Types of Physical Abuse In Nursing Homes Revealed

When an elderly member of the family is placed in a nursing home, they always assume that their elderly loved one will be in good hands. Sadly, this is not happening. There have been reports of physical abuse in these facilities. According to the website of Karlin, Fleisher & Falkenberg, LLC, nursing home abuse can leave the elderly with severe injuries and trauma.

According to a study conducted by Cornell University and the New York Department of Aging, elder abuse incidence rate is almost 24 times higher than the number of cases referred to social services, law enforcement, or legal authorities. Psychological abuse is the most common form of elder abuse. Physical abuse in the nursing home is often caused by the following:

  • Nursing home caregivers
  • Physical abuse in nursing homes often comes from caregivers who mistreat or neglect patients. They are often committed intentionally out of frustration. Physical abuse may be due to the lack of staff in the facility and insufficient training.
  • Visiting Family Members
  • In some instances, it is the visiting family members who actually cause physical abuse. This may be due to the patient’s history of abusing his family.
  • Other Residents

Studies have revealed that 20% of nursing home residents are abused by their fellow residents. This happens when staff members or family members are not around. Physical abuse caused by other residents is one of the biggest problems in nursing homes.

Physical abuse may take different forms which may include any of the following: 1) Excessive force; 2) overuse of restraints; 3) battery; 4) withholding of prescribed medication; 5) administration of prohibited medication. When not reported, physical abuse in nursing homes can result to bodily harm, injury, pain, or impairment to the elderly. In severe cases, the physical abuse may cause the death of the elderly.

Scaffold Injuries And The Law

Scaffolds help construction workers work effectively in their assigned areas. The Occupational Safety and Health Administration (OSHA) estimate that 65% of construction workers use scaffolds. Instead of a ladder, scaffolds give the employee a more stable foundation for doing his work. Scaffold injuries are one of the most severe injuries in construction sites. The website of www.kff-law.com reveals that it is the job of the employer to make sure that their workplace is safe.

Scaffolds in construction sites are regulated by the OSHA. The design and construction of such structures must comply with OSHA requirements. Each scaffold and its components must be able to support its own weight and at least four times the maximum desired load without fail. The suspension ropes, on the other hand, must be able to support at least six times the maximum desired load.

Inspection of the scaffold must be done by a competent person for any visible defects. Scaffolds must be erected, moved, dismantled, or altered under the supervision of the said person. Inspection of all components of personal fall protection should also be done by a competent person prior to use. Visible damage or worn equipment should be removed from the site immediately.

The Scaffold Law or the New York Labor Law Section 240 provides protection to construction workers from the potential risks associated with working on and around scaffolds. Violators shall be subjected to absolute liability for failing to provide adequate safety regulations and devices. Under the law, an injured worker need not be an actual employee of the contractor and they are legally liable for any injuries.

The Scaffolds Law involves complicated issues concerning party liability and compliance with safety regulations. For this reason, you need the help of an experienced attorney to enlighten you on the matter. They can help you receive just compensation for the injuries you will incur.

Determining SSI Eligibility

There are four major types of benefits offered by the Social Security Administration (SSA):

  • Retirement benefits;
  • Disability benefits;
  • Benefits for spouses and/or other survivors of a family member who has passed; and,
  • Supplemental Security Income (SSI)

The first three are actually benefits given to Social Security members – employees who have worked in jobs covered by Social Security and who have earned the number of credits required by the SSA (these credits are earned through payment of Social Security taxes which are identified as “FICA,” that is, Federal Insurance Contributions Act. Payment is automatically deducted in employees’ monthly take home pay).

Disability benefits are paid to members (who have sustained total, permanent disability) through the Social Security Disability Insurance (SSDI) program. SSDI is one of the two largest programs of the U.S. Federal government which are designed to provide financial benefits to people with disabilities and to certain other groups of people. The other program is called Supplemental Security Income (SSI); it was created by the SSA in 1974.

SSA was designed to provide cash benefits to aged, the blind, and disabled Americans who are with little or without income; this cash benefit is also meant to help provide for its recipients’ basic needs, which include food, clothing, and shelter (under the SSI program, some legal aliens are also considered eligible to receive the cash benefits).

The Supplemental Security Income is specifically designed for:

  • Disabled adults with limited income and resources;
  • Disabled children who are below 18 years old and who have limited income and resources; and,
  • People 65 years old or older who may be without disabilities, but who meet the financial limits set under the federal benefit rate (FBR).

The word “disabled,” as defined for SSI purposes, refers to physical or mental impairment, (including emotional or learning problem) that:

  • Has lasted or is expected to last for a continuous period of not less than 12 months;
  • Results in severe functional limitations (in the case of children) or in the inability to perform
    any substantial gainful activity (in the case of adults); and,
  • Can be expected to result in the disabled person’s death.

The words “income” and “resources,” on the other hand refer to:

  • Income: money earned from work; money received from Social Security benefits, Workers Compensation, the Department of Veterans Affairs, unemployment benefits, friends or relatives; and free food or shelter.
  • Resources: things personally owned, like: cash; bank accounts, U.S. savings bonds; land; vehicles; personal property; life insurance; stocks, and whatever can be converted to cash and used for food or shelter.

