Soft Tissue Injury | Lunsford, Baskin & Priebe PLLC https://www.lunsfordbaskin.com Mon, 06 Jun 2022 09:19:41 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.2 https://www.lunsfordbaskin.com/wp-content/uploads/2021/08/cropped-Logo-32x32.jpg Soft Tissue Injury | Lunsford, Baskin & Priebe PLLC https://www.lunsfordbaskin.com 32 32 Can You Sue a Doctor for Misdiagnosis? A Misdiagnosis Happens More Often Than You Think. https://www.lunsfordbaskin.com/can-you-sue-a-doctor-for-misdiagnosis-a-misdiagnosis-happens-more-often-than-you-think/ Mon, 16 May 2022 07:16:34 +0000 https://www.lunsfordbaskin.com/?p=3134 Read More »]]> Tragically, medical misdiagnoses are exceedingly common in the United States and Mississippi, and misdiagnoses can lead to serious or fatal injuries and illnesses. If you’re the victim of a medical misdiagnosis, you may wonder if you have the option to file a lawsuit. Those who suffer from an injury or illness caused by medical malpractice have every right to file a lawsuit in Mississippi, but what qualifies as medical malpractice is often difficult to determine.

If you have questions regarding medical misdiagnosis and malpractice, contact the Mississippi medical malpractice attorneys at Lunsford, Baskin, and Priebe, PLLC. We offer free case evaluations so that you can understand your legal options moving forward. In this blog, we discuss common diagnostic errors, when a misdiagnosis is considered medical malpractice, and suing after a misdiagnosis. 

How Often Does Misdiagnosis Occur? 

Johns Hopkins Medicine conducted a detailed study regarding medical malpractice cases from 1986 to 2010. Out of all medical malpractice cases, misdiagnosis was the most common reason for claims, and the injuries and illnesses that were caused or made worse by misdiagnoses accounted for $38.8 billion in damages. The study also estimated that every year between 80,000 to 160,000 people suffer from serious or fatal complications due to a misdiagnosis. 

Additional medical studies indicate that misdiagnoses are one of the leading causes of serious and fatal injuries and illnesses that are preventable. 

Misdiagnoses usually occur due to a delay in the diagnosis or an issue with the testing process.

Common causes include:

  • Misinterpreting the results of a diagnostic test
  • Not consulting with a patient about their symptoms
  • Not investigating what may be causing symptoms 
  • Failing to test for a particular medical condition
  • Failing to refer patients to a specialist who can treat their specific condition

There are many different types of misdiagnoses that can cause or contribute to serious or fatal injuries or illnesses. Some of these types include:

  • Lymph node inflammation: Sometimes misdiagnosed as appendicitis
  • Staph infection: Frequently misdiagnosed as the flu 
  • Asthma: Often mistaken as bronchitis

In addition to these common misdiagnoses, three major misdiagnoses frequently lead to serious injury and death. These are:

  • Cancer: Cancers that are frequently misdiagnosed include lung cancer, melanoma, breast cancer, lymphoma, pancreatic cancer, and colon cancer. 
  • Infections: People frequently suffer from misdiagnosed hospital infections including central line-associated bloodstream infections, gastrointestinal infections, soft tissue infections, and more. 
  • Heart attack and other cardiovascular issues: Heart attacks, strokes, and heart disease are frequently misdiagnosed, leading to serious or fatal consequences.  

When Is a Doctor Misdiagnosis Considered Malpractice?

Although misdiagnoses occur frequently, not all misdiagnosis cases are considered medical malpractice. The diagnostic issue needs to be considered preventable, and the error needs to have harmed the patient. When evaluating whether a misdiagnosis case constitutes medical malpractice, legal professionals usually look at various indicators including:

  • Whether the patient received reasonable care
  • Whether the patient was harmed due to the misdiagnosis
  • If the medical professional provided a proper evaluation to diagnose their patient
  • If the medical professional provided or consulted with the patient about relevant diagnostic tests 
  • If the diagnostic tests were executed properly
  • If medical professionals interpreted the diagnostic test reasonably

A medical professional can make a mistake and misdiagnose a patient as long as they provide an acceptable level of care. They need to have provided as much care as a reasonable medical professional would in the same situation. For example, if a doctor misreads a diagnostic test but they showed proper care and interpreted the results in a way that a reasonable doctor would, courts likely wouldn’t consider the doctor’s actions medical malpractice. On the other hand, if they didn’t pay attention to their patient and misdiagnosed them as a result, they didn’t perform their duty and they could be found liable. 

Can You Sue a Doctor for Misdiagnosis in Mississippi?

You may wonder what to do if your doctor misdiagnoses you. If you suffered from harm as a result of the doctor’s misdiagnosis, you may be able to recover compensation. For example, if your doctor has you undergo damaging treatment to address your misdiagnosed condition, you may have suffered from severe harm. 

A patient could be misdiagnosed with cancer and undergo harmful chemotherapy as a result. Patients may also suffer because of delayed treatment caused by a misdiagnosis. If a doctor diagnoses a patient with a migraine but they’re actually suffering from a stroke, for example, that patient may suffer permanent damage or even death due to the misdiagnosis.  

When suing a doctor for misdiagnosis, you need to be able to prove that the doctor didn’t provide you with reasonable care, and their failure to provide care caused you harm. You also need to prove that you were their patient, they acted negligently, and their negligence directly caused injuries or illnesses or made them worse.  

Contact a Mississippi Medical Malpractice Attorney

When entering into a misdiagnosis lawsuit settlement, you may be able to recover different forms of compensation including medical bills, lost wages, loss of future earnings, physical and emotional pain and suffering, in-home care, loss of consortium, and more. 

