Most employers in Minnesota are required to have Minnesota Workers’ Compensation insurance, or for some companies, be self-insured. There are certain limited situations where an employer may not need to have coverage, however, in most situations they are required to have workers’ compensation insurance on their employees. Even though a Minnesota employer may not have.
Does an Employer have to Purchase or have Workers’ Compensation Insurance?
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Beyond Confusion?
Robert G. Bone, Taking the Confusion Out of “Likelihood of Confusion”: Toward a More Sensible Approach to Trademark Infringement, 106 Nw. U. L. Rev. 1307 (2012).Stacey DoganTrademark law is in the midst of an identity crisis. The prevailing economic account of the law has come under sustained attack by scholars, who have both challenged its descriptive accuracy and blamed it for many of the expansions of trademark rights in recent decades. The likelihood of confusion test – long the nucleus [...]
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State Closed. Take Your Business Elsewhere.
2012 was the year California hung signs at all its border crossings:
"State Closed. Take Your Business Elsewhere."
Proposition 30, which the Brown Administration fought hard to pass, imposes retroactive income taxes and increased sales taxes to generate more money for law and emergency services, and for education without specifying how that money actually is supposed to be used, making California the most taxing state in the nation.
SB 863, which I believe was a Brown Administration capitulation to Big Business and Big Labor in exchange for their support of Prop 30, adds to the tax burden by shifting governmental responsibilities to the private sector with a small, almost hidden, provision that most commentators have failed to recognize: an amendment to Labor Code Section 3702.5(a)(1) to provide that “the cost of administration of the public self-insured program by the Director of Industrial Relations shall be borne by the Workers’ Compensation Administration Revolving Fund,” rather than by the state’s general fund.
The Department of Industrial Relations sent letters to insurers and self-insured employers on Friday advising that their workers' compensation related assessments will increase 44% next year, while self-insured employers will see a 35% hike in their assessments.
I'm old. My memory isn't that good any more. But I believe this is the single largest percentage increase in employer assessments ever.
These assessments are tacked onto policy premiums and self insured deposits to fund the operations of the Division of Workers’ Compensation and the Division of Occupational Safety and Health, and partially fund the Division of Labor Standards Enforcement (I assume it won't be long until that division is also the sole responsibility of premium assessment too).
They are, essentially, taxes but aren't called taxes because they aren't collected by the Board of Equalization (I've always thought that was the most ironic of government agency names...).
The department said it needs $565.5 million to fund these agencies, anti-fraud efforts and the uninsured employer fund in 2013, 15% more than the $492.2 million it said it needed in 2012.
This is the same department that entered the political foray by publicly supporting SB 863, and which is projecting large phantom savings from these new laws which add many layers of complexity to an already complex system using math that is so controversial that no actuarial professional can agree on whether there will be any savings at all, let alone how much.
The largest increase in aggregate assessments is in the Workers’ Compensation Administration Revolving Fund (WCARF), which funds the day-to-day operations of the Division of Workers’ Compensation. The department said it needs $303 million for the fund in 2013, 21% more than the $251.2 million needed last year.
Part of the surge in funding the WCARF is that there is less money in the kitty left over from last year than in previous budget years. In 2012, the account balance was $162.5 million. Together with debits for undercollections from the previous year, the net charged to employers was $118.4 million. For 2013, the fund balance is only $137.8 million, and the department also has to issue credits of $25.7 million for overcollections in 2012, resulting in a net assessment to employers of $190.9 million. The department's methodology is here.
The methodology published by the department, however, doesn't indicate how much of the current assessment is attributable to the shift in financial responsibility created by Labor Code 3702.5.
Another other area where legislators stuck it to California business in the 2013 assessment comes from a diversion of money done in 2011, when lawmakers passed Assembly Bill 436 by Jose Solorio, D-Santa Ana (who was also a co-author of SB 863).
AB 436 authorized a $4.3 million loan from the Uninsured Employers Benefit Trust Fund to the State Public Workers Enforcement Fund to create a new unit to monitor prevailing wage issues on public works projects.
