injury. They can help you:

Understand your rights and the applicable laws.
Investigate the incident and gather evidence.
Negotiate with insurance companies.
Represent you in court if necessary.

Why Choose MHK Attorneys?

MHK Attorneys are experienced in handling a wide range of personal injury cases. With a deep understanding of the complexities of personal injury law, MHK Attorneys can provide:

Personalized attention to your case.
Expertise in negotiating fair settlements.
Resources to handle complex litigation if your case goes to trial.

Frequently Asked Questions About Personal Injury

What is the statute of limitations for personal injury claims?

The statute of limitations varies by state but typically ranges from one to three years. Contact MHK Attorneys to understand the specific time frame in your state.

Can I still file a claim if I was partially at fault?

Yes, you may still be able to recover damages even if you share some of the blame. This is known as comparative negligence .

How long will my personal injury case take?

The duration of a personal injury case can vary widely. Some cases settle quickly, while others may take months or even years to resolve.

Preparing for the Unexpected

While we all hope to enjoy a safe and injury-free summer, accidents can happen. Being prepared and knowing what steps to take can alleviate some of the stress should an injury occur.

Document Everything

Keep detailed records of any incidents, including photos, medical reports, and witness statements. This documentation will be invaluable if you need to file a claim.

Have Legal Support Ready

Establishing a relationship with an injury attorney before you need one can provide peace of mind. MHK Attorneys are always ready to offer their expertise.

Takeaways

Summer should be a time of enjoyment, not stress over potential injuries. By following safety tips and understanding your rights, you can focus on making the most of the season. If an injury does occur, know that MHK Attorneys are here to help you every step of the way.

Remember, personal injury law is there to protect you, and with the right legal support, you can recover the compensation you’re entitled to and get back to enjoying your summer.

The post Summer Injuries: Everything you need to know about personal injury with MHK appeared first on MHK Attorneys .

Do I Need a Personal Injury Lawyer? Why Choose MHK Attorneys

Thu, 23 May 2024 18:44:00 GMT

If you have been injured in an accident , you may be wondering, “Do I need a personal injury lawyer?”. While not every accident requires legal representation, there are certain situations where hiring a personal injury lawyer can greatly benefit you. In this article, we will discuss the importance of having a personal injury lawyer and how they can help you receive the compensation you deserve.

Why Is a Personal Injury Lawyer Important?

A personal injury lawyer is a legal professional who specializes in representing individuals who have been injured due to the negligence or wrongdoing of others. They have a deep understanding of personal injury laws and can navigate the legal system to help you receive the compensation you deserve.

Expertise in Personal Injury Laws

Personal injury laws can be complex and vary from state to state. A personal injury lawyer has the expertise and knowledge to understand these laws and how they apply to your case. They can also advise you on the best course of action to take and help you avoid any legal pitfalls.

Negotiation Skills

In most personal injury cases, the insurance company of the at-fault party will try to settle for the lowest amount possible. A personal injury lawyer has strong negotiation skills and can advocate for you to receive a fair settlement . They will also handle all communication with the insurance company, relieving you of the stress and burden of dealing with them.

Courtroom Experience

If your case goes to trial, having a personal injury lawyer on your side is crucial. They have experience in the courtroom and can effectively present your case to a judge and jury. They will also handle all legal procedures and paperwork, ensuring that everything is done correctly and on time.

When Do I Need a Personal Injury Lawyer?

While not every accident requires legal representation, there are certain situations where hiring a personal injury lawyer is highly recommended.

Severe Injuries

If you have suffered severe injuries that require extensive medical treatment, it is important to have a personal injury lawyer on your side. They can help you receive compensation for medical bills, lost wages, and pain and suffering.

Long-Term or Permanent Injuries

Injuries that result in long-term or permanent disabilities can greatly impact your life and future. A personal injury lawyer can help you receive compensation for future medical expenses, loss of earning capacity, and other damages.

Disputed Liability

In some cases, the at-fault party may dispute liability, meaning they deny responsibility for the accident. This can make it difficult to receive fair compensation. A personal injury lawyer can gather evidence and build a strong case to prove liability and help you receive the compensation you deserve.

Insurance Company Refusal to Pay

Unfortunately, insurance companies are known for denying or delaying payments to injured individuals. If you are having trouble receiving compensation from the insurance company, a personal injury lawyer can help. They will handle all communication and negotiations with the insurance company to ensure you receive a fair settlement .

How Can a Personal Injury Lawyer Help Me?

A personal injury lawyer can provide a wide range of services to help you receive the compensation you deserve.

Investigation and Evidence Gathering

A personal injury lawyer will thoroughly investigate your case and gather evidence to support your claim. This can include obtaining police reports, medical records, and witness statements. They will also work with experts, such as accident reconstruction specialists, to strengthen your case.

Calculating Damages

Calculating the full extent of your damages can be challenging, especially if you have suffered long-term or permanent injuries. A personal injury lawyer can accurately calculate your damages, including medical expenses, lost wages, and pain and suffering, to ensure you receive fair compensation.

Negotiating with Insurance Companies

As mentioned earlier, insurance companies will often try to settle for the lowest amount possible. A personal injury lawyer can negotiate with the insurance company on your behalf to ensure you receive a fair settlement.

Representing You in Court

If your case goes to trial, a personal injury lawyer will represent you in court. They will present your case to a judge and jury and fight for your rights to receive fair compensation.

How to Choose the Right Personal Injury Lawyer

When choosing a personal injury lawyer , it is important to do your research and find someone who is experienced, knowledgeable, and has a track record of success. Here are some tips to help you choose the right personal injury lawyer for your case.

Discovering the right personal injury lawyer is a critical step in navigating your legal journey. At MHK Attorneys, our seasoned professionals bring extensive experience and a successful track record to your case. Specializing in personal injury law, we ensure a deep understanding of the laws and procedures involved, providing you with dedicated representation tailored to your unique situation.

Read Reviews and Testimonials

Explore the testimonials and reviews from our satisfied clients, offering valuable insights into our reputation and proven success. Schedule a consultation with us to discuss your case, ask questions, and determine if our expertise aligns with your needs. Our effective communication style ensures your concerns are addressed, establishing a strong foundation for collaboration.

Conclusion

When you’ve experienced an accident, entrust your case to MHK Attorneys. Our expertise, negotiation skills, and courtroom experience empower you to focus on recovery while we navigate the legal complexities. Choose MHK Attorneys —a partner dedicated to ensuring you receive the compensation you rightfully deserve.

The post Do I Need a Personal Injury Lawyer? Why Choose MHK Attorneys appeared first on MHK Attorneys .

Navigating Personal Injury Claims: Your Comprehensive Guide with MHK Attorneys

Thu, 23 May 2024 18:33:00 GMT

Suffering an injury due to someone else’s negligence can be a traumatic experience, both physically and emotionally. During such challenging times, having a trusted legal ally by your side can make all the difference. MHK Attorneys is dedicated to providing compassionate and expert legal representation to individuals throughout their personal injury journey . In this comprehensive guide, we’ll delve into the intricacies of personal injury claims , the personal injury claim process, and explore how MHK Attorneys can help you navigate this often daunting process.

Understanding Personal Injury Claims

Personal injury claims arise when an individual is harmed due to the negligence or wrongful conduct of another party. These injuries can occur in various situations, including:

Car Accidents
- Whether it’s a fender-bender or a serious collision, car accidents can result in significant injuries and damages.
Slip and Falls
- Property owners have a duty to maintain safe premises. Slip and fall accidents can occur due to hazards like wet floors, uneven surfaces, or inadequate lighting.
Medical Malpractice
- When healthcare professionals fail to provide a standard level of care, patients may suffer harm due to medical errors or negligence.
Product Liability
- Defective products can cause injuries ranging from minor cuts and bruises to severe burns or even death.
Workplace Accidents
- Employees injured on the job may be entitled to workers’ compensation benefits, but in some cases, third-party liability claims may also be pursued.

The Personal Injury Claim Process

Navigating a personal injury claim can be complex and overwhelming, especially when dealing with insurance companies and legal proceedings. Here’s a simplified overview of what to expect:

Consultation
- The first step is to schedule a consultation with MHK Attorneys. During this initial meeting, you’ll discuss the details of your case, and the attorneys will assess its merits.
Investigation
- Once retained, MHK Attorneys will conduct a thorough investigation to gather evidence supporting your claim. This may include obtaining medical records, collecting witness statements, and analyzing relevant documentation.
Negotiation
- Your attorney will enter into negotiations with the insurance company or opposing parties to reach a fair settlement. MHK Attorneys will advocate tirelessly on your behalf to ensure you receive maximum compensation for your injuries and damages.
Litigation
- If a fair settlement cannot be reached through negotiation, your case may proceed to litigation. MHK Attorneys has extensive trial experience and will litigate aggressively to protect your rights in court.

Why Choose MHK Attorneys

When it comes to personal injury claims, experience matters. Here’s why MHK Attorneys is the right choice for your case:

Expertise
- Our attorneys have a proven track record of success in handling a wide range of personal injury cases, from minor accidents to catastrophic injuries.
Compassion
- We understand the physical, emotional, and financial toll that injuries can take on individuals and families. Our team provides compassionate support and personalized attention every step of the way.
Resources
- MHK Attorneys has the resources and legal expertise to thoroughly investigate your case, build a strong claim, and fight for the fair compensation you deserve.
Results
- We are committed to achieving the best possible outcome for our clients. Our dedication to excellence has resulted in numerous favorable settlements and verdicts on behalf of injured individuals.

If you’ve been injured due to someone else’s negligence, don’t navigate the legal process alone. MHK Attorneys is here to provide the guidance, advocacy, and support you need to pursue justice and recover fair compensation for your injuries. Contact us today for a free consultation, and let us help you on the path to healing and recovery.

The post Navigating Personal Injury Claims: Your Comprehensive Guide with MHK Attorneys appeared first on MHK Attorneys .

Trusting MHK Attorneys for Your Estate Planning Needs: Securing Your Legacy with Confidence

Thu, 23 May 2024 18:11:00 GMT

In the tapestry of life, estate planning threads the legacy we leave behind. At MHK Attorneys , we understand the profound importance of crafting an estate plan that reflects your values, protects your loved ones, and preserves your assets for future generations. In this blog, we delve into the significance of estate planning and why entrusting MHK Attorneys with this vital task is a decision you can make with confidence.

Tailored Solutions for Your Unique Needs:

Estate planning is not a one-size-fits-all endeavor. Each individual and family has unique circumstances, goals, and concerns that must be addressed in their estate plan . Our team of experienced attorneys takes the time to listen and understand your specific needs, preferences, and objectives. We then work collaboratively with you to design a customized estate plan that reflects your wishes and provides peace of mind for you and your loved ones.

Comprehensive Estate Planning Services:

At MHK Attorneys , we offer a comprehensive range of estate planning services to meet the diverse needs of our clients. Whether you’re looking to create a will , establish trusts , designate guardians for minor children , or plan for incapacity , we have the knowledge and expertise to guide you through the process. From simple wills to complex estate plans involving multiple layers of asset protection, we are committed to providing the highest level of service and attention to detail.

Minimizing Tax Liability and Probate Costs:

Effective estate planning involves more than just distributing assets; it also encompasses strategies to minimize tax liability and streamline the transfer of wealth to your heirs. Our skilled attorneys are well-versed in the intricacies of estate and gift tax laws and can help you explore tax-saving strategies such as lifetime gifting, charitable planning, and the creation of irrevocable trusts. Additionally, we employ techniques to minimize the time and expense associated with probate, ensuring that your assets are transferred to your beneficiaries as efficiently as possible.

Guidance Through Life’s Transitions:

Estate planning is not a one-time event but rather an ongoing process that should be periodically reviewed and updated to reflect changes in your life circumstances and goals. Whether you’re getting married, welcoming a new family member, experiencing a divorce, or nearing retirement, our attorneys are here to provide guidance and support every step of the way. We will work with you to ensure that your estate plan remains current and continues to align with your wishes and objectives.

Peace of Mind for You and Your Loved Ones:

At MHK Attorneys, we understand that estate planning can be a sensitive and emotionally charged process. Our compassionate and dedicated team is here to provide the support and reassurance you need to navigate this journey with confidence and peace of mind. From the initial consultation to the execution of your estate plan and beyond, we are committed to being your trusted advisors and advocates, helping you secure your legacy for generations to come.

When it comes to estate planning, trust is paramount. With MHK Attorneys by your side, you can rest assured knowing that your legacy is in capable hands. Contact us today to schedule a consultation and take the first step towards securing your future and protecting the ones you love.

The post Trusting MHK Attorneys for Your Estate Planning Needs: Securing Your Legacy with Confidence appeared first on MHK Attorneys .

Navigating Personal Injury Claims: Why Hiring a Lawyer Matters

Thu, 23 May 2024 17:59:00 GMT

In life, unexpected events can occur, often leaving us grappling with physical, emotional, and financial challenges. Personal injury incidents , such as car accidents, slips and falls, or medical malpractice, can disrupt our lives in profound ways. If you’ve experienced such an event, you’re likely aware of the overwhelming nature of dealing with insurance companies, medical bills, and legal processes. Navigating personal injury claims is where the expertise of a personal injury lawyer comes into play.

At MHK Attorneys, we understand the complexities of personal injury cases and are committed to helping individuals navigate through these challenges. In this blog, we’ll explore why hiring a personal injury lawyer is crucial for ensuring you receive the compensation and justice you deserve.

Expertise in Personal Injury Law:

Personal injury law is multifaceted and can be intricate to navigate without proper legal knowledge. A seasoned personal injury lawyer possesses a deep understanding of relevant laws, regulations, and precedents, allowing them to craft a compelling case on your behalf. Whether it’s determining liability , assessing damages , or negotiating with insurance companies , having a legal expert in your corner significantly enhances your chances of a favorable outcome.

Advocacy and Representation:

Facing insurance companies and their legal teams alone can be daunting, especially when you’re dealing with the physical and emotional aftermath of an injury. Personal injury lawyers serve as your advocates, representing your interests and fighting tirelessly to ensure your rights are protected. From gathering evidence to negotiating settlements or representing you in court, they provide the support and guidance you need every step of the way.

Maximizing Compensation:

One of the primary goals of pursuing a personal injury claim is to seek fair compensation for your losses. However, insurance companies may attempt to minimize or deny your claim in an effort to protect their bottom line. A skilled personal injury lawyer knows how to counter these tactics and work towards maximizing your compensation. They’ll assess the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future costs, to ensure you’re adequately compensated for your losses.

Handling Complex Legal Procedures:

Personal injury cases often involve complex legal procedures, such as filing paperwork, adhering to deadlines, and navigating court proceedings. Without proper legal guidance, you risk making critical mistakes that could jeopardize your case. By hiring a personal injury lawyer , you can rest assured knowing that these intricate tasks are being handled efficiently and effectively on your behalf, allowing you to focus on your recovery.

Peace of Mind:

Perhaps most importantly, hiring a personal injury lawyer provides you with peace of mind during what can be a stressful and overwhelming time. Knowing that you have a dedicated legal advocate fighting for your rights allows you to focus on healing and rebuilding your life following an injury. Your lawyer will handle the legal complexities, communicate with insurance companies, and pursue the best possible outcome for your case, giving you the confidence to move forward with your recovery.

When it comes to personal injury claims , having the right legal representation can make all the difference in the outcome of your case. At MHK Attorneys , we are committed to providing compassionate and comprehensive legal support to individuals who have been injured due to the negligence or misconduct of others. If you’ve been injured in an accident, don’t hesitate to reach out to us for a consultation . Let us put our experience and expertise to work for you, so you can focus on what matters most – your recovery and well-being.

The post Navigating Personal Injury Claims: Why Hiring a Lawyer Matters appeared first on MHK Attorneys .

Top 10 Mistakes to Avoid After Being In a Car Accident

Wed, 13 Jan 2021 15:00:00 GMT

Beware of the top 10 mistakes to avoid after being in a car accident!

Have you been in a car accident? Watch out for the following mistakes:

1. Allowing Yourself to Panic After a Car Accident

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.

2. Forgetting to Get Detailed Information

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.

3. Discussing the Car 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.

4. Refusing Medical Care

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.

5. Failing to Collect Documents

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.

6. Not Keeping a Daily Diary of the Car Accident

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.

7. Failing to Turn in Bills to the Health Insurance Provider

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.

8. Not Reporting the Car Accident to Your Insurance Company As Soon As Possible

Be sure to notify them immediately, but do not talk to the insurance company or the person at fault.

9. Signing Anything Before Speaking with a Car Accident Attorney

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.

10. Being Impatient

It takes time to resolve a case and negotiate a fair settlement.

MHK Attorneys is Here to Help

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.

The post Top 10 Mistakes to Avoid After Being In a Car Accident appeared first on MHK Attorneys .

Seven Mistakes That Can Wreck Your Workers’ Compensation Case

Thu, 05 Mar 2020 22:03:00 GMT

The Top 7 Mistakes to Avoid Before Your Workers’ Compensation Case

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:

The first biggest mistake is failing to report your work injury as soon as possible.

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.

The second biggest mistake is taking your employer’s advice about your rights.

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.

The third biggest mistake is failing to seek timely medical treatment and failing to tell your medical provider that the injury happened at work.

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 fourth biggest mistake is failing to follow your medical provider’s instructions.

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 fifth biggest mistake is trusting the workers’ compensation insurance company.

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.

The sixth biggest mistake is failing to get legal advice early in the process.

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.

The final, seventh, biggest mistake is failing to pick the right law firm to represent you.

