Michigan Personal Injury Update

This is the first update on Michigan personal injury legal matters that I am posting to the Personal Injury Legal Matters blog.

I'm looking forward to blogging, hopefully with some frequency, on issues related to serious accidents and the impact that these accidents have on our clients.

Keep an eye out for new posts here.

Frequently Asked Questions about Michigan’s Workers’ Compensation Laws

Question: The injury that occurred was my employer's fault. Can I sue my employer for my pain and suffering?
Answer: Generally, Michigan law prohibits employees from suing their employers for damages, beyond the economic benefits provided by workers’ compensation. However, you may be able to take legal action against the manufacturer of a defective product or against an individual (other than a co-worker) who caused the injury. If you have questions about your potential legal claims, you should talk with a Michigan workers' compensation lawyer.

Question: I believe that my injury resulted from a violation of my civil rights. Can I sue my employer in this situation?
Answer: Perhaps you can. In the workers' compensation law, there are exceptions to the general rule that prevent an individual from seeking non-economic damages from an employer. One exception is a civil rights violation; another is an injury that directly results from an intentional act by the employer. If you feel that one of these exceptions applies to you, talk with a Michigan workers' compensation lawyer about your potential legal claims.

Question: I was injured while on my way into work. Am I eligible for workers’ compensation benefits?
Answer: Workers’ compensation usually does not apply to one who is traveling to and from the place of employment. However, once a worker is on the employer's property, workers’ compensation insurance may cover an injury.

It is important to note that employees who must travel to perform work assignments are covered by workers’ compensation benefits if they are hurt on the job. For example, a person who is injured after leaving the worksite to make a delivery or attend a meeting at another location may qualify for workers' compensation, because the trip was an essential part of his or her job assignment.

On the other hand, workers' compensation may not cover an injury, if the employee was hurt while making a side-trip to handle purely personal business. If you have questions about coverage in this situation, talk with a Michigan workers' compensation lawyer.

Question: My co-worker and I were goofing around when I was injured. Am I still entitled to make a claim for workers’ compensation benefits?
Answer: Michigan courts traditionally recognize that employees may engage in a certain amount of "horseplay." In most cases, this would still qualify an individual for workers’ compensation benefits. However, each case must be evaluated separately, based on the specific circumstances. A worker who engaged in serious willful or intentional misconduct may lose the right to workers compensation benefits.

Question: My employer offered me a different type of job, but I feel that it is beneath my previous pre-injury position. Do I have to accept the position?
Answer: Michigan workers' compensation law requires injured employees to accept a position offered by their own employers (or other employment sources), if the new job is within their qualifications and training, and any medical restrictions. When the new job pays less than the previous position, the worker should receive partial wage loss benefits, to cover part of the difference between the individual’s previous and current earnings.

A worker seriously risks any claim for continued workers’ compensation benefits by turning down the offer of a job that he or she is able to do. If you are not sure how to handle a job offer or your employer demands that you actively look for other work, consult an attorney immediately.

Question: What happens if I try to return to work in a job that is supposed to be within my medical restrictions, but cannot perform the job duties?
Answer: Under the law, it should be possible for you to resume receiving benefits. However, your employer may challenge whether you made a real effort to return to work. If this happens, and you truly are unable to work, you should talk with a Michigan workers' compensation lawyer immediately.

Question: Can I choose my own doctor when I am getting treatment for my work-related injury?
Answer: For the first 10 days after a work-related injury, the employer has the right to choose the treating doctor. However, after 10 days, the law allows you to select your own doctor and other medical care providers, as long as you select qualified medical professionals and notify your employer of your intentions.

If you or a loved one has suffered a workplace injury, it is important to talk with a Michigan workers' compensation lawyer with experience in Michigan worker's compensation law.

Dangerous Drug Alert – Heparin

Dangerous Drug Alert – Heparin

This is a special posting to alert you to a life-threatening defect in HEPARIN, a medication manufactured by Baxter International.

What is Heparin?

Heparin is a blood thinner that helps prevent blood clots. It is injected into the bloodstream of patients undergoing:

• Kidney dialysis
• Heart surgery
• Treatment for deep vein thrombosis or pulmonary emboli

What is the Danger?