The aggregate assessment for the uninsured employer fund increased 35% to $57.3 million in 2013 from $42.4 million in 2012. However, because the fund balance dropped to $11.9 million from $31.3 million, the net assessment on employers will be $47.3 million in 2013, more than three times the $15.3 million they paid this year.
Thank you Mr. Solorio. It's a shame that you're not in my voting district so that I could ensure my ballot was not cast in your direction.
Everything that comes under the management of the department went up:The aggregate assessment for the Subsequent Injuries Benefit Trust Fund is increasing to $34.8 million from $28.3 million. The net charged to employers will increase to $24.2 million from $16.8 million.
The aggregate assessment for the Workers’ Compensation Fraud Account is unchanged at $53.4 million. Because of a smaller fund balance and credits for overcollections, the net charge to businesses is $52.3 million, compared to $40.2 million for 2012.
The aggregate assessment for the Occupational Safety and Health Fund was reduced to $59.4 million from $60.3 million. The final charge to employers, however, will increase to $38.7 million from $32.9 million.
The Labor Enforcement and Compliance Fund aggregate assessment increased to $57.5 million from $56.6 million. The charge to employers is increasing to $38 million from $35.8 million.
The WCARF was created in 2004 via SB 228 (Alarcon). That was a slick political maneuver by then Gov. Gray Davis to shift complete responsibility for the expenses of a public agency onto the state's businesses.
Prior to 2004 the DWC was funded 70% through the General Fund and 30% through employer policy assessments. SB 228 changed that to 100% funding through policy assessments.
The reason for the change, it was argued back in 2003, was because employers of the state deserved to have consistency, reliability and dependability on a state agency so critical to employment operations - and realistically the extra 70% on employer policies did not impose that much of a burden on any single employer.
The employer community was mad at the time, but accepted the tax increase on the basis that they would get value in return - dedicated operations to make workers' compensation go smoothly so that injured workers' disputes could be resolved more quickly, return to work faster and thereby reduce negative X-mod consequences.
But as we saw through the years since that argument was complete malarkey. There was no truth to the argument at all. In fact, during the tough times of the last recession DWC operations were curtailed just as much as those agencies subject to the General Fund.
And SB 863 did the same thing - shift complete responsibility for the expenses of public agencies onto the state's businesses.
I keep hearing anecdotally that citizens are abandoning California, that businesses are relocating, that the state is shutting out its most fervent advocates by making it near impossible to afford to live or do business here.
The optimist in me kept saying that California has one thing that no other state has and which keeps smart people here regardless of its taxes - and that would be the weather. I always figured that smart people, given a choice, will migrate to where the weather is best and will figure out how to deal with the expense of that weather.
I'm not so optimistic now. California's government is clearly saying to its people that it can not manage money, that it will use deceit and trickery to cheat more money out of its people, and that there is no accountability in the long term because politicians have no reason to be accountable - their offices are all subject to term limits so there is no "career" to be made out of consistent public service.
I love California. I'm just not IN love with California. To those of you who denigrate our (formerly) great state - I too am having a difficult time justifying why I live and do business here. At some point in time, even I will have to capitulate and realize that it just isn't worth it.