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.

Avoid Workers’ Compensation Case Mistakes — Contact MHK Attorneys In Monroe County

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Will New PA DUI Laws on Repeat Offenses Result in Fewer Accidents?

Fri, 28 Feb 2020 22:03:00 GMT

Pennsylvania Passes New DUI Laws

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.

DUI Serious Offenders in PA Unpunished

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.

Stopping Subsequent Offenses

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:

Effective ignition interlock programs have been shown to reduce drunk driving among prior offenders by 67 percent.
Interlocks stop recidivism more effectively than license suspension, since up to 75 percent of convicted offenders drive despite license suspension.
Interlocks offer life-saving benefits; four states with all-offender interlock laws have seen DUI fatalities fall over 30 percent.

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.

Work with a Car Accident Attorney

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.

The post Will New PA DUI Laws on Repeat Offenses Result in Fewer Accidents? appeared first on MHK Attorneys .

Don’t Sign Anything After An On-The-Job Injury Without Legal Advice

Sat, 22 Feb 2020 22:03:00 GMT

On-the-Job Injuries Require Legal Advice

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.

If you have been injured on the job in Pennsylvania, MHK Attorneys can help you make sense of, and respond appropriately to, documents such as the following:

A Notice of Compensation Payable (NCP) and a Statement of Wages, which shows your Average Weekly Wage (AWW)
A Notice of Temporary Compensation Payable (NTCP)
A Notice of Compensation Denial (NCD)
A Notice of Ability to Return to Work
A Notification of Suspension or Modification
An Employee Verification of Employment, Self-Employment or Change in Physical Condition
An Employee’s Report of Benefits (unemployment compensation, old age Social Security and pension benefits after the date of the injury)

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.

We Offer Free Consultations And A Free Book About Workers’ Compensation Claims In Pennsylvania

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.

The post Don’t Sign Anything After An On-The-Job Injury Without Legal Advice appeared first on MHK Attorneys .

Study: Why Drivers Should Avoid Using Hands-Free Cellular Devices

Sun, 16 Feb 2020 22:03:00 GMT

Studies show that hands-free cellular devices act as a significant source of cognitive distraction to drivers.

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.

Measuring the impact of cognitive distraction from hands-free cellular devices.

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:

Listen to the radio
Compose a text or email using a voice-activated device
Listen to an audio book
Talk to a passenger in the car
Speak with someone using a hands-held cellphone

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.

The results

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.

Surviving a distracted driving car accident

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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How Drivers Can Stay Safe Around Tractor Trailers

Mon, 10 Feb 2020 22:03:00 GMT

Tractor trailers can be dangerous on the road and drivers should know how to drive safely around them in order to avoid an accident.

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.

Safety tips

According to State Farm, drivers should use the following safe driving practices when traveling alongside large trucks:

Stay out of a truck’s blind spots, especially on the right-hand side, behind and directly in front of the vehicle. Try to pass the truck quickly and on the left-hand side.
Never pull out in front of a truck. Big rigs need a longer distance to brake, and pulling out in front of them may cause a rear-end accident.
Drive defensively around large trucks. Keep an eye out for tractor trailers that are speeding or driving erratically and report them.
Trucks often make wide turns. Allow for these turns by staying out of their way.

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.

Deadly trucks

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.

What to do if a tractor trailer accident occurs

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.

The post How Drivers Can Stay Safe Around Tractor Trailers appeared first on MHK Attorneys .

Pennsylvania Boy Struck Walking to School Highlights Child Pedestrian Dangers

Wed, 05 Feb 2020 22:03:00 GMT

Child Pedestrians overlooked by motorists.

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.

High school boy hit and killed in front of school

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:

Being hit by a bus or by a vehicle illegally passing a bus stopped to let children on or off
Drivers who fail to stop for a crossing guard or to look before turning at an intersection
Drivers who fail to look before backing out
Drivers who don’t drive cautiously in areas where children are likely to be present, such as neighborhoods, school zones, playgrounds and sidewalks

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.

Seeking help from an attorney concerning a child pedestrian.

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.

The post Pennsylvania Boy Struck Walking to School Highlights Child Pedestrian Dangers appeared first on MHK Attorneys .

What Your Doctor Needs To Know About Your Workplace Injury

Fri, 31 Jan 2020 22:03:00 GMT

Keep your doctor informed about a workplace injury!

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.

Tell Your Doctor What Happened And How It Has Affected You

In particular, your doctor needs to know at every visit (not just during your first visit):

What your specific complaints are, including pain, sleep disturbances and general feelings such as fatigue
How your symptoms began: specifically, that they started as a result of a workplace injury
How you have complied with his or her recommendations from previous visits
How you have responded to medications or therapy

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.

Follow Doctors’ Orders

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.

Work With A Trusted, Knowledgeable Workers’ Comp Attorney

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.

Your Doctor Can Be An Important Ally After A Pennsylvania Workplace Injury, And So Can Your Workers’ Compensation Attorney

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 .

The post What Your Doctor Needs To Know About Your Workplace Injury appeared first on MHK Attorneys .

Scaffolding Accidents: What You Need to Know

Sat, 25 Jan 2020 22:03:00 GMT

Scaffolding accidents and workplace injuries.

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.

Equipment can fail!

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.

Consult your doctor and a lawyer after a scaffolding accident.

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 .

The post Scaffolding Accidents: What You Need to Know appeared first on MHK Attorneys .

Federal Safety Agency Investigating NEPA Amputation Accident

Tue, 21 Jan 2020 22:03:00 GMT

The NEPA Work Injury Accident that Led to Amputation

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.

You Deserve a Safe Workplace

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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How to Improve Ladder Safety in the Workplace

Sun, 19 Jan 2020 22:03:00 GMT

Improve your ladder safety!

Every day, millions of people climb a ladder for one reason or another. Some people are staffed with the responsibility of doing this as part of their job. There is nothing wrong with using a ladder, but it is important to remember the dangers associated with doing so. If you find yourself on a ladder for your job, make sure you do whatever it takes to practice ladder safety.

Ladder Safety Tips

According to the Occupational Safety and Health Administration, you should do the following when using a ladder at work:

— Make sure it is placed on stable, level ground.

— Secure the ladder to prevent sliding.

— Never exceed the maximum weight limit of the ladder.

— Always have three points of contact with the ladder: two hands and one foot, or one hand and two feet.

Along with the above suggestions from OSHA, there are several other things you can do to improve ladder safety in the workplace:

— Follow all labels on the ladder, even if they appear to be overly cautious.

— Only use ladders for their intended purpose.

— Do not move a ladder when a person is using the equipment.

— Do not use a ladder if your feet or the rungs are slippery, such as in the rain.

When you take steps toward improving safety in the workplace, you are doing a lot of good for you, your coworkers, and your company as a whole. The last thing you want is to make a decision that could lead to an accident that causes injury or death.

In the event of an accident.

If you’ve been involved in a workplace accident involving ladders or otherwise, MHK Attorneys are available to help. Book a consultation with an experienced attorney .

Source: The Business Journals, “ Tips to improve ladder safety in the workplace ,” accessed Jan. 19, 2016

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Things That Can Complicate Your Workers’ Compensation Claim

Tue, 14 Jan 2020 22:03:00 GMT

Navigating Your Workers’ Compensation Claim

If you find yourself in position to make a workers’ compensation claim, you have been injured on the job. This is a serious situation as it means you may not be able to return to work in the future. For this reason, your financial situation could take a hit.

You don’t want to do anything that will complicate your workers’ compensation claim. Instead, you should do whatever it takes to stay the course. This will allow you to receive benefits without delay.

Workers Compensation Do’s and Don’ts

One of the biggest mistakes you can make is failing to report your work injury or illness as soon as it happens. If you neglect to do this, the workers’ compensation carrier may argue that the injury or illness happened outside of work.

Here is something else to think about: You should never listen to what your employer has to say. Your company does not want their workers’ compensation insurance rates to increase. For this reason, they may try to talk you out of making a claim.

When it comes to your injury, you need to seek timely medical treatment. Not only does this improve your chance of an approved claim, but it will also benefit you from a medical perspective.

Professional Assistance

Our attorneys know what it takes to file a successful workers’ compensation claim. We are here to make sure nothing stops you from receiving the benefits you deserve. If you want to learn more or need professional guidance, contact us at your earliest convenience. You can also read through our website and Facebook page to improve your knowledge of workers’ compensation law.

The post Things That Can Complicate Your Workers’ Compensation Claim appeared first on MHK Attorneys .

Belleville Woman Charged in Fatal Motor Vehicle Accident

Mon, 06 Jan 2020 22:03:00 GMT

Fatal motor vehicle accident leaves Bloomfield woman dead.

A Belleville woman has been charged in connection with a fatal motor vehicle accident that killed a 20-year-old Bloomfield woman.

The woman was killed in a single vehicle accident on August 2, 2015.

According to reports, the driver, an 18-year-old woman, was driving a Jeep on interstate 95 when the accident occurred. The Bloomfield woman was a passenger in the vehicle, returning home from an audition for the “American Idol” television show in Philadelphia, Pennsylvania.

The Chief of Homicide by Vehicle Division for the Bucks County District Attorney’s Office confirmed that the driver, who is being tried as a juvenile, will be charged with homicide by vehicle as well as three counts of aggravated assault by vehicle. On top of this, he noted she has also been charged with seven misdemeanor counts of reckless endangerment.

Pennsylvania State Police responded to the accident at 6:41 p.m. According to a state police new release, it was then that they found “six individuals lying in various locations outside of the vehicle with injuries varying from minor to one being unresponsive.”

Despite the charges, when the driver was reached by phone she said she was “not driving recklessly.”

Every time a vehicle takes to the roadway, regardless of the driver and location, there is as chance of an accident. In this case, a vehicle full of people was involved in an accident, leading to the death of an aspiring singer.

When this type of accident occurs, it is important for everybody involved to receive medical attention. After that, the victims and their family members can then learn more about what happened and explore their legal options. If you are in need of legal information regarding vehicle accidents you can visit our website or book a consultation with an MHK attorney now.

Source: NorthJersey.com, “ Belleville driver charged in crash that killed aspiring American Idol singer from Bloomfield ,” Roman J. Uschak, Belleville Times, Dec. 30, 2015

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What are the 6 Categories of Workplace Hazards?

Wed, 01 Jan 2020 22:03:00 GMT

Six Categories of Workplace Hazards

The Occupational Safety and Health Administration has identified six categories of workplace hazards present in most industries at one time or another. These categories include:

Safety Hazards

These hazards can cause illness, injury and death and include, but are not limited to, spills on floors, working from heights, unguarded machinery and electrical hazards.

Biological Hazards

These are hazards that are found when working with infectious plants, animals or people. The types of things that workers might be exposed to include animal and bird droppings, blood and other bodily fluids, insect bites, mold or fungi and bacteria and viruses.

Ergonomic Hazards

These hazards occur when working conditions put a strain on the body. These are often the most difficult hazards to identify because the strain or harm isn’t always immediately noticeable. Examples include vibration, improperly adjusted chairs and workstations, lifting frequently, repetitive motions and poor posture.

Physical Hazards

These are found in the environment and can be harmful even if they aren’t touched. These types of hazards include constant loud noise, radiation, temperature extremes and high exposure ultraviolet rays.

Chemical Hazards

These are any form of chemical a worker might be exposed to such as a liquid, solid or gas. Some chemicals are not as harmful as others, but even the most common cleaning products can cause irritation of the skin. Examples include pesticides, cleaning products, flammable materials, pains and acids, gases such as carbon monoxide, helium and acetylene and fumes and vapors that come from solvents or welding.

Work Organization Hazards

These are hazards that lead to increased stress at work, such as a lack of respect or control, workplace violence, sexual harassment or workload demands.

As you can see, each category contains significant risks and hazards to employees.

Filing a Claim or an Appeal

If you are injured on the job and have a workers’ compensation claim denied, an attorney can help you file an appeal. Contact MHK Attorneys for questions or consultations.

Source: Occupational Safety & Health Administration, “ Circle Chart ,” accessed Jan. 01, 2016

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The Most Common Causes of Construction Safety Accidents.

Sat, 28 Dec 2019 22:03:00 GMT

Construction Safety Accidents can be Avoided!

If you work in the construction industry, accidents are a part of your job. While this may be true to a certain extent, it doesn’t mean you have to give in to the fact that you will some day be injured in a construction safety accident. All construction workers should understand the most common causes of accidents. This goes a long way in helping them avoid trouble.

Accident Catagories

There are four primary categories of construction safety accidents, including the following:

Falls

With so many people climbing and working at height, the chance of a fall is always a possibility.

Electrical Incidents

There are many types of electrical accidents, including but not limited to the improper use of equipment and contact with power lines.

Struck by an Object

When a construction worker is struck by an object, such as a piece of equipment, there is a good chance of injury.

Trenching and evacuation.

Construction Safety Accident Prevention

Every company should do whatever they can to improve the safety of each construction site. The same holds true for the workers. When everybody is on the same page, there is less chance of an accident.

Construction workers enjoy their job, but this does not mean they are okay with the idea that they could be injured at some point. If you want to avoid trouble, make sure you are familiar with all the safety risks associated with your worksite and position. This is no guarantee that you will avoid trouble, but it can definitely work in your favor.

Information regarding worksite injuries and workers’ compensation can be found on the MHK website. If you would like to speak with an attorney about your specific situation or schedule a consultation you can do so here.

Source: Lorman Education Services, “ The Top 4 Causes of Construction Safety Accidents ,” accessed Dec. 28, 2015

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Construction zones almost seem designed to cause accidents

Thu, 26 Dec 2019 22:03:00 GMT

Construction workers in Pennsylvania know that their jobs can be dangerous. Accidents may not happen every day, but when they do, they can range from bumps and bruises to permanent disability to death.

In fact, if a visitor from another planet landed at the average construction site, it may conclude that the zone was designed to hurt injury. There is tall scaffolding, from which a worker might fall dozens of feet to the ground. There are pieces of heavy machinery that can crush someone. Beams and other objects can fall from above and hit workers below. Even hand tools and nails can cause injury.

Of course, a construction site is not supposed to be a house of horrors. But people can and do get seriously hurt there. If the injury is serious enough, the worker might have to take weeks or months off to recover. For seriously injured construction workers, workers’ compensation is a vital lifeline. For those who qualify, the benefits can help make up for the income the worker cannot earn, and pay for medical care they need.

Readers should know a construction worker’s employment status can make a difference about whether he or she qualifies for workers’ compensation. Often, employers try to claim that employees are not actually “employees,” but rather an independent contractor. This can be an important issue, but experienced workers’ comp attorneys know the factors that determine whether a worker is an employee or not.

A construction injury may only be the first step on a path through medical rehabilitation and recovery. An attorney can be a helpful guide down that road.

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Drunk Driving is More Common During the Holiday Season

Sun, 22 Dec 2019 22:03:00 GMT

Holiday seasons come with an increase in drunk driving.

There is no denying the fact that drunk driving is a major problem in the United States. This is a crime that is committed day after day in every state throughout the country.

Incidents of drunk driving increase during the holiday season. According to a recent report, on average there are 1,900 driving under the influence arrests during the month of December. Due to this increase, police are always on the lookout.

Regardless of where you live or the roadways you are traveling this holiday season, you have probably come across a few highway signs noting that you should not drink and drive. Despite these messages, some people don’t learn their lesson. They decide to drink alcohol, get behind the wheel, and take their chances.

With so many people drinking and driving during the holidays, the chance of an accident also increases. Unfortunately, many drinking and driving accidents result in serious injury and even death.

This year, just the same as every one before it, there will be people who push their luck and hit the road after they have had too much to drink. The worst part of this is that some of these people will cause an accident that injures or kills an innocent person.

Drunk driving always ramps up during the holiday season. As a driver, you should be sober all the time. You should also pay attention to those around you. If you feel that somebody is driving under the influence, keep your distance and then contact police. This could help you and others avoid an accident. If you’ve been involved in an accident and are seeking legal advice, book a consultation with an MHK attorney today.

Source: CBS Baltimore, “ Incidents Of Drunk Driving Increase During Holiday Season ,” accessed Dec. 22, 2015

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How Workers Can Keep Safe from Forklift Accidents

Fri, 20 Dec 2019 22:03:00 GMT

Forklifts are essential, but potentially dangerous, tools.

Ask any employee who earns their living in the warehousing, manufacturing or retail sector about the essential tools of their trade, and there’s a very good chance that they will list things like pallet jacks, back belts, utility knives and, of course, forklifts. It would be virtually impossible for any operation of appreciable size within one of these sectors to fill orders and manage inventory without these ubiquitous forked and four-wheeled machines. Despite this utility, however, it’s important to understand that forklift accidents present a very real risk to workers.

If you don’t believe it, consider that statistics show that the nation sees an average of 35,000 serious injuries and 62,000 non-serious injuries involving forklifts every year.

Experts have identified a few easy steps that employees can take to prevent forklift accidents.

Observe safe driving practices : Take care to drive slowly, reducing speed even further when negotiating turns. Furthermore, ensure that loads are transported only if stable and never exceed the recommended weight limit. Finally, ensure that headphones and other potentially distracting electronics are not used while operating the forklift, and utilize backup cameras.
Maintain safe distances and ideal operating conditions: Ensure that forklifts are only driven in areas where there is little foot traffic, low volume levels, good lighting and no obstructions. In addition, workers on foot must remember to give the forklift operator a wide berth and never make physical contact with a moving load.
Maintenance and training: Demand that employers conduct the necessary maintenance to ensure the forklift stays in safe operating condition and provide training at least twice a year to ensure all employees remain current on best practices.

