Posts Tagged ‘personal injury lawsuits’

The Stages Of Malignant Mesothelioma Determine Outcome

April 14th, 2010

The first step a physician will take if a patient is diagnosed with malignant pleural mesothelioma (MPM) or with pericardial or peritoneal mesothelioma is to determine the stage of the illness. Determining the stage tells the extent to which the tumor has spread outside the pleura, peritoneum, or pericardium.

History of Cancer Staging

Before the 1940’s, systems for classifying stages of cancer did not exist. The first interest in creating a staging system originated soon after with the desire to find a way to assess different levels of breast cancer. Having such a system would allow doctors to make targeted treatment plans, have a better idea of survival times, and speak a common language when referring to cancers.

The first formal system to be used with mesothelioma was created by Butchart, et al., which divided cancer into four different stages. Modifications to criteria have since been made and continue to be made to this system; however the 4-stage approach remains the same.

Another system that is sometimes used to define stages is the tumor-node-metastasis (TNM) staging system. This measures the tumor size, node involvement, and degree to which the cancer has spread to other places in the body.

Current Mesothelioma Stages

Mesothelioma, as well as many other types of lung cancers, is divided into four different stages. The criteria measured are usually the size of the tumor and the degree to which the disease has spread throughout the body.

Both systems mentioned above divide mesothelioma into four stages. Stage I refers to tumors that are relatively small and localized. Stage II means the tumor has grown, and although it has not spread into surrounding tissue, may have entered into the lymph nodes. Stage III means the cancer is even larger, has spread to nearby lymph nodes, and is starting to spread into surrounding tissues. Stage IV is when the tumors have begun to spread to other body organs, commonly referred to as metastasized.

Metastasis refers to the degree to which the tumors have spread throughout the body. Generally speaking, if cancer has metastasized, the stage will be advanced with poorer prognosis and less treatment options.

Determining the Stage of Mesothelioma

Several common tests and procedures are used to determine the stage of mesothelioma: chest X-rays, MRI’s, CT scans, surgery, and endoscopic ultrasounds (EUS). Your treating doctor will be able to recommend which test is best for you depending on the details of your individual case.

How Stages Affect Treatment and Prognosis

Stage I mesothelioma has the best prognosis as the tumors are localized and are more apt to be able to be removed surgically. Once mesothelioma has spread to lymph nodes on the same side as the tumor, or to the lining of the chest or heart, it has progressed to Stage II. Therapeutic interventions and survival times are always better if mesothelioma is diagnosed at these earlier stages.

Stage III mesothelioma occurs when the cancer has spread beyond the lining of the chest wall and to lymph nodes on the other side of or outside the chest wall. Survival times and therapeutic intervention options drop with each advancement in stage, or as the number of the stage gets higher. Stage IV mesothelioma, the most advanced, means tumors have spread throughout the body to other organs, tissues and lymph nodes. At this stage, therapy tends to focus on symptom and pain management versus disease progression or prolonging survival times.

Mesothelioma is an Incurable Cancer

Currently, there does not exist a cure for mesothelioma. However, many clinical studies are dedicated to finding ways of catching mesothelioma at earlier stages and before it has progressed too far. Research such as this may one day help to not only lengthen survival times and increase treatment times, but also find a cure.

Sally Clapper is a publicist for Clapper, Patti, Schweizer & Mason, asbestos lawyers that have been representing people with mesothelioma for over 25 years. As experts in the field of mesothelioma, the firm’s attorneys are recognized as some of the leading plaintiffs’ mesothelioma lawyers in the nation.

Familiarize Yourself With How Worker’s Compensation Works

February 11th, 2010

Until the early part of the 20th century, workers in the United States had few options if they were injured on their jobs. Somebody who has hurt while working or became ill because of working conditions could sue the employer, but most often the employers would win lawsuits. This reality led to the establishment of protection called worker’s compensation.