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Dangers of Pharmacist Errors
I recently had a new client come into the office who was suffering from several significant medical issues. The cause of these issues was the medication he was taking. Unbeknownst to him when his prescription for acid reflux was filled by the pharmacist he was given the wrong medication. He was actually given a medication to treat a heart disorder instead. Because the pill color, size and shape was similar if not identical he took the wrong medication for a month before realizing the error. During this month he was experiencing symptoms and having problems which he never imagined were caused by the medicine provided to him by the pharmacy. He is still sick and as of now does not know if these symptoms will ever go away.In the United States literally billions of prescriptions are filled annually in pharmacies. Some recent studies have suggested that up to five percent of all prescriptions filled contain errors. These pharmacy errors include negligence in dispensing, failure to give proper warnings or instructions, errors in labeling, errors in compounding, contaminating a prescribed drug and others. Perhaps the most common of these errors as was the case with my client are dispensing errors. Errors which can occur in dispensing include placing the medication in the wrong bag so that it is given to the wrong patient, the medication is labeled incorrectly or the chemist dispenses the incorrect dosage of the medication.Unfortunately the negative effects of pharmacist or pharmacy errors are numerous. The implications are very serious since people rely on their correctly prescribed drugs to ensure their health and without these drugs are put in danger. Additionally the incorrect drug which has been received can cause serious health risks and dangers which places the persons health and well being in danger. In New Jersey pursuant to State law the practice of pharmacy is declared a health care professional practice affecting the public health, safety and welfare and is subject to regulation and control in the public interest. The State recognizes that “Medication error” is a preventable event that may cause or lead to inappropriate use of a medication or patient harm. In New Jersey as in most states a pharmacists negligence in providing the wrong drug is actionable. It is only fair that public policy favors a tort scheme which encourages pharmacists to exercise great care in filling prescriptions. To not allow civil liability would be to remove one deterrent against the negligent dispensing of drugs. New Jersey Courts have followed the lead of others in declaring that the claim of a pharmacist providing the wrong drug is one involving “clear and palpable negligence.” In one instance the Court indicated that the deviation by a pharmacist who provides a drug different than the one prescribed is as clear as the deviation of a dentist who pulls the wrong tooth.What this case shows is that you as the patient and the person receiving your drugs must be vigilant in making sure you are provided with the correct medication. Always check to make sure the drug received is the proper drug. Check that label and make sure the name of the person and the drug is correct. And check the pill itself to make sure it is the same one you know is correct. If you ever have a problem as a result of receiving the wrong drug immediately seek medical assistance. If the results or problems caused are serious to you then consult an attorney to preserve your legal rights. People trust not merely their health but in some instances their lives to the knowledge, care and prudence of pharmacists, and in some cases even a slight want of care can prove to be fatal. It is therefore proper and reasonable that the care required shall be proportioned to the danger involved.
Mike Foster is a Shareholder in Stark & Stark’s Marlton, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Mr. Foster.![]()
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What You Never Told The Comp Board Can Hurt You
Employer Files Contain Most Useful Information
A comp board, and carrier, can only deal with facts they know. What is not known is dealt with by presumptions, nearly always resolved in favor of a worker. The largest source of useful info is in the employer’s files – where it nearly always remains, silent and drawing no attention to itself.
Facts are totally impersonal and indifferent to whether or not they are invited to work comp hearings. If they overlooked, ignored, unmentioned or regarded is irrelevant only the employer will pay if those approaches are wrong. A fortuitous discovery yesterday illustrates this.
Prior Unemployment Claims Are Common
Have you, as an employer, ever had an unemployment claim by a worker with a terminally anti-social attitude? Did you win the bitter, hard fought claim for unemployment benefits? Did you think that was the end of it, only to be faced with a claim for work comp? Many employers have.
But did you notify the comp board and the carrier, with supporting documentation, of the older UI claim and its outcome? If not, your performance has been typical. Few employers do, and few are asked about prior UI claims.
Yesterday, this writer was doing routine research of a 1985 NY comp decision through google. The name of the case, never mind what it was, unexpectedly produced not one, but THREE cases with the same name, one in 1985, but two in the early 1970s, which were not comp decisions, but UI.
The 1985 decision is useful for claims that require a worker’s signed release, especially where the worker refuses to provide one. The case involved a worker who, for undisclosed reasons, simply refused to provide a post-injury IRS return.
Yesterday, the two earlier UI decisions provided the answers. The worker had been, to put it politely, simply impossible to abide. His battles for UI, after being dismissed, did not change that impression. He lost…….and then filed a comp claim.
He won the comp claim, seemingly without much effort, but when the carrier tried to get documentation of post-injury earnings it met with a stone wall of unexplained resistance.
You Need To Ask
What is disturbing is that the decision strongly points to the fact that even at that point in the proceedings the carrier, the board, and later the court, were unaware of the prior two reported UI decisions. There is an old joke involving a 35 year old, believed to be a mute, who suddenly speaks. When relatives say, “We never knew you could speak”, he answers, “You never asked.”