Cash benefits provided under the SSI program offers millions of low-earning Americans the much-needed relief from difficult situations. The Hankey Law Office knows and believes that this financial benefits help improve the quality of life of many individuals, especially the disabled, but who lack the means to undergo treatment. Thus eligible individuals should rightfully receive this benefit which, under the law, is legally theirs. A highly-competent SSI lawyer may be able to provide help in determining whether a person is eligible and, if so, in the preparation and filing of all necessary forms and documents.

5 Most Common Amusement Park Injuries

When people want to have fun and adventure, one of the places they go to is the amusement park. Some rides in these theme parks allow people to try out the extreme and uncover their fears. Thousands of people ride various attractions that theme parks has to offer. From roller coasters to water rides, it gives visitors a form of enjoyment. According to the website of Williams Kherkher, amusement parks can put at risk all the riders who can get injured or even die if a park does not have safety procedures.

According to the Consumer Product Safety Commission (CPSC), a combined 15,000 people were treated in emergency rooms due to amusement-park related injuries. Half of those injured were children ranging from 10 to 14 years old. Children were also involved in three quarters of accidents where a rider falls or is forcefully ejected from an amusement park ride.

In the history of amusement parks, there were some of the worst accidents recorded such as the the one in 2008 when a teenager riding the Batman : The Ride rollercoaster was killed when he jumped the ride’s surrounding fence in order to retrieve his hat at Six Flags in Georgia. In 2007, a 13-year old girl’s feet was severed when a cable of the Superman : Tower of Power ride at Six Flags Kentucky snapped.

Amsuement park rides are regulated by the government. They are categorized into fixed-site and mobile. The former are rides that have permanent fixtures and do not travel from one location to another. Examples of these are those rides found in Disneyland and Six Flags. Mobile rides, on the other hand, travel from one site to another.

Some common amusement park injuries include head, neck, and back injuries from bumper cars or from spinning rides and roller coasters. One of the worst theme park accidents is death from falling or thrown from a ride. Brain injury caused by G-forces and stress on the brain caused by high speed rides or from detached objects hitting the head of the rider. Accidents may also cause lacerations, broken bones, or torn ligaments.

According to the CPSC, there are several factors that can cause injury or death to amusemnt park riders

  • Mechanical Failure – This includes the detachment of safety restraints in the middle of the ride or an important stuctural component breaking down due to manufacturing defect or negligence in maintaining the ride.
  • Improper Operation – When the operator of the ride puts the ride to an abrupt stop or improperly removes the seatbelt.
  • Passenger Misuse – This includes intentional rocking of the car, standing up in the middle of the ride, or not following safety instructions
  • Inherent Nature of the Ride – Sometimes the injury or death is caused by the very nature of the ride itself. Some people complain of headache or dizziness and suffer from cerebral and retinal hemorrhage because of the rapid spinning movement of the rides.

Prevention of amusement park injuries is a responsibility of the owner as well as the riders. For the owner, they should ensure the safety of their rides by adding safety features. For the riders, they can look after their own welfare by following the safety guidelines of the ride.

Understanding Product Liability

Ensuring the products customers buy are safe is really one of the major tasks of the Federal Trade Commission’s institution of Consumer Protection. Besides this, the agency’s additional responsibilities comprise:

  • Taking and investigating customer complaints regarding products that are faulty
  • Putting a stop to the unfair, deceptive and fraudulent practices by enterprise firms
  • Informing companies and customers about obligations, their duties and rights
  • Inventing and enforcing fair marketplace rules
  • Making sure no delusory and makers us labels that are misleading
  • Filing suits against individuals or businesses identified selling defective products or violating customer rights

Unfortunately, however, thousands of court cases remain filed against producer every yr as a result of injury or the harm caused by their defective products. The Habush Habush & Rottier S.C.‘s internet site says that records in the National Center for Health data reveal over 31 million people being injured annually due to the reckless behavior of specific individuals or companies, such as motorists, medical practitioners, company owners, makers, among others.

This irresponsibility’s effect is prolonged to the production of numerous goods, like electronic equipment, security gadgets for children, toys, medical-device, Rx and additional pharmaceutical products, food, automobiles, tools, and others.

There are countless injuries that unsuspecting consumers suffer from because of the safety hazards caused by irresponsible, reckless and uncaring makers. Makers, of course, possess the legal obligation to make sure that their products are absolutely secure and that the labels of the products correctly determine the product’s parts, contain all critical instructions or cautions related to the utilization of the item, and not make baseless statements on precisely what the product can do.

While there is no warranty that those hurt or hurt by defective goods might receive a settlement from the manufacturer of the great that is flawed, being displayed by way of a personal injury lawyer may give better opportunities of having their privileges completely understood by the tribunal to sufferers and so determine with the person. Compensation is meant to protect lost wages expensive treatment and all other present and potential damages caused by the injury.

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