Those who do suffer forklift-related injuries while on the job should understand that they do have rights and they do have options, including workers’ compensation benefits. To learn more, consider contacting an experienced legal professional at MHK Attorneys.

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Malignant Mesothelioma Risk Factors

Wed, 18 Dec 2019 22:03:00 GMT

Asbestos among primary mesothelioma risk factors

There are specific risk factors for many diseases. Even though you may have one or more risk factors, that doesn’t mean that you will automatically get the disease. Not having any risk factors doesn’t mean you won’t get the disease, either. There are some risk factors that can increase your chances of getting mesothelioma.

Asbestos exposure is a primary risk factor for pleural mesothelioma. When asbestos fibers get into the lungs, they enter the chest wall and the lining of the lungs. The cells in the lining are injured, which can eventually result in mesothelioma. Those fibers can also damage the lungs’ cells and result in lung cancer or asbestosis.

It’s believed that millions of people in this country have already been exposed to this dangerous substance. Asbestos was once used as insulation in public and commercial buildings, including some schools, and in older homes. While exposure to asbestos usually only occurs when those building materials are removed or begin to decompose, there are some occupations that also had serious exposure to asbestos in the past. These included ship builders, railroad workers, factory workers, some miners, plumbers and construction workers, just to name a few.

It can take 20 to 50 years to develop mesothelioma after the first time someone is exposed to asbestos. Even if there is no more exposure to asbestos, the risk for developing mesothelioma appears to be ongoing.

If you or a loved one have been diagnosed with mesothelioma, you should consider whether it could have been caused by asbestos exposure. At MHK Attorneys, we know how frightening it can be to have a diagnosis of mesothelioma. However, we are here to help you and your family during this difficult time. Contact an experienced MHK attorney .

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Why Are Workers’ Compensation Benefits Denied?

Sun, 15 Dec 2019 22:03:00 GMT

If it comes time to make a workers’ compensation claim, you hope that the process will be fast and efficient from start to finish. After all, you don’t want to wait around to receive the money you deserve. Unfortunately, there are times when workers’ compensation benefits are denied. In short, this means you are not receiving the money you need to make ends meet while you are out of work.

There are a variety of reasons for a denied workers’ compensation claim, including the following:

— If the employer can prove that the injury occurred away from work.

— If the injured party does not notify the employer of the injury in a timely manner.

— If the injured party does not receive immediate medical treatment.

— Lack of documentation in regards to showing that the injury is work related.

— Pre-existing condition.

— If the injury occurred while the person was under the influence of drugs or alcohol.

— If the injury occurred while the person was rough housing.

With all these points in mind, it is important to remember one thing: You are in charge of ensuring that you receive workers’ compensation benefits. Your employer may not want to pay, so you need to do whatever it takes to stop this from happening.

It is your responsibility to report your injury, receive medical advice, and file a workers’ compensation claim on time.

When you take all the right steps, you can avoid your workers’ compensation benefits from being denied. This will make it much easier to recover.

Source: Workers Comp Resource Center, “ 10 Reasons Why Workers Comp Benefits are Denied ,” accessed Dec. 15, 2015

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Winter Weather Can Cause Trouble on the Roadways

Mon, 09 Dec 2019 22:03:00 GMT

Winter weather calls for extra precautions for drivers.

As one of our Pennsylvania readers, you know that winter weather will be here soon enough. While this can be enjoyable in some cases, it is also dangerous in a number of ways.

It doesn’t matter what type of vehicle you are driving, doing so in inclement weather means changing your approach.

Here are several tips for staying safe when driving in winter weather conditions:

Make sure your car is prepared for winter weather. From properly inflated tires to plenty of windshield wiper fluid, being prepared is a must.
Clear snow and ice from your vehicle before hitting the road. This keeps you and other drivers safe.
Drive with your headlights on when the snow is coming down.
Keep a safe distance between your vehicle and others on the road.
Be aware of other drivers, such as truckers, who may have a difficult time controlling their vehicle in bad weather.
Be cautious on overpasses and bridges as these become icy before other roadways.
Monitor weather conditions before leaving home.

Winter weather can cause trouble on any roadway. This is particularly true in heavy snow and/or ice when many vehicles are in close proximity to one another.

Many commercial vehicle accidents occur during the winter months. This is due to truckers taking risks, such as speeding when there is snow on the highway.

If you are involved in an accident, attempt to move your vehicle out of harm’s way. Along with this, make sure you receive medical attention without delay. From there, you can begin to investigate the accident to determine what happened and how to proceed with repairs and dealing with other damages. If you are seeking legal assistance after an accident contact MHK Attorneys .

Source: Travelers, “ Winter Driving Safety Tips ,” accessed Dec. 09, 2015

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Fatal Crash Won’t Result in Charges for Business Leader

Wed, 04 Dec 2019 22:03:00 GMT

Driver remains uncharged in fatal crash.

It’s been a little over a year since a fatal crash took the life of a 53-year-old man in Bethlehem, Pennsylvania. The family said the man used a cane to get around and was likely headed to a nearby restaurant or convenience store the night he was killed.

The man was hit as he crossed West Union Boulevard where it intersects with Main Street. According to authorities, witnesses said the man slammed against a black BMW’s hood, fell to the ground and was run over before the car stopped. The victim died at the accident scene.

The driver of the BMW is a well-known business owner in the area, also serving on several board of directors for several Lehigh Valley institutions. The Northhampton County District Attorney’s Office declined to prosecute the driver even though there was evidence that he had been drinking.

According to police reports, the driver wasn’t speeding and the victim attempted to cross the road against a green light. The driver’s blood alcohol content registered at .072, which is just below the .08 limit for a charge for DUI in Pennsylvania. He also submitted to a blood test, which put his BAC at .06. The man had admitted to having a beer while waiting to pick up a pizza.

The victim’s family has retained an attorney who said that a civil lawsuit will be filed this month against the driver. He believes that the case will be strong in civil court because there is a lower burden of proof required than for criminal charges. The victim’s family is upset that the driver of the BMW was not charged. The driver’s attorney said that the accident was just that — and accident.

The district attorney denied allegations by the attorney for the victim’s family that the driver was treated any differently than anyone else would have been.

When someone is killed by another person’s negligence, the family has a right to seek compensation. An attorney with experience in wrongful death cases can provide more information about how to proceed with such a case. Contact MHK Attorneys here.

Source: Lehigh Valley Live, “ No charges for business leader drinking before fatal crash, cops say ,” Nick Falsone, Nov. 24, 2015

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What is a Material Safety Data Sheet?

Sun, 01 Dec 2019 22:03:00 GMT

All employees should be aware of material data safety sheets.

As an employee, there may come a time when you need to read and understand a material safety data sheet (MSDS). This document provides information regarding the nature of a chemical, including but not limited to chemical properties, fire, safety, and health hazards.

While a material safety data sheet is designed for workers who could be exposed to a hazardous material, don’t be surprised if you come across this during some point in your employment.

All material safety data sheets must include the same information:

Chemical identity.
Manufacturer’s information.
Hazardous ingredients.
Physical and chemical characteristics.
Fire and explosion hazard data.
Reactivity data.
Health hazard data.
Precautions of safe handling and use.
Control measures.

While it is good to know that material safety data sheets exist, some employees don’t know where to find them. For this reason, they could be exposed to a chemical that they know nothing about.

Employers must give employees access to all material safety data sheets.

The employer is required to request material safety data sheets from the distributor.

Your union should be able to provide material safety data sheets to its members.

As an employee, it is good to understand the materials you are working with. This is particularly true if they could be hazard to your health or cause injury.

The best thing you can do is review any and all material safety data sheets. This will ensure that you fully understand the chemicals you come in close contact with on a regular basis.

Currently seeking legal advice? Contact an MHK attorney here , or connect with us on our Facebook page .

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Common Workers’ Compensation Claim Mistakes

Sun, 24 Nov 2019 22:03:00 GMT

Avoid these Worker’s Compensation Claim Mistakes.

If you were injured on the job (or became ill) and need to make a workers’ compensation claim, it is imperative to understand how the system works in your state. This can go a long way in helping you avoid mistakes.

Here are several workers’ compensation claim mistakes that can have a negative impact:

Failing to report your injury immediately. The longer you wait the better chance there is that your company will claim the injury happened outside of work.
Taking advice from your employer. You may think they are trying to help, but in all actuality your employer could be looking for the easy way out. They don’t want to pay your claim, as this will cost them money.
Neglecting to tell your medical provider exactly what happened. In addition to the finer details of the injury, including how it occurred, you should tell your medical team that it happened at work.
Trusting the workers’ compensation company. Just the same as your employer, the insurance company may not have your best interest in mind. Their job is simple: to limit the payout of claims.

These are the types of mistakes that can impact your workers’ compensation claim. Our attorneys know the ins and outs of the system, including how to avoid every mistake that could hold you back from obtaining compensation.

If you want to book a free consultation or learn more about workers’ compensation claims, including mistakes to avoid, visit the workers’ compensation section of our website . Connect with us on Facebook here .

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Black Friday Can Lead to Workplace Injury

Wed, 20 Nov 2019 22:03:00 GMT

Black Friday crowds can be dangerous for employees.

When you are on-the-job, your expectation is that you will be safe. Even general contractors have safety guidelines that include keeping their workers safe when working at heights. Believe it or not, Black Friday workplace injuries are not unheard of. With the time of year coming up when people get out at pre-dawn hours to get great deals, you need to be aware that there is a chance you could be injured while working.

The fact that so much money is made on this day, motivates retailers to offer discounts on items that people often want for the holidays. Stores have enormous crowds of people who are pushing toward the door the minute it opens and this alone can cause injury to the employees who are working that day.

Years ago, a 34-year-old man was trampled on Black Friday by a large crowd of people who wanted in first. This is so sad, because it can be avoided. Now, stores are staying open on Thanksgiving and are offering their Black Friday deals online to avoid the mad rush on the day after Thanksgiving.

It must be said that, sometimes, even when you are using all your safety skills and are being careful at work, you end up injured and hurting. What are your next steps? Whom do you turn to in this hour of need? After you have been examined and treated by a medical professional you may want to talk to an attorney who will patiently listen to your story and will be able to guide you through your options.

Being hurt on the job can cause you to miss work and that causes you to miss paying your bills. And what about the medical bills that came out of your injury? All these can be addressed by contacting a legal professional who understands the law thoroughly.

Source: Industrial Safety and Hygiene News, “ How to keep retail workers safe during Black Friday ,” accessed Nov. 20, 2015

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Chemical Exposure Victims Don’t Always Receive Workers’ Compensation

Sat, 16 Nov 2019 22:03:00 GMT

Hazardous chemical exposure is a common workplace risk.

In many industries, employees may encounter chemical exposure that can cause bodily harm. If a person is injured or becomes ill on the job, he or she has the right to collect workers’ compensation benefits.

Despite the fact that the workers’ compensation system is in place for this reason, there is often a challenge standing in the way: The employer does not always want to cooperate.

In a piece published by Truthout, a woman tells the story of how it has been eight years since she filed a workers’ compensation claim on behalf of her husband. After four and a half years of fighting, a judge finally stepped in and agreed that the man became ill as the result of chemical exposure.

The judge made this decision in 2012, and the man passed away in 2014. Even so, his wife continues to fight in an attempt to be compensated for lost wages and medical bills.

Unfortunately, this sort of trouble is all too common. It is difficult enough to receive workers’ compensation benefits when a person can prove a physical injury, such as an amputation, but things are even more challenging when a chemically induced illness is the cause.

Proving workplace chemical exposure can be a challenge, which is something employers are well aware of. By using this to their advantage, companies are often in position to avoid paying a workers’ compensation claim.

If a person becomes ill on the job as the result of chemical exposure, it is imperative to collect as much evidence as possible. This will come in handy when making a workers’ compensation claim in an attempt to receive compensation.

If you’re suffering from a workplace injury or illness, an MHK attorney may be able to assist you in your case. Book a consultation now.

Source: Truthout, “ Disease Victims Often Shut Out of Workers’ Comp System ,” Jamie Smith Hopkins, The Center for Public Integrity, Nov. 13, 2015

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How Can Employers Transition to Safer Chemicals?

Sun, 10 Nov 2019 22:03:00 GMT

A slow transition to safer chemicals in the workplace.

According to the Occupational Safety and Health Administration, workers throughout the country use chemicals every day of the week. While many of these are dangerous, only some are regulated. Workers suffer nearly 200,000 illnesses annually due to use of chemicals. Just as alarming is the fact that chemical exposure is associated with 50,000 workplace deaths. Moving towards safer chemicals can prove beneficial for both employers and workers.

Some companies have come to realize the importance of a chemical management system. Others, however, continue to put this off for one reason or another.

Companies can take many steps to reduce the impact of chemicals. Above all else, the reduction or elimination of chemical hazards should be considered. This is the best way to protect workers at all times.

In addition to improving the well being and safety of workers, there are many other benefits of a chemical management system. These include:

• Cost savings through the reduction of expenses and health risks.

• Improved performance.

• Industry leadership.

Transitioning to safer chemicals is not something that comes easy. Instead, it is a process that can take time and money. Despite the legwork up front, companies that make the change will benefit in many ways down the line.

Even with the Occupational Safety and Health Administration closely monitoring the use of dangerous chemicals, accidents continue to happen in many companies throughout the country. Additionally, an accident doesn’t have to occur for somebody to become ill. Simple chemical exposure is often enough.

As an employee, you need to understand the dangers of working around chemicals. If you become ill as a result, it is important to receive medical treatment and to avoid the same situation in the future.

If you’re suffering from a chemical related injury or illness, an MHK attorney may be able to help. Book a consultation today.

Source: Occupational Safety and Health Administration, “ Transitioning to Safer Chemicals: A Toolkit for Employers and Workers ,” accessed Nov. 10, 2015

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Safety Concerns Raised Over New Roundabout

Wed, 06 Nov 2019 22:03:00 GMT

Dupont roundabout raising concerns among drivers.

A new roundabout in Dupont, Pennsylvania, is creating safety issues according to several truck drivers and other motorists. The roundabout is not completed yet, according to a Pennsylvania Department of Transportation spokesman; however, it is open to traffic.

One truck driver who has been driving for 50 years said that you can’t get off the exit without going into the other lanes. He told reporters, “It’s unsafe. They’re going to get somebody killed.”

While a reporter was at the roundabout, there were several trucks that had difficulty negotiating the turn. Another truck driver said, “I had my passenger side tires right up against the curb line on the outside and I still ran the trailer tires across the center of the roundabout.”

The PennDOT spokesman said that the purpose of the roundabout is to get everyone to slow down — especially trucks. However, when obeying the 20 mph speed limit, truck drivers say it is simply too sharp. The spokesman said that the curve of the roundabout will be checked again and again to make sure it is how it is supposed to be.

When someone is injured or dies because of a negligent road design, the victim or his or her family may be able to seek compensation from the state. Filing a lawsuit against a government agency requires an experienced attorney.

Some of the possible claims that might be made in such a lawsuit include those for pain and suffering, medical expenses, lost wages and more. Understanding how such a case proceeds through civil court is the first step.

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Steps Towards Improving Commercial Bus Travel Safety

Sun, 03 Nov 2019 22:03:00 GMT

Commercial bus travel safety should not be ignored.

Many people enjoy taking long bus trips. This allows them to reach their destination without having to drive themselves or get on a plane. Not to mention the fact that it is often more affordable. However, here is the problem with commercial bus travel:

An accident can happen at any time.

These are not common, but they do happen.

Both drivers and companies can take steps to protect the safety of each and every passenger. This includes:

Make sure all drivers receive the appropriate training.
Ensure that drivers understand the risks associated with driving while fatigued.
Provide drivers and passengers with safety information.

Just these things can go a long way in helping everyone remain safe.

A fatigued driver is a dangerous driver.

A fatigued driver should never be behind the wheel. Fortunately, there are laws in place to help protect against this. For example, interstate bus drivers are not allowed to be on the road any longer than 10 consecutive hours. Unfortunately, not every company nor driver adheres to these laws.

We all can take steps in preventing accidents and improving safety.

If you have plans to travel on a tour bus, choose a company with a good reputation for safety. Along with this, do your part in understanding what it takes to remain safe. And of course, if you see something that could cause harm to you and other passengers, don’t wait to speak up. This could help prevent an accident that could cause injury and/or fatalities.

If you’ve been involved in a commercial accident and are seeking legal assistance or advice, an experienced MHK attorney may be able to help. Contact us here or connect with us on our Facebook page .

Source: Federal Motor Carrier Safety Administration, “Travel Planners: Put Traveler Safety First,” accessed Nov. 03, 2015

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What are the workers’ compensation benefits in Pennsylvania?

Sun, 27 Oct 2019 21:03:00 GMT

If you are injured on the job in Pennsylvania, you don’t want to sit around and wait to learn more about workers’ compensation. Instead, it is important to understand what is available to you, how to file for benefits, and what is expected of you during the recovery process.

One of the most important things you can do is learn more about the many types of workers’ compensation benefits provided by the state program. These include:

— Payments for lost wages. This is available if you are partially disabled and earning less than your pre-injury earnings or fully disabled and not in position to work.

— Death benefits. If the injury leads to death, surviving dependents of the person may be able to receive this type of workers’ compensation benefit.

— Specific loss benefits. This comes into play if you lose permanent use of a sense or body part.