Although you’re not required to hire a medical malpractice lawyer to file a lawsuit against a medical professional, legal experts can greatly increase your likelihood of proving your case.

Here at Lunsford, Baskin, and Priebe, PLLC, we’ve assisted many Mississippi residents with medical malpractice cases including lawsuits involving misdiagnosis. We’ll work to help you prove your claim, and we’ll do everything we can to maximize the amount of compensation you’ll receive for your injuries or illness. Call our Jackson office at 601-983-2667, or you can click here to schedule a free case evaluation. 

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Can Loud Noise at Work Affect My Health? https://www.lunsfordbaskin.com/can-loud-noise-at-work-affect-my-health/ Thu, 12 May 2022 05:26:47 +0000 https://www.lunsfordbaskin.com/?p=3113 Read More »]]> Millions of people go to work every day unaware of the health hazards they are exposed to. When most people think of workplace hazards, they imagine heavy machinery, dangerous lifting, or some kind of physical damage to the bones, muscles, or soft tissue. However, one critical health risk that people unknowingly expose themselves to at work is occupational hearing loss. According to the National Institute of Occupational Safety and Health, 32 million workers are exposed to loud noises at work or ototoxic chemicals every year, accounting for 24% of hearing loss among U.S. workers.

In this blog, we discuss how loud noise at work can affect your health in other ways, as well as some signs to look out for that may be an indicator of hearing loss.

Hearing Hazards

It should come as no surprise that working around loud, heavy machinery is a hazard to your hearing. Construction equipment noises and metal grinding on metal are fairly obvious examples of hazardous workplace noises. There are more dangers to be aware of than loud noises, however. Many people are unaware of ototoxic chemicals and the dangers of the damage they can cause. Ototoxic chemicals are specific chemicals or solvents that are known to be toxic to our biological hearing systems.

Some common examples of ototoxic chemicals include:

  • Noxious gases like carbon monoxide and hydrogen cyanide
  • Metals such as tin, lead, and mercury
  • Solvents such as styrene, trichloroethylene, and toluene
  • Some pharmaceuticals such as antineoplastic agents

Be Aware of Noise Levels at Work

For people who are accustomed to working in construction or other environments that are typically noisy, it can be easy for the dangers to go unnoticed. If you need to raise your voice to speak to someone who is only 3 feet away, the noise levels may be above 85 decibels. According to OSHA standards, a hearing conservation program must be implemented by employers if noise levels meet or exceed 85 decibels averaged over an 8 time-weighted hour period. The key takeaway of this phrase is “averaged”, as it does not mean you must be exposed to 8 hours of continuous loud noise. 

Rather, if you are exposed to two hours of noise exceeding 100 decibels (comparable to a motorcycle engine firing at close range) in an otherwise quiet work environment, you still will have met the 8-hour limit.

The time limits for loud noises are as follows:

  • 90 decibels – 8 hours of exposure
  • 92 decibels – 6 hours of exposure
  • 95 decibels – 3 hours of exposure
  • 100 decibels – 2 hours of exposure
  • 102 decibels – 1.5 hours of exposure
  • 105 decibels – 1 hour of exposure
  • 110 decibels – <15 minutes of exposure

Additionally, it’s important to be aware of the warning signs of hearing damage.

Some symptoms to look out for when you work in a noisy environment include:

  • Hearing ringing or humming in your ears when you leave work
  • Having to shout to speak to coworkers who are an arms-length away
  • Experiencing a temporary loss of hearing after leaving work

Additional Health Hazards

Noisy workplaces pose more risks to your health than just hearing loss, however. According to a study conducted by the University of British Columbia and published in the Journal of Occupational and Environmental Medicine, people who work in noisy environments have a higher risk of chest pain, heart attacks, heart disease, and high blood pressure due to the psychological stress of working in a loud environment. In fact, according to the study’s findings, those who were exposed to loud noise at work were almost twice as likely to have above-normal diastolic blood pressure, which is linked to hypertension and other cardiac problems.

Contact a Louisiana Workers’ Comp Lawyer Today!

Hearing loss is a serious matter and can pose serious risks to your health when exposed over long periods of time. You shouldn’t have to worry about your finances while you recover from a workplace injury such as hearing damage, so let us help you. We have the experience needed to fight these insurance companies in court, and we want you to receive the compensation you deserve.

For expert workers’ compensation support in Louisiana, contact Lunsford, Baskin, and Priebe, PLLC. Our attorneys specialize in workers’ compensation, and we have years of experience helping Louisianans receive the workers’ compensation they deserved. Call our office at 504-788-2994, or schedule a free case evaluation by clicking here.

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Louisiana Excavation and Trench Accident Injuries https://www.lunsfordbaskin.com/louisiana-excavation-and-trench-accident-injuries/ Mon, 02 May 2022 09:00:57 +0000 https://www.lunsfordbaskin.com/?p=3076 Read More »]]> Excavation and trench accidents are highly preventable, but many of these accidents have injured and even killed employees. According to the Occupational Safety and Health Administration (OSHA), hundreds of injuries and dozens of fatalities occur every year due to trench collapses and excavation accidents, making them one of the deadliest accidents that can occur on construction sites. 

If you suffer from an excavation or trench injury while working, you have every right to recover workers’ compensation in Louisiana. In this blog, we discuss common injuries that occur from trench and excavation accidents, how construction crews can prevent these accidents, and the workers’ compensation benefits you can receive if you’re injured on the job. 

