Gieg and Jancula, LLCFindLaw IM Template2024-03-18T03:03:28Zhttps://www.gieg-law.com/feed/atom/WordPress/wp-content/uploads/sites/1402008/2019/10/cropped-512-32x32.pngOn Behalf of Gieg & Jancula, LLChttps://www.gieg-law.com/?p=503222024-02-21T15:46:35Z2024-02-21T15:46:35ZThe truck driver's role
If the truck driver acts negligently by speeding, driving distracted, failing to inspect equipment, disregarding traffic signals or violating other safety regulations, they can be liable for any resulting injuries and property damage. For example, a driver who continues driving beyond hour-of-service restrictions and falsifies a log book to turn a load around faster could be at fault for an accident. Truck drivers have a legal duty to operate their trucks with reasonable care to avoid harming others on the roadway. Violating this duty exposes them to liability claims.
The trucking company's responsibilities
Although the driver is behind the wheel, the trucking company may also share in liability. Trucking companies must train drivers, adhere to hour-of-service regulations, conduct vehicle maintenance and establish safety protocols. If a trucking company fails to address known shortcomings that relate to a crash, plaintiffs can include the company as a defendant alongside the driver.
With more than 523,000 accidents involving large trucks in 2021, drivers on the road should understand the potential liabilities for both truck drivers and the trucking companies involved. Both parties can be accountable for an accident if an injured claimant can prove negligent conduct that caused foreseeable harm.]]>On Behalf of Gieg & Jancula, LLChttps://www.gieg-law.com/?p=503202024-01-11T17:05:10Z2024-01-11T17:05:10Z1. Heavy lifting hazards
One of the most common risks faced by distribution center employees is the potential for injuries related to heavy lifting. The constant need to handle and transport bulky items can strain muscles and joints, leading to musculoskeletal issues. Inadequate training or improper use of lifting equipment further amplifies the risk.
2. Slip and fall incidents
Distribution centers are bustling hubs of activity with various materials and surfaces. The presence of spills, uneven floors or improperly stored items increases the likelihood of slip and fall incidents. Such accidents can result in injuries ranging from minor bruises to severe fractures.
3. Equipment-related dangers
Distribution centers heavily rely on machinery such as forklifts, conveyors and pallet jacks to expedite operations. However, the improper use or malfunctioning of these tools can lead to accidents, including collisions, crush injuries or entanglements.
4. Repetitive motion strain
The repetitive nature of certain tasks in distribution centers, such as scanning and packing, increases the risk of repetitive motion injuries. Cumulative stress on muscles and joints can lead to conditions like carpal tunnel syndrome.
As the world of commerce changes, so does employment opportunities. Unfortunately, the warehousing and storage sectors had an injury rate of 5.5 per 100 employees in 2022, nearly double the average for all industries. In the event of injuries, workers have the right to seek compensation through the established workers' compensation system.]]>On Behalf of Gieg & Jancula, LLChttps://www.gieg-law.com/?p=503152023-12-20T16:57:57Z2023-12-20T16:57:57ZIdentify immediate safety measures
The first priority after a collision with a negligent semi-truck driver is to assess the immediate safety of all involved parties. If possible, move your vehicle to the side of the road to prevent further accidents. Turn on hazard lights to alert oncoming traffic, and check for injuries among yourself, passengers and others involved.
Contact law enforcement
Promptly call the local authorities to report the incident. Provide them with accurate information about the location, the number of vehicles involved and any injuries sustained. Cooperation with law enforcement is important to help with an assessment of the situation.
Gather information
Collecting details about the incident is important for insurance purposes and potential investigations. Exchange information with the semi-truck driver, including names, addresses and insurance details. Additionally, gather contact information from any witnesses who may have observed the events leading up to the collision.
Document the scene
Use your smartphone or camera to capture photographs of the accident scene, vehicle damage and any visible injuries. These visual records can serve as valuable evidence in the event of a legal dispute. Documenting the scene can also help insurance companies assess the extent of the damage accurately.
Seek medical attention
Even if injuries seem minor initially, it is important to seek medical attention promptly. Some injuries may not show up right away, and a thorough medical examination can uncover hidden complications. Retaining all medical records is great for insurance claims and potential legal proceedings.
Report the incident to your insurance company
Contact your insurance company as soon as possible to report the collision. Provide them with the collected information and be truthful in your account of the events. Your insurance company will guide you through the claims process and help with paperwork.
The trucking industry is a large one, and it made $75 billion in revenue as of late 2018. Plenty of trucks are on the roads every day. Facing a collision with a negligent semi-truck may be a distressing experience, but navigating the aftermath with a clear plan can help.]]>On Behalf of Gieg & Jancula, LLChttps://www.gieg-law.com/?p=503132023-10-23T19:55:35Z2023-10-23T19:55:35ZKeep your health in mind
When you are on workers' compensation, it implies that you are unable to perform your regular job duties due to a work-related injury. In such cases, the primary focus should be on your recovery and rehabilitation.