— Medical care. If you are injured or become ill on the job, you may be entitled under the law to receive benefits for related medical and surgical procedures.

No two workers’ compensation claims are the same. This is why any injured party needs to learn more about the benefits system, as well as their rights.

Final note: Don’t delay in reporting your injury or illness to your company, as this can make it more difficult to receive some or all of the benefits detailed above.

The Pennsylvania workers’ compensation system is in place to provide a variety of benefits. Knowing which ones you qualify for is extremely important to your future.

Source: Pennsylvania Department of Labor and Industry, “ Workers’ Compensation & the Injured Worker ,” accessed Oct. 27, 2015

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Construction Worker Injuries and On-the-Job Safety

Wed, 23 Oct 2019 21:03:00 GMT

Safety on the Construction Site

There are a number of safety issues that construction workers face on the job that other workers do not. Some causes of construction worker injuries though, are very similar.

Fatal Job Accidents

In 2012, there were 4,175 worker deaths . Just over 19 percent were in the construction industry — or just over 800 workers. More than half of those deaths were caused by only 4 factors:

Falls accounted for 279 construction worker deaths in 2012.
Seventy-nine workers died after being struck by an object.
Electrocution was the cause of death for another 66 workers.
Thirteen deaths were caused by workers being caught in between something.

It’s not just fatal injuries, though. Construction laborers also were injured more than many other types of workers.

MHK Attorneys Have the Experience Needed to Help.

At MHK Attorneys, we work to protect the rights of workers. We know that a high chance of construction worker injuries comes with the job; however, when injuries are the result of a negligent employer, that is a different story.

Contract workers and employees can seek compensation when they are injured. This is especially true if a third party, such as the manufacturer of faulty equipment is to blame for the accident. We work diligently to get our clients the compensation they deserve after a construction accident.

Insurance companies will try to convince you that you don’t need the benefits you deserve. We’re used to fighting these large corporations and we know their tricks. We want you to know that we will be right beside during the entire process. Visit our website to learn more.

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Event cancelled after student dies in car accident

Sun, 20 Oct 2019 21:03:00 GMT

Penn State University’s THON charitable campaign has been going strong for years. This time around, however, the organization has decided to suspend a canning weekend, during which students collect donations, due to the death of a student in a car accident.

According to reports, a 19-year-old female student from Connecticut was killed in an accident on the Pennsylvania Turnpike. She was returning from a canning event in Philadelphia, along with other students, when the crash occurred.

The executive director noted that the group is suspending the upcoming event to take a closer look at the policies associated with its fundraising model. This includes those who would not have been required to travel in order to collect donations.

The executive director also added the following:

“This past week, we have received multiple emails and calls from community members concerned with volunteer safety.”

The suspension of the upcoming event will give the organization time to consider its policies, while also ensuring the safety of students.

The student was the second one in four years to die in a car accident during a donation weekend for THON. This also happened in 2011.

The THON charitable campaign has nothing but the best intentions. Unfortunately, it has led to a couple student deaths over the past four years.

Anybody who spends time driving on the highway, regardless of his or her destination, should realize the importance of remaining safe at all times. This includes watching what other drivers are doing. In the event of an accident , the authorities should be notified and medical help should be sought.

Source: The Morning Call, “ Penn State’s THON cancels ‘canning’ weekend after volunteer’s death ,” Associated Press, Oct. 06, 2015

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How to deal with toxins in the workplace

Sun, 13 Oct 2019 21:03:00 GMT

There are some types of companies in which toxins in the workplace are a daily occurrence. Even so, this does not mean that employees should be exposed. Instead, it is imperative that they are kept protected at all times.

Any company can take steps to prevent or reduce toxin exposure. Not only should the company have a system and strategy in place for doing so, but employees should be aware of what is expected of them.

Some of the best ways to prevent exposure to toxins in the workplace include:

— Substitution. This includes the removal of a toxic material for one that is safer.

— Isolation. If toxins must be used, it is important that they are isolated from workers.

— Ventilation. This is one of the best ways to control toxins, ensuring that they are removed from the space before harming others.

— Personal protective equipment. Once again, there are times when workers will be exposed to toxins. As long as this is known — as long as it is expected — it gives workers the necessary time to put on equipment such as a mask, ventilator and protective clothing.

These are just a few of the many ways that companies and employees can deal with toxins in the workplace . What matters most is that direct exposure is avoided at all costs.

If a person is injured or becomes ill due to toxic exposure, it is important to receive immediate medical attention. Waiting for any reason could make the problem worse, thus putting the person in a more challenging position.

Source: FIndLaw, “ Toxic Exposure in the Workplace ,” accessed Oct. 13, 2015

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Revisions show even more fatal injuries happened in 2013

Wed, 09 Oct 2019 21:03:00 GMT

The Census of Fatal Occupational Injuries—or the CFOI—was released on a preliminary basis back in September of 2014, after data had been collected, and it found that there were 4,405 fatal injuries during the year. However, revisions have now been made and the new total has been released, showing that there were even more injuries than previously thought. The final count stands at 4,585.

While this includes injuries in Pennsylvania, the overall count is for the entire United States.

Despite this increase, the numbers are going down. These reports were first put out back in 1992. Since that time, there has only been one other year with a lower total amount of fatal injuries than 2013.

Additionally, there were 3.4 fatal injuries in 2012 for every 100,000 workers on the job. In 2013, that number fell to 3.3. It’s not a huge move, but it does show a continual downward trend.

The study takes into account only full-time equivalent workers.

It’s interesting to note, however, that these trends don’t apply to all groups. For instance, 817 Hispanic or Latino workers were fatally injured in 2013, while only 748 were fatally injured in 2012. This means that the rate for these workers actually went up by a full 9 percent, even as the overall numbers fell. When looking at percentages based on every 100,000 workers, the rate for Hispanic or Latino workers also went up from 3.7 in 2012 to 3.9 in 2013.

No matter what group you fall into, it’s very important to know about your rights to compensation if you have lost a loved one in a fatal workplace accident.

Source: Bureau of Labor Statistics, “ Revisions to the 2013 Census of Fatal Occupational Injuries (CFOI) counts ,” accessed Oct. 09, 2015

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Construction’s Fatal Four.

Mon, 07 Oct 2019 21:03:00 GMT

When it comes to dangerous work environments, construction is at the top of the list.

In 2014, 20 percent of worker deaths were in construction. While OSHA (The U.S. Occupational Safety and Health Administration) understands that many types of construction accidents can occur, “Construction’s Fatal Four” need the most attention.

Construction’s Fatal Four:

Falls
Electrocutions
Struck by object
Caught-in/between

Approximately 40 percent of total deaths in the construction industry in 2014 were from falls. This is followed by 8.5 percent caused by electrocutions, 8.4 percent struck by object, and 1.4 percent for caught-in/between accidents.

Safety is everyone’s responsibility.

It is good to understand the seriousness of these types of accidents. However, they are difficult to reduce. OSHA is staffed with the responsibility of keeping workers safe at their place of employment. Along with state partners, the agency takes great pride in protecting the well being of more than 130 million workers. Even so, no agency is able to prevent every workplace accident.

Federal and state agencies, along with employers and employees, should work together to promote the safest possible work environment. This is easier said than done, but any progress is better than none at all.

Remember, It only takes one mistake in the workplace to seriously injure or kill a worker.

If you or a loved one has been injured in a workplace accident, an experienced legal professional may be able to help. Contact MHK Attorneys here or connect with us on our Facebook page .

Source: Occupational Safety and Health Administration, “ Commonly Used Statistics ,” accessed Oct. 07, 2015

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Third-party blame in commercial vehicle accidents

Wed, 02 Oct 2019 21:03:00 GMT

Human errors are responsible for a large number of motor vehicle crashes. However, Pennsylvania drivers aren’t the only ones who can be careless. Negligence may occur behind the scenes, particularly in commercial vehicle accidents.

A deadly accident involving a repurposed amphibious vehicle made national headlines in September 2015. Komonews.com reported five college students lost their lives after a so-called duck boat swerved into a charter bus on a West Coast bridge. Fifty people were hospitalized with injuries.

The unusual crash sparked a multi-level investigation by state and federal agencies, including the National Transportation Safety Board. Soon after the crash, the NTSB found out Ride the Ducks International had issued a recommendation to affiliates, warning axles on the former military vehicles might be unsafe. The warning was issued in 2013 encouraging specific axle repairs .

The axle on the duck boat involved in the fatal accident was sheared off. Officials were unable to establish immediately whether damage to the axle occurred before or after the duck boat slammed into the charter bus. Federal investigators estimated it might take up to a year to find out what really happened.

State officials, unprepared to wait for a final federal report, filed a complaint against the Seattle affiliate of Ride the Ducks. Authorities felt the fatal crash was caused, at least in part, by “unsafe operation.” Investigators want the Washington-based duck boat fleet sidelined during the probe, which involves the inspection of all vehicles and a review of driver records.

Strict safety standards apply to many commercial vehicles used to transport passengers. Violations of these standards can be used to help establish fault when Lehigh Valley accident victims file civil claims for personal injury or wrongful death.

Lengthy local, state and sometimes federal investigations complicate commercial vehicle accident claims . MHK Attorneys are prepared to help crash victims gather sufficient proof to support compensation claims against negligent drivers and third parties.

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Can I Receive Workers’ Comp and Disability Payments Concurrently?

Mon, 23 Sep 2019 21:03:00 GMT

Workers’ Comp and Disability

Each year, workers’ compensation programs are responsible for nearly $60 billion in medical benefits and cash for injured and ill workers. The biggest disability insurance program in the country, though, is Social Security Disability Insurance. Ninety-five billion dollars was paid out in 2008 to workers considered disabled. It is commonly asked if a worker may collect workers’ comp and disability concurrently.

Collecting Benefits

Injured or ill workers who meet SSDI requirements may collect payments alongside state workers’ compensation benefits. In addition, some may also qualify for Medicare benefits. Self-insurance or workers’ compensation insurance is required by law for more than 90 percent of people employed in all states except Texas. These employees are covered from the very first day of employment.

Benefits of workers’ compensation include medical care expense payments, cash payments for lost wages and permanent disability payments. The payments for lost wages are generally 66 percent of the employee’s wages. Those payments begin after a waiting period has passed, which is between three and seven days, depending on the state the employee works in.

A significant proportion of SSDI payments are due to illness and injuries that occurred because of a person’s work. However, SSDI is only available to workers who have met the requirements for work history, type of disability and how long the disability is expected to last.

Because the process for applying for SSDI can be fairly daunting, it’s best to have an advocate who will fight for benefits if the claim is denied. The same holds true for workers’ compensation benefits. An experienced Pennsylvania attorney can be a great benefit in terms of providing guidance and assistance with workers’ comp and disability. Contact MHK Attorneys here.

Source: U.S. Social Security Administration, “ Workplace Injuries and the Take-Up of Social Security Disability Benefits ,” accessed Sep. 22, 2015

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Slips, trips and falls among the Pennsylvania workforce

Sat, 21 Sep 2019 21:03:00 GMT

Of all the workplace accidents that can occur in Pennsylvania’s industries, slips, trips and falls sound the most inconsequential. It is true that many of these accidents merely result in scrapes and bruises; however, many others can cause consequences that are far more serious. In truth, slips, trips and falls actually represent the majority of reported workplace accidents, many of them resulting in death.

While some accidents are simply accidents, others in the slip, trip and fall category could have been prevented by employer action. When business owners or supervisors take the initiative to assess and evaluate the workplace for conditions that might lead to an accident, it benefits the employer and the employees alike. Some of the ways these kinds of accidents can be reduced or eliminated include:

— Keep worksites clean and free of hazards

— Monitor weather conditions outdoors and take steps to remove ice, water or snow

— Make wet floor signs available to use indoors in case of a spill

— Make the cleanup process a part of an employee’s regular work duties

— Keep aisles, walkways, stairways and other work areas free of obstacles

— Perform inspections periodically to minimize hazards

— Maintain good lighting in all work areas

With the simple techniques listed above, employers can reduce workplace accidents and give their workforce the confidence to be more productive. For Pennsylvania employees who have already been injured due to workplace hazards, workers’ compensation is there to help make ends meet during your recovery . It is important for all Pennsylvania workers to understand that filing a workers’ comp is your right under the state’s labor laws.

To learn more about workers’ compensation , please visit our web page dedicated to workplace accidents and legal solutions.

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Police not blaming alcohol for State College pedestrian death

Tue, 17 Sep 2019 21:03:00 GMT

One concern Brodheadsville parents have about their children, no matter how old kids are, is road safety. Parents start out by warning children about playing too close to a road or crossing a street and later progress to advice about driving. Parents understand what young children and some adults don’t – terrible car accidents happen.

A Penn State University engineering student was killed recently while crossing a State College street. The 23-year-old Wexford native was the third person to die at the same intersection since last summer. The car accident victim was rushed to a local medical facility and flown to a Danville hospital, where he died.

Police investigators said the student was struck while crossing the street late at night. The 27-year-old driver, a State College resident, apparently slammed on his brakes at the moment of impact. There was no indication the driver or pedestrian was under the influence, although standard-procedure toxicology tests were performed. A fault determination will be made after the investigation is completed.

A jogger was the first of three victims fatally injured at the intersection since July 2014. An 18-year-old student, a Penn State freshman, was killed by a pickup truck. The female pedestrian had been crossing against a traffic signal in an area without a crosswalk.

The second death in June involved a victim on a scooter, a 39-year-old man hit by a left-turning car. Authorities faulted the scooter operator for failing to stop at a red signal. Police patrols were stepped up in the area a month after the second fatality, even as local officials and residents began debating how to make traffic safety improvements at the intersection.

Civil courts determine what parties are liable for accident-related personal injuries and deaths. A Pennsylvania plaintiff may receive compensation when blame is shared, as long as the defendant’s percentage of fault is greater than the victim’s.

Source: Centre Daily TImes, “Penn State student killed in North Atherton Street pedestrian crash,” Shawn Annarelli, Sep. 08, 2015

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New rule proposed for mobile mining machines

Wed, 11 Sep 2019 21:03:00 GMT

The Mine Safety and Health Administration has proposed a new rule with the hope that it will prevent 70 mining injuries and 15 fatalities over the next decade. In addition, MSHA believes that the implementation of the rule would bring unquantified savings to the operators of mines because there would be fewer mining accidents that would delay production.

The rule would require scoops and coal hauling machines to have proximity detection systems in underground metal and non-metal coal mines. The proximity detection systems:

— Automatically stop a coal hauling machine or scoop to stop before it would come into contact with a miner.

— Provide visual and audible warnings when a miner comes to close to the machines.

— Have a signal that would indicate whether the system is functioning as it should.

— Keep the machine from moving, unless it is being repaired, if the system is working as it should.

— Prevent electrical system interaction.

— Must be installed and maintained by someone who is trained to do so.

The MSHA wants to hear what the public has to say about the proposal. It will hold public hearings on the matter.

Between 2010 and 2014, there have been 41 striking, crushing and pinning accidents that involved scoops or coal hauling machines. Nine miners died during that time frame.

When someone is injured or killed in a mining accident , the victim or the family of the victim has a right to collect compensation. Unfortunately, fighting the workers’ comp system can be an uphill battle. However, an attorney can make the fight easier and work to get the compensation you deserve.

Source: Mine Safety and Health Administration, “ Proposed Rule on Proximity Detection Systems for Mobile Machines in Underground Mines ,” accessed Sep. 11, 2015

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Diesel exhaust and particulate matter is hazardous to workers

Sun, 08 Sep 2019 21:03:00 GMT

Today’s industrial workforce relies heavily upon equipment and machinery to complete important tasks. Many of these machines and conveyances use diesel engines, which often release toxic fumes into the air through their exhaust systems. If not controlled, these fumes can be hazardous to the health of workers as well as other people in the vicinity.

The Occupational Health and Safety Administration has a lot to say about diesel exhaust and diesel particulate matter or DPM. OSHA describes these substances as soot particles containing ash, carbon, sulfates, silicates and metallic abrasion particles. Pennsylvania workers at particular risk of exposure to diesel matter include equipment operators, miners, oil and gas workers , vehicle maintenance workers and many others.

Some of the health hazards short-term exposure to DPMs and diesel exhaust can pose include mild conditions such as eye irritation, dizziness as well as irritation to the throat and nose. OSHA indicates that some of these more mild conditions can either disable or distract workers, increasing the risk to their health.

Diesel matter can also create more severe health conditions including lung cancer, respiratory disease, cardiovascular disease and cardiopulmonary disease. In fact, the risks are so great that the International Agency for Cancer research officially listed diesel exhaust and diesel particulate matter as known human carcinogens in June of 2012.

Exposure to diesel exhaust and particulate matter can be controlled or minimized with routine maintenance on diesel engines. Other preventative measures include using exhaust filters, using fuel additives, choosing cleaner burning engines and upgrading ventilation systems.

The takeaway here is that if employers or contractors take responsibility for the work environment they provide, it will likely result in minimal toxic exposure to dangerous diesel by-products. Those already suffering illness from exposure should consult with a local attorney to pursue workers’ compensation and other possible benefits.

Source: U.S. Department of Labor, “ Diesel Exhaust/Diesel Particulate Matter ,” accessed Sep. 08, 2015

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Parent of teen who caused fatal car crash sentenced

Tue, 03 Sep 2019 21:03:00 GMT

An unlicensed teen, vacationing in the Poconos last year, lost control of a Chevrolet Suburban and crashed. The Pennsylvania car accident claimed the lives of three 15-year-old boys from Bucks County and injured three other teens, including the 15-year-old driver. The owner of the vehicle, the driver’s father, told investigators his daughter did not have permission to take the vehicle.