Injuries Caused By Trench and Excavation Accidents in Louisiana

Employees can suffer from serious or even fatal injuries if their employers don’t take proper safety precautions on their trench or excavation sites. Common injuries that occur due to excavation and trench accidents include:

Injuries associated with trench and excavation accidents often occur due to preventable safety mistakes, such as falls, cave-ins, faulty or dangerous equipment, and falling loads. 

Additionally, fatal injuries can occur due to trench collapses and accidents at excavation sites. These include: 

  • Fatal crush injuries: A cave-in or trench collapse can fatally crush an employee.
  • Asphyxiation: After a trench collapse, an employee can suffer asphyxiation due to a lack of oxygen access.
  • Poisoning: Excavation accidents and trench collapses can lead to employees inhaling toxic fumes. 
  • Burns: Excavation accidents can set off a chain of events that leads to explosives unintentionally combusting.
  • Drowning: If the excavation site involves water, employees could drown if there’s a trench collapse or accident. 

Preventing Louisiana Trench and Excavation Accidents

Employers and managers need to take certain actions to ensure the safety of their employees. Take the following precautions at trench and excavation sites:

  • Prepare the site: Construction companies need to survey a site both before and during an excavation project. They need to enlist the expertise of someone who can perform soil analysis to prevent collapses.
  • Place the equipment properly: One reason why excavation and trench accidents occur is that construction crews and companies place equipment too close to the trench itself. Employers and managers need to ensure that they place work equipment in the proper place to avoid injuries.  
  • Prevent cave-ins: When preparing an excavation site, crews need to implement precautions to prevent cave-ins by building supports on trench walls, using trench boxes against trench walls, and sloping trench walls to reduce the likelihood of a collapse. 
  • Implement all necessary safety precautions: Before workers enter a site, employers must ensure that they test oxygen levels and check for toxic chemicals.
  • Ensure exits are accessible and safe: Construction crews working in trenches usually use ramps to enter and exit a trench safely. Employers need to ensure the trench’s access points are properly maintained to avoid accidents, such as falling in a trench.

Recovering Workers’ Compensation After a Louisiana Trench Collapse or Excavation Accident

If you suffer from an injury while working in a trench or on an excavation site, you have the right to seek workers’ compensation. Workers’ compensation is a type of insurance employers acquire to pay for employees’ medical bills and lost wages when they sustain an injury or develop an illness while on the job. 

After suffering from an accident, you should be able to recover compensation for all of your expenses related to your injuries, including medical bills, surgeries, physical therapy, in-home care, and more. You should also be able to recover ⅔ of your pre-injury earnings while you’re away from work. If your injuries permanently disable you, you may qualify for permanent disability benefits. 

Workers’ compensation is a no-fault system, meaning that you do not need to prove that your employer or another employee acted negligently in order to recover compensation. Also, you can still recover workers’ compensation benefits even if you were at fault for your own injury on the job. 

Contact a Louisiana Excavation and Trench Collapse Attorney

Although recovering workers’ compensation after a trench or excavation accident should be a straightforward process, many workers struggle to recover the full benefits they deserve for injuries. Employers and their insurance companies frequently engage in practices intended to underpay or deny employee benefits. For example, companies will often encourage employees to see workers’ compensation doctors. Unfortunately, these doctors can under-evaluate the severity of an employee’s injuries in order to save insurance companies money.

If you’re having trouble recovering the full workers’ compensation benefits you deserve after an injury, you need to contact a Louisiana workers’ compensation attorney to assist you with your claim. Here at Lunsford, Baskin, and Priebe, PLLC, we have years of experience assisting Louisiana residents with workers’ compensation claims, including injuries that occurred due to trench collapses and excavation accidents. Call our New Orleans office today at 504-788-2994, or you can schedule a free case evaluation here.  

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Broken Bone Injuries and Workers Compensation https://www.lunsfordbaskin.com/broken-bone-injuries-and-workers-compensation/ Fri, 04 Mar 2022 17:11:15 +0000 https://www.lunsfordbaskin.com/?p=2779 Read More »]]> Unfortunately, broken bones are common, and the average person will experience two of them in his or her lifetime. That works out to 6.8 million Americans who suffer a broken bone each year.  In case you are wondering, a fracture is the same as a break, so we’ll use the terms interchangeably. Although some people may believe that broken bones are inconsequential and simply involve a cast that can be signed by friends, they actually can be extremely serious, leading to a considerable amount of time off of work and possible future complications.

A fracture (break in the bone) can be classified as simple, where the skin is not broken, or compound (when the bone pokes through the skin). They are sometimes also called closed or open. Within those two types of fractures, there are many common types:

  • Greenstick: This happens when the break goes only halfway through the bone and is more common with children than with adults
  • Transverse: The break goes across the bone in a straight line
  • Spiral: The break twists around the bone
  • Oblique: The bone is broken in a diagonal line
  • Compression: This happens when the bone is crushed, for example, in a vehicle accident or by heavy machinery
  • Comminuted: This is like the compression fracture, but instead of simply being crushed or flattened, the bone is shattered into many different pieces
  • Segmental: One bone is broken in two different places, leaving a piece of untethered bone in the middle

The top three ways bones are broken at work:

An NIH report found that orthopedic (bone) surgeons were the most frequently consulted specialists out of all emergency room visits prompted by work-related injuries in 2018.