You should not report to work in any capacity until you get approval from your doctor. It is advisable to consult with your healthcare provider to ensure that returning to work will not exacerbate your injury or hinder your rehabilitation process.
Steps to take
Upon receiving a job offer, you should promptly notify both your employer and the workers' compensation insurer regardless of whether you will take the job. Transparency is essential in this situation. Inform your employer about the offer, the position, the expected start date and the proposed job duties. Likewise, notify your workers' compensation insurer about the offer and provide them with all relevant details.
Understand the impact on benefits
In Pennsylvania, the law stipulates that if you receive an offer of employment that is within your physical capabilities and vocational restrictions, it may impact your entitlement to wage loss benefits. The insurer may conduct a labor market survey to determine if the job offer is suitable for you.
If the insurer determines that the offer is suitable and you refuse it without a valid reason, your workers' compensation benefits may terminate. However, if you can provide legitimate reasons for declining the job offer, such as medical restrictions, you might be able to maintain your benefits.
Assessing the offer
Before accepting or declining, you should assess the offer. It should be within your physical capabilities. Also, it should be within a reasonable distance from your home. If the new job's location significantly increases your commuting time and expenses, this can be a valid reason to decline the offer without jeopardizing your workers' compensation benefits.
You should also think about your ability to perform the new job effectively, particularly if the position differs significantly from your pre-injury occupation. If this is the case, it is advisable to consult with a vocational expert who can assess whether the job offer aligns with your skills and capabilities.
Receiving a job offer while you are on workers' compensation can have implications for your benefits. Transparency and adhering to legal obligations are essential in such situations.]]>On Behalf of Gieg & Jancula, LLChttps://www.gieg-law.com/?p=503112023-10-13T20:22:21Z2023-10-13T20:22:21ZReduced visibility
Fog, with its dense nature, poses a severe threat to drivers by drastically reducing visibility. In such conditions, the range of vision is smaller, limiting a driver's ability to perceive the road ahead.
This diminished visibility not only makes it challenging to spot other vehicles but also hinders the recognition of road signs, signals and potential obstacles. The result is a heightened risk of collisions, as drivers may find themselves navigating the road with incomplete information.
Decreased reaction time
Fog also influences reaction times, a factor in averting accidents. Drivers encountering sudden obstacles or emergency situations must react swiftly to prevent a collision.
However, fog demands a heightened level of alertness and quicker decision-making. The delay in perceiving a threat coupled with a slowed reaction time can lead to an increased number of rear-end collisions, side-impact crashes and other accident scenarios.
Challenges in judging distance and speed
Accurate judgment of distance and speed is important for safe driving, yet fog distorts these fundamental perceptions. The inability to accurately gauge the proximity of other vehicles or estimate their speed correctly can result in collisions.
With car accidents becoming 34% more likely to turn deadly when there is precipitation, fog is a challenge that demands adaptability from drivers. As responsible motorists, adopting precautionary measures is important in ensuring a safer journey through misty roads.]]>On Behalf of Gieg & Jancula, LLChttps://www.gieg-law.com/?p=503082023-08-24T19:27:51Z2023-08-24T19:27:51ZTotal disability benefits
Total disability refers to an individual who is unable to work in any form of employment. The extent of the injury or illness may prevent them from not only working in their previous role but also from seeking any other opportunities.
Total disability does not mean that you are immobile or bedridden. It refers to your ability to carry out job-related duties, not personal ones or routine daily activities. Total disability benefits provide financial support while you are unable to work at all.
Partial disability benefits
Individuals who can still work but face some limitations due to an injury or illness typically receive partial disability benefits. Partial disability means you can do some work tasks but cannot work in your previous role or other higher-paying positions.
Partial disability benefits offset your reduced earning capacity as a result of the limitations. The amount of your award depends upon the extent of the disability and its effect on your earning potential.
According to the Bureau of Labor Statistics, employers reported 2.6 million non-fatal injuries on the job in 2021. Clear communication and understanding help you protect your rights and receive the proper compensation in such a high-volume process. Understanding the difference between total and partial disability is an important part of fighting for the compensation that you deserve.]]>On Behalf of Gieg & Jancula, LLChttps://www.gieg-law.com/?p=503062023-07-11T04:13:45Z2023-07-11T04:13:45ZLoose electrical wires
According to the Occupational Safety and Health Administration, working near metal on a scaffold is dangerous when electrical wires are active. If a place does not turn off the electricity, then you can face serious harm and burns when power lines touch a scaffold since they conduct electricity so well.
