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Does Self-Regulation Work in Construction?

The New York metropolitan region, which includes Long Island and New Jersey, is a bustling area with lots of business going on. It is no wonder that the construction industry has a lot to keep them busy; there are construction sites everywhere all year long. This is the good news for construction workers because it means they are always in demand. The bad news is they have no assurance that they will be safe on the job.

While the number of fatalities in New York decreased slightly from 40 in 2011 to 38 in 2012, the number of injuries has increased as more worksite accidents occurred. The most common construction accident was fall from height and struck- by incidents. The New York Committee for Occupational Safety and Health stated in its report that among the accidents that occurred in 2013, more than 65% of the construction sites involved had at least one citation for serious safety violations, indicating that a majority of these accidents were preventable.

Despite these pressing needs, the number of worksite inspectors in New York City itself was reduced, significantly cutting down on the number of worksite inspections that was done in 2012 (141,000) compared to 2009 (244,000). The city government admits that they are relying on licensed contractors to self-regulate and to report worksite problems voluntarily. It doesn’t seem to working out so well.

The Department of Building’s spokesperson states that the regulations overseeing the construction industry in the city is some of the toughest in the world, but enforcement is another issue altogether. When contractors are expected to self-regulate, it is inevitable that a lot will fall through the cracks. Safety regulations cost money, and most contractors have their eye on the bottom line and will cut corners where they can.

The impetus to keep the work going overrides safety concerns until disaster strikes. By then it is too late to save the victims from harm; the best that can be done is to seek compensation for those who survive.

If you have been seriously injured in a construction accident in New York, you may find that the law will finally start to work for you. Consult with a good New York construction accident lawyer to get the attention and compensation you deserve.

Weighing the Odds with Pradaxa

Stroke is the third leading cause of death in the U.S., taking the lives of about 140,000 people annually. Of those who survive, a stroke often has a significant impact on the quality of life of these people. It is no wonder that there should be great interest in finding effective medication to prevent strokes.

Warfarin was approved for use in the U.S. in 1954 as an oral coagulant, and continues to be widely used despite the concomitant health risks. These include intracranial bleeding and extracranial hemorrhaging. Warfarin also requires frequent doctor visits to monitor blood warfarin levels and a restricted diet. Until quite recently, warfarin led the race for the number of adverse event reports (AERs)and deaths caused by a drug in the Food and Drug Administration at 1,106 events which includes 72 fatalities in 2011.

That’s nothing compared to the newer and “safer” anticoagulant drug Pradaxa (dabigatran) from Boehringer Ingelheim. Introduced into the market in 2010, it didn’t take long for the stroke prevention medication to get a sizable share of it. However, Pradaxa racked up 3,781 AERs, which included 542 fatalities in 2011. In that year, there were more than 30 million users of warfarin in the U.S., and about 2.2 million users of Pradaxa. Comparatively speaking, Pradaxa is way out there when it comes to AERs.

Exactly how much safer Pradaxa is compared to the decades-old warfarin has become a source of speculation for many health experts. It is undeniable that Pradaxa is much easier to take than warfarin because there are fewer restrictions. But barely 3 years in the market and Pradaxa is already the star of multidistrict litigation (MDL) in the Southern District of Illinois.

If you or someone you know had a serious adverse reaction to Pradaxa, it may be time to get in touch with a lawyer who knows all about MDL 2385 (In Re: Pradaxa (Dabigatran Etexilate) Products Liability Litigation). Have the case assessed and proceed from there.

Block Box Warning on Avandia since May 2007

In 1999, a new drug that was meant to benefit type 2 diabetes patients was approved by the US Food and Drug Administration for prescription and use – Avandia, also known under the name Rosiglitazone. Avandia was manufactured by SmithKlineBeecham Corporation (the company is now called GlaxoSmithKline after it merged with Glaxo Wellcome). This oral drug, which decreases the level of blood sugar (glucose), is recommended for type 2 diabetics who, for medical reasons, cannot take Actos or Pioglitazone, or whose bodily system would not respond to other diabetes drugs. It is usually combined with exercise and proper diet or with other anti-diabetic medication, like sulfonylureas or metformin, though it may be taken alone. Type I diabetics should not take Avendia due to the very low, or absence of, insulin in their system.

