Boston's Integro Insurance Brokers Ltd suggests that a significant part of employer spending in workers' compensation cases is pharmaceuticals. But employers are not the only ones that may benefit from these studies as one of the topics of discussion is the safety of injured employees who may be prescribed narcotic medications which can have dangerous side effects. Narcotic drug prescriptions are common place in workers' compensation cases as they are used for pain management, and often mixed with other analgesics and anti-inflammatory drugs.
]]> Studies such as these may help ensure that both the employer and the employee engaged in a workers' compensation case are protected. Injuries on the job can happen no matter what industry one chooses to work in. No one wants to suffer an injury or illness on the job, but when that situation becomes a reality, it may not have to be needlessly stressful and painful.Often times the injuries sustained in work related accidents can prevent employees from returning to work for an extended period of time. When this happens, filing a workers' compensation claim can help the injured party stay on their feet financially while they recover. Massachusetts employees need not feel that they will come under scrutiny for filing a workers' compensation claim, as the system in place for such injuries or illnesses operates under a no-fault process. Studies such as the one described here can help ensure that there is proper funding in place to cover the expenses of employers, and ensure that employees get the proper care that they deserve.
Source: Workers Compensation, "Prescription Drug Studies Focus on Key Workers' Comp Cost Drivers - Workforce Management," May 2, 2012
]]>Investigators stated that the driver who hit the man did stop and remained at the scene after the accident. The family was very close knit and may have the option to bring a wrongful death claim, though the investigation is still pending and the family has made no statement.
]]> The pedestrian accident occurred on a stretch of road like many in Massachusetts, where old tree-lined streets and winding country roads are the norm. Residents have long feared that pedestrians would be injured or killed by a speeding vehicle and limited visibility. Residents of the Boston area where the man was struck have stated that this accident was the realization of their worst fears. Residents say that Edmands Road has become increasingly dangerous because many are driving too fast on such a narrow.Tragedy such as this can strike unexpectedly and understandably alter the life for any family. It is unknown whether residents have brought their fears of the dangerous road to the attention of authorities, or whether or not speed reduction efforts, such as speed bumps, will be considered in the future to avoid similar accidents.
The accident is currently under investigation and it is unclear at this time whether or not the family will seek a wrongful death claim. Nevertheless, wrongful death in Massachusetts is characterized as a fatality occurring due to the negligent or careless act of another, which may be the case if the driver is cited for speeding.
Source: Boston Herald, "Framingham man killed while bringing in trash cans," John Zaremba, April 29, 2012
]]>The exact cause of this auto accident is unknown, but running a red traffic signal may imply that the driver of the minivan was distracted or in a hurry, both of which can be lethal ingredients to a driver's safety.
]]> No driver can ensure that every other driver around them is safe, insured and free of distractions. Sadly, auto accidents occur at an alarming rate, and as technology has increased, so have the distractions and causes of accidents. There are ways that drivers may be able to prevent auto accidents, and protect themselves in the event of an accident occurs, including having reliable insurance, ensuring that cars are maintained, avoiding cell phone use while driving and simply being aware of one's surroundings.No one wants to be unprepared when disaster strikes. Regarding auto accidents in the Boston area and throughout Massachusetts, when someone is seriously injured resulting from the negligence of another party, Massachusetts law provides for the right of the injured party to seek reimbursement for expenses and damages incurred. A successful claim typically includes repayment for medical bills and other expenses, as well as damages for lost income from work and any pain and suffering endured as a result of the injuries suffered.
Source: Stoneham Patch, "Witness Claims Minivan Driver Runs Red Light, Hits Car Traveling on Elm Street," Mark Ouellette and Jonathan Pickering, April 30, 2012
]]>While this might reduce the time spent on such cases, because the patients would waive their right to sue if they take a settlement, it might also reduce the amount of compensation they receive from the hospital, doctor and insurance companies.
]]> Many people who are injured because of medical malpractice in Massachusetts hope that whatever error the doctor made won't further harm their health. Sadly, sometimes people suffer extreme complications because of a doctor's error. This means people could be forced to deal with complications for the rest of their life.If people take a settlement offered under this program, they would waive their right to seek additional compensation through a lawsuit. This could mean if the patient doesn't closely evaluate their settlement, they might not be able to fully cover their future medical expenses that resulted from the error. Speaking with an attorney before signing anything regarding a settlement might be a wise decision. They can make sure nothing is overlooked and the patient doesn't end up with too little compensation.