  1. Slips, trips, and falls:
    As you can imagine, slips and falls are responsible for many broken bones in the workplace. According to the CDC, 27% of all workplace injuries that resulted in time away from work in 2019 were the result of slips and falls. A fall can be particularly dangerous when it occurs from a significant height, such as from a ladder or scaffolding. Fully 65% of all workers in the construction industry work on scaffolds, but of course, many industries use scaffolding for various purposes.
  2. Contact with equipment or objects:
    In 2019, 229,410 injuries that resulted in time away from work occurred because of contact with objects and equipment, according to the U.S. Bureau of Labor Statistics. Falling objects can easily crush a body part.
  3. Overexertion:
    Repetitive movements, like working on an assembly line, can place stress on your body that can lead to a fracture. This can be complicated by improper lifting technique, fatigue, using the wrong safety gear, or simple overuse. These types of fractures may develop slowly, over a period of time.

Recovery:

Every fracture varies in severity, but on average, a broken bone will heal in 6-8 weeks. This is provided that there aren’t any complications, and of course, there are often complications. For example:

  • You may have damaged ligaments, joints, and nerves in your injury.
  • You may need to be in traction and have pulleys and weights align the bones so that they can heal.
  • You may need surgery that involves the placing of plates, screws, or frames to hold your bones together so that they heal correctly.
  • You will probably need physical therapy to regain mobility and ease of motion.

All of these scenarios involve discomfort at the very least, but more probably – pain. You will also be required to follow your doctor’s orders and work hard at your physical therapy. You could be left unable to work for months, and in severe cases, you may have complications that last a lifetime.

What should you do?

Employers and their workers’ compensation insurers have certain legal responsibilities when it comes to employees who are injured on the job. Workers’ comp should pay for all costs that are reasonable and necessary to treat your fracture and achieve maximum cure.

At Lunsford, Baskin, and Priebe, PLLC, we are experienced in the ways that the process can go wrong. If the workers’ compensation insurance carrier denies the optimal treatment for your fracture or refuses a referral for you to see an orthopedic surgeon or specialist, we can help. Our professional, dedicated team has years of experience practicing exclusively in the area of workers’ compensation law. We’ll take on the task of making sure you get your benefits promptly and that you are fully paid, including appealing claim denials if necessary. We will also make sure that any work restrictions are followed when you return to your job.

For help with a Mississippi workers’ compensation claim, call the Jackson workers’ compensation lawyers at Lunsford, Baskin, & Priebe, PLLC for a free consultation at 601-488-3975.

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Common Injuries Truck Drivers Experience https://www.lunsfordbaskin.com/common-injuries-truck-drivers-experience/ Thu, 27 Jan 2022 16:10:48 +0000 https://www.lunsfordbaskin.com/?p=2588 Read More »]]> The freight industry is one of the largest industries in America. Every year, the trucking industry specifically brings in billions of dollars of revenue. For this reason, many individuals take up trucking as a career to boost their income potential.

However, the life of a truck driver is not always easy. Aside from countless hours spent sitting behind the wheel, it is also strenuous work to load and unload cargo—and driving a large commercial vehicle is quite dangerous and can lead to tragic traffic accidents. Due to these conditions, it is common for truck drivers to sustain numerous types of injuries.

Unfortunately, not all truck drivers are eligible for workers’ compensation to cover the cost of injury-related medical expenses and wages that they miss out on while recovering. Workers’ comp coverage depends on what type of worker you are considered, such as an employee or an independent contractor.

If you have questions about workers’ compensation eligibility, you should consult with a local attorney in your area. Workers’ compensation benefits and coverage can vary from state to state. A local Mississippi or Louisiana workers’ comp attorney can help you review your individual policy to determine if you are eligible to file a claim.

Filing for Workers’ Compensation as a Truck Driver

Again, workers’ compensation coverage will typically depend on what type of worker you are. Generally, employers with a certain number of employees must provide workers’ compensation benefits for their drivers in Mississippi and Louisiana. So, if you drive as an official employee for a trucking company, it is likely that you are covered.

However, if you are an independent contractor or an owner-operator, you would likely not be covered under any workers’ compensation policy. If you are a fleet owner yourself, you may be required to pay for a workers’ compensation insurance policy depending on how many drivers you have under your employ.

It’s also important to note that even if you are an official employee, it is not uncommon for employers to misclassify their drivers to avoid paying for a workers’ compensation insurance policy. If you have any concerns or questions about coverage, get in touch with a worker’s compensation attorney.

What Are The Most Common Injuries Truck Drivers Sustain?

Workers’ compensation claims are prevalent in the trucking industry due to the nature of this type of work. The type of injuries that are sustained can also vary significantly from one situation to the next. However, if you are eligible for compensation, you should be able to receive benefits no matter what type of injury you sustain, so long as it is a result of work performed on the job.

Below are some of the more common injuries seen reported on workers’ compensation claims. But again, the injuries can vary depending on the individual circumstances. If an accident were to occur while driving, for example, the injuries can be more severe than what is listed below. Traffic accidents involving large trucks are known to cause serious injuries, such as head and brain trauma, lacerations, internal damage, and more.

1. Back Strain

Back strains are prevalent in truck drivers because of all the sitting, as well as loading and unloading cargo. Sitting for hours puts a lot of stress on the lower back and hips, which can easily lead to a back strain or sprain. If proper support gear is not worn or heavy cargo is not lifted correctly, you can also strain or throw out your back while dealing with shipments.

2. Carpal Tunnel and Tendinitis

Having your hands and arms in one positing for an extended period, such as holding onto a steering wheel, can also lead to tendinitis and carpal tunnel syndrome. Carpal tunnel and tendinitis can affect many areas of the body, but it is most commonly seen in the fingers, hands, wrists, and elbows of truck drivers.

3. Repetitive Stress and Strain Injuries

Other areas of the body can become strained when you perform the same motions over and over again for your job, which is common in the trucking industry. Overexertion or overuse of a muscle or part of the body can lead to a strain, especially if you don’t take proper care of your body and stretch after sitting for long periods of time behind the wheel.