Had the carrier known of the prior history, the outcome almost certainly would have prevented the claim from being allowed in the first place.
There are many, many claims which fit the above pattern. Wherever there is a claim in which there were prior applications for other benefits, or complaints such as harassment and/or discrimination, inform the board and carrier, and include a copy of any determinations. Do not be mute.
Author: Attorney Theodore Ronca is a practicing lawyer from Aquebogue, NY. He is a frequent writer and speaker, and has represented employers in the areas of workers’ compensation, Social Security disability, employee disability plans and subrogation for over 30 years. Attorney Ronca can be reached at 631-722-2100. medsearch7@optonline.net
Editor Michael B. Stack, CPA, Director of Operations, Amaxx Risk Solutions, Inc. is an expert in employer communication systems and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. He is a writer, speaker, and website publisher. www.reduceyourworkerscomp.com. Contact: mstack@reduceyourworkerscomp.com.
©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law.
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Research Indicates Older MA Workers Not a Drain on Workers’ Compensation
Research shows that older Massachusetts employees are not necessarily more of a drain on the workers’ compensation system than younger employees.
A recent report from the National Council on Compensation Insurance stated “there is growing evidence that an aging workforce has a far less negative impact on workers compensation claim costs than might have been thought.”
The study found that costs for workers age 35 to 65 tend are be quite similar. Duration, treatments per claim, benefits per day, and costs per treatment are all similar for people in this age range. Costs for people age 35 and younger are lower, but older employees’ higher wages and in turn, higher premiums, offset this difference. Older workers have more costly injuries, but those injuries are becoming more prominent for younger workers.
NCCI explains that our physical and mental performance deteriorates as we age, but at a much slower rate than many assume. The report cited an earlier study that looked at three measures of performance: long-distance running, sprinting, and chess. For individuals age 35 to 65, the deterioration rate is 27% for a long-distance run, 19% for a sprint, and only 6% for chess.
Employers are also taking extra measures to keep their employees safe on the job site. Vulcan Materials Company changed the location of water tanks in delivery trucks, moving them from the top to the side, to make them easier to fill. It has also decreased the weight of chutes used for dispensing concrete. Harley Davidson provides trainers to treat aches and pains between shifts, and Duke Energy Corporation has a stretching program for its employees.
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Evacuation Zone Expanded in NJ Toxic Train Derailment
The US Coast Guard has expanded the evacuation zone in Paulsboro NJ (Gloucester County) following the toxic derailment of a train carrying deadly cancer causing vinyl chloride. Evacuations have been mandatory since last Friday when a movable bridge failed to function and collapsed when a freight train was moving over it.
The National Transportation Safety Administration (NTSB) is co-ordinating an intensive accident investigation. The NTSB reported yesterday that the bridge had problem and that the train engineer contacted a Conrail dispatcher for authorization to cross the bridge even though the bridge signal was red indicating bridge trouble. The NTSB also reported that the bridge was inspected by two Conrail supervisors shortly before the event because of trouble signal being sent by the bridge safety mechanism.
Most vinyl chloride is used to make polyvinyl chloride (PVC) plastic and vinyl products. Acute (short-term) exposure to high levels of vinyl chloride in air has resulted in central nervous system effects (CNS), such as dizziness, drowsiness, and headaches in humans. Chronic (long-term) exposure to vinyl chloride through inhalation and oral exposure in humans has resulted in liver damage. Cancer is a major concern from exposure to vinyl chloride via inhalation, as vinyl chloride exposure has been shown to increase the risk of a rare form of liver cancer in humans. EPA has classified vinyl chloride as a Group A, human carcinogen.