Authorities later learned the father, now 54, lied to avoid responsibility for letting his daughter get behind the wheel. A judge recently held the father accountable for his actions by sentencing the defendant to a prison term of 6 ½ to 16 years. The man also must pay $73,000 in restitution for what a Wayne County judge said was the out-of-state defendant’s “irresponsible” and “selfish” behavior.

The defendant struck a deal with prosecutors, exchanging a guilty plea for reduced charges. The father was sentenced for three counts each of reckless endangerment and involuntary manslaughter.

The rollover crash occurred as the group of teens was returning from a Lake Wallenpaupack-area restaurant. The inexperienced driver lost control of the vehicle while speeding in a turn.

The daughter was charged with vehicular homicide in juvenile court. The teen, now 16, was ordered to pay restitution, perform 300 hours of community service and write an essay about the effects of the fatal crash. The girl also was placed on probation indefinitely.

The teen’s parents had been divorced since the girl was a toddler. Her father, known as “the fun parent,” made no effort to show up at his daughter’s court appearances. The girl has not communicated with her father since the accident.

Civil claims may be filed against parties responsible for a car accident victim’s injury or death. Defendants may include a driver, a vehicle owner and any other parties guilty of negligent or reckless behavior . Damage awards cover losses suffered by victims and surviving family members.

Source: The Morning Call, “ NY man sentenced to jail for letting unlicensed teen daughter drive prior to fatal Poconos crash ,” Jo Ciavaglia, Calkins Media, Aug. 20, 2015

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How are school buses to be improved upon?

Wed, 28 Aug 2019 21:03:00 GMT

When you put your children on the bus in the morning, you expect them to be safe and you believe the driver to be qualified to transport this precious cargo. Sometimes, this is a major assumption. Did you know that there were 340,039 fatal crashes during the years of 2004-2013 and of those accidents, 1,214 involved a school bus or transport? Astounding as it may seem, this is the truth.

In this same time period, there were 1,344 people who died in school sponsored traffic accidents. This translates to 134 fatalities per year. That is just too many. With the size of the bus, you would think that the kids would be safe. Unfortunately, this isn’t true. What exactly is the definition of a school transport?

The definition of school sponsored transport is a bus or even a non-bus that is transporting students under the age of 18. They are taking the students to activities that are during the school operating hours.

Twenty-five million students start the school day on a bus. They are designed for safety by being large, imposing, have flashing lights and drivers who are supposedly the top-of-the-line.

There are always ways to improve the system of transportation and this means that school buses can be improved on:

— Don’t roughhouse when getting on the bus– Don’t go near any type of traffic– Don’t stray when waiting– Line up when the bus comes– Wait until the bus comes to a full stop before trying to get on– Use the handrail provided on the bus

Sometimes, no matter how many rules you follow and how careful you are, an accident occurs . Your child is hurt through no fault of his or her own and you are distraught. You may have to miss work while your child recovers, not to mention the huge medical bills that will surely come. Being aware that this can happen is one thing, actually experiencing it is another. Having someone to talk to about this who has knowledge and experience in the law will be a vital help at such a traumatic time.

Source: National Highway Traffic Safety Administration, “ School-Transportation-Related Crashes ,” accessed Aug. 28, 2015

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Seeking solutions for Pennsylvania drunk driving accidents

Sun, 25 Aug 2019 21:03:00 GMT

Unfortunately, many residents in the Lehigh Valley area of Pennsylvania have suffered personal injury or property damage due to drunk driving accidents. This group of people includes accident victims themselves as well as family members of the victims. What makes it even harder for these victims is the simple fact that the problem of driving drunk is entirely preventable. Yet people continue to choose to get behind the wheel in a highly inebriated state, thereby taking their lives and the lives of others in their hands.

More people across the nation now recognize that the problem of drunk driving accidents is very nearly at the epidemic level. As such, many states have tightened their focus on putting an end to this tragedy. Pennsylvania is no exception and our lawmakers and police officials are also searching for ways to end drunk driving and reduce motor vehicle accidents.

Some of the solutions state governments now rely on include:

— Random sobriety checkpoints– Drivers’ license revocation or suspension–Ignition interlock devices– Steep penalties, even for first offenders

Educating young drivers in our society also plays a key role in helping reduce drunk driving accidents. By educating new motor vehicle operators with a full understanding of the danger of driving drunk, the next wave of adult drivers will hopefully behave more responsibly behind the wheel.

Drunk driving accidents are not likely to completely stop anytime soon. This means Pennsylvania drivers who follow the letter of the law need to protect themselves and their personal property. You can learn more about seeking compensation following a drunk driving accident by browsing the pages of our website.

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Victim auditioned for ‘American Idol’ before fatal crash

Tue, 20 Aug 2019 21:03:00 GMT

A 20-year-old passenger was killed recently on a Pennsylvania highway when a teen driver lost control of a Jeep. The 17-year-old driver and four other occupants suffered injuries when the vehicle rolled over on Interstate 95. According to a crash assessment by state police investigators, speeding led to the fatal car accident.

The woman who died had been in Philadelphia earlier that day among people auditioning for the televised talent show “American Idol.” Four of the six people in the Jeep were teens; the oldest was 24. Authorities said several occupants weren’t wearing safety restraints – three car accident victims were ejected during the nighttime crash.

Investigators reported the teen driver sped along the right shoulder of the northbound interstate in Bucks County to pass another vehicle. The Jeep Liberty then cut across traffic at a high speed and flipped over multiple times after entering the grassy median.

The driver, a 16-year-old female and two male passengers, ages 18 and 24, were hospitalized with noncritical injuries. A 19-year-old woman suffered broken ribs and a head injury. The unidentified teen driver is a Belleville, Mifflin County, resident — the woman who died and the other passengers lived in several different cities in a neighboring state.

The investigation into the fatal single-vehicle accident is incomplete. State police have not decided whether the minor driver will face criminal charges.

Personal injury and wrongful death lawsuits may be filed in Pennsylvania whether or not a driver is charged with a crime. Accident victims and surviving family members appeal to civil courts for compensation to cover losses like medical expenses, lost wages and other damages. Courts make judgments based upon whether negligent or reckless behavior caused serious or fatal injuries.

Accident attorneys help victims and families hold careless drivers accountable for their actions. Compensation from claims cannot undo harm caused by a crash. Damages reduce victims’ financial stress.

Source: The Morning Call, “ Police release name of American Idol hopeful killed in I-95 crash ,” Jo Ciavaglia, Calkins Media, Aug. 04, 2015

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How to avoid some common workplace injuries

Wed, 14 Aug 2019 21:03:00 GMT

Some workplace accidents in Pennsylvania are freak accidents, things that could never have been anticipated or avoided, but many of them are rather predictable. By taking the right steps, employers and employees can keep these things from happening.

For instance, a lot of back and spine injuries happen when employees are lifting heavy objects. To prevent this, employers can use carts and winches to assist with lifting when needed, and they can teach employees about technique and form — lifting with their legs, not their backs — so that they’re not hurt even when they have to lift on their own.

Another good way to avoid injuries is by risk mapping. This is done by taking a fresh look at the machines, facilities and equipment that are in use. Employers can look for potential dangers and examine workplace processes, and then they can take steps to eliminate very specific risks.

However, it’s important to remember that employees play a part in the accidents, as well. Employers need to make sure employees are not distracted, either by trying to do multiple jobs at once or by talking on a cellphone while working. Employees should also not be forced into shifts that are too long so that they are over-tired, which can cause them to make mistakes when they feel fatigued that they never would have made with a more sensible schedule that left them feeling fresh and alert.

Even when doing the above, workplace injuries cannot always be avoided. Those who have been hurt on the job must know what rights they have to seek out workers’ compensation.

Source: INC, “ 9 Avoidable Workplace Health and Safety Hazards ,” Josh Spiro, accessed Aug. 14, 2015

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Agency makes second attempt to reduce exposure to toxic material

Sun, 11 Aug 2019 21:03:00 GMT

Beryllium is a metal used across an array of industries including coal blasting space exploration and nuclear energy. It has become a valuable resource for engineers due to its lightweight strength and its ability to withstand the harsh environments many industries require. However, this material can also be deadly to many of the workers employed in these industries. It seems that just micro-sized amounts of beryllium dust and fumes can cause cancer as well as other major illnesses.

In 1975, the Occupational Safety and Health Administration made an attempt to tighten its standards regarding worker exposure to beryllium, but was defeated by the opposition of the secretaries of energy and defense. The opposition stemmed from beryllium’s critical use in the nuclear weapons industry, with the secretaries arguing that reducing worker exposure could compromise the nation’s defense strategies.

Now, OSHA is once again addressing industrial exposure to beryllium. On Thursday, August 6, OSHA proposed a set of new standards designed to reduce the acceptable level of exposure from two micrograms per an eight-hour shift to 0.2 micrograms per shift. OSHA staff members believe this reduction could save nearly 100 lives annually while also preventing up to 50 serious illnesses each year.

The new beryllium exposure standards could also benefit the nation, which has already paid compensation to some 2,500 nuclear weapons workers who have been diagnosed with chronic beryllium disease. OSHA also reports the use of beryllium in additional products such as space telescopes, dental appliances and golf clubs.

Hopefully, the new OSHA standards regarding beryllium exposure will soon be put into place, minimizing the risk of illnesses for workers in Pennsylvania. In the meantime, any worker in the state who believes he or she became ill because of beryllium will benefit from speaking with an attorney. A lawyer can help these victims with workers’ compensation insurance as well as third party lawsuits in some cases.

Source: The Center for Public Integrity, “ OSHA seeks to reduce exposure to highly useful, highly toxic metal ,” Jamie Smith Hopkins, Aug. 05, 2015

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Risks for Lehigh Valley motorcycle riders

Wed, 07 Aug 2019 21:03:00 GMT

The freedom to ride enjoyed by Pennsylvania motorcyclists can come with a heavy price. Motorcyclists are well aware of the hazards of riding, but the dangers bear repeating for drivers who, all too often, fail to acknowledge riders’ rights. Driver right-of-way violations are responsible for 66 percent of accidents involving motorcycles and larger vehicles .

The risks of dying in an accident are approximately 26 times greater for motorcycle riders than people protected by the steel bodies of cars. Motorcyclists fare a little better when it comes to injuries. Riders are only five times more likely to be hurt in crashes than passenger car occupants.

Motorcyclists aren’t surrounded by air bags or restrained by seat belts. Many riders choose not to wear helmets . In Pennsylvania, bikers 21 and older with adequate riding experience are permitted to make that choice.

Bikes are smaller vehicles and, therefore, more difficult than other vehicles to see in traffic, but size does not diminish the rights for motorcycles and motorcyclists have to be on Pennsylvania roads. Many collisions occur because drivers don’t watch out for bikes and misjudge motorcycle speeds. These may be the reasons about 70 percent of all car accidents involving motorcycles occur at intersections.

When bike-car accidents take place, fault is a major factor in determining who pays for medical expenses, lost wages and other damages. Pennsylvania uses a comparative fault theory to decide whether compensation for negligence is warranted. Accidents victims and wrongful death plaintiffs may be awarded damages as long as their percentage of fault does not exceed the defendant’s percentage.

In other words, a rider injured in a bike crash may be able to recover compensation, even if the biker was partially responsible for the accident. This is important information for motorcycle accident victims who hesitate to file claims due to partial fault. An MHK Attorney can review your case and make claim recommendations.

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What if my workers’ compensation claim is denied?

Mon, 05 Aug 2019 21:03:00 GMT

If you suffered an injury on the job, it is likely that you have considered filing for workers’ compensation. You may have read about the process involved in notifying your employer of your injury, filing a claim and obtaining benefits for medical expenses and lost wages. While many people go through the process of seeking worker’s compensation, not everyone gets the decision they want to hear.

Learning that your claim was denied can be devastating. You and your family may have been depending on the compensation to stay afloat while you cannot work and have medical expenses to pay. Fortunately, you have the right to appeal the decision.

Once you learn that your claim was denied, you have 20 days to file an appeal. Your appeal will be filed with the Workers’ Compensation Appeal Board. If your claim is denied again, you have the option to appeal a second time to the Commonwealth Court and a third time to the Pennsylvania Supreme Court.

Although you are not required to have an attorney to appeal your claim, many people choose to do so. Having an experienced lawyer on your side can help ensure you understand your rights and present a strong case at each step of the appeals process. For those who are new to the system, the appeals process can be very confusing. Your lawyer will understand the system and help guide you through it.

If you have been worried about what could happen if your workers’ compensation claim is denied, we hope knowing that you have the option to appeal is helpful. To learn more about how we can help with your workers’ compensation matters, please visit our Workers’ Compensation page.

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Do drivers convicted of DUIs have to use Ignition Interlock?

Wed, 31 Jul 2019 21:03:00 GMT

The ignition interlock system was designed to check a person’s breath for alcohol before allowing a motor vehicle to start. Every time he or she wants to use the car—regardless of the time of day—the person has to blow into the device. Only when he or she is cleared will the vehicle start.

So, do you have to use this system if you get a DUI in Pennsylvania? As you’ll see, the answer can be both yes and no, depending on the circumstances.

If you have just been given your first DUI, you are most likely not going to be ordered to use the ignition interlock device. It is not mandatory at that time.

If you have been given a second DUI, though, you qualify as a repeat offender and you do have to use the device. Your suspension has to be served first, as you are not allowed to drive at all without a license. After the suspension ends, you then have to have the device on your car for the next year.

This is also true if you get any subsequent DUI charges. This applies for charges starting on the first of October in 2003, when the new law went into effect.

For most recent DUI offenses—those after 6/30/2007—it is worth noting that a second DUI only counts as a repeat offense if you’ve had another one within the last 10 years. After that, you can get another DUI and it will not make the ignition interlock mandatory.

If you have been injured by a drunk driver, you may have a right to compensation for your injuries.

Source: Pennsylvania Department of Transportation, “ IgnItIon Interlock “The Law” Frequently Asked Questions ,” accessed July 31, 2015

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Without independent agreement, injured worker wins workers’ comp

Sat, 27 Jul 2019 21:03:00 GMT

A recent story out of Fleetwood, Pennsylvania, shows employers and employees the importance of signing contracts in a timely manner. Reportedly, an independent subcontractor hired as a painter for Lee’s Metal Roof Coatings & Painting in 2011 is entitled to workers’ compensation for injuries received in a fall.

The worker was injured on May 6, 2011, when he fell from a roof, striking his head and injuring his right knee and left ankle. The accident reportedly occurred several days after the contracting company hired the worker. In October of the same year, the injured party filed a workers’ compensation claim despite that he was allegedly hired as an independent contractor.

The owner of the company claimed that no employment relationship existed between the two parties when the incident occurred as an independent agreement was never signed. However, the Commonwealth Court of Pennsylvania disagreed, ruling in the injured party’s favor. The story indicates that the injured party “might have” signed the agreement after his release from the hospital, but the court says it does not matter. Since the contract was not signed prior to the accident, it places the injured worker in the realm of employee rather than independent contractor.

In order to receive workers’ comp benefits, an injured worker must show that he or she was an employee, that the injury occurred during work and that it resulted in a loss of earning potential. It seems the injured party in this case did exactly that and will receive benefits for his injuries.

This story reveals the importance of exploring all of the options when injured during the course of employment. When it seems as if you have no chance of winning your right to workers’ compensation, discussing the matter with an experienced attorney might make all the difference.

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Passenger van dangers and legal remedies

Tue, 23 Jul 2019 21:03:00 GMT

Passenger vans can be an affordable and suitable alternative to buses for Lehigh Valley schools, clubs and other organizations. These vehicles aren’t the same as vans sold to large families. Interstate drivers paid for operating commercial vans, with a nine-passenger to 15-passenger capacity, are subject to rules set down by the Federal Motor Carrier Safety Administration.

The National Highway Traffic Safety Administration wants the public to understand risks associated with these vehicles to prevent van accidents. The government studied fatal 15-passenger van crashes over a 12-year period. Researchers learned about 60 percent of 1,111 fatalities between 1990 and 2002 were the result of single-vehicle collisions — over 80 percent of deaths in these accidents were due to rollovers.

Perhaps even more disturbing was the finding that over three-fourths of van occupants who died were improperly restrained or weren’t wearing safety belts. Restrained occupants in 15-passengers vans are three times less likely than unrestrained occupants to be ejected from a vehicle during an accident.

Speed and passenger loading can increase or decrease the chances of a rollover. Fifteen-passenger vans at half capacity are more than twice as likely to roll over as vans at full capacity or less than half capacity. Vans traveling at under 50 miles per hour were five times less like to roll over than faster passenger vans.

NHTSA officials caution passenger vehicle owners and operators to check tire size, pressure and wear before any trip. Mechanical repairs and replacements should follow manufacturer recommendations. Avoid overloading, which can destabilize a vehicle, and make sure all passengers are securely restrained.

People who ride in passenger vans may assume the good reputation of an organization is enough to guarantee safety on a trip. Victims of commercial vehicle accidents and their families have the right to file civil claims against vehicle owners, operators or other third parties whose negligence cause serious injuries or deaths.

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Tips for protecting your eyes at work

Wed, 17 Jul 2019 21:03:00 GMT

The eyes might be the windows to the world, but they are also necessary when working in most any type of construction and similar work. Protecting one’s eyes should be of utmost importance.

