Annapolis Personal Injury Law Blog

A construction fall arrest can be deadly without release

On behalf of Joel L. Katz, L.L.C. posted in Workers' Compensation on Friday, December 14, 2018.

If you are an active catch-and-release angler for Maryland striped bass, you may be aware of the cautions that the state's Department of Natural Resources issue regarding the pastime. While lauding the conscientiousness of the practice, the DNR notes that "any capture event is stressful." And so, officials urge, "careful and quick" revival and return of the fish to the water, especially in summer.

What might surprise some readers is that the same fundamental rules apply when the subject on the end of the line is a construction worker who has fallen from some significant height.

Despite potential, spinal cord stimulation devices in question

On behalf of Joel L. Katz, L.L.C. posted in personal injury on Thursday, December 13, 2018.

There is risk in life. That's just part of the package, whether you live in Maryland or some other state. As safe as we would like to be from any harm that might occur, there is no way to prevent every possible source of personal injury. That said, when you allow a medical professional to surgically implant a medical device into your body on the promise that it is going to provide a significant benefit, you have a right to consider legal action if it actually does more harm than good.

There are regulatory systems in place to minimize the chances of faulty medical devices reaching the market. But as recent reporting by The Associated Press shows, some public safety advocates are beginning to wonder whether the lead agency in this regard, the Food and Drug Administration, is putting consumers at risk in favor of making it easier for manufacturers to feed their bottom lines.

Family receives $728k settlement after chest pains were ignored

On behalf of Joel L. Katz, L.L.C. posted in Medical Malpractice on Wednesday, December 12, 2018.

A Maryland man was sent home after complaining of chest pains to his primary care physician only to die a few days later. After six years, his family finally received a settlement in November 2018.

Instead of insisting that the victim be examined in an emergency room for a heart attack, the victim was sent home in with a recommendation for a CT scan and to visit a cardiologist if his symptoms didn't improve within a few days. The victim died of coronary artery disease and multiple heart attacks a few days later.

In Maryland, the consequences of texting while driving are severe

On behalf of Joel L. Katz, L.L.C. posted in motor vehicle accidents on Tuesday, December 11, 2018.

Since the advent of smart phones, traffic accidents connected to distracted driving have been growing. Drivers, tempted by virtually unlimited connectivity, are increasingly splitting their attention between the road and their devices.

What you need to know about deadly strokes

On behalf of Joel L. Katz, L.L.C. posted in Medical Malpractice on Monday, December 10, 2018.

The statistics about strokes are enough to frighten anyone. It is the fifth leading cause of death for Americans and depending on your risk factors, it may be the biggest threat to your life. With one stroke happening every 40 seconds in the U.S., physicians are trained to quickly diagnose and, when time allows, treat the stroke before permanent damage or death occurs. Unfortunately, proper diagnosis does not always happen.

When a patient dies, or suffers serious, long-term disability in the wake of a stroke, it's important for that person's loved ones to ask whether the physician followed protocol. Before you can ask that question, it's important to have a baseline understanding of what a stroke is.

What should you do if your workers' comp claim is denied?

On behalf of Joel L. Katz, L.L.C. posted in Workers' Compensation on Sunday, December 9, 2018.

After going through the trouble of filing a workers' compensation claim, your claim may be denied for any number of reasons. It can be a stressful, frustrating process but you have the right to appeal.

Workers' compensation claims are often denied for simple mistakes on forms or because the employer denies fault over certain details included in your report. It may be difficult, but even after a rejection you can still appeal the decision.

Contractor misclassification barring you from workers' comp?

On behalf of Joel L. Katz, L.L.C. posted in Workers' Compensation on Saturday, December 8, 2018.

Employees and independent contractors are treated differently under the law-and entitled to very different rights and benefits. An independent contractor is not eligible for workers' compensation, overtime pay, paid time off or employer-subsidized healthcare. Therefore, hiring independent contractors instead of employees can represent significant financial advantages for an employer.

Often times, employers will try to claim that an employee is actually a contractor-in order to avoid paying for such benefits. However, simply labeling a worker as an "independent contractor" is inadequate to classify them as such. Even filing a 1099 form for a worker does not automatically make them a contractor.

Does workers' compensation increase risk of an opioid addiction?

On behalf of Joel L. Katz, L.L.C. posted in Workers' Compensation on Friday, December 7, 2018.

A recent study has found that the opioid epidemic is greatly affecting Maryland employees who are receiving workers' compensation. Nearly one third of Maryland employees who were prescribed opioids while out on workers' compensation filled the prescription more than 90 days from the date of injury. The study sites that 90 days of opioid use is the definition of persistent use.

What the study found was that certain workers were more likely to become a persistent user of their prescribed opioid.

Have you been using your seatbelt incorrectly?

On behalf of Joel L. Katz, L.L.C. posted in Car Accidents on Thursday, December 6, 2018.

Using a seatbelt is so simple that it's not even covered in most driver's education classes. You pull the shoulder and lap belt across your body and click the tongue into the buckle. When you hear the click of the tongue in the buckle, you release the slack in the belt and the belt tightens to support your body. According to one Maryland State Trooper, however, most people don't know about the critical second step.

A Maryland State Trooper recently shared with a local news reporter that there really should be two clicks that you listen for.

What is a repetitive motion injury?

On behalf of Joel L. Katz, L.L.C. posted in Workplace Injuries on Wednesday, December 5, 2018.

In many industries, workers are subjected to repeat tasks that end up causing an injury that is eligible for compensation. These are repetitive motion injuries.

A repetitive motion injury can be temporary or permanent, and they typically impact the muscles, nerves, ligaments and tendons. These body parts are used in the same motion over and over again to the point of stress, which causes pain. Any occupation with repeated activities can cause employees to develop a repetitive motion injury, regardless of whether the job is hard labor or desk work.