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Archive for December, 2009
Tuesday, December 29th, 2009
Older people in nursing homes and other care facilities deserve our respect, dignity, and proper care and attention. Unfortunately, sometimes nursing homes fail in their duties and older people are actually physically or psychologically harmed by the negligent or intentional acts of their caregivers. This nursing home abuse can be caused by poorly qualified and inadequately trained staff, staff with a history of violence, inadequate numbers of staff, the isolation of residents, and the reluctance of residents to report abuse out of embarrassment or fear.
Who is Liable for a Nursing Home Injury?
There are many ways in which nursing homes can be held responsible for injuring others as a result of their negligence, abuse, false imprisonment, or violations of criminal statutes, as well as violations of regulations regarding licensing, maintenance, and general operation. An act of abuse, neglect or exploitation of an older person by a nursing home can lead to an investigation and finding by an adult protective services agency, a civil lawsuit, and/or criminal prosecution.
The liability of a nursing home owner or employees can result from:
- Negligent personal supervision and care
- Negligent hiring and retention of employee
- Negligent maintenance of the premises
- Negligent selection or maintenance of equipment.
A nursing home can be held liable for negligence if the injured party can prove: 1) that the nursing home’s owner or employees breached a duty of care owed to the injured person; 2) that the person’s injury was caused by this breach; and, 3) that the nursing home owner’s or employee’s conduct caused the injury.
Also, a nursing home will generally enter into a contract with a resident, in which it sets out what services it will provide, and the cost of those services. If the perceived abuse or neglect of the nursing home or its employees is contrary to promises made in the contract regarding the care of residents, the nursing home can be sued under a breach of contract theory. Many contracts require only that the home provide such services as are “reasonably necessary” for the resident’s well-being, but even under this standard, a nursing home could be found negligent if it failed to meet the basic needs of a resident.
Has a Crime Been Committed?
All residents of nursing homes have the right to to be free from verbal, sexual, physical and mental abuse, and any physical or chemical restraint that is imposed for purposes of discipline or convenience, rather than to treat a medical condition. There are criminal penalties for the abuse, neglect, or other mistreatment of nursing home residents. Failure to provide residents with sufficient food, keep residents clean, or prevent bedsores from occurring, have supported convictions for criminal neglect. In other cases, the unjustified use of physical restraint or force against nursing home residents has resulted in convictions for nursing home abuse. If you believe a crime has been committed involving the care of yourself or a loved one by a nursing home it is important that you report it immediately and contact an experienced attorney.
Should I Contact an Attorney?
If you or a loved one has suffered injury or abuse as a resident of a nursing home, you should speak with an attorney experienced in nursing home and elderly care issues as soon as possible to ensure that your legal rights to compensation are fully assessed and protected, especially in light of time limits for filing a lawsuit for nursing home injuries. No elderly person should be subjected to nursing home abuse. Contact an experienced Colorado nursing home abuse attorney to protect the rights of yourself or a loved one today.
Tags: colorado nursing home abuse, elderly abuse, elderly abuse attorneys, negligence, Nursing Home Abuse, Nursing Home Abuse Attorney, nursing home abuse attorneys, personal injury attonrey
Posted in Nursing Home Abuse, Nursing Home Abuse Attorney, negligence, personal injury | No Comments »
Monday, December 21st, 2009
Construction workers must deal with some of the most dangerous working conditions faced by employees in any industry. Construction workers face a variety of hazards, including falls from scaffolds and other elevations, being struck by moving or falling machinery, electrocution, health hazards resulting from exposure to asbestos and chemicals, injuries caused by defective or unsafe equipment, and lifting and repetitive motion injuries. As a result, work-related construction accidents occur very frequently.
Who’s Liable for a Construction Accident?
There can be a wide variety of individuals involved at a construction site, including the site’s landowner, design and engineering professionals, contractors, construction managers, and equipment and material suppliers. In assessing liability for injuries at a construction site, the main determinations are the extent of a potential party’s control over the site on which the work is being done, and the degree of their control over the work itself.
The following people may have varying degrees of control over the construction site and work being done, and thus may be liable in a construction accident.
- The owner of the construction site: Issues of landowner liability turn on the degree of his or her control over the premises, as compared to control over the work itself. Depending on the amount of control of the premises that he or she gives over to an independent contractor, the landowner may not be considered the legal possessor of the land for the duration of the construction project. The owner or possessor of the land on which a construction project is being performed is liable for any injury to individuals involved in the project, caused by a potentially harmful condition on the land that the owner knew or should reasonably have known of. This duty does not extend to potentially dangerous conditions that should be obvious.
- Contractors: Both the general contractor and the sub-contractor must provide a construction site that is reasonably safe, and they have a legal duty to warn of any defects or hazards at the site, as well as any hazards inherent in the work being performed. A general or sub-contractor has an obligation to make sure that, to the extent they have been delegated control over a portion of the work being performed at a construction site, that work is being performed safely. This obligation extends to the hiring of reasonably competent employees, and ensuring compliance with safety regulations.