The Centers for Disease Control and Prevention states that 2,000 U.S. workers suffer an eye injury while working each day. Approximately one-third of these injured workers require care at an emergency room and over 100 will miss a day of work of more. Most of these injuries are caused by an abrasion of the eye caused by substances like wood chips, metal shavings, cement chips and dust. Some of the injuries result in permanent loss of sight because of the penetration of the eyeball. Blunt force trauma can also cause broken eye sockets or damage to the eyeball.

Infectious diseases can also be transmitted through exposure in the eye. The mucus membranes of the eye can allow the transmission of such disease through splashes of blood or other means. Chemical burns to the eyes can easily occur from splashes of cleaning products or industrial chemicals. Welders and those around them can suffer thermal burns to the eyes.

In order to avoid such injuries to the eyes, employers should ensure employees are equipped with the proper eye protection. Such personal protective eyewear includes:

— Goggles

— Safety glasses

— Face shields

— Full face respirators

This protection must fit the employee or be adjustable to a correct fit. It should allow an employee to have sufficient peripheral vision and be comfortable.

If your eyes are injured while you are working , you should be covered by workers’ compensation. If your claim for medical expenses and/or wage loss is denied, an attorney can help you appeal such a decision.

Source: Centers for Disease Control and Prevention, “ Eye Safety ,” accessed July 17, 2015

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Does workers’ compensation cover injuries to federal employees?

Sun, 14 Jul 2019 21:03:00 GMT

Like employees for private organizations, those who hold federal government positions are at risk for workplace injuries. However, the way these employees receive benefits or compensation for such injuries is much different. Where private company employees turn to workers’ compensation for recovery, federal employees must rely on the Division of Federal Employees’ Compensation.

The DFEC provides many benefits to injured federal employees including monetary compensation for lost wages, payment of medical expenses and disbursing death benefits to survivors. However, the program also provides valuable assistance with returning to work as quickly as possible. Here is a breakdown of some of the work return assistance an injured federal employee might expect:

A registered nurse can work with employees suffering long-term recovery to ensure the worker is receiving the proper care. The nurse also helps the federal employees recover enough to return to work.

Injured federal workers can gain referrals to medical specialists in order to acquire additional medical opinions, when necessary.

Injured workers can also be referred to vocational rehabilitation services if their injuries prevent them from returning to their previous job categories.

A major focus of DFEC services is speed and timeliness. The division stresses that employees suffering from workplace injuries will receive a prompt ruling on their compensation claims.

Despite the good work of the Division of Federal Employees’ Compensation, some injured federal workers may need additional assistance to become whole once more. In these situations, it may be possible to file a lawsuit against third parties that either caused or contributed to the workplace injury. An attorney can provide more information on such lawsuits.

Source: United States Department of Labor, “ Division of Federal Employees’ Compensation (DFEC) ,” accessed July 14, 2015

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What are Pennsylvania’s car seat safety rules?

Tue, 09 Jul 2019 21:03:00 GMT

Protecting children from harm is a top priority for Monroe County parents. Parental vigilance includes safeguarding children from dangers like car accidents caused by negligent drivers.

About 7,000 children below the age of 5 are involved in motor vehicle accidents statewide every year. More children in the U.S. are hurt and killed in traffic crashes than for any other reason. Pennsylvania’s Child Passenger Protection Act provides guidelines for child safety restraints.

Pennsylvania parents must secure children under age 4 using a federally-approved rear-facing child safety seat. The National Highway Traffic Safety Administration recommends using this seat for babies at least through the first year of life and for children weighing less than 20 pounds – the American Academy of Pediatrics sets the standard at 35 pounds. When possible, keep a toddler in a rear-facing seat as long as the child’s height and weight fall below the car seat manufacturer’s limits.

Forward-facing car seats may be used for young children older than 1. The NHTSA suggests using forward-facing car seats for children up to age 7 or as long as height and weight requirements are maintained.

Pennsylvania law requires children, at least age 4 but under age 8, to be restrained in booster seats. Federal officials recommend using this restraint for children up to age 12, when possible. Seat belt use is permitted statewide for children 8 and older.

Car seats can be purchased that convert from one safety stage to the next. Parents are expected to install and secure car seats, according to manufacturer’s directions using the proper belts, anchors, straps, tethers and harnesses. Drivers can be fined for violating Pennsylvania car seat rules, but other consequences are much more severe.

No parent wants a child to suffer needlessly. Civil claims may be filed against negligent motorists who cause child injuries or deaths . An attorney can help with a claim assessment.

Source: National Highway Traffic Safety Administration, “ Car Seat by Child’s Age and Size ,” accessed July 09, 2015

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Construction worker killed by tractor-trailer on I-95

Tue, 02 Jul 2019 21:03:00 GMT

Construction zones present many dangers to the people working in them. According to the Federal Highway Administration , in 2010, there were 576 fatalities because of work zone crashes. That amounts to one fatality every 15 hours.

On June 25, at about 1:30 a.m., a 62-year-old construction worker was killed on I-95 near Beltzville, Maryland. According to a captain with the Maryland State Police, a tractor-trailer crashed into the work zone site after it didn’t “follow a bend in the road.” The contractors that were working had all the right safety equipment where it was supposed to be.

After crashing into the work site, the semi-truck continued on and struck an attenuator truck. It had a flashing arrow on and the lights were on. The attenuator truck then crashed into another vehicle, which was also struck by the semi-truck. The semi then hit the construction worker, killing him.

The driver of the semi-truck was injured and was transported to Prince George’s County Hospital. The State Police captain said that the injuries suffered by the driver were not considered life-threatening.

The driver’s logs are being reviewed by investigators to determine where the driver was coming from, if he had been following the regulations regarding hours and more.

If you are injured because of a truck driver’s negligence, you have recourse available. You can sue the driver for your expenses, losses and damages. In addition, workers’ compensation should pay for your medical bills, lost wages, rehabilitation and more. An attorney experienced in workers’ compensation and personal injury can be very helpful during this difficult time.

Source: wtop.com, “ I-95 reopens after fatal Md. crash ,” June 25, 2015

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How an attorney can facilitate your workers’ compensation claim

Sun, 30 Jun 2019 21:03:00 GMT

Injured workers located in the Monroe County area turn to an attorney for help with a workers’ comp claim. Many reasons exist for choosing such an approach, each one unique to the injured person. Those dealing with workers’ compensation for the first time often do not know if they need an attorney when moving forward with a claim. This blog post can answer some questions injured Pennsylvania workers might have about workers’ comp while explaining how an attorney can help.

In an ideal situation, filing a claim is simple. Many employers keep incident reports and workers’ compensation claim forms on hand for employees and some employers even help claimants complete the required paperwork. However, not all situations are ideal, meaning employees might face hardships while attempting to make a claim .

Here are a few reasons an injured worker might seek help from an attorney:

— Fear of claim denial– Severity of injury– Fear of being fired– Concerns over potential employer retaliation — Demotion or reduced pay after injury– Feeling threatened in some way– Difficulty working with workers’ compensation insurance carrier

When injured as a Pennsylvania worker, you have a right to receive benefits through workers’ comp. Neither your employer nor an insurance carrier can legally deny you these benefits. This is where an attorney can offer the most assistance. Working inside of the legal system, an attorney can review your claim and take over all interactions with the insurance provider. The final goal? Nothing less than making sure you receive all of the medical benefits and income loss funds you are due.

We invite you to take a closer look at our workers’ compensation web page to decide if you need assistance from a Pennsylvania-based attorney.

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Skin dangers in the Monroe County workplace

Wed, 26 Jun 2019 21:03:00 GMT

Some Lehigh Valley workers may worry about damage caused by breathing in toxic substances while on the job. Hazardous chemicals and other poisonous materials have several ways to enter the body, including through an employee’s skin. Estimates state over 13 million U.S. workers are exposed to dangerous chemicals that cause occupational skin diseases or systemic harm.

You don’t have to be working in a laboratory to contract a skin disease or condition caused by toxic exposure. Cosmetologists, farmhands, food service employees and construction workers are among the victims of workplace exposure to hazardous chemicals .

Skin can be injured, irritated and infected due to direct exposure. Victims also can suffer systemic toxicity after substances like pesticides penetrate the skin and spread through the body.

Occupational skin diseases are common, particularly contact dermatitis or eczema, which is categorized as irritant or allergic contact dermatitis. In both cases, the skin becomes inflamed and responds with symptoms of swelling, redness, itching and pain. Blisters and flaky skin also may appear.

Contact dermatitis is responsible for up to 95 percent of all occupational skin diseases. Skin symptoms are triggered by direct exposure to a toxic substance in irritant dermatitis, the most prevalent form, or flare up due to an allergic reaction after repeated exposure to a harmful substance. Four out of every five work-related dermatitis cases are diagnosed as irritant contact dermatitis.

Determining whether dermatitis is due to direct irritation or an immunological response often requires a patch test. Damage also is assessed by factoring in how long a victim was exposed to a chemical or other toxin, the concentration of the substance, the skin’s health before exposure and the environment at the time of the accident.

MHK Attorneys can help injured and ill Pennsylvania workers file claims for workers’ compensation benefits. In some cases, legal action may be advisable to recover damages from negligent third parties.

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2013 Pennsylvania occupational injuries

Sat, 22 Jun 2019 21:03:00 GMT

According to the U.S. Bureau of Labor Statistics, 178 people lost their lives due to occupational injuries in 2013. Seventy-six of those fatalities were due to transportation incidents. Another 31 fatalities were due to contact with equipment and objects.

The number of fatalities due to transportation incidents is actually expected to rise for 2013 when other documentation is received. Even so, the two causes listed above account for 57 percent of Pennsylvania workplace accidents. Fall, slips or trips accounted for another 25 deaths.

Transportation incidents represent a real danger to workers in our state. Accidents in motor vehicles caused 45 deaths, which was one-fourth of all fatalities on-the-job. However, the percentage of transportation incidents in Pennsylvania was slightly lower than the national percentage.

The warehousing and transportation industry sector had 35 fatalities, which was four higher than the previous year. While it might be commonly thought that the construction industry was responsible for the highest fatality count, it was actually semi-truck and heavy truck drivers.

Finally, 92 percent of the fatalities were men, which was just shy of the national percentage of 93. Of the 14 women who were killed, five were due to violence and injuries from animals or persons.

Workers’ compensation pays death benefits to workers who are killed while working on the job. This includes those who are killed in traffic accidents while driving on the clock. If such a claim is denied, an attorney experienced in workers’ compensation appeals can help. Losing a loved one in an occupational accident is difficult; however, it should not be difficult to receive his or her death benefits.

Source: Bureau of Labor Statistics, “ Workplace Fatalities in Pennsylvania – 2013 ,” accessed June 18, 2015

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Pennsylvania drunk driving accident facts

Sat, 15 Jun 2019 21:03:00 GMT

Drunk driving accidents occur all over the United States and unfortunately Pennsylvania is no exception. While lawmakers continue to work on improving the laws for driving under the influence, it offers no consolation to those who have experienced DUI accidents first hand. To help raise awareness about alcohol-related accidents in the state of Pennsylvania, here are some fast facts about driving while intoxicated.

Five-year trends: From 2009 through 2013, alcohol-related car crashes in Pennsylvania have decreased; however, the figures (listed below) are still staggering.

— 2009 – 12,712– 2010 – 12,426– 2011 – 11,805– 2012 – 11,956– 2013 – 11,041

Victims of alcohol-related fatalities: To highlight how serious driving under the influence remains, take a look at these alcohol-related crash fatality statistics from 2013.

— 252 drinking drivers perished in car accidents– 45 passengers riding with drinking drivers died in alcohol-related car crashes– 17 non-drinking pedestrians perished due to drinking drivers

In the section below, you will find more fast facts about driving under the influence in Pennsylvania.

— 46 percent of alcohol-related crash fatalities occur over the weekend in 2013– In 2013, 32 percent of holiday car accident fatalities involved the use of alcohol– Most of the DUI car accidents in 2013 involved drinking drivers age 21 to 30 years of age– 44 percent of drivers who died due to car accidents in 2013 were drinking at the time of the crash

While there seems to be no easy solution to eliminate alcohol-related car accidents, victims can aid the cause by seeking recompense through the legal system. Perhaps if more drivers are taken to task for their actions behind the wheel, it will result in an even more dramatic decrease of DUI accidents.

If you have suffered bodily injuries or property damage due an intoxicated driver, exercise your rights to seek compensation by speaking with a Pennsylvania-based personal injury attorney as soon as possible.

Source: Pennsylvania DUI Association, “ Crash Facts ,” accessed June 15, 2015

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Study: Lack of sleep could be a major cause of workplace accidents

Wed, 12 Jun 2019 21:03:00 GMT

National Public Radio recently gave three examples of where sleep deprivation is thought to be the cause of a serious accident: the Chernobyl nuclear meltdown, the Exxon Valdez tanker spill, and Civil War general Stonewall Jackson’s ill-starred 1862 campaigns.

Not all accidents bring such devastating results, of course, but we all want to reduce workplace injuries. Besides carefully following OSHA guidelines, though, what can we do?

The answer may be as simple as ensuring we all get enough sleep.

How much could sleep deprivation affect our decision-making abilities?

The effects of sleep deprivation are surprisingly acute, if a recent study is any gauge. In the study, which was published in the journal “Sleep,” the sleep-deprived volunteers did shockingly badly on a decision-making test. How badly? They got the answer wrong every time — even given 40 attempts.

The study, performed at Washington State University, involved a well-rested group of volunteers and a group that agreed not to sleep for two days and nights. They were asked to perform simple tests. In one, the subjects were asked to click a mouse when particular numbers appeared on the screen, but not to click when others appeared. Later, the researchers switched which numbers should elicit clicks from the test subjects.

No one was surprised when the well-rested group performed better on the initial test, but the sleep-deprived group didn’t do that poorly. The problem arose when the rule was switched. At that point, no one in the sleep-deprived group was able to click correctly at all, even after 40 tries.

“It wasn’t just that sleep-deprived people were slower to recover,” said a psychologist who led the study. “Their ability to take in new information and adjust was completely devastated.”

He explains that people don’t perceive lack of sleep to be as serious as it is because it doesn’t affect every aspect of brain function. For example, the well-rested group only did slightly better on tests that measured short-term memory.

Lack of sleep will come and bite you when you need to make quick decisions based on new information, he said. The best way to avoid an accident is to avoid making high-stakes decisions if you’re short on sleep — or at least take extra time to consider all factors. Just as important, be aware that your ability to second-guess yourself is depleted, so stop and think things over.

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Google cars follow all traffic laws to a ‘T’. Is that a problem?

Sat, 08 Jun 2019 21:03:00 GMT

Let’s be frank: It’s not only other people who break traffic laws. When there are no cops around, we all decide which traffic laws really have to be followed. When it comes to other people … well. We have pet peeves about slow-crossing pedestrians, motorcyclists who split lanes on the expressway, drivers who try to stop bikers from splitting lanes — there are a million of them.

Yet even supposing every single driver was committed to following every traffic law all the time, we’d never be able to remember all the various state and local traffic laws. We’re not robots, right?

Plus, sometimes it’s irritating when other drivers do follow every law. When we encounter a seemingly over-cautious driver, we’ve been known to mutter things like, “pick up the pace, grandma.” We believe in some unwritten “rules of the road,” don’t we?

Traffic law, rules of the road and Google’s self-driving vehicles

“Google cars drive like your grandma,” an anonymous reviewer noted recently. The writer did not wish to identify himself, except to say he was a motorcyclist and car nut from Google’s home town of Mountain View, California. He also said he doesn’t work for any company making autonomous vehicles.

While Google’s self-driving vehicles aren’t widely available, models are apparently being road-tested in the area. The motorcyclist could only review them from the point of view of someone sharing the road, but he was pretty impressed with them generally. He gave them “5 stars” and a “Would Buy” rating.

At the same time, he pointed out that driving near a Google car might be a frustrating experience for some drivers. Google cars know all the traffic laws, but they don’t know the unwritten rules of the road:

At intersections where visibility is limited, Google vehicles slowly inch forward and take numerous pauses before making turns.
When pedestrians are crossing, Google cars wait until they’re completely across the street — and sometimes longer — before making a turn.
If another driver cuts a Google vehicle off, the autopilot immediately slows down and leaves a generous (excessive?) gap that other drivers may perceive as an opening.

So, if you’re in a Google car on autopilot, you’re going to be a very cautious, law-abiding, irritating “driver.” Is that safer, or will it cause confusion or road rage? It looks like time will tell.

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Toxic chemical exposure can be deadly, but safety can be managed

Tue, 04 Jun 2019 21:03:00 GMT

Most of us don’t know exactly what hazards might be lurking in the workplace, especially if we don’t work in an industrial setting. It’s true that manufacturing jobs can be dangerous, as they often involve exposure to chemicals, high-powered machinery, gases, oily floors and extreme noise and heat. If you’ve read the New York Times recently, however, you may know that hazardous chemicals like toluene and formaldehyde are present in dangerous levels in a wide variety of industries, including nail salons .

Whether you work in a salon, restaurant, hospital, construction site or factory, you could be exposed to toxic chemicals in your workplace. OSHA requires your employer to assess the risk and take all reasonable steps to keep you safe.

The Times revealed that wasn’t happening in many NYC nail salons, but another industry with a toluene-based process is doing a much better job. According to a recent profile in Occupational Health & Safety magazine , the flexible polyurethane foam industry has been successfully protecting their workers at every step in the manufacturing and waste-disposal processes. In fact, although exposure to toluene diisocyanate is known to cause asthma, workers in the flexible polyurethane foam industry have a lower rate of asthma than the general population.