Source: Boston Globe, "Hospitals promise openness, apologies," Liz Kowalczyk, April 18, 2012
]]>This study proves what many in the industry have believed, speeding causes deadly accidents. After the study was released by the Federal Motor Carrier Safety Administration, many people debated the need for such devices and whether they should be mandated. Whether or not they will be required remains to be seen.
]]> If the devices become required, it may take years to implement and learn to enforce the mandate. A requirement also doesn't mean people will follow it. Some people may figure out how to cheat the device, making them useless. Ultimately, it is up to truck drivers to drive responsibly and prevent truck accidents. Others on the road should also be cautious around these large vehicles.These devices would only reduce one contributing factor to truck accidents. It still is up to these professional drivers to make sure they are driving safely. Even with a device that limits their speed, truck drivers could be liable for a person's injuries if their negligent driving causes and accident.
Source: Telegram.com, "Report: Make those big trucks slow down," Paula J. Owen, April 2, 2012
]]>Earlier that day, a Volkswagen Beetle, for reasons still unknown, crashed into a parked box truck on the side of the Interstate that was broken down with its flashers on. The driver and the passenger of the Beetle were trapped inside the car. The driver was pronounced dead at the scene and the passenger was taken to a Boston hospital.
]]> With emergency lights flashing, a state police vehicle was parked at the scene as was a tow truck and other emergency vehicles. A Toyota Camry veered into the lanes in which the tow truck, state police vehicle and other emergency vehicles were parked. The tow truck reportedly was struck by the Camry first followed by the police cruiser. The 29-year-old driver of the Camry from Lawrence was taken into the police station for booking by Medford state police while his passenger was taken to a Burlington clinic.Both of these car accidents remain under thorough investigation, as there is no clear evidence of why either car accident occurred. The only thing that is known is that the 29-year-old driving the Toyota Camry could have previously been drinking alcohol before sliding into his car and getting behind the wheel. If he was indeed drunk, he will likely face DUI charges and it would be helpful if he knew his options in case the trial goes to court with more serious charges dependent upon the details obtained through the police investigation.
Source: Eagle Tribune, "Lawrence man charged with drunken driving in I-93 crash," Jill Harmacinski, April 2, 2012
]]>Two decades of research conducted abroad and in the United States has yielded no conclusive data regarding the impact cellphones have on road safety. Nor has it resulted in a consensus that hands free technology makes a difference.
Part of the problem is that in order to discover a definitive link, researchers must have access to phone records, allowing them to compare cellphone use with crash data. In America, those can be hard to obtain. Consequently, scientists have relied on less direct means of analysis.
]]> The issue is further clouded by statistics that just don't seem to correlate. As a GHSA spokesman points out, a reasonable expectation would be to see the number of reported accidents increase along with cellphone use. To date, that has not happened.What is known however, is that cellphone use can contribute to distracted driving - an established cause of some motor vehicle crashes. But then again, so do regular conversations. And that leads to questions regarding the effectiveness of behind the wheel cellphone bans.
A recently released study found no correlation between high call volumes and accident rates, even when calls jumped from cell tower to cell tower, a good indication that phone users were moving. As one researcher with the project concluded, the data runs counter to prevalent viewpoints that driving while using a cellphone is dangerous.
Source: The Chicago Tribune, "Cellphones and driving: As dangerous as we think?" Matthew Walberg, March 26, 2012
]]>The Olympic Delivery Authority, the entity responsible for building venues that will host the 2012 Games, observed that many of its staffers were prone to unhealthy eating habits. Representatives with the organization said that workers would gobble down fast food late at night and routinely skip breakfast the following morning.
While that might be normal behavior to some, it seemed to be problematic for many construction crews. The workers struggled to concentrate after encountering regular bouts of late-morning hunger, attributed to some on-site accidents.
]]> The solution? Offer a discount on healthy breakfasts such as bowls of porridge to keep blood sugar levels up and crews focused. Following the introduction of hearty meals, the number of late-morning accidents dropped, said a health and safety chief with the organization.While no conclusive data appears to have been provided, the report seems to coincide with years of studies by health organizations across the nation. We've all heard people tout the benefits of breakfast, including the role it plays in weight loss and concentration. Now, we can add a reduction in workplace accidents to that list.