Read more about "vinyl chloride"
Vinyl Chloride Workplace PoisonVinyl Chloride Conspiracy DocumentsRelated articles
US NTSB Initiates Investigation of NJ Toxic Train Derailment (workers-compensation.blogspot.com)
Paulsboro train derailment: Aftermath, relocations and investigations (nj.com)
NTSB: Conrail studied problems day before NJ crash (news.yahoo.com)
Investigators probe cause of New Jersey train derailment (cnn.com)
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Co-Morbidities and the Cost of Claims
NCCI Holdings has issued a report on the impact of co-morbidities on workers comp claims. While there are few surprises, the research is able to point toward a handful of specific conditions that are most likely to drive up the cost of a claim: hypertension, drug abuse, chronic pulmonary problems and diabetes. The research also confirms a particular red flag...
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Beware of Insurance Company Surveillance
If you are like me, it is really creepy to think that someone may be following you around, taking photographs and videotaping your activities without your knowledge or consent. Perhaps you are one of those people who senses that someone [...]The post Beware of Insurance Company Surveillance appeared first on Georgia Workers Compensation blog.
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EMPLOYEE MEDICAL PRIVACY ISSUES (PART 3)
DRUG TESTING This is the third and final in a series of posts regarding medical privacy issues in the workplace. This post concerns drug testing. An employer with a compelling business interest and a written policy prohibiting drug use or … Continue reading →
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Can I Be Paid for Travel Expenses During My Workers’ Compensation Case?
Yes, a claimant may fill out a Form 25T and request to be reimbursed for travel expenses and mileage incurred due to medical treatment visits. However, not every trip will be reimbursed. In order to collect on mileage, the trip for the medical treatment must be more than 20 miles roundtrip. Moreover, special consideration for [...]
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Employers Just Need Stability
I've been on a tear this week about California reform and politics, so why stop now?Yesterday the California Workers' Compensation Insurance Rating Bureau (WCIRB) met to discuss quarterly data and make actuarial prognosis for the next quarter.The verdict? Nothing has changed yet, and the concern is that increases in frequency seen since 2010 may not be related to economic factors. The bad part is that the driver behind increased frequency can't be identified.And, what has been repeated almost ad nauseum by anyone not associated with the SB 863 propaganda, the impact of the reforms will not be measurable for at least a year, and it probably will take longer than that.Tony Milano, senior actuarial analyst for the Rating Bureau, told members of the Actuarial Committee on Wednesday that there was "nothing new that we haven't already discussed" in the data from the third quarter of 2012.From the good news side of the reporting, claim settlement rates continued to improve at the third-quarter mark for the second consecutive year, Milano said. About 21.3% of indemnity claims filed in accident years 2008 through 2010 were closed within nine months. In 2011, the settlement rate increased to 21.9% of claims being closed by the end of September, and in 2012 that number increased to 22.5%.Can the settlement rate be sustained though? Frequency is growing faster.Data collected through Sept. 30 shows the number of claims being filed is on pace to increase by 3.3% in 2012. The increase follows a 0.8% increase observed in 2011, and a 9.1% increase in 2010.Dave Bellusci, chief actuary for the Rating Bureau, said the increase in frequency and increases in indemnity and medical severity points to an overall 6% or 7% increase in costs for 2012.2013 will be busy for the WCIRB, as it will for most professionals in the California workers' compensation system coming to terms with SB 863.The Actuarial Committee of the WCIRB plans to track the cost impact of SB 863 and analyze the impact on loss development methodologies. WCIRB actuaries will also review, and if necessary, revise estimated savings and costs associated with the bill.The WCIRB also plans to analyze fee schedules for interpreter, copy and home health services, within 90 days of the Division of Workers' Compensation publishing final values, and also said it will price the Official Medical Fee Schedule based on Medicare's Resource-Based Relative Value Scale within 90 days of knowing the final values.More importantly to the vast majority of the state's employers, i.e. small business, the WCIRB is finally planning on reviewing its experience rating plan next year. Currently, the split point used for calculating experience modification factors, or X-Mods, is $7,000. The portion of a claim up to $7,000 is counted in full for calculating an X-Mod, while claim costs above $7,000 are discounted.This has a disproportionate effect on small businesses which otherwise have a good claims history but get dinged by a single costly claim. The National Council on Compensation Insurance is changing