Avandia became GlaxoSmithKline’s second most used product, being prescribed to more than six million people since its release on May 25, 1999. Multiple studies, however, were made on Avandia due to claims that it increases risk of heart attack and other cardiovascular heart ailments; there were claims that it has even caused the death of some patients. Thus, in August 2007, following a recommendation arrived at during a joint gathering of FDA’s advisory committees made up of the agency’s Drug Safety and Risk Management and the Endocrine and Metabolic Drugs, FDA added the “possibility of increased risk of heart attack” info on the drug’s black box warning label which was first requested by FDA in May 2007 (this first request only stated greater risk of congestive heart failure).

A black box warning (also called boxed warning or black label warning) is the sternest warning that the FDA can issue on a drug which is reported to cause severe and life-threatening side effects. Besides Avandia’s physician labeling and patient Medication Guide, this warning also appears in all forms of literature and advertisements (like in magazines) about the drug.

Due to further studies being made on Avandia, the FDA decided not to pull the drug out of the market yet. Continuous study and increase in reported Avandia side-effects prompted the FDA to notify the public anew (specifically, on February 3, 2011), this time, of the drug’s possible cardiovascular (and heart attack) risks. Though physicians are allowed to continue prescribing Avandia and other Avandia-containing medicines (but only to those who have been using the drug already), patients should be informed of the warnings already issued by the FDA on the drug.

Child Custody

Child custody, which is intended to ensure that the best interests of the child are prioritized even after divorce, is a critical divorce-related issue. Its mandate is that the child’s future should never be compromised. Thus, whoever the court assigns as the custodial parent becomes responsible with regard to the child’s education, medical care, and other developmental needs.

There are four main types of child custody. Sometimes the court assigns both parents as custodians to ensure their continuous participation in their child’s life. Child custody can be:

  • Legal custody – this type of custody grants custodial parents the right to decide about what’s good for their children: where the child should study and what church he or she should go to are some of the issues legal custody is meant to address. Some courts award legal custody to both parents. In the case of joint legal custody, both parents are guaranteed a say in these important issues.
  • Sole custody – if one parent is deemed unfit by the judge to continue caring for his or her child, usually due to drug dependency, alcoholism, mental incapacity, child abuse, or an unsuitable new partner, then sole custody may be the court’s choice.
  • Physical custody – this type of custody allows the custodial parent to be in the same house with his or her children. If the parents happen to live near one another, then joint physical custody may be chosen by the court instead. This is also based on the condition that both parents, despite the divorce, still continue to spend almost equal time with the child.
  • Joint custody – this type of custody entails joint legal and physical custody for both parents.

Child custody can be a contentious issue with profound effects for the lives of both the children and their parents.

Boon or Bane? Injuries on the Eagle Ford Shale

There are speculations that there have been more people injured on the Eagle Ford Shale in South Texas than has been officially reported. Currently, the fatalities reported for that particular beacon of fossil fuel and mineral deposits has risen to 13, but that is the unofficial count. Of the workers employed in the more than 4,000 drilling permits applied for in 2012, the number of the injured on the Eagle Ford Shale could easily be grim.

Oil and gas extraction is an inherently dangerous undertaking; injuries are bound to happen. The recent flurry of oil leases and drilling activities has increased the chances of serious injury to workers exponentially. Most recently in Eagle Ford Shale, a worker was killed when he was hit on the head by a falling pipe. It doesn’t take much to turn a good day into bad.

The Lowdown on Eagle Ford Shale

The Eagle Ford Shale is one of two areas with the richest oil deposits in the US, calculated to have about 10 billion gallons waiting to be tapped. The other one is in the Permian Basin, also in Texas, which in turn is may very well contain 17% of the total oil reserves in the country.  The Eagle Ford Shale was first tapped in October 2008 by Petrohawk, providing a lot of people in the area with good paying jobs and fueling a boost the economy. In general, safety procedures are observed, but not always.