Things began to change around 1911, when American states began adopting their own models of worker protection laws that had been put into place in England and Germany about 30 years earlier. Now states manage 55 different workers insurance programs, and most employers are required by law to possess such insurance.

The value of Worker’s Compensation programs is to assure employees will receive guaranteed monetary benefits. In exchange for this assurance, call a “compensation bargain (contract)” or “exclusive remedy, ” workers give up the right to sue their employers over on-the-job injuries, as well as employers give up the right to cut back on compensation if a worker is injured through his or her own fault.

In addition to paying an injured or ill worker’s wages and medical costs, worker’s compensation will pay for physical or vocation therapy for seriously injured workers. The program also might pay future-compensation benefits to a worker who loses a high-paying job because of his or her injury. A worker can also receive compensation for loss of future income if he or she can’t continue in a higher-paying job because of the injury. The family of a worker who’s killed on the job can receive worker’s compensation benefits to pay for the employee’s funeral. They also may receive worker’s compensation money to offset the loss of the worker’s income.

A worker who’s injured on the job should first file a claim form, available from the employer. Next the worker can expect to undergo an independent medical examination by a physician chosen by the employer’s insurance company. It’s important for the employee to pay close attention to the doctor’s diagnosis, to ask questions and to make notes of the examination afterward.

If injured on the job, or made ill by toxins or working conditions, it’s important that workers report the injury and file worker’s compensation claims immediately. Managers and supervisors should offer workers claims forms to fill out. It may also be wise to consult an attorney who specializes in worker’s compensation law, if the worker suspects the employer or the insurance company could challenge his or her claim.

Before you do anything, go to Hyland and Padilla to get more information about accident attorney Durham and Worker’s Compensation Attorney. Visit us today!

Comprehending How Worker’s Compensation Works

February 11th, 2010

There once was a time when a worker who was injured on the job had little recourse. Not only was he physically injured, he lost income and had medical bills to pay. Sometimes the injury left a worker disabled and unable to provide for his family. The worker had few options besides to sue the employer for compensation. Generally, the workers lost. This is what led to the establishment of Worker’s Compensation.

During the last part of the 19th century, Germany and England adopted laws designed to protect workers. These models eventually made their way to the United States, where between 1911 and 1920, most states adopted their own versions of the European laws. Today there are 55 U. S. Worker’s compensation insurance programs, typically managed by state governments. Most states require employers to have worker’s compensation insurance coverage, either through a state pool or from an insurance company.

While each program varies in some details, all are set up to provide monetary benefits to a worker whose injury or illness resulted from a job-related accident or from the conditions of employment. Examples of this could be someone who breaks a bone in a fall, some who loses hearing as the result of working in a noisy environment, or someone who suffers repetitive stress injury from a lot of typing.

If a worker is seriously injured or ill, worker’s compensation also will pay for vocational rehabilitation such as physical therapy or training for a different job. Some programs also pay workers for loss of future earnings, if the injury prevents them from continuing in a higher-paying occupation than they can pursue because of a disability. If a worker is killed on the job, the program pays funeral costs and survivors may receive benefits to replace the deceased’s lost wages.

A worker who’s injured on the job should first file a claim form, available from the employer. Next the worker can expect to undergo an independent medical examination by a physician chosen by the employer’s insurance company. It’s important for the employee to pay close attention to the doctor’s diagnosis, to ask questions and to make notes of the examination afterward.

It’s essential that workers who are hurt while working or who become ill because of their working conditions file a worker’s compensation claim immediately. If the worker suspects that the employer or the company’s insurance vendor may dispute his or her claim, it may also be a good idea to consult an attorney. Lawyers who specialize in worker’s compensation law are skilled and experienced in making sure that employees receive all the recompense they’re entitled to under the law. Most employees are covered by worker’s compensation programs, except those in small businesses with five or fewer employees, domestic workers, agricultural workers and independent contractors.

Before you do anything, go to Hyland and Padilla to get more information about accident attorney Durham and Worker’s Compensation Attorney. Visit us today!