its claim points gradually such that, in 2015, it will be adjusted annually for inflation.Coincidentally the WCIRB last Tuesday started issuing its 2013 X-mods.So what does all this mean? In my opinion, not much. At least, not yet.We're in a period of transition. Nobody really knows what's going on. The fact that frequency continues to increase despite a relatively stable (if not troubled) economy is disconcerting. Throw into the mix the complete uncertainty created by drastically changing the rules of the game with no time for adjustment and we have a lack of stability and predictability.What the purveyors of SB 863 (indeed, each reform plan since I have been in this business) is that it's not the totality of costs that drive business owners and operators nuts. It is the lack of predictability that is troublesome.Good business management needs known factors. Business does not like anything that can not be calculated and upon which good forecasting can be made. One can not plan adequately for the future and that is what drives the bean counters running the books and business owners crazy.Spikes in pricing, whether up or down, is maddening - albeit downward spikes don't get negative attention because generally that means more money left over at the end of the fiscal year. Upward spikes however destroy financial forecasting and create business panic when the cash isn't in the bank account at the end of the year to pay those extra, unpredicted, costs.Continued focus on "costs" does no one who is actually responsible for business any good. The focus should be on consistency and predictability. We have an increase in frequency that can't be otherwise identified - how can frequency be controlled if the cause can't be known?Based on nine months of experience, Milano said the projected growth in medical costs ranges from a low of 4.5% to a high of 8%. Trends in indemnity costs point to growth of between 0.6% and 3.8% in 2012, he said.Those are wide ranges - business can not adequately plan when trends can not be succinctly tracked and identified.SB 863 does nothing to provide business with the ability to plan. Instead it creates havoc, with the actuaries essentially making wild-assed guesses as to what the future holds.What am I complaining about though? SB 863 is here to stay, it is the law, it is what the Brown Administration wished upon the business community of California. So just let it be for once. When SB 863 doesn't work out the way that its proponents thought it would in a couple of years, leave it alone! This industry goes though a major change in the law every 7 years or so, which is not enough time for stabilization to occur.Our collective short term memory loss only drives the cost of doing business in California up. Workers' compensation is not about us. It's about business environment which means that those in business need to make money at the end of the day, and need to know that they in fact can make money and how it's going to get done.Planning. That's all businesses really want - the ability to understand what's in the way of achieving a goal and being able to plan for it. One can not manage what one does not know.![]()
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Suicide – Recognize the Signs Before It’s Too Late
Today’s post comes from guest author Leonard Jernigan from The Jernigan Law Firm. Several years ago I had declined to represent an injured truck driver until his wife called me and said she found a suicide note and asked me… Continue reading »This post is from Iowa Workers' Compensation Law
Link to original post: Suicide – Recognize the Signs Before It’s Too Late
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Aging "Baby Boomers" and Workers' Compensation Part 2
Today's post comes from guest author Tom Domer from The Domer Law Firm.Last week, we started talking about some of the NCCI’s interesting conclusions about the implications of “Baby Boomers” in the workplace (see Part 1 of this article). In today’s post, we discuss these conclusions in more detail. The frequency of injury has steadily declined since the mid-1990s, with age group differences in frequency largely eliminated. The decline in frequency has occurred for all age groups. The differences among age groups in the early 1990s had almost completely disappeared by 2010.
A longstanding worker’s compensation maxim that “younger workers have much higher injury rates” is no longer true. For example: the injury rate for workers age 55-64 was 16% lower than the frequency for all workers in the mid-1990s but actually 1% higher in 2010, indicating that the differences have clearly narrowed.
Lastly, in terms of severity of claims, older workers certainly cost more, primarily due to higher wages and increased medical costs for older workers. The severity of medical costs for the 55-64 age group was 25% above average in 1995 but only 17% above average in 2008. Even those differences have narrowed. Simply put, the medical severity was more than 50% higher for older workers.
In terms of types of injuries suffered, older workers seemed to experience rotator cuff and knee injuries and lower back nerve pain (lumbosacral neuritis) while younger workers were more likely to have sprains and lower back pain.