Slip and falls
A coworker who is rushing across a platform or pushing others to get to a certain place faster can potentially make you fall from several feet above the ground. A slip and fall at that height is serious enough that you may struggle to walk or go to work after those injuries.
Falls can also happen when coworkers leave tools or hammers out in the open spaces where people walk. If these items are not put away safely, you can slip on them and fall over the edge of a scaffold.
Collapses
A poorly-made scaffold can buckle under the weight of even just one person. If the people who built the scaffold you are on do not get it checked by a competent person, it could fall to the ground when you step on it.
Being aware of how scaffolds can harm you is just one way to stay safe while on a construction site.]]>On Behalf of Gieg & Jancula, LLChttps://www.gieg-law.com/?p=503042023-06-27T02:51:48Z2023-06-27T02:51:48ZCars swerve to avoid potholes
Potholes can catch drivers off guard, and drivers often instinctively swerve to avoid them. However, abrupt swerving may result in rear-end collisions or sideswipe accidents. These accidents can cause property damage, injuries and even fatalities. It is important for drivers to exercise caution and carefully assess the situation before making sudden maneuvers to avoid potholes.
Government liability for defective roadways
In some cases, the government may be liable for accidents caused by defective and dangerous road conditions, including potholes. If a pothole remains unrepaired for an unreasonable amount of time or if the government is aware of the hazard but fails to take appropriate action, it is possible to hold it accountable for accidents and injuries resulting from the pothole.
However, proving government liability can be complex, and specific laws and procedures vary by jurisdiction.
Risks faced by bicyclists and motorcyclists
Bicyclists and motorcyclists have less protection and stability compared to drivers of cars and trucks. If drivers swerve to avoid potholes and hit a bicyclist or motorcyclist, it can cause severe injuries or even fatalities. The impact of a pothole on a bicycle or motorcycle can lead to loss of control and result in dangerous crashes.
To cut the risks associated with potholes, drivers, cyclists and motorcyclists must remain vigilant on the road. Paying attention to the surroundings, reducing speed when approaching areas prone to potholes and maintaining a safe distance from other vehicles can help prevent accidents.]]>On Behalf of Gieg & Jancula, LLChttps://www.gieg-law.com/?p=501892023-05-22T05:46:37Z2023-04-26T01:47:48Z$920,000 streetscape project that will improve the street and might make travel safer.
What does the project include?
The project, which will begin in the fall of 2023 or spring of 2024, will transform Margaret Avenue into a "corridor" between downtown and the former Bon Secours complex.
Improvements will include:
Curbs and sidewalks
Crosswalks with warning flashers
LED street lamps
Bike lanes
Bike-safe storm drains
Workers will also widen and resurface the street for easier and safer travel.
Will the project reduce traffic accidents?
Many of the planned improvements focus on pedestrian and cyclist safety.
Most pedestrian collisions occur at intersections. Marking crosswalks with signs and warning flashers should reduce the likelihood of accidents, especially at the intersection of Margaret Avenue and 17th Street. Improving sidewalks might also reduce the likelihood of drivers hitting pedestrians in the roadway.
Cyclists might enjoy a safer experience as well. Painted bike lanes will give cyclists their own space, allowing them to travel at their own speed while being more visible to motorists. This could reduce the occurrence of accidents involving cyclists.
Other improvements, such as brighter street lights and resurfacing of the road, could offer increased safety and a lower risk of accidents for all travelers.
After the completion of the Margaret Avenue project in 2024, pedestrians and cyclists may feel more at ease traveling on the busy street.]]>On Behalf of Gieg & Jancula, LLChttps://www.gieg-law.com/?p=499112023-05-22T05:46:43Z2023-04-11T23:38:27Zsome precautions that pedestrians can take to stay safe while walking along the street.
Here are three ways to stay safe as a pedestrian in Pennsylvania.
1. Wear bright clothing
When you wear bright colors such as yellow, orange and lime green, you help yourself stick out and be more noticeable to passing motorists. This is the reason why important road signs like stop signs come in bold colors that do not blend in with the road or its surroundings. Wear bright-colored clothing when you plan on walking in the vicinity of motor vehicles.
2. Remain alert
Remain alert at all times when walking in remote areas as well as busy areas since cars can come out of nowhere quickly. Be especially aware of what is going on when crossing the street or standing at an intersection. Refrain from wearing earbuds that can impede your ability to hear.
3. Avoid walking at night if you can
If possible, avoid walking at night when drivers' have a reduced ability to see. If you must walk at night, carry a source of light and wear reflective clothing.
When you are alert and aware of what is going on around you, you can help yourself stay safe as a pedestrian.]]>