Safety issues at Eagle Ford Shale

It is undeniable that the nature of the work is generally risky, but unsafe working conditions make it much easier for workers to get injured on the Eagle Ford Shale. For each of the 13 fatalities in the Eagle Ford Shale group, inadequate safety gear and/or working conditions were pinpointed as the culprit. Workers did not get enough training in safety procedures, and in some cases the safety equipment was lacking. As in the case of the most recent fatality, falling objects can be deadly, but even non-fatal injuries due to falling objects, faulty equipment, or misuse of heavy machinery can have devastating effects. And yet they are believed to be under-reported. It is likely that out of every 100 workers in the industry, four suffer non-fatal injuries that are not always officially recorded.

If you or someone you know got injured on the Eagle Ford Shale due to carelessness or negligence in the workplace, don’t feel pressured to keep silent. Consult with a personal injury lawyer and get compensation for the costs associated with the injury.

For more Eagle Ford news, please visit this site to keep yourself updated: http://eaglefordshale.com/

Questions to Ask A Personal Injury Lawyer

Choosing the right personal injury lawyer can be a bit daunting. Personal injury is a special area of the law, which would mean that in order for you to get the best of any settlement claims you have been asking you must find the right lawyer with enough experience and knowledge of this field.

Schedule meetings with different firms in order for you to find the one whom you are most comfortable working with, as trust is an important factor in any relationship. Upon meeting, present to them your case and other supporting documents that you think would be beneficial in your personal injury claim. Also, don’t be shy about asking them questions, as their answers would help you determine if they are the right people to work with or not.

  1. Ask them outright if they are willing to work on a contingency basis. This means they get paid after the settlement has been done, and they will receive not more than one-third of the amount given.
  2. Ask them how many personal injury cases they have won in court. A good lawyer would be well-versed about personal injury law to win many of his or her cases, and it shows their experience in the court.
  3. Determine if they will accept any of your decision, whether they are OK with you accepting a lower settlement pay or you refuse to accept a seemingly fair amount of compensation.
  4. Inquire them about other fees, such as retainer fees and other additional fees and possible payments that are excluded in the final salary.
  5. See if they are enthusiastic about representing you in court.
  6. Check their education background, and if they have taken any additional studies to further their practice.
  7. Determine if he or she will be working alone on your case, or there will be other lawyers to help with the proceedings.

Personal injury claims can be long and complicated, so you must find someone you trust and get along with very well. Because many factors can affect the case along the way, you might go for a settlement, and when you do be sure to ask your Tennessee Personal Injury Attorney for advice whether to take it or not. A lawyer will be able to help you through this difficult time while you heal physically and emotionally.

Punishments For Felonies

Punishments for every felony would depend on the severity of the crime, and sometimes on the number of offenses made by the culprit. The lowest of these punishments is the state jail felony, where the convict can have the penalties of:

  1. Imprisonment between a minimum of six (6) months and a maximum of two (2) years;
  2. A jail conviction which can be probated for 5 years at most;
  3. Imprisonment in the county jail from one (1) day to 12 months.

The third penalty can only be achieved via a special authority where the law permits a county imprisonment following a felony conviction. This can be a significant thing, and the reason why most lawyers opt for this conviction because then the convict can have a big chance for parole or lower time in jail.

As for the felonies that can put a person under these punishments, most are lighter offenses. The most common are:

  1. Property theft amounting between $1,500 and $20,000;
  2. Breaking in and stealing from a building;
  3. Driving under the influence, all while there are passengers who are 15 years old and below riding in the vehicle as well;
  4. Eluding being arrested, only if it is their first time;
  5. Drug possession amounting to less than one (1) gram.

One of the great disadvantages of the state jail felony is that despite having proper conduct while being incarcerated, you will have to serve that sentence without possibility of parole. People who are sent with a state jail felony are not given a no credit for good time – they are there to complete their sentences. This can be a bit harsh, as opposed to having county jail sentence. The reason alone can be enough basis on why a criminal lawyer would prefer to have their clients get a county jail sentence rather than a state jail felony sentence.