Recently, medical professionals discovered that heparin manufactured by Baxter International was contaminated by a dangerous chemical. Hundreds of patients already suffered life-threatening reactions shortly after receiving the defective heparin. These severe reactions included:

• Drastic drop in blood pressure (refractory hypotension)
• Organ failure
• Organ damage
• Shock
• Death

Why Did the Defective Chemical Get Into Baxter Heparin?

Federal officials are actively investigating the reasons for the contamination. At a Congressional hearing on April 15, 2008, the FDA Commissioner testified that Baxter International imported the main ingredient in heparin from a China. Although this ingredient was supposed to come from pig intestines, Baxter's foreign supplier used a cheaper substance, which turned out to be toxic.

What Are Your Legal Rights?

If you or a loved one were administered heparin in 2007 or 2008 and suffered any of the severe reactions listed above, then you may have been the victim of defective Baxter heparin, we want to help protect your legal rights.

If you or a loved one were already injured by Baxter HEPARIN, you need to protect your legal rights. Please call us in confidence at 1-800-411-1498 to get a free legal consultation immediately.

Birth Injuries

Types of Birth Injuries

One of the many types birth injuries that can result from a mistake during delivery is known as shoulder dystocia or Erb's palsy. Shoulder dystocia or Erb's palsy may occur when an inexperienced or improperly trained physician damages a newborn's brachial plexus, a delicate part of the shoulder. The improper use of forceps or other negligent actions during delivery may cause this injury. Brachial plexus injury results in pain, a limited ability to move a hand and/or arm, or an inability to lift an arm above shoulder level.

Causes of Birth Injuries

Another cause of debilitating birth injury results from lack of oxygen to the brain during delivery. The lack of oxygen at this critical time can result from either an anoxic injury or a mechanical injury. An anoxic injury is caused by a reduced oxygen supply, respiratory obstruction, or inadequate respiratory movements during delivery.

Similar brain damage also can result from a mechanical injury or physical trauma during birth. A skull fracture is just one devastating consequence of this kind of trauma. The improper use of forceps, suction, or force to the baby's head can all result in this, or other types of mechanical injury.

Signs of Birth Injury

The signs that a fetus has a higher risk of birth injury include:

• A difficult and long labor
• Improper use of medication or other substances by the pregnant mother
• An abnormally large fetus
• Breech birth (buttocks first)

The risk increases if there is an unreasonably long delay in performing an emergency cesarean section. A pregnant woman with gestational diabetes also has an increased chance of complications at birth.

While estimates vary, it appears that between two to seven babies, out of every thousand births, will suffer birth injuries. Therefore, it is important to take every precaution to have a healthy delivery, by seeking out a competent obstetrician or pre-natal physician and carefully following his or her advice and instructions.

Why You Need a Lawyer

There are many reasons why you should consult with an attorney about your legal rights.

Peace of Mind
If your child has a birth injury, it may have been caused by medical malpractice. You owe it to your child and your family to see if the real cause of your child’s condition can be determined. A competent attorney will obtain all relevant medical records, review all documentation, and consult with leading medical experts to determine definitively whether a medical professional's negligence caused your child's condition.

The Lifelong Cost of Caring for Your Child
The cost of caring for a child who suffers from birth injuries can be financially catastrophic. A family can expect significant expenses throughout the child's lifetime, because the condition may not improve over time. This is an extreme hardship for most families, who are already struggling with the emotional circumstances created by the responsibility of caring for a severely injured child. If the child's condition is determined to be the fault of a hospital or physician, then there should be medical malpractice insurance in place to provide financial compensation for these costs.

Professional Legal Evaluation of Your Claim

Proving any type of medical malpractice case is a complicated process, and this is certainly true of a claim on behalf of a child with birth injury. It may take an attorney hundreds of hours to gather all of the documentation, make a determination, and file the appropriate claim on your child's behalf. You need a lawyer who is well versed in the complicated laws that govern these actions.

FAQ's About Motorcycle Accidents and Answers from Michigan Motorcycle Accident Lawyers

Question: At the time of my Michigan motorcycle accident, I did not have insurance on my motorcycle. Can I still sue the driver who hit me?