That may give some employers incentive to offer their staffers affordable meals -- a move that could ostensibly save thousands of dollars in workers' compensation claims. Yet, one might argue the breakfast theory places undue blame on the injured worker following an accident. However, it should be remembered that questions of fault are usually not at issue when dealing with workers comp.
Source: The Seattle Times, "Olympic builders fed porridge to stop accidents," March 13, 2012
]]>As one officer explained, phones can be hard to see because many drivers keep them near their lap. Further, proving that a vehicle was in motion while a text was sent can sometimes be impossible. But that soon may change based upon technology developed by a Pacific Northwest National Laboratory physicist.
According to the physicist's research, text messages sent by drivers follow a distinctly chaotic pattern that differs from those sent by non-distracted persons. That pattern can be tracked using a mathematical equation, purported to be more than 99 percent accurate. Ostensibly, this equation could be used by software developers to create a smartphone application that would prevent or curb texting while driving.
]]> Previously, engineers were limited to the use of GPS devices that would gauge how fast a phone was moving. However, such a method had limited applicability given that motor vehicle passengers or train riders could easily be mistaken for those behind the wheel.Should a new smartphone application be developed, the implications could be far reaching. Employers might use it to reduce liability in company car crashes or insurance companies to limit payouts. It might even be implemented as a requirement for distracted drivers who have been involved in accidents.
And of course, there are also safety ramifications. Researchers hope a phone app could one day prevent deadly crashes. The federal government estimates that around 5,500 people were killed due to accidents caused by driver distraction in 2009.
Source: The Columbian, "Physicist finds way to detect texting behind the wheel," Sue Vorenberg, March 21, 2012
]]>According to media reports, around 650 of some 16,000 doctors in the state have settled medical malpractice claims in the last decade. Of those, less than one percent were ever disciplined by the board. A representative with the New England Patients Rights Group notes that such inaction by the state allows some physicians to continue harming patients.
In one instance, a radiologist was allowed to sustain his practice, even after settling three malpractice claims. The most recent alleged he failed to notice a fractured spine, resulting in the permanent paralysis of his patient. In another instance, a local obstetrician settled four cases, one involving the death of an infant.
]]> But because 96 percent of medical malpractice matters are settled outside of court, the Board of Registration in Medicine notes that it is difficult to initiate disciplinary proceedings. A mere lawsuit cannot serve as proof of substandard care. Only if the doctor is found guilty can the board determine wrongdoing. Thus, the group instead relies upon information reported by patients, hospitals and law enforcement officials.Since 2006, the board of medicine has disciplined around 51 doctors per year. There are approximately 33,000 doctors licensed in Massachusetts and profiled by the board.
Source: CBS Boston, "Medical Malpractice Overlooked In Massachusetts?" Kathy Curran, February 23, 2012
]]>The pedestrian was hit as he crossed a turning lane near Eastern Avenue. According to an initial police report, the driver of the car did not appear to be speeding and was turning on a green light. However, an examination of the accident scene by Gloucester Times staff revealed that the lane in which the victim was struck had no traffic sign.
Media sources indicate that pedestrians can press a button to trigger a walk signal. However, the button can only be reached after crossing a turning lane to a traffic island. It was one such turning lane where the accident took place.
]]> A former Gloucester fire chief, present at the scene of the accident, encouraged pedestrians to approach the intersection with caution. Reports show that its safety has been a hot topic with neighborhood and city representatives for years. Conversations with drivers have suggested that the intersection's design is such that motorists' focus is on avoiding other vehicles and not on pedestrians.However, local law enforcement said they do not believe the design of the intersection was to blame for the collision. There has not yet been a decision by State Police on whether to charge the driver involved, a local 31 year-old woman.
Source: Gloucester Times, "Pedestrian hit by car still in hospital," Stephanie Bergman, March 8, 2012
]]>The father's mission to pass a stronger distracted driving law is personal. He lost his 18-year-old son in a car crash caused by distracted driving in 2007. The father and others in Massachusetts believe the state should pass a hands-free only restriction where drivers would be banned from making handheld cellphone calls while behind the wheel. Those in favor of the proposal say it is the most effective way to eliminate dangerous distracted driving behavior.