Calculating Compensation for an Injury

Putting monetary worth on an injury can be difficult. There are many factors that can affect the total compensation a person can get after getting injured in an accident. When it comes to computing for the total amount of compensation, here are some things that need to be considered:

  1. Visit Our WebsiteDetermine who is at fault – whatever type of accident it is, knowing who is at fault can help in deciding how much compensation should be given.
  2. The degree of the injury – certain body parts cost more than others. Losing a thumb, for example, may require bigger compensation than losing a pinky finger, simply because the thumb is necessary for gripping. How the injury can affect you in the long –term is another thing to look into, as well as pre-existing existing injuries which can affect the compensation you can get.
  3. You age – being young can give you a bigger compensation, especially if the injury will affect your life in the long run. The need for surgeries, recovery time, how it can affect your daily activities, as well as whether you can come back your work or not can also be determining factors for compensation.
  4. Insurance of the other person involved – knowing if the other person, especially if they are the one at-fault for the accident, has insurance, helps in knowing how much compensation you will be given.
  5. Having the right lawyer – personal injury is a special field of the law. Different states also have different ways to process these claims, therefore it would be better to find a personal injury lawyer in your area who is proficient in this area of law.

Computations when it comes to personal injury claims differ from case to case, which is why it is always better to consult with a professional lawyer how specializes in this field of law and is well-experienced to represent your case in court.

Hunting Regulations

Humankind has hunted throughout almost its entire existence. While it was once crucial for survival, these days hunting is more of a sport than anything else. Nevertheless, the bonds between man and the hunt remain strong. Individuals who want to retrace this heritage in the United States can do so, as long as they follow certain rules and regulations.

hunting with a dog and a gunIn order to hunt legally, a person will need to obtain a hunting license. Sometimes individuals will have to take a short safety course in order to be awarded their license. Additionally, to lawfully hunt certain animals, you’ll need to purchase what are called “tags.” These tags are used because there is a limited supply of tag animals and it would be unfair to other hunters for a few people to get all the deer, for example. Tags are typically distributed via lottery. In order to hunt migratory birds, hunters must be in possession of a “Duck Stamp.” Regulations on how many of a type of animal hunters are allowed to kill in a single day or possess on a trip vary from creature to creature.

Depending on the animal being hunted or the time of year, there are also regulations surrounding the kind of weaponry and ammunition that are allowed. There are, for example, designated times or areas when hunters can only use bows lawfully.

While hunting may seem counterproductive to conservancy, the fees and taxes levied on hunters fund a lot of conservation efforts across the nation. Excise taxes on hunters generate millions of dollars for wildlife programs.

Personal Injury Claim

Even when you are careful, accidents can happen. It may be because of bad luck or because of other people’s negligence, but anyone can be involved in an accident, and this could lead to devastating injuries. Knowing that it was the recklessness of another person that has resulted in your injuries could put you in the right position to ask for compensation.

Filing for a personal injury claim would be the next thing to do to ensure that the guilty party is held responsible for the accident. However, on order to ensure that you have a solid case against them, there are some things that you need to avoid doing. Mistakes such as these can put you in a predicament once you have filed for a personal injury claim:

  1. Avoid asking for compensation from injuries not included in your medical documentation. If ever there are new symptoms or complications that arose from the initial injuries you have suffered after the accident, make sure to have them checked by your physician and documented properly, in order to prevent making your claims false and unreliable.
  2. Make sure to get immediate medical attention to all your injuries, even when they seem insignificant at first. This ensures that you have medical certificates to show that you have endured an injury and that you have been financially burdened by it as well. Also, it is just as important to follow what your physician has advised you to do, what medications to take, and attend any follow-ups to make sure that everything is documented accordingly.
  3. Talk to your personal injury lawyer first before giving a formal statement to your insurance company. Although it might seem important to talk to your insurance company first, try to avoid giving out information on who is at fault for the accident, and be sure that you are informed if your conversation is recorded so that you can prevent it from being used against you in the future.

Aside from these tips, it is also important to have enough evidence to back you up in court once you have filed for a personal injury claim. Take photos of the damages, take the contact numbers of people who can be witnesses to the accident, and keep all documentations. With the complexity of personal injury claims, a simple mistake or neglected thing can be a huge factor once you have to present yourself in court.