Getting A Handle On How Worker’s Compensation Works

February 10th, 2010

Until the early part of the 20th century, workers in the United States had few options if they were injured on their jobs. Somebody who has hurt while working or became ill because of working conditions could sue the employer, but most often the employers would win lawsuits. This reality led to the establishment of protection called workers compensation.

During the last part of the 19th century, Germany and England adopted laws designed to protect workers. These models eventually made their way to the United States, where between 1911 and 1920, most states adopted their own versions of the European laws. Today there are 55 U. S. Worker’s compensation insurance programs, typically managed by state governments. Most states require employers to have worker’s compensation insurance coverage, either through a state pool or from an insurance company.

The program covers only those injuries or illnesses that can be proven to be job-related. For example, a worker hurt in a car wreck as he’s leaving the company parking lot wouldn’t be covered by worker’s compensation, but a delivery driver who’s hurt when his truck is hit by another truck would be covered. Someone who breaks a leg falling from a ladder at work would be covered, but someone who breaks an arm playing on the company softball team wouldn’t be eligible.

If a worker is seriously injured or ill, worker’s compensation also will pay for vocational rehabilitation such as physical therapy or training for a different job. Some programs also pay workers for loss of future earnings, if the injury prevents them from continuing in a higher-paying occupation than they can pursue because of a disability. If a worker is killed on the job, the program pays funeral costs and survivors may receive benefits to replace the deceased’s lost wages.

A worker who’s injured on the job should first file a claim form, available from the employer. Next the worker can expect to undergo an independent medical examination by a physician chosen by the employer’s insurance company. It’s important for the employee to pay close attention to the doctor’s diagnosis, to ask questions and to make notes of the examination afterward.

If injured on the job, or made ill by toxins or working conditions, it’s important that workers report the injury and file worker’s compensation claims immediately. managers and supervisors should offer workers claims forms to fill out. it may also be wise to consult an attorney who specializes in worker’s compensation law, if the worker suspects the employer or the insurance company could challenge his or her claim.

Before you do anything, go to Hyland and Padilla to get more information about accident attorney Durham and Worker’s Compensation Attorney. Visit us today!

What’s Workers Comp And Just How It Works

February 10th, 2010

When it comes to working there are certain important subjects which both organisations along with workforce deserve to understand. Workers compensation is one such thing that’s significant to know as it is a form of protection for both sides. for those of you who need it we will look further into worker’s compensation and how it performs.

One of the first issues that you need to know dealing with this sort of insurance policy Is it follows A no fault rule when it comes to the rewards being dispersed. What this means Is that no matter who is responsible for the injury. It could be the fault of either party but as long as the accident was within the workplace the individual would be entitled to compensations.

You can find some exceptions to this happening that a lot of folks are not aware of. Substance abuse as well as reckless behaviour within the workplace are not covered. Other points like self inflicted wounds and points that occur when you are not on firm time are also not covered under worker’s compensation. You can also contain criminal activities in this list, as thiscould be widespread perception to not be covered.

Whether or not you are in a type of market that enables you to be covered by this type of insurance can vary from place to place. Someone needs to be informed concerning the laws that pertain to the state in which they live to be sure of whether or not they’re covered or not. The amount of hours that a person operates Is one more factor that could possess a bearing on whether or not they’re able to be insured in this way as well.

The majority of the states demand employers to purchase this insurance to help guard their employees. The rewards that an employee receives from these positive aspects are to help them with medical costs And the loss of wages that they have after getting injured within the work. The amount of coverage that employees obtain Is yet another area that differs from state to state.

An employer Is under obligation to own the proper paperwork filed immediately right after An incident occurs. you can find times that these accidents might be investigated. This is due to the quantity of fraudulent claims that have been put in by men and women in the past. these investigations are done so that you can secure the employer.

Averting the requirement to utilise worker’s compensation insurance is the best bet for anyone involved. You can do this Through taking the necessary steps to make sure that the workplace is a safe surrounding.