Answer: Yes. Michigan law treats motorcyclists differently than individuals driving their own cars without insurance. Thus, an injured motorcyclist, who did not have insurance on his or her bike, may bring a lawsuit against the careless driver who caused the Michigan motorcycle accident.

Question: What is Uninsured Motorist Coverage?

Answer: Uninsured Motorist Coverage is an insurance coverage option that may allow you to recover damages from your own insurance policy, when an at-fault driver did not have insurance or cannot be identified (i.e. hit and run driver). It is a wise idea to carry uninsured coverage, to protect yourself in case you are in this situation when you are in a Michigan motorcycle accident.

Question: Is there a difference between uninsured motorist coverage and underinsured motorist coverage?

Answer: Yes. Underinsured coverage provides an additional means of collecting damages, if you are seriously injured in an accident. It is different than uninsured coverage, which is available when there was no identifiable insurance on an at-fault vehicle. For example, if you carried a policy of $100,000 underinsured coverage and the at-fault driver had a $20,000 liability insurance policy, you could seek up to $80,000 in additional damages from your own insurance company. This applies only after your attorney secures a tender offer of the underlying policy of insurance. As you can see, these claims are complicated and must be handled carefully.

An uninsured endorsement on a policy does not necessarily include an underinsured endorsement. Premature acceptance of an underlying policy in full settlement of your Michigan motorcycle accident claim could deprive you of the right to collect uninsured coverage.

Question: The driver who caused the Michigan motorcycle accident did not have insurance. I did not carry uninsured motorist coverage on my motorcycle, but have it in my motorcycle insurance policy. Can I make a claim for damages I suffered in the Michigan motorcycle accident through my motorcycle insurance?

Answer: Maybe. Your eligibility for uninsured coverage may depend on the specific wording of your Michigan motorcycle insurance policy. You should contact a Michigan motorcycle accident lawyer for help determining what your insurance policy covers.

If you or a loved one was seriously injured in a Michigan motorcycle accident, talk with an experienced Michigan motorcycle accident lawyer.

Truck - Bicycle Accidents

No one wants to imagine the consequences of a truck accident. But one of the most frightening prospects is a collision involving a large semi truck or tractor trailer and a bicycle rider.

In any truck accident, the bicyclist is at a great disadvantage because the truck is big, heavy, and usually moving fast. As a result, the bicycle rider is at grave risk of severe, or even fatal, injuries.

The facts are shocking. In the United States, 41,000 bicyclists were injured in traffic accidents in 2004, and 725 of these cyclists died. Of all non-motorists killed in highway crashes, one out of every eight was a bicycle rider.

Cyclists under age 16 account for 21% of the deaths and 32% of the injuries in traffic accidents. At the same time, the proportion of adult victims has increased in the past decade, as more Americans rely on bicycles for local transportation and exercise. Regardless of the bicyclist's age or circumstances, the results of a collision with a truck can be devastating.

If the victim survives the truck accident, he or she may lose substantial income from work or time from school. The bicyclist could have to cope with severe injuries, major surgery, extensive rehabilitation, or even lasting disability.

In short, a serious truck accident can change the victim's life -- temporarily -- or permanently.

If you or a family member is a bicyclist involved in a truck accident, you need to protect your legal rights. Consult an experienced truck accident attorney, before you talk with the insurance company of the person at fault. If you sign the wrong papers, you may give up all your legal claims for payment of medical bills and lost income, as well as compensation for the pain and suffering caused by the truck accident.

After truck accidents, injured bicyclists and their families tend to focus on their physical, emotional, or financial challenges. Nevertheless, the time that truck accident law allows an adult -- or a child -- to act to preserve legal rights starts to run from the day of the truck accident.

If you or a loved one was injured in a truck accident, make the time to talk with an experienced truck accident lawyer immediately.

Auto Accident Child Safety

Travel Safely with Young Passengers in Your Car

The essential safety information for every parent, relative, friend, or caregiver, who may transport an infant or small child in an automobile is to be sure to get the right car seat for your child. When it comes to child restraint systems, one size does not fit all, and each system must be appropriate for the individual youngster's age, weight, and height.