Flexible polyurethane foam, or FPF, comes in a variety of forms and is even more ubiquitous in American society than glamorous fingernails. It’s the foam we use in furniture, mattresses, carpet pads, filters, packing foam, absorbent pads — even shoulder pads in sweaters. Think of any non-organic padded material and it’s almost certainly FPF. In the U.S. alone, we produce more than 1.6 billion pounds of FPF every year.

Once it’s in the marketplace, FPF is not thought to be dangerous because it has been cured. However, the curing process requires toluene diisocyanate which, as we’ve mentioned before, could put workers at risk of occupational asthma. If you get sick, you probably won’t be able to work around toluene diisocyanate anymore — or other chemicals.

The PFF industry’s success in limiting worker exposure was the result of a careful focus on safe handling, use and storage of the chemical, as well as ongoing training programs and medical monitoring of sensitive employees. Sharing knowledge and best practices across the industry was also crucial to the industry-wide effort.

The industry hopes to inspire others to protect their workers better from chemical exposure. Let’s hope they do.

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Family matters: Age and driving ability

Wed, 29 May 2019 21:03:00 GMT

Getting older does not make you a bad driver, but changes in the ability to drive safely can. Pennsylvania drivers want to hang onto their driving privileges as long as possible to retain the independence that a vehicle provides.

Family members frequently hesitate to broach the subject of driving with an older relative, knowing that it could cause the person to become defensive. The conversation often fizzles and only comes up again when the relative’s driving behavior becomes risky or there is a car accident.

Age is no defense in a personal injury or wrongful death case, when an older driver is responsible for harming others in a motor vehicle accident. Any driver who acts carelessly or recklessly may be considered negligent and liable for injuries and deaths.

The National Highway Traffic Safety Administration recommends finding out more about an older driver’s activities before making any judgments or taking any actions. Your own observations can be combined with information provided by others who interact with the older person regularly. You can record what you see while riding with or following the relative as he or she drives.

Be careful not to make assumptions about the person’s abilities due to age. Be certain that your assessment is based on driving fitness. Running stop signs or red lights, speeding or slow driving and aggressive driving can pose an immediate danger to your family member and other drivers. Red flags accompany off-road behaviors like coordination loss and dizziness.

Consult with your relative’s medical professionals — doctors, pharmacist or ophthalmologist — while being mindful that you may need the older person’s permission to do so. You may also speak with a police officer about possible license restrictions and an attorney about the legal responsibilities of drivers with physical or mental limitations.

Source: National Highway Traffic Safety Administration, “ How to Understand & Influence Older Drivers ,” accessed May 29, 2015

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Truck drivers’ hours of service are limited for good reason

Wed, 22 May 2019 21:03:00 GMT

Multiple studies in recent years have shown that drowsy driving is a major cause of auto accidents. In fact, the National Highway Traffic Safety Administration has estimated that at least 100,000 crashes each year result directly from driver fatigue.

While all drivers should avoid drowsy driving, the risk of a serious accident may be significantly higher when a truck or bus driver is sleepy while behind the wheel. That is why the Federal Motor Carrier Safety Administration, or FMCSA, regulates truck and bus drivers’ hours of service and requires those drivers to log their hours.

There are some slight differences in the hours-of-service limits for truck drivers and bus drivers. The FMCSA categorizes truck drivers as property-carrying drivers and bus drivers as passenger-carrying drivers.

Property-carrying drivers are allowed to operate their vehicles for no more than 11 hours after an off-duty period of 10 consecutive hours. The driving limit for passenger-carrying vehicles is 10 hours after eight consecutive hours off duty.

Truck and bus drivers’ jobs also require them to be on duty when they aren’t behind the wheel, whether for vehicle maintenance or some other reason. FMCSA regulations take this into account.

Truck drivers are not allowed to drive once they reach the 14th consecutive hour on the job after 10 consecutive hours off duty, and bus drivers are not allowed to drive once they reach the 15th consecutive hour on the job after eight consecutive hours off duty.

Unfortunately, these rules are often broken, and there have been many cases of truck and bus drivers falsifying their hours-of-service logs.

To learn more about these matters and what to do after a collision with a large commercial vehicle, please see MHK Attorneys’ “Five Things You Need To Know About Truck Accidents.”

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Can a workers’ comp claim be resolved through mediation?

Wed, 15 May 2019 21:03:00 GMT

If you’ve ever been hurt at work, you may have already begun the process of filing a workers’ compensation claim. If your accident or illness is obviously the result of a workplace incident, you may not have any problems obtaining the medical care and other benefits you expect. If your claim was denied, however, you may have little option but to argue your case before the Pennsylvania Department of Labor & Industry’s Office of Adjudication.

The prospect of going to court probably makes you nervous. Having an attorney with you can help with the discomfort and make your case go more smoothly, but a lot of people prefer alternative dispute resolution methods over the adversarial process you see in court. Is it possible to handle the matter in a less confrontational way?

Yes. The Office of Adjudication does allow alternative dispute resolution in workers’ comp disputes , including mediation. In the area of workers’ compensation, however, the mediator will actually be a WC judge.

In fact, mediation is the default option whenever an employer or an employee files a petition with the Office of Adjudication. However, informal discussions and conferences aimed at negotiated settlements are also available.

If mediation facilitated by a WC judge doesn’t result in a settlement right away, you can always try traditional methods. However, you’re free to return to mediation or have a settlement conference at any point in the process, if both parties agree.

If you choose the option of an informal settlement conference, it will also take place with a WC judge. One interesting note: If you don’t have a lawyer at an informal settlement conference, your employer can’t either.

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Feds say more monitoring needed by natural gas stations

Mon, 13 May 2019 21:03:00 GMT

The air-quality monitoring will take place in 10 western and northern counties in the state. This is in addition to 27 locations across the state that are currently being monitored. The plan is to have the new monitoring in place by 2017.

The areas that are not monitored right now will be providing the first data to the DEP. They will be monitoring for sulfates, nitrates, metals, organic chemicals, oil and more. The health effects of these particulates when people are exposed include asthma, decreased lung function, bronchitis and emphysema. Those who are young and the elderly have the highest risk.

The greater potential risk, though, is from the PM2.5 particles. The particles are small and that can mean they get deep into the lungs, according to the Environmental Protection Agency.

A recent report by the Agency for Toxic Substances and Disease Control found the higher levels of PM2.5. The announcement from the DEP about increased monitoring came just five days later. The DEP, though, said that the plan had been in place for several months before results of the ATSDR study were released.

Other health problems that can be caused by exposure to PM2.5 over time include more hospitalizations, low birth weights, pre-term births and an increase in mortality. While PM2.5 could be harmful for the elderly and young children, there is no risk for others for a short amount of time.

Workers in areas where the PM2.5 exposure is high could experience illness. Workers’ compensation does provide benefits for those who are made ill because of their work. An experienced lawyer can provide more information on your legal options.

Source: StateImpact, “ PA expands particulate monitoring as federal study finds high level in one location ,” Jon Hurdle, May 05, 2016

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Americans are tired of auto recalls — and we’re ignoring them

Sat, 11 May 2019 21:03:00 GMT

According to the National Highway Traffic Safety Administration, people only get their cars fixed after a safety recall about two-thirds of the time. Can you believe that? You’ve been notified of a potential safety issue with your car, and you’re told there will be no charge for fixing it. All you have to do is bring it to a dealership. Easy, right?

Apparently, it’s not that easy. In fact, it’s a huge problem . Recalls aren’t issued for every little thing; a recall is only issued for defects that pose a serious threat to health or safety. In other words, if your vehicle is on the recall list, it’s over something pretty big.

How big? Well, you may recall last year’s recall of around 27 million cars and trucks in the U.S. alone. It was among the largest recalls in history, and it involved ignition switches that could suddenly shut the vehicle off without any warning — even at highway speeds. GM acknowledges at least 90 people have died and 163 others have been injured.

Or, consider Takata Corp., which supplies air bag assemblies to many major automakers. The problem appears to be that the airbag’s inflator can cause the airbags to explode out at such tremendous force that they break the inflator itself, which is then hurled like shrapnel into the occupants of the car. There have been at least 5 deaths and over 100 injuries from these defective airbags.

2014 was an historic year for recalled vehicles. The number of cars and trucks in the U.S. that were recalled for major safety issues exceeded 60 million for the first time in history. Is it recall fatigue that’s keeping owners of these vehicles from taking action?

We may never know the answer. What GM has found out was that owners often only had their recall fixes done if they received multiple mailings, phone calls, and the promise of a free loaner vehicle while the repairs were being performed.

If you’re not certain whether your own vehicle is subject to an important safety recall, you can find out using the Consumer Product Safety Commission’s VIN search . If you’ve been injured in a car accident and wonder whether an auto defect may have been at play, you should discuss the situation with an attorney right away.

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Here’s how you can spot a drunk driver

Fri, 10 May 2019 21:03:00 GMT

As you make your way down the road, you understand the importance of paying attention to other drivers. While most people will do whatever it takes to remain safe, this isn’t the case with everyone. For example, there are times when people drink and drive, thus increasing the chance of causing an accident.

It is important that you know how to spot a drunk driver, as this can help you avoid an accident. While there is no sure fire way of spotting somebody who is drunk, here are some of the signs of intoxication:

— Quick acceleration

— Tailgating

— Stopping without reason

— Weaving across the road

— Inability to stay in a single lane of traffic

— Driving slower than the speed limit

— Straddling the center line

— Slow response to traffic signals

— Driving on the wrong side of the road

— Swerving

If you notice that a driver is doing one or more of these things, there is a chance that he or she could be drunk. In this case, it’s best to keep your distance from the driver and contact authorities.

Even if you understand the importance of being a safe driver, you cannot assume that everybody else is doing the same. There will always be people who make mistakes on the road, which includes drinking and driving.

By knowing how to spot a drunk driver , you can improve the chance of avoiding an accident. If you are involved in an accident despite your efforts, make sure you contact the police and receive immediate medical attention.

Source: Mothers Against Drunk Driving, “How to Spot a Drunk Driver,” accessed May 10, 2016

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Can I get both workers’ comp and Social Security disability?

Tue, 07 May 2019 21:03:00 GMT

If you’ve been hurt or made ill by something at work, you apply for workers’ compensation, right? Right. If you’ve suffered a disabling injury or medical condition that will keep you from working for a year or longer, you apply for Social Security Disability Insurance, right? Right.

What if both are true?

In Pennsylvania, people who have suffered disabling workplace injuries or illnesses qualify for disability benefits through the workers’ compensation system . If you’re completely unable to work according to American Medical Association standards, you can apply for total disability benefits — and you may also qualify for specific loss benefits if you suffer certain types of bodily harm. Temporary disability benefits are also available.

The disability benefits offered through the workers’ comp program typically include wage-loss payments as well as coverage for your medical care. You can expect to receive about two-thirds of your average weekly pay, up to a certain threshold. If you receive total disability benefits for two years, your employer can require you to get a medical evaluation to determine if you’re still totally disabled or could work with restrictions. If so, your status will change to partially disabled. Partial disability benefits last a maximum of 500 weeks (almost 10 years). However, you can also request a medical evaluation seeking a return to total disability status.

How might Social Security disability come into play?

Working people who meet the Social Security Administration’s criteria for permanent disability may qualify for Social Security Disability Insurance whether or not the disability is work-related. It’s perfectly legal and appropriate to apply for both workers’ comp and SSDI.

That said, the effects of the programs aren’t quite cumulative. According to the Social Security Administration some types of benefits, including workers’ comp wage-loss benefits, will be deducted from your SSDI benefits if the total amount you’re receiving totals 80 percent of your average earnings before you became disabled. At the same time, the Pennsylvania Department of Labor & Industry can also reduce your benefits: If you receive SSDI, unemployment insurance, severance pay or certain other income, your wage-loss payments can be reduced by 50 cents for every dollar you receive.

A disabling injury is tough, and you’ll need all the help you can get. If you have questions about which option is likely to get you the most help, an attorney can answer them for you.

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Are temporary and part time workers covered by workers’ comp?

Wed, 01 May 2019 21:03:00 GMT

If you’re a temporary or part time worker, you might be wondering: Are temporary and part time workers covered by workers’ comp?

Are temporary and part time workers covered by workers’ comp?

The answer is yes. The Pennsylvania Workers’ Compensation Act requires virtually every employer to provide workers’ comp insurance for every employee. That includes seasonal and part-time workers, as well as employees hired directly for a temporary assignment. Temp workers hired through staffing agencies are covered through the staffing agency, although the staffing agency and the client company are both responsible for the workers’ safety.

For most people, the most important issue in determining whether you’re covered by workers’ comp is whether you were legally considered to be in an employer-employee relationship when the incident occurred. If you were an employee and you were injured or developed an illness in Pennsylvania that was caused by your ordinary job duties, you’re covered unless there are unusual issues.

It doesn’t matter of the employer is a nonprofit, a corporation, an LLC, a sole proprietor or any other business structure. It doesn’t matter if you’re a family business and your only employees are family members — even kids. It doesn’t even matter if you only have one employee — you’re required to provide workers’ comp insurance.

Who isn’t covered by the Pennsylvania Workers’ Compensation Act?

The largest group of people working in Pennsylvania who aren’t covered by the PWCA are those who get compensation for workplace injuries through a different program. Most of them are federal workers and specific groups such as railroad employees; people who work at sea or on offshore facilities; longshoremen and harbor workers; and miners. Each of those groups is covered by a separate federal law.

Some people are excluded or exempt from workers’ comp for statutory reasons. Domestic workers, such as housekeepers and in-home child care workers, generally don’t get workers’ comp unless they’re employed by an agency. Many agricultural workers aren’t covered. Volunteers and some employees of religious institutions may be exempt, and some corporate officers can choose to be exempt.

What if I should be covered by my employer doesn’t have insurance?

Occasionally employers don’t purchase the required insurance but employees don’t find that out until they need it. To deal with such situations, the Uninsured Employer Guaranty Fund was created by the PWCA. You file your workers’ comp claim with the fund, although the rules are slightly different. It’s important to know, for instance, that you are generally required to notify the Uninsured Employer Guaranty Fund within 45 days of finding out your employer doesn’t have insurance.

Need help filing a workers’ compensation claim? Our Pennsylvania lawyers at MHK Attorneys can help! Reach out today .

Source: Pennsylvania Department of Labor & Industry, “ Workers’ Compensation & the Injured Worker ,” last reviewed September 2013

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Construction Safety Tips

Mon, 29 Apr 2019 21:03:00 GMT

Hazards on the Job Site

Few jobs have as many hazards as construction. Workers only want to do the job and return home safely. Safety measures should be in place on every construction job. When an accident occurs involving injuries, not only do the injured workers pay, but the job site may be shut down and completion of the project delayed.

Here are a few construction safety tips that can help workers avoid the common injuries on a construction site:

Sit down when possible when you are working at lower levels. Not every job requires construction workers to be up in the air. Lower level jobs can put a strain on your waist and knees. Sitting down on a stable stool can help avoid these injuries.
Use tools that are ergonomically correct. When you use tools that are poorly designed, it is possible to develop medical conditions such as trigger finger, white finger, tendonitis and carpel tunnel syndrome.
Lift objects using the strength of your legs. Backaches are common for construction workers and it’s often due to lifting incorrectly. Make sure to bend your knees and don’t twist to the side whenever you lifting.
Keep your arms and wrists neutral. You could feel a variety of symptoms by the end of your shift, such as tingling, swelling and pain. Carpal tunnel syndrome can also develop.
Keep your tool belt balanced. While nice to use because of the convenience, a tool belt that is unevenly balanced can mess with your body’s alignment.

These are just a few of the many construction safety tips. If you are injured in a construction accident, you have a right to seek workers’ compensation benefits. If you are denied, an experienced lawyer can help you file an appeal. Contact MHK Attorneys or visit our Facebook page for more info.

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Do all truckers know how to drive in high wind?

Fri, 26 Apr 2019 21:03:00 GMT

When the wind picks up, every driver on the road needs to pay close attention to how this alters driving conditions. Driving in high wind is easier said than done, especially for truckers. The higher the vehicle the more difficult it is to control when winds pick up. Adding to the challenge is the fact that high winds are often accompanied by rain and other adverse weather conditions.

All truckers are trained at how to drive safely in high wind. Unfortunately, some overlook what they should be doing, thus putting themselves and other drivers at risk.

Some of the things that truck drivers should do include:

— Slow down to a safer speed. The slower you drive in the wind the easier it is to control the vehicle.

— Increase following distance. Every driver, truckers included, should give themselves more time to stop.

— Keep both hands on the wheel. When the wind blows, you may feel that you are losing control of your vehicle. If you feel this in your car, imagine what it’s like for a trucker.

It is good to know that most truckers do whatever it takes to remain safe in windy conditions. Unfortunately, not every truck driver realizes the importance of changing his or her approach.

If you find yourself in close proximity to trucks when the weather takes a turn, do your best to keep a safe distance. This can help you avoid an accident and injury in the event that a truck driver makes a mistake . Your safety should always come first.

Source: D&D Truck Sales and Service, “ 7 Safety Tips for Driving a Truck in High Wind ,” accessed April 26, 2016

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Are repetitive stress injuries like carpal tunnel truly serious?

Wed, 24 Apr 2019 21:03:00 GMT

For whatever reason, a lot of people don’t take repetitive stress injuries seriously. Maybe it’s because they’re harder to conceptualize than sudden, traumatizing injuries. Maybe people assume the slow degeneration of your bones, muscles and tendons is just a fact of life.