In terms of time lost, the average temporary duration was 53 days for the 20-34 age workers and 66 days for the 45-64 age workers (a 25% difference). Average treatments per claim averaged 44 for the 20-34 age workers and 58 for the 45-64 age workers, while the average temporary benefits paid per day was $42 for the 20-34 age and $53 for the 45-64 age workers. Average cost per treatment was $117 for the 20-34 age workers and $126 for the 45-64 age workers.
In conclusion, the differences in frequency of injury rates by age have diminished while differences in severity of cost by age have continued. Older workers generally tend to have higher loss costs per worker, but the term “older” seems to start with age 35, since all groups of workers age 35 to 64 have similar costs per worker. Overall, an aging workforce may have less negative impact on loss costs than originally thought.
Image: Ambro/FreeDigitalPhotos.net
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Why Injured Workers Should Deactivate Their Social Media Accounts
Your private photos could be used against you by insurance companies. Today’s post comes from guest author Nathan Reckman from Paul McAndrew Law Firm. Recently, it seems as though everyone is connected through social networking sites such as Facebook and… Continue reading »
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Truck Drivers Beware – Your Insurance May Not be What You Think
Posted in fighting fraudtruckersUncategorizedWorkers CompensationToday’s post comes from guest author Leonard Jernigan from The Jernigan Law Firm. NOTE: The timeline for filing an injury claim with the Washington Department of Labor and Industries is shorter – only 1 year – than what Mr. Jernigan describes in his article. There is a scam out there and truck drivers are the [...]
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Legal Avenues Exist for Dealing with Workplace Bullying
Bullying isn’t limited to the schoolyard. Bullying in the workplace is also a hot topic among employment lawyers and human-resource professionals. One study states that 35 percent of employees are bullied at work. In general, if you are being bullied… Continue reading »
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Do I Qualify For Social Security Disability Benefits?
Posted in Social Security DisabilityToday’s post comes from guest author Roger Moore from Rehm, Bennett & Moore. In order to qualify for Social Security disability benefits, you have to prove that you have one or more physical and/or mental impairments that are severe and… Continue reading »
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Factory Fires in Pakistan Are A Painful Reminder Of Safety Oversights
A recent fire at a Pakistani garment factory is reminiscent of the Triangle Shirtwaist factory fire Today’s post comes from guest author Leonard Jernigan from The Jernigan Law Firm. The fires in two clothing factories in Pakistan on August 12,… Continue reading »
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SUV rollover accident - an anylisis by a Miami Lawyer
As a car accident lawyer and also the owner of a new SUV , I cannot help but question the safety factors involved in rollover accidents involving SUVs and the resulting injuries.
There is no doubt that SUVs have become increasing popular due to their sheer functionality. In an era where fuel consumption has become an ever growing concern, manufacturers of SUVs have worked hard to come up with competitively fuel efficient versions of their vehicles. This adds to their attraction in the marketplace and popularity on the road.
In investigating I discovered that it is a fact that SUV's have a higher rollover accident rate, over other vehicle models. This has been confirmed by several auto safety agencies throughout the country, including The National Highway Transportation Safety Administration.
It appears that it all boils down to design, first and foremost. These style of vehicles often have a heavier weight distribution on the top.
So what can be done to prevent or reduce the rollover risks that are clearly associated with these very popular models of motor vehicles?
The answer is overall safe operation and maintenance of the vehicle. This includes driving at speeds within the safety limits and avoiding fast driving where the road conditions dictate. With an SUV, careful maneuvering of turns and road hazards is even more important.
When towing heavy items, sic as boats and trailers, one needs to be even more cautious. It is also very important to be careful when transporting other heavy items, especially if considering placing them on top of an already top heavy vehicle. This should be avoided as it is unsafer.
Of course follow the manufacturer guide for ongoing maintenance of the vehicle, including, but not limited to , tire maintenance and inspection , along with ongoing care with a professional.
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More Pages to Explore .....