Since the texting ban has been in force, around 3,500 people have been ticketed for sending or receiving text messages while driving or using their handheld device improperly. Half of the number of people cited for texting were involved in an accident that injured someone. Advocates for the hands-free only restriction, say the texting ban tackles a small percentage of those who drive without two hands on the wheel. Proponents point to nearby New York which has passed a hands-free only restriction and has nabbed more than 118,000 drivers. Advocates say the broader enforcement helps to reduce the chance of car accidents.
]]> The ban on handheld cellphone use is not the most extreme suggestion to limit distracted driving. The National Transportation Safety Board has recommended a total cellphone ban among drivers, but many believe a total ban would go too far including the father behind the hands-free restriction. If the hands-free only restriction passes in Massachusetts, eleven states would have such a law.Source: thebostonchannel.com, "Hands-free law proposed to stop texting drivers," Feb. 18, 2012
]]>The newest report from the Governors Highway Safety Association on car accident deaths among teenage drivers ages 16 to 17 shows that teenage deaths related to car accidents increased in the first half of 2011. The jump in teen deaths caused by car accidents is the first in eight years.
The deaths of 16- and 17-year-old drivers increased to 211 during the first six months of 2011, in comparison to 190 deaths one year earlier. That difference translates into an 11 percent increase. Crash statistics for the second six months of 2011 will be released later this year.
The increase in teen fatalities is set against a backdrop of improved teen fatal car accident numbers over the last 15 years. In 1995 there were over 1,000 teenage deaths caused by car accidents among 16-to 17-year-olds and in 2010 there were 408 fatalities.
]]> According to the report 23 states saw increases in the first part of 2011 and historically more fatal teen car accidents occur during the second half of the year. The number of teen deaths related to car crashes in Massachusetts remained flat during 2011 according to wggb.com.Experts believe the increase in the number of teen fatalities may be linked to an improving economy where more teens may have decided to begin driving and therefore increase their exposure to risk. The benefits of graduated teen driving laws may have also leveled off.
Source: The New York Times, "Fatalities among teenage drivers rose in the first half of 2011, study says," Tanya Mohn, Feb. 16, 2012
]]>In 2009, a 27-year-old worker suffered a hernia when a refrigerator fell on the man while working at an appliance showroom. For more than one year the 27-year-old received temporary total-disability benefits and his medical expenses were paid. The worker then sought an extension of workers' compensation benefits after he went through three surgeries related to the hernia. The worker claimed he needed further disability benefits and medical treatment because of "excruciating pain."
The compensation commission of the worker's home state denied the request and so did an administrative law judge. Photos of the worker "drinking and partying" were used by the compensation commission to reach its decision. The photos were obtained from social media websites Facebook and Myspace.
The worker appealed the decision of compensation commission and argued that the photos should not be allowed as evidence. The appeals court agreed with the compensation commission and denied the request for further benefits and workers' compensation. The appeals court ruled the photos were properly used as evidence. In its ruling the court said, "[The worker] contended he was in excruciating pain, but these pictures show him drinking and partying."
]]> The worker's attorney argued unsuccessfully that the case was about whether the 27-year-old needed further medical help.Source: abcnews.go.com, "Court okays Facebook party photos in workers comp claim," Lyneka Little, Feb. 3, 2012
]]>Under the proposed American Energy and Infrastructure Jobs Act, the federal government would provide $260 billion over the next five years to fund federal highway programs. One small portion of the bill addresses the size of commercial tractor-trailers. The controversial provision would increase the federal weight limit on 18-wheelers from 80,000 pounds to 97,000 pounds. In certain instances, it would even allow 126,000 pound semis on the road.
The controversial portion of the bill would also extend the length limit for commercial semis. Trucks would be allowed to be 10 feet longer in length which means the total length of semis could be up to 100 feet. Many drivers on the road already feel intimidated by the size of commercial semis, and opponents of the controversial provision say larger trucks on the road would translate into more fatalities because larger trucks would require greater distances to stop and crashes would be exacerbated because of increased weight.
]]> Those in favor of the provision say trucks equipped with a sixth axle could safely handle the increased weight and length because a sixth axle, as opposed to the traditional five, would control all of the braking and handling.Still, those who are against say bigger trucks are not the way forward when the country is under invested in transportation infrastructure.
Source: cnn.com, "New transportation bill creates safety concern over bigger rigs," Greg Clary, Feb. 1, 2012
]]>