5. Broken Bones

Fractures or broken bones are also common injuries for truck drivers who deal with heavy and dangerous cargo. If safety precautions are not adhered to, cargo can fall or come loose while you are loading or unloading at a dock. Or, you could slip and fall, which can cause a bone to fracture or break. Broken bones also happen often when traffic accidents occur.

Connect with an Experienced Mississippi and Louisiana Workers’ Compensation Attorney

If you are injured on the job, whether it is the result of an accident or a repetitive stress injury from sitting behind the wheel for long hours, you may be eligible to receive workers’ compensation benefits. These benefits can cover medical expenses and a portion of your wages that you may miss out on while recovering from your injury.

Unfortunately, not all truck drivers are covered under a workers’ compensation policy, so it’s important to talk to your employer or with an experienced attorney to determine your eligibility. If your employer denies your benefits, but you believe you are eligible, contact an attorney right away.

For a free consultation with an experienced workers’ compensation lawyer in Mississippi or Louisiana, contact Lunsford, Baskin, and Priebe, PLLC. After-hours visits are available.

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Delayed Symptoms of Workplace Injuries https://www.lunsfordbaskin.com/delayed-symptoms-of-workplace-injuries/ Wed, 26 Jan 2022 15:55:31 +0000 https://www.lunsfordbaskin.com/?p=2590 Read More »]]> Workers’ compensation is a no-fault system available to eligible workers who have been injured on the job. However, there is a time limit on filing a workers’ compensation claim. Unfortunately, the symptoms of some injuries are not always immediately apparent, which can lead to workers waiting until it’s too late to file a claim.

Delaying treatment for some injuries can also have severe consequences. Not only will you potentially miss out on workers’ compensation benefits, but you can also put your health at risk. Even if you feel fine initially, it’s crucial for workers to seek immediate medical care to verify whether there is an injury or not.

If you have questions or concerns about workers’ compensation claims, the experts at Lunsford, Baskin, and Priebe, PLLC, can help. We assist workers across Mississippi and Louisiana, ensuring their claims are filed in time to receive the benefits they need to cover medical expenses and loss of wages.

Common Workplace Injuries With Delayed Symptoms

The injuries you sustain in a workplace incident can vary greatly depending on the circumstances. However, there are some injuries that are more common than others that are reported more often. Below are some of these injuries and their delayed symptoms:

Traumatic Brain Injury

Slip and fall accidents are common in the workplace, and a common result of these incidents are head and brain injuries. Traumatic brain injuries can encompass a number of different types of brain injuries, such as concussions, hematomas, and contusions. Unfortunately, brain injuries are not typically visible from the outside and often have delayed symptoms. If not immediately treated, however, brain injuries can get much worse and lead to complications.

Some delayed or immediate symptoms of traumatic brain injuries can include:

  • Drowsiness
  • Dizziness
  • Confusion
  • Headaches
  • Loss of consciousness
  • Sensitivity to light and sound
  • Mood changes and irritability
  • Slowed response times

Back Injuries

Falls or improper lifting of heavy objects can also lead to back injuries, which are highly common in the workplace. If you tweak or throw out your back, the symptoms often won’t show up until the following day. Though some back strains can be very mild, others can worsen with time if you don’t rest or treat them properly.

Some delayed symptoms of back injuries to look out for include:

  • Pain that worsens with movement
  • Parts of the back that are tender or sore when you touch them
  • Stiffness and limited mobility
  • Muscle spasms
  • Difficulty standing straight
  • Swelling
  • Bruising
  • Pain that radiates into the hips and down the legs

Internal Damage

If you suffer internal damage from an injury, there may not be any outward signs that are immediately apparent. However, internal injuries can be quite severe and can lead to internal bleeding if not treated right away. Hitting your body against a machine, having objects fall on you, or slipping and falling against the ground are all incidents that can cause internal damage.

Some symptoms that may be delayed include:

  • Dizziness
  • Weakness
  • Fatigue
  • Nausea
  • Vomiting blood
  • Headaches
  • Stomach pain
  • Changes in bowels
  • Bruising and swelling of the abdomen
  • Fainting

The Dangers of Delaying Treatment After a Workplace Injury

If you are involved in a workplace accident but refuse medical care, it can negatively affect your workers’ compensation claim and your health and wellbeing. In Mississippi and Louisiana, you have 30 days to file a workers’ compensation claim. If you fail to do so in this time, you will not be eligible to receive benefits.

Unfortunately, it is not uncommon for workers to delay filing a claim due to delayed symptoms from injuries they were not aware of. In other cases, workers may delay seeking treatment because they are worried about the cost. But a workers’ compensation claim filed on time can help cover the cost of medical expenses and missed wages if you have to take time off work while recovering.

So it’s important to seek immediate medical attention to get evaluated. This will give you a better idea of the extent of your injuries and what type of benefits you will need. Delaying treatment is also crucial to ensuring your health and safety. If you return to work while injured, it can put you at risk of getting into another accident and worsening the injury you already have. Some injuries that are not treated right away can lead to severe complications and even death.

Connect with an Experienced Mississippi and Louisiana Workers’ Compensation Attorney

If you are injured on the job, you should always seek immediate medical attention—even if you feel fine initially. You never know what type of injury you may have sustained, and waiting to get treated could worsen your injury and affect your workers’ compensation claim.

If you have questions about a workplace incident and what you should do, consult with a local workers’ compensation attorney. They can offer you guidance and support and help you determine the best course of action to ensure you get the benefits you need to cover your medical expenses and lost wages.