The following are general guidelines about the kind of protection your child may need:

• Infants up to about 1 year old should travel in a federally-approved infant safety seat that faces the rear of the car. Facing the back of the car protects a baby's fragile head and neck if a car accident occurs. The car seat should be semi-reclined so that the baby's head does not flop forward.

• Children between 1 and 4 years old can sit in a convertible seat that faces forward, if the car seat is equipped with harness straps to securely hold the youngster in place.

• A child who outgrows a convertible seat should ride in a booster seat, which will make the safety belt fit better and more comfortably.

• After a child gets too big for a booster seat, he or she can wear a regular seat belt, but should continue to sit in the back seat until 12 years of age.

Give your child the maximum protection by using the car safety seat properly.

Although about 80% of drivers use child restraint systems, over 70% were incorrectly installed. The most common mistakes were incorrect use of the tethers and harnesses, which will keep the child safely secured in the event of an accident. This puts children at risk, and can easily be avoided, if drivers take the time to follow these simple steps:

• Study the vehicle owner's manual and car seat instructions carefully.

• Check to see if you need a special locking clip. Not all standard safety belts will secure a car seat without it.

• Look for a car seat with a label saying it meets federal motor vehicle standards.

• Send in the car seat registration card, so that you will get notice of product safety recalls.

• Get a tight fit - the car seat should not move more than one inch from side to side or forward. To check for proper installation, push and pull on the car seat near the safety belt buckle.

• Replace a car seat that has been in a crash.

Get help if your child is the victim of a Michigan car accident.

No matter how hard you try to protect your child, sometimes you cannot avoid getting into a motor vehicle crash.

You need to protect your legal rights.

If you or a family member is injured in a Michigan car accident, consult an experienced Michigan car accident attorney, before you talk with the insurance company of the person at fault. If you sign the wrong papers, you may give up all the legal claims that you or your child may have for payment of medical bills and lost income, as well as compensation for pain and suffering.

How to Prevent Car Accidents & Pedestrian Injuries

Pedestrian Safety Tips & Safe Driving Tips for Everyone Be Safe & Be Seen!

Did you know that more than 5,000 pedestrians die each year in the United States because they are hit by motor vehicles or bicycles? To be safe when sharing sidewalks and streets, it's important to be aware of your surroundings. By taking simple precautions, you can prevent injuries and possible death.

Three of the most common accidents involving vehicles and pedestrians are caused when pedestrians make the following mistakes:

1) Cross a road not at the intersection (jaywalking).

2) Walk in the road, not the side of road.

3) Walk in the road in the same direction as moving vehicles.

To help prevent these accidents, follow these simple Pedestrian Safety Tips:

• BE SEEN: Avoid common traffic dangers.

• Wait for drivers to stop and make eye contact before crossing a street. Don't assume they see you.

• Cross at a corner or marked walkway, following traffic signals.

• Sidewalks obviously are safer than roads, but watch for driveway traffic.

• If there's no sidewalk, walk on the left side of the road, facing traffic.

• Bicyclists should ride with the flow of traffic, preferably in marked lanes.

• Look left-right-left before crossing any street, and keep looking until across.

• Don't start crossing if a red signal is blinking.

• When crossing on a green light, watch in all directions for turning cars.

• Put a safety flag on a wheelchair, motorized cart or stroller for visibility.

Sharing public spaces with vehicle traffic takes extra care and attention by everyone. When everyone is courteous and cautious, it's safe to get around on foot, by bike, with skates, in wheelchairs or even via scooters. We all need to avoid risky situations, and when drivers follow these safety tips we all get where we're going safely!

• BE SAFE: Slow down, look, anticipate.

• Careful driving starts when you turn the ignition key.

• Driveways and parking areas are hazardous. Pull out slowly, watching on all sides for pedestrians or any passers-by.

• In public garages, drive-through businesses and commercial lots, watch out for those on foot or two wheels. Look in each direction, especially when they are crossing sidewalks and marked paths.

• Before turning right on red lights, drivers must stop fully.

• Make sure no pedestrian, jogger, bicyclist or wheelchair user is crossing or waiting to cross. They have the right of way.

• Motorists turning left on green lights also must yield to anyone crossing.