For anybody who is injured in a construction accident, it is very important report your accident in writing to your workplace immediately. For those who have a camera or cell phone with a camera, it is very important to take photographs of the scene immediately. You should also let your attorney know if OSHA investigates The construction accident because OSHA will have a file from the investigation which contains important information. You should also obtain the full names and telephone numbers of any witnesses to the accident.

You should contact an attorney immediately before you give a recorded statement to an insurance company. In many instances, the insurance company is taking the recorded statement to determine if you have a compensable claim and therefore it is very important to speak to aproficient attorney as soon as possible so that your rights are protected. Damages that you could be entitled to because of injuries in a construction related accident may include medical expenses, loss of earnings, pain And suffering, compensation for permanent injuries, scarring and emotional distress.When it comes to being employed there are certain elements which both business employers along with employees ought to be aware of. Workers compensation is one such subject that may be significant to know as it is a form of protection for both sides. For those who may want it we will look further into worker’s compensation and how it operates.

Disclaimer: I am not an attorney. Consult your local attorney for all legal matters.

Before you do anything, go to Hyland and Padilla to get more information about accident attorney Durham and Worker’s Compensation Attorney. Visit us today!

Getting Familiar With The Basics Of Worker’s Compensation

February 9th, 2010

Worker’s Compensation plans were initiated in an effort to protect both employers and employees. They are beneficial to employers because the plans protect them from lawsuit. This enables them to accurately budget expenses for claims. Employees benefit because they can continue to receive cash payments while injured, along with some or all of related medical costs. While Worker’s Compensation statutes differ between states, the basic remain the same.

Funding for compensation programs is normally provided in one of three ways. In the majority of states, employers are required to obtain policies from insurance providers to cover their claims. In a very few states, employers pay into a state operated fund that processes claims and distributes payments. And finally, there is a combination method employed by some states in which the state fund covers only employers reject by private insurers.

In general, workers who are injured on the job, whether from accident or occupational illness, are entitled to receive a percentage of their salary until they can return to work. There is usually a waiting period of several days before the program begins. In some states, payments continue until the employee can resume normal work duties, even if this takes years. Other states pay for a set time frame, after which a lump sum settlement is made if the employee still cannot work.

Medical expenses related to the covered injury or illness are covered in full or in part, depending on the state. Prescriptions, medical equipment, doctors, hospitals, physical therapy, and rehabilitation services are included.

If an employee is able to work, but not at the position he or she held prior to the injury, most states will provide training to place the employee in a different job. For example, a factory worker who can no longer stand for long periods of time might receive computer training. In most cases, an employee who has been deemed capable of working in this new job must work or forfeit benefits.

Anyone injured in the workplace should report such injury immediately to a member of management. The manager or supervisor will obtain statements from all who witnessed the incident. The injured worker will usually be tested for drugs, since alcohol or illegal drugs are normally grounds for denying a claim. Normally, there are doctors and hospitals designated by the employer or his insurance company for treatment throughout the claim period.

To keep their Worker’s Compensation benefits, employees must cooperate in their treatment plan. They will be expected to obey all medical orders, including rehabilitation or therapy programs. Training courses, if ordered, must be completed. Employees can also lose their benefits if they are offered restricted duty but refuse to report for work.

If injured relating to the job, or made ill by toxins or working conditions, it is critical that workers report the injury and file worker’s compensation claims immediately. managers and supervisors should offer workers claims forms to fill out. It can also be intelligent to consult an attorney who specializes in worker’s compensation law, if the worker suspects the employer or the insurance company could challenge his/her claim.

Before you do anything, go to Hyland and Padilla to get more information about accident attorney Durham and Worker’s Compensation Attorney. Visit us today!

Get To Know How Workers Compensation Operates

February 9th, 2010

Until the early part of the 20th century, workers in the United States had few options if they were injured on their jobs. Someone who has hurt while working or became