- Manufacturers of Construction Machinery or Equipment: Manufacturers of defective construction machinery or equipment can be held responsible for the design and manufacture of that equipment.
- Insurers: In the case of some large construction projects, the parties involved will be required to carry significant insurance coverage. The insurance coverage of each respective party involved in a construction project, and the extent of that coverage, are important issues when assessing legal responsibility for a construction injury.
Getting Help for a Construction Accident Injury
If you have been injured as a result of an accident at a construction site, there are a number of things you can do to protect yourself and your legal rights:
- Get medical attention for your injuries.
- Report the injury to your employer or construction site manager, and write down the name and position of the person notified.
- Get the names and contact information of anyone who may have witnessed the accident.
- Try to preserve any evidence related to your injury, by taking photographs of the area where you were injured (and the injuries themselves), or keeping the equipment or tool that was involved in your injury.
In light of complex liability issues, the legal deadlines for filing causes of action for injury, and the need to conduct a thorough site investigation as soon after the injury as possible, meeting with a Colorado work injury attorney experienced in construction accidents sooner rather than later. Don’t take on your employer and their insurance company alone! Contact a Colorado personal injury attorney today to protect your rights and get you the fair compensation that you deserve!
For more information about personal injury and Colorado personal injury attorneys, view here
Posted in Colorado personal injury attorney, Construction Accident, negligence, personal injury | No Comments »
Friday, December 4th, 2009
In Colorado, employers are required to purchase insurance for their employees from a workers’ compensation insurance carrier. When a worker is injured, his or her claim is filed with the insurance company, or self-insuring employer, who pays medical and disability benefits according to a state-approved formula.
What if my Employer Fails to Provide Worker’s Compensation?
In Colorado, employers without workers’ compensation insurance are subject to fines, criminal prosecution, and civil liability.
Some penalties include:
- Fines
- Prosecution in criminal courts
- Personal liability of the employer for any workers’ compensation benefits due injured workers
- Employees can take legal action in civil court to recover damages for their injuries from their employer
Your Employer’s Responsibilities
In addition to providing worker’s compensation coverage, your employer is also responsible for the following:
- Posting a notice of compliance with workers’ compensation laws in a conspicuous place at each job site.
- Providing immediate emergency medical treatment for employees who sustain on-the-job injuries.
- Providing further medical attention if an injured worker is unable to select a doctor or advises the employer in writing of his or her desire not to do so.
- Completing a report of the injury and mailing it to the nearest workers’ compensation board office. A copy of the report should also be mailed to the employer’s insurance company. An employer who refuses or neglects to make an injury report may be guilty of a misdemeanor, punishable by a fine.
- Making a written report of every accident resulting in personal injury that causes a loss of time from regular duties beyond the working day on which the accident occurred, or that requires medical treatment beyond first aid.
- Complying with all requests for further information regarding injured workers by the workers’ compensation board or the insurance company, such as statements of the employee’s earnings before and after the accident, reports of the date of the employee’s return to work, or other reports that may be required to determine the employee’s work status following the injury.
Employer’s Duty Not to Retaliate
Although workers’ compensation laws provide remedies to injured employees, they also protect employers, since they are designed to be the only remedy that injured employees may seek from their employers. Some employers, however, appear to frown on employees who file workers’ compensation benefit claims, and some blatantly discriminate against such employees. Colorado law prohibits employers from discriminating against, harassing, or unjustly firing injured employees. If you’re employer has discriminated against or unjustly terminated your employment as a result of your workers’ compensation claim, you should contact a Colorado attorney immediately.
Should I Hire an Attorney?
Because of the complexity of the issues involved, the likelihood that your employer and his insurance company will do everything they can to keep you from getting compensation for your injuries, and because legal action in a civil court is often the only recourse against employers who fail to comply with Colorado workers’ compensation laws or discriminate against employees who file workers’ compensation claims, you should contact a Colorado attorney experienced in workers’ compensation and personal injury today. Don’t take on the insurance companies on your own! Consult a Colorado attorney today to get the fair compensation that you deserve.
For more information about experienced Colorado workers compensation attorneys , you should look at reputable Colorado attorneys directories, do an internet search and contact the attorneys and law firms that appear in the business listings, ads and content that come up on the top few search results pages.
Posted in Colorado Workers' Compensation Attorney, Colorado personal injury attorney, Colorado workplace injury, worker's compensation | No Comments »
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About Frank D. Azar & Assoc.
From its inception 1987, Franklin D. Azar & Associates, P.C. has concentrated in cases involving personal injuries.
In recent years, we have also begun representing persons in a variety of class action lawsuits, ranging from victims of defective and dangerous products to employees who are not receiving full payment for their work from their employers. We currently maintain offices in Denver, Colorado Springs, Pueblo, and Trinidad, Colorado.
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