In September 2019, the Food & Drug Administration (FDA) issued a warning letter to JUUL Labs. The FDA warning letter ordered JUUL to stop marketing its product as safer than cigarettes. The FDA cited testimony that JUUL had been marketing its vaping products as “modified risk tobacco products.” That means, the company claimed its product presented a lower risk of tobacco-related disease or was less harmful than traditional tobacco products. Here’s the real catch — JUUL actually presented at school programs. The Congressional testimony contained evidence of a JUUL representative actually speaking at a school and telling students their product “was much safer than cigarettes.” You can read more about the FDA letter in a Washington Post article titled FDA Blasts JUUL For Illegally Marketing E-Cigarettes As Less Harmful Than Regular Cigarettes.
Alabama remains a car-focused state. Historically, we have been a rural state with few areas where both cars and pedestrians are present. Naturally, most pedestrian injuries occur in the downtown areas of our largest cities or near our college campuses. I have read the research on pedestrian accidents and have prepared several serious pedestrian death cases for trial. I’ve also seen the many lawyer advertisements that beg for calls but provide no substance on these difficult cases. So, here are a few brief observations of mine related to Alabama pedestrian accidents.
Pedestrian Injuries Are Increasing
In a recent tweet, the Insurance Institute for Highway Safety (IIHS) noted that over the last 10 years pedestrian deaths have increased 69% across the United States. The data shows increases in both pedestrian and bicyclist deaths. In its 2017 Alabama Statewide Bicycle and Pedestrian Plan, the Alabama Department of Transportation (ALDOT) recognized the rise in serious accidents:
You suffer a work-related injury. You report the accident. You ask the boss for medical treatment. That’s what you are supposed to do. Now, you expect medical care. It should be “honest” medical care that puts a priority on you — the patient.
Where does your medical care start? Some factories have first aid stations in their facility. Many other businesses use a local “occupational” clinic as a starting point for injured workers. Can you expect “real and honest” medical care at the company clinic? Can you trust the company doctor? Some company nurses and physicians really try to help the injured. But, a few neglect their medical calling. These bad ones work against the injured. They are biased for the company paying them.
A WORK COMP SCANDAL AT TESLA
Hurt on the job? If so, the insurance carrier may look for a reason to deny your claim. One of their favorite reasons (and usually a wrong one) is to claim you had a pre-existing condition. On a weekly basis, we listen to injured workers who were (wrongly) denied benefits by the insurance company. What makes this wrongful denial so bad — Many lawyers advertising for injury cases simply accept the denial and refuse to help their clients. Many times, the insurance company denial is wrong.
How Should We View Workers’ Compensation Benefits In Alabama?
Alabama courts have stated over-and-over again that workers’ compensation benefits are “not limited to those in perfect health.” Of course they are not limited. Working men and women deserve a system that provides medical care and basic benefits following a serious accident. If the system required anyone over the age of 35-40 with a history of heavy labor work to have a perfect back, benefits would be worthless. Nobody would be covered.
If you suffered a work-related accident and injury, the work comp process can be challenging. Maybe frustrating is the better word.
Suddenly, you have a serious accident. Your life changes immediately and drastically. When can you return to work? When will you heal? Can you take care of your family? You are hurting and you are worried. Now, you are leaving messages for an insurance adjuster or sitting in waiting rooms simply to see a doctor.
$2B Orlando Highway Construction Project Halted After 5th Worker Death
Five separate workplace deaths on one project! One fatal work-related accident is INEXCUSABLE. Five? It’s hard to comprehend. How could one site be so deadly? How could the contractor allow this to happen? Worker deaths from safety issues are ALWAYS inexcusable.
I’ve written several articles about truck driver health and fatigue. These are serious safety issues on Alabama roads and highways. All of us have felt uneasy as a big truck zoomed past us on the Interstate. We need truck drivers who are healthy and alert.
Both health and fatigue are related. How? Truck drivers suffer much higher rates of health issues like sleep apnea, diabetes and obesity. These conditions can create problems with sleep, concentration and awareness. My past articles discuss several ways we can improve truck driver health and make our roads safer for all.
Researchers at Ball State University recently published a new study involving sleep and workers. The study is titled Short Sleep Duration in Working American Adults, 2010-2018. What makes the study interesting is that it gathered data over a long period of time.
Assisted living facility? Decisions concerning elderly relatives can be some of the most difficult for families. When the time comes to consider driving, safety or living independently, it is traumatic. We want to honor our relatives and make the best decisions. Our elders are a true treasure. I’m reminded of the verse that says “Gray hair is a crown of glory.” (Proverbs 16:31).
How should we treat our elders? In a recent talk, Pope Francis said, “where there is no honor to the elderly, there is no future for the young.” That is very true.
Earlier this week I read of a recent incident where fire ants attacked an elderly Air Force veteran in a VA assisted living facility. A single fire ant attack in an assisted living facility, is unacceptable. Yet, here, we are not talking about a single attack but rather repeated attacks over the course of two days. Is this an isolated event in a single facility? No. Fire ants present a horrible danger that too many facilities ignore.
Injured and facing mounting hospital bills? If you find yourself in this situation, the medical bills and charges can be confusing and overwhelming. You probably have many questions. What are my actual medical charges? Sometimes, it’s difficult to tell. How much did my health insurance pay? Why is the hospital charging ten dollars for a single aspirin? None of it makes sense to most patients.
Our medical system suffers from a lack of consistency and lack of transparency in charges. I recently read a great article on LinkedIn that asks the question — Can Price Transparency Actually Lower Health Care Costs? The article discusses several issues, including surprise charges, price gouging and health insurer discounts. The author concludes it’s a “money game” of different prices for different people. This is certainly true for personal injury victims who often suffer the worst impacts of unfair and inconsistent medical costs.
Hospitals attempt to take advantage of personal injury victims for maximum profit. From the moment a personal injury victim enters a hospital, the unjust process begins. Why is the hospital admissions clerk so interested in whether the other driver is at-fault or has car insurance? Hospital greed, that’s why. The same is true for some clinics, chiropractors and physical therapy offices.
The weeks and months following a serious work-related accident can be some of the most stressful in your life. One day you are fine. The next, you are hurt and unable to work. Medical treatment, long-term recovery, household bills, and job security, are the most important things in your mind.
Work comp should provide needed medical care without delay. That was the original intent. Yet, the system often fails. Insurance companies and their adjusters ignore doctor requests, fail to return your calls, and work to delay care. You suffer. I hear these complaints about adjusters on a daily basis. You are not alone in your frustration.
Many times, an adjuster or case nurse will suddenly call you out of the blue with an appointment for an “independent medical examination” by some new doctor. They may even tell you the visit is needed to understand treatment options. Don’t forget, the real goal of the insurance company is ALWAYS to save its money.