Workers’ compensation insurers routinely fight repetitive stress claims , even when they’re fully backed up by medical evidence. That doesn’t mean repetitive stress injuries don’t qualify for workers’ comp — they do. Sometimes it seems like insurers just deny them on principle.

What are repetitive stress injuries and how do they happen?

Most people have heard the term “carpal tunnel syndrome,” which is one example of a repetitive stress injury. There are many others, however, and they can affect many parts of the body. Carpal tunnel syndrome affects the wrist, but people also commonly suffer repetitive strain to your knees, shoulder or back.

You might suffer a repetitive stress injury at work if your job requires you to perform the same physical motion over and over. Other factors can make the situation worse, including vibration and cold. As the Cleveland Clinic points out , a construction worker doing a repetitive task with a vibrating tool in freezing weather would be at pretty high risk for this type of injury.

Typical symptoms of repetitive stress injuries include pain, tingling, numbness, stiffness, swelling, weakness and temperature sensitivity. However, because the body’s bones, muscles, tendons and ligaments work in a highly coordinated way, the area affected by the symptoms might not actually be the injured area. For example, a number of conditions can cause pain, tingling and numbness in the hand, but not all of them are caused by hand trauma. Shoulder injuries, for example, may cause very similar symptoms.

Isn’t carpal tunnel syndrome caused by excessive computer keyboarding?

It was once widely assumed that excessive keyboarding caused carpal tunnel syndrome, but studies don’t bear that out. It turns out that carpal tunnel syndrome is relatively common across all types of jobs. Don’t assume your suffering isn’t job-related simply because you don’t sit at a desk.

If you’re suffering from pain, swelling, numbness or difficultly using your hands or any body part, see a doctor. Employers are legally required to help prevent repetitive stress injuries and, as long as you can demonstrate that your job duties caused or contributed to your injuries, workers’ comp is supposed to cover them.

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Close bars later to keep millennials from moving? At what cost?

Sun, 21 Apr 2019 21:03:00 GMT

Among the many reasons people are drawn to our state, Pennsylvania is home to some of the world’s finest colleges and universities. According to at least one state lawmaker, however, the area’s history, architecture, culture, and business opportunities aren’t enough to convince the graduates of those fine colleges to settle down here. To do that, he argues, we need better nightlife .

If highly-educated millennials are moving away, that’s not good news, of course. Young college graduates form a crucial part of the economy and one of the most likely to produce new businesses, innovations and jobs. Would improving the nightlife opportunities in selected areas — specifically, allowing bars to stay open later — persuade these future leaders to stay? If so, is it worth it?

Those questions came up recently when Philadelphia State Representative Jordan Harris proposed changing state law so that bars located in “designated entertainment zones away from residential neighborhoods” could serve alcohol until 4:00 a.m.

“While I understand nightlife isn’t the only concern for those making a decision on whether to stay in cities across Pennsylvania or move, I do know that it is a concern, one that we can fix,” said Jordan in a statement.

Bars would pay more in licensing fees — but what about the cost of DUI?

Under Jordan’s proposal, bars in appropriate areas could choose to stay open and continue serving liquor until 4:00 a.m. instead of the current closing time of 2:00 a.m. If they do so, their liquor licensing fee would go up 10 percent, and the state and municipality would split that extra money.

With more money for everyone and happier millennials, what could go wrong? Well, there could be an increase in drunk driving accidents , which already cost Pennsylvanians far too much.

Beyond the human cost, more DUI accidents could also mean additional liability for bar owners. Under Pennsylvania law, bar owners can be held responsible if they serve alcohol to a minor or a visibly intoxicated patron who subsequently injures other people. This is called “dram shop liability,” and bar owners have reason for concern. If drunk driving and associated accidents begin to rise, their costs could skyrocket.

For now, observers say that Jordan’s bill is unlikely to pass. That said, mayoral candidates in Center City have proposed a 4:00 a.m. closing time in a bid to increase tax revenues and fund city schools.

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Common questions related to construction injuries

Fri, 19 Apr 2019 21:03:00 GMT

If you work in the construction industry, you are well aware of the dangers that surround you on a daily basis. Even if you take the necessary steps in remaining safe, this is not always as easy as it sounds.

You know one thing to be true: It is possible that you could be injured in a construction site accident at some point. For this reason, you want to learn as much as possible about this scenario. This will ensure that you are prepared if something bad does happen.

Here are some of the most common questions associated with construction injuries:

— What steps can you take right now to improve the safety of your workplace?

— If you are injured on the job, is it best to hide this from your employer or inform them without delay?

— Who is liable if a person is injured at a construction site?

— Are all construction site injuries covered by workers’ compensation?

— Who is responsible for ensuring that a construction site is as safe as possible?

— What types of construction accidents are most common?

You never want to be involved in a construction site accident . Even more so, you never want to be injured. Unfortunately, this is all part of the industry. It only takes one mistake for somebody to be injured on the job.

As a construction worker, make sure you understand the risks associated with your job as well as the steps you can take to improve your level of safety. If you do find yourself injured in a construction accident, your health is more important than anything else.

Source: FindLaw, “ Construction Injuries FAQ ,” accessed April 19, 2016

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Telecommunications workers risk fatal tower falls, other hazards

Tue, 16 Apr 2019 21:03:00 GMT

Having a cellphone or smartphone is pretty much a necessity for many people — and a coveted item for many others. Unfortunately, all that convenience may be coming at a price you didn’t expect. Over the last two years, OSHA reports that 25 workers have died at communication tower sites and many more have been injured. Those injury and fatality rates jumped suddenly over previous years, so OSHA has a special project in place aimed at reducing the risk to those who build, repair and maintain cellphone towers and equipment.

What are the risks of working on or around cellphone towers?

The obvious risk is falling. Cellphone towers range from about 100 feet in height to as tall as 1,000 or 2,000 feet, and climbing them can be hazardous. Workers are required to climb them in all sorts of weather — if only because the weather caused a problem. Access to the working parts of the tower might involve climbing a ladder affixed to the outside of the tower — or just a series of step bolts. It might not involve actual climbing, but instead being lifted in a base-mounted drum hoist, but hoists are associated with their own hazards.

Without the appropriate fall-prevention architecture and personal protective equipment, a rusty step bolt, a slippery rung or a faulty hoist component could cause a fatal accident.

Electrical hazards and electrocution are also common because communications towers are full of electronic equipment that must be handled safely in an area where movement is limited and the wires and components may be exposed to the weather.

Structural collapse can be a problem with telecommunication towers, as age and exposure to the elements can weaken the structure.

Workers on the ground being hit by fallen objects is another common, yet potentially fatal, occurrence. If dropped tool or a broken tower component comes hurtling toward the ground from a height of around 10 stories or more, it could easily kill someone standing in just the wrong spot.

Of course, we hope telecommunications workers are never asked to work on or around cellphone towers without a full and effective fall protection program in place, but OSHA’s focus on the issue may indicate otherwise. If you or a loved one has been injured, consider contacting a workers’ compensation attorney about your options.

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Distracted Driving Awareness Month is upon us

Mon, 15 Apr 2019 21:03:00 GMT

Distracted Driving Awareness Month began April 1. It is the National Safety Council’s way of trying to get drivers to pay more attention to what’s going on around them when operating their vehicles. The government reports that 431,000 people were injured in distracted driving traffic accidents last year and 3,170 people were killed. Another horrifying statistic is that 10 percent of drivers ages 15 to 19 years old were distracted at the time that they were involved in fatal car accidents.

Many drivers erroneously believe that using a hands-free mobile device is safe — 80 percent of drivers, in fact. However, there are over 30 research studies that have found that a driver’s brain is distracted even when he or she is using a hands-free device.

One part of the message that the NSC wants to get out to the public is that your vehicle’s infotainment systems are not safe to use while driving. Over 53 percent of drivers believe that these systems that are installed by the car manufacturer are safe to use. The technology in a vehicle, according to the NSC, “should prevent crashes, not increase their likelihood.” Those who do use these features or mobile devices don’t see as much as 50 percent of their surroundings.

If you have been injured in a car accident caused by a distracted driver, you have a right to seek compensation for your injuries and losses. A Pennsylvania personal injury attorney can help you learn more about your legal options, which may include filing a lawsuit against the driver and other responsible parties.

Source: cars.com, “ Your Attention, Please: April Is Distracted Driving Awareness Month ,” Matt Schmitz, April 14, 2016

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Hazardous noise: a top workplace health issue for decades

Sat, 13 Apr 2019 21:03:00 GMT

When you think of the term “workplace injury,” what comes to mind is probably along the lines of a construction worker being struck by a mishandled object; a machine operator flipping the wrong switch; or a warehouse worker straining her back when a heavy box shifts. You might even picture someone suffering from a repetitive stress injury like carpal tunnel syndrome.

Preventable hearing loss is among the most common job-related injuries, and yet few people ever think they may be at risk. Did you know that an estimated 30 million people are exposed to hazardous levels of noise on the job? It’s true and, according to the U.S. Bureau of Labor Statistics , thousands of people suffer permanent, significant loss of hearing every year — for example, over 21,000 in 2009 alone. That’s why OSHA and the BLS have considered hearing loss from work-related noise levels as one of the top occupational health issues in the U.S. for more than 25 years.

Dangerous levels of noise on the job can damage hearing instantly — but also over time

OSHA considers it unsafe for workers to be exposed to noise of 85 dBA (weighted decibels) or higher over the course of 8 hours. In general industry, employers must implement an effective hearing conservation program whenever noise levels average 85 dBA or more, weighted for time, over an 8-hour period.

That said, very loud noises can cause permanent, physical damage to your ear quite quickly. Like other injuries caused by repetitive stress to the same body part, however, chronic exposure to lower levels of noise can cause the same or similar damage over time.

OSHA’s noise exposure rules take that into account by limiting the amount of time a worker can be around that noise. The louder the noise, the shorter the period of exposure the rules allow.

How would I know if the noise levels are dangerous at my job?

Do you have to shout to have an ordinary conversation? At the end of the day, do you hear humming or ringing in your ears? Those are signs your hearing is at risk.

Interested in knowing how many decibels of noise some familiar noises cause? To help you get a sense of decibel levels, listen to them on the NIOSH Sound Meter , a simple tool developed by the National Institute for Occupational Safety and Health.

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You should understand these things about truck accidents

Fri, 12 Apr 2019 21:03:00 GMT

As you know, sharing the road with trucks is something you have to do. It doesn’t matter where you are traveling, you know that commercial trucks are everywhere. While there is nothing wrong with this if everyone shares the road, you are aware that this is not something all drivers do.

Here are a few things you should understand about truck accidents:

— Most truck accidents are related to negligence. This can include but is not limited to a lack of sleep, distracted driving, speeding, and improper training.

— Truck accidents typically cause injuries. When a truck collides with a passenger vehicle, the size difference alone puts the people in the smaller vehicle at a disadvantage. This often leads to serious injuries and even death.

— Truck companies will do whatever it takes to avoid responsibility. Even if you know that the trucker was responsible for the accident, you can be rest assured that the trucking company will fight back against this. They don’t want to admit fault, as it could cost them a lot of money.

Have you or a loved one been injured in a truck accident ? If so, you know that there is nothing more important than receiving the best medical care. From there, you should think about contacting us to learn more about your legal rights. We are more than happy to answer your questions, provide guidance, and help you understand what the future will bring. It only takes one phone call or email to get started. From there, we will be on your side every step of the way.

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A lawyer can level the playing field after your truck accident

Sun, 07 Apr 2019 21:03:00 GMT

You’ve been hit by a truck. It came out of nowhere and did a lot of damage. Now, seriously injured, you’re dealing with the stress, anxiety, pain and fear of major medical treatment — just when you also can’t work. You’re worried about how you’ll possibly pay for everything. The trucker’s insurance adjuster wants to talk. What on earth should you do?

There are at least five things you need to know :

The playing field is not level. There’s a wide information gap between you and the other side. You probably don’t know how to access critical information like what caused the accident, which party or parties are responsible, and how much compensation you will need. The other side knows a lot more — including how to make an inadequate settlement offer look pretty good.

Think the accident wasn’t your fault? You’re probably right. It’s fair to say the majority of truck accidents are the result of negligence, either by the truck driver or the trucking company. Drivers may be under the influence of drugs or alcohol, distracted, lost, speeding, or violating other traffic laws. The company may be pressuring drivers to work many hours without enough sleep. Its trucks may be poorly maintained, or they may be improperly loaded. Truckers and companies can cut a variety of corners — and they often do.

The trucking company will act quickly to limit its liability. The moment the trucking company learns of the accident, its lawyers and insurance company will leap into action. They’ll send investigators to the accident scene, looking for ways to minimize the negative consequences — to them.

Insurance companies don’t get rich by being generous. The insurance adjuster may seem friendly, interested, and ready to make a quick settlement offer. Unfortunately, accepting a quick settlement offer is usually a mistake. The sooner an offer is made, the less likely it is to reflect the real costs of your accident because that information isn’t available yet.

When trucks hit cars, cars lose. Big time. A poorly maintained or negligently-operated truck is capable of enormous destruction. It’s common to suffer life-altering injuries like brain or spinal cord trauma that could require millions in medical treatment and a lifetime of care.

After a truck accident, you need an experienced personal injury lawyer to level the playing field and make sure any settlement is truly in your best interest.

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How can you prevent construction accidents this summer?

Sat, 06 Apr 2019 21:03:00 GMT

As the weather warms up, construction crews of all types begin to take on more projects. And of course, when this happens, the likelihood of an accident is much greater.

Nobody knows for sure why construction accidents increase during the summer months, but some of the potential culprits include longer daylight hours, more distractions, vacation planning, and different sleeping patterns.

While this is a major concern, there are steps companies can take to prevent accidents during the summer months. These include:

— Holding regular meetings to ensure that everybody is on the same page at all times.

— Making sure all workers are wearing the appropriate gear, even if the weather is warm.

— Hydration. When temperatures heat up, the chance of dehydration also increases. It is essential for all workers to stay hydrated, even if they are not feeling poorly.

— Protect against working too many hours. With long daylight hours and nice weather, some workers are tempted to stay on the job for too long. When this happens, a person gets tired, which can lead to an accident that causes serious injury or even death.

There is no sure fire way to prevent construction accidents this summer, but there are steps employers and workers can take to protect against this.

If for any reason a person is injured in a construction accident , he or she should not wait to receive medical attention. The individual should call for help from the site and then do whatever it takes to make a full recovery. Furthermore, it’s important to let your employer know what happened.

Source: For Construction Pros, “ Ten Tips to Prevent the Construction-Accident High Season ,” accessed April 06, 2016

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2 injuried in accident, citations issued to 2 drivers

Mon, 01 Apr 2019 21:03:00 GMT

When an accident occurs and both drivers are cited, who is determined to be at fault? For example, is the person who was driving without a license at fault for simply being on the road in the first place or is the person who allegedly committed a lane violation at fault?

That will be up to the insurance companies and the court, if a personal injury lawsuit is filed over an accident that occurred in Williams Township on Interstate 78 West. According to police, a man from Nazareth, Pennsylvania, switched lanes while driving a 2016 Ford Taurus. When he did so, a 2008 Nissan Pathfinder, which was driven by a woman from New Jersey, struck the Taurus and then the back of a 2007 International Harvester 9200i. That truck was driven by someone from Auburn, Pennsylvania.

The truck was able to pull over onto the right should. The Nissan also came to a stop on the right shoulder, although it had spun around and was facing the wrong direction. The Taurus stopped in the left lane.

There were six passengers in the Nissan, including two 9-year-olds and a 1-year-old. The driver of the Nissan was transported to the hospital with unknown injuries.

The driver of the Ford was also taken to the hospital, but his injuries were not known. The driver of the truck was not injured.

The 68-year-old driver of the Ford, according to police, was cited for a lane violation. The 28-year-old driver of the Nissan was cited for driving without a license. The Nissan and the Ford both were towed from the accident scene.

Source: Lehigh Valley Live, “ 3-vehicle wreck caused by Nazareth man on I-78 injures 2, police say ,” Tony Rhodin, March 31, 2016

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Stress can result in a workers’ compensation claim

Sat, 30 Mar 2019 21:03:00 GMT

Do you find yourself stressed at work? If so, you are in the same position as millions of other Americans. It may not be typical, but there are times when stress can result in a workers’ compensation claim. This doesn’t mean you can make a claim just because you are stressed. Instead, you need to answer a few questions before deciding what to do next:

— Has the stress led to a permanent impairment?

— Did you experience stress in excess of what is normally expected for your position?

— Are you able to prove that the cause of the stress was directly related to your job?

There are many types of workplace injuries that are considered common. For example, a broken bone related to a warehouse accident is something that companies and workers’ compensation providers may expect.

On the flipside, the same cannot be said of stress related claims. These are psychological in nature, making them difficult to prove. But even with the higher standard of proof, it is possible to file this type of claim.

If stress causes extreme anxiety, maybe even resulting in an emotional breakdown, the employee may have the right to file a workers’ compensation claim.

There is nothing simple about a workers’ compensation claim associated with stress. Even though this can be a challenge to prove, it is something that many before you have done so successfully. If your stress is above and beyond what most would consider normal, you may need to file a claim as you are unable to perform your job duties with your current condition.

Source: American Bar Association, “ Stressed at Work? You Might Have a Workers Compensation Claim ,” accessed March 29, 2016

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