For a free consultation with an experienced workers’ compensation lawyer in Mississippi or Louisiana, contact Lunsford, Baskin, and Priebe, PLLC. After-hours visits are available.

 

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Most Dangerous Intersections and Roads in Mississippi https://www.lunsfordbaskin.com/most-dangerous-intersections-and-roads-in-mississippi/ Mon, 24 Jan 2022 14:50:05 +0000 https://www.lunsfordbaskin.com/?p=2565 Read More »]]> Although there are many reasons to love living in Mississippi, dangerous roads are not one of them. Unfortunately, Mississippi is the deadliest state for drivers. Statistically, Mississippi has the highest traffic fatality rate in the nation. There are an estimated 22.9 traffic fatalities for every 100,000 Mississippians.

The news site Mississippi Today stated that Mississippi residents have a higher likelihood of engaging in unsafe driving behaviors than residents of other states. Some of these behaviors include driving without a seatbelt, speeding, texting at the wheel, and driving under the influence of alcohol.

You need to ensure that you drive as safely as possible to protect yourself and others on the road, and there are certain intersections and roads where you should drive extra carefully.

Factors Increasing Road and Intersection Dangers in Mississippi

Many different contributing factors can make a road or intersection incredibly dangerous for drivers and their passengers.

One major problem on many Mississippi roads is maintenance. Some roads contain debris and potholes that can cause or contribute to serious accidents. The debris or pothole could puncture your tire or make you lose control over your vehicle. Additionally, drivers often take dangerous sudden maneuvers to avoid road debris and potholes. They might enter the wrong lane in an attempt to evade hazards and cause a serious head-on collision as a result.

Work zones and construction areas are also often highly dangerous if drivers don’t operate their vehicles with caution. These roads may contain uneven lanes as well as construction equipment and workers. You need to drive slowly when entering a construction zone to ensure your safety and the safety of workers who may be present.

Drivers can find it challenging to correctly navigate multi-directional intersections, which leads to collisions. Sometimes these intersections include signage that may confuse drivers, causing them to enter an intersection when it’s not their turn and cause an accident.

Some areas of Mississippi also struggle with traffic signal outages, which can be highly dangerous. Many drivers are unaware of how to navigate an intersection safely when traffic signals are down. When the signals are out at an intersection, you’re supposed to treat it like a stop sign, so you need to pay attention to the order in which vehicles approach the intersection.

What Are the Deadliest Roads in Mississippi?

There are many deadly roads across Mississippi. The following roads have a high fatality rate:

  • I-10: Around 80 deaths occur on this interstate every year, and the interstate even has a death rate of .7 deaths per mile. The majority of traffic accidents that occur on I-10 happen in Jackson County.
  • I-20: Interstate 20 features twisty and narrow sections. Additionally, visibility is limited because of vegetation. It has .57 deaths per mile.
  • I-55: This interstate passes through many rural and urban areas, and many commercial vehicles take it. Unfortunately, it also features many drunk drivers and dangerous bridges.
  • I-59: Interstate 59 mainly passes through rural areas. It has a death rate of .47 per mile, and it’s especially dangerous around mile marker 96, where there’s a deadly S-curve.
  • US-61: This highway has around twelve road fatalities per year.

What Are the Most Dangerous Intersections in Mississippi?

The State Farm Danger Index indicates that these are the most dangerous intersections in Mississippi:

  • Airways Boulevard and Goodman Road: 85 accidents have occurred at this Southaven intersection. Accidents often result from drivers speeding and tailgating, leading to rear-end accidents at the intersection.
  • S. Highway 49 and Community Road: This Gulfport intersection has had around 70 crashes. Many of the accidents occurred because of errors when drivers turned left, and some of the accidents were caused by drunk drivers.
  • S. Highway 49 and Creosote Road: This intersection features many nearby distractions, such as gas stations, hotels, and other places to stop. Almost 100 vehicles have crashed at this intersection in Gulfport, and many were caused by negligent drivers running red lights.
  • S. Highway 51 and Goodman Road: Around 200 accidents have occurred at this Horn Lakes intersection, many of which resulted from drivers failing to yield when turning right.
  • S. Highway 98 and Westover Drive: This Hattiesburg intersection contains numerous lanes, leading to driver confusion. Drivers often cause accidents when changing lanes. Around 70 drivers have wrecked at this intersection.

Contact a Mississippi Car Accident Lawyer

If you are injured in a car accident on one of Mississippi’s dangerous roads or intersections, you could suffer from serious injuries, resulting in costly medical bills. You may need to also take time away from work in order to recover. In the event that you suffer from an accident caused by another driver’s negligence, you shouldn’t have to pay for your expensive medical treatments and lost wages.

With proper legal support, you can hold the negligent driver accountable and recover compensation for vehicle damages, medical bills, lost wages, pain and suffering, emotional trauma, and more. For an expert Mississippi car accident lawyer, contact Lunsford, Baskin, and Priebe, PLLC. Our attorneys have years of experience assisting injured Mississippians with their claims. Call our Jackson office at 601-488-3975, or schedule a free case evaluation here.

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What You Need to Know About Slips, Trips, and Falls in the Workplace https://www.lunsfordbaskin.com/what-you-need-to-know-about-slips-trips-and-falls-in-the-workplace/ Wed, 19 Jan 2022 14:36:56 +0000 https://www.lunsfordbaskin.com/?p=2533 Read More »]]> Slip, trip, and fall injuries can happen anywhere, so it’s no surprise that these injuries often occur while at work. Every year, there are almost $70 billion in workers’ compensation claims and expenses associated with slip, trip, and fall injuries. Additionally, one-third of workplace injuries occur from falls, and they’re one of the main reasons why an injured employee may take time off of work.

Slip, trip, and fall injuries are very common, so you need to know what to do if you personally experience this type of injury, and you need to know what workers’ compensation benefits you could be entitled to.

What Should I Do If I Slip, Trip, or Fall at My Work?

Slip, trip, and fall injuries usually result from wet or unclean floors, floor obstacles, and multi-level floors. If you fall while at work, you need to:

  • Seek immediate medical attention: You need to receive medical attention as soon as possible after your injury. Even if your injury doesn’t seem serious, you still need to receive medical attention because you could have delayed onset injuries. Additionally, delaying your medical treatment could also hurt your chances of receiving full compensation from a workers’ compensation insurance company. If you delay treatment, the insurance company may claim that your injuries weren’t serious and underpay or deny your claim.
  • Tell your employer about the injury: After receiving initial medical treatment, you need to inform your employer about your injury. You should include the details about what caused your slip, trip, or fall accident, your injuries, and your symptoms. Failing to report your injury to your employer promptly can hurt your claim.
  • File a workers’ compensation claim: Once you inform your employer about your injuries, you should receive forms to submit a workers’ compensation claim. In Louisiana, employees have one year to file for workers’ compensation after an injury, but you could hurt your claim by delaying, so you should file as soon as possible.
  • Contact a workers’ compensation lawyer: Although receiving workers’ compensation should be a painless process, employers and workers’ compensation insurance companies often make it challenging for injured employees to receive the full compensation they deserve. If they underpay or deny your claim, you need a workers’ compensation attorney to help you receive full benefits.

Will I Qualify for Workers’ Compensation?

If your slip, trip, and fall injuries occurred because of a work task or you were following instructions from your employer or supervisor, you should qualify for workers’ compensation. Workers’ compensation is a no-fault system, so even if you can’t prove that someone was negligent for your injury, you still qualify for workers’ compensation benefits.

Unfortunately, there are cases in which employees may be unable to recover compensation for slip, trip, and fall injuries. If you were at work but you weren’t performing a work task at the time of your injury, you may not receive benefits. For example, if you slipped and fell while on your lunch break, you may have difficulty receiving workers’ compensation. Additionally, if you were fighting or horsing around with another employee at the time of your injury, you may not qualify for workers’ compensation.

What Benefits Will I Receive Through Workers’ Compensation?

Workers’ compensation supplies injured employees with money for medical bills and lost wages. Wage loss benefits could be temporary or permanent, and an employee could recover supplemental earning benefits if they return to work and they’re unable to make as much money as their pre-injury earnings. If someone receives supplemental earning benefits or disability benefits, they will receive ⅔ of their pre-injury wages. For example, if someone qualifies for total temporary disability benefits and they made $800 a week before their injury, they would receive around $533.33 in disability benefits. If they receive supplemental earning benefits, they would receive ⅔ of the difference between their pre-injury wages and what they earn currently. For example, if their pre-injury earnings were $800 a week and they now only make $600, they would receive ⅔ of the difference. The difference is $200, so they would receive around $133.34 in supplemental earning benefits.

Although workers’ compensation only covers medical bills and lost wages, you could receive additional damages if you can prove that your injury resulted from someone’s negligence. If you can prove fault, you could recover damages for medical bills, lost wages, pain and suffering, emotional trauma, and more.

Contact a Louisiana Workers’ Compensation Attorney

Receiving the compensation you deserve for your slip, trip, and fall injuries can be challenging. Your employer or their workers’ compensation insurance company may try to claim that your injuries weren’t serious or you weren’t performing a work task at the time of your injury. To ensure that you receive the full compensation you need for medical bills and lost wages, contact a workers’ compensation lawyer.

The workers’ compensation lawyers at Lunsford, Baskin, & Priebe, PLLC have years of experience assisting injured Louisianians with workers’ compensation claims. We specialize in workers’ compensation claims, and our expert knowledge and experience will help maximize the amount you can receive for your injuries. Call our New Orleans office at 504-788-2994 or click here to schedule a free case evaluation.

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Common Types of Factory Accidents https://www.lunsfordbaskin.com/common-types-of-factory-accidents/ Thu, 06 Jan 2022 15:19:33 +0000 https://www.lunsfordbaskin.com/?p=2502 Read More »]]> Factory work is labor-intensive and can be quite dangerous. Workers in these kinds of industrial settings are exposed to a number of hazardous materials and dangerous equipment on a daily basis. According to the Department of Labor, 5,333 workers died on the job in 2019. Though not all of those who died were factory workers, industrial laborers do make up a high number of those who are injured and suffer fatalities every year.

If you become ill or injured due to a workplace incident, you have a right to file a workers’ compensation claim to receive benefits. Workers’ comp is available to eligible workers, regardless of who was at fault. If you have questions or concerns about a workplace injury and benefits available to you, contact the Louisiana workers’ compensation attorneys at Lunsford, Baskin, and Priebe, PLLC.

Common Accidents That Occur in Industrial Factory Settings

Injuries and accidents in factory workplaces can happen for any number of reasons. Though employers and their workers have safety protocols to follow, sometimes things still happen—industrial factories are naturally dangerous settings. In some cases, there could be no one at fault, or in other situations, it could be due to employee or employer negligence. Luckily, workers’ compensation is available to workers without the need to prove fault.

Some of the most common accidents that occur in factories include:

Slips and Falls

Falls are one of the most common causes of injury in the workplace, especially in factories. Workers can slip and fall on spilled materials, liquids, and oils or trip and fall over objects lying around. It is also common for workers to fall from ladders or other elevated surfaces in industrial settings.

Machinery and Equipment Accidents

The use of heavy machinery and equipment is prevalent in industrial workplaces. These pieces of equipment and machinery can be very dangerous to work with and can cause devastating injuries if workers aren’t careful. You can get caught in machinery, or equipment such as forklifts can run over or fall on top of workers.

Overexertion

Overexertion accidents and injuries are common due to the labor-intensive nature of factory work. If workers are not properly trained to lift heavy objects or if they have been working long hours and are fatigued, they can easily strain and overexert themselves.

Falling Objects

Factories can be very busy and chaotic, with many objects being moved about, such as cargo shipments and inventory. If items are not handled or secured properly, they can fall and strike or even crush workers that are in the vicinity.

Hazardous Material Exposure

While exposure to chemical substances might seem odd for an industrial setting, it’s not. Factory workers handle various types of cargo and items, including those that contain toxic materials. When these objects break open and spill, they expose workers to harmful fumes, and if the chemicals come into contact with their skin, they can burn them. Some of these materials are also flammable and can cause explosions that can do even more harm.

Connect with an Experienced Louisiana Workers’ Compensation Attorney

If you are injured as a factory worker, our team of experienced workers’ compensation attorneys can help. Filing a claim for workers’ comp benefits can be challenging. In some cases, your claim may even get denied. An attorney can help you file any initial paperwork or an appeal if necessary to ensure you get the benefits you deserve to help cover the cost of medical expenses and lost wages while you recover.

For a free consultation with an experienced workers’ compensation lawyer in Louisiana, contact Lunsford, Baskin, and Priebe, PLLC. After-hours visits are available.

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Warehouse Worker Injuries https://www.lunsfordbaskin.com/warehouse-worker-injuries/ Tue, 04 Jan 2022 22:18:07 +0000 https://www.lunsfordbaskin.com/?p=2499 Read More »]]> Warehouse workers perform a variety of tasks on a daily basis. Generally, these types of workers are considered laborers, and they primarily perform tasks related to stock and inventory. This can include loading and unloading shipments, moving items around the warehouse, managing inventory, labeling and packaging items, breaking down bulk materials, and operating heavy machinery such as forklifts to handle and move objects.

Warehouse work is labor-intensive and thus often results in a high number of workplace injuries. According to the Bureau of Labor Statistics (BLS), laborers handling freight, stock, and materials in warehouses were among the top ten most injured types of workers in 2020. Reports show a rate of around 300 incidents per 10,000 workers from 2019 to 2020, which comes out to a significantly high rate of incidents when you consider the 3.4 million who are employed as warehouse workers in the U.S.

If you are injured in a warehouse incident, you may be eligible to receive workers’ compensation for your injuries. Mississippi workers who are eligible can receive benefits that can help them cover the cost of medical expenses and lost wages related to their workplace injury or illness. However, filing for workers’ compensation is not always easy. If you have questions or concerns, you should contact an experienced Mississippi workers’ compensation attorney who can help guide you through the process to ensure full benefits are paid.

Common Warehouse Accidents and Injuries

Warehouse work is strenuous, and workers can come into contact with dangerous equipment, materials, and other hazards daily. Often, accidents in this type of environment occur due to poor workplace safety, insufficient supervision and training, and fatigue from long hours of physical labor. Even when safety standards are followed, accidents still happen.

Some of the most common warehouse related accidents and injuries include the following:

1. Falls

Slips, trips, and falls are very common in warehouse settings. Workers can easily fall from elevated surfaces such as loading docks or ladders. It is also common for workers to trip over materials that are lying about or to slip and fall on spilled materials such as liquids or oils.

2. Forklift Accidents

Warehouse workers use forklifts to move heavy materials around the warehouse. If the operator is not careful, they can run over other workers, or items can fall off of the forklift and crush workers nearby. It is also common for forklifts to overturn and fall on top of workers, resulting in severe injuries and death.

3. Overexertion

As previously mentioned, warehouse work is very labor-intensive. Combine the physical labor with long working hours, and you end up with a significant number of overexertion injuries. The back, knees, and shoulders are all common areas that get overworked, and over time, the stress placed on these parts of the body can lead to injury.

4. Blunt Force Trauma

With so much going on and so many things being moved about, it is common for workers to run into objects or be struck by falling objects, leading to blunt force trauma or even crush injuries. When a worker runs into an object or if an object such as a pallet falls and hits a worker, they can suffer from contusions, puncture wounds, lacerations, and crushed limbs. If an object strikes a worker’s head, they can suffer from a traumatic brain injury which can be quite severe and even fatal.

5. Hazardous Material Exposure

Shipments and items containing hazardous materials can break open and spill, exposing workers to noxious chemicals. Short-term, direct exposure can cause chemical burns, headaches, eye injuries, and convulsions. Long-term exposure can cause organ damage and even cause cancer.

Connect with an Experienced Mississippi Workers’ Compensation Attorney

Warehouse work is labor-intensive and puts workers at high risk for injury or illness. If you or a loved one are injured or become sick due to warehouse-related work, you may be eligible for workers’ compensation benefits. These benefits can help you cover the cost of medical expenses and lost wages while you recover from your injuries.

Filing for workers’ compensation, however, is not always an easy process. In some cases, your claim may get denied, or you might not receive the full benefits that you deserve. If you suffer from a workplace injury and need help with your worker’s compensation claim, our team of experienced attorneys can help.

For a free consultation with an experienced workers’ compensation lawyer in Mississippi, contact Lunsford, Baskin, and Priebe, PLLC. After-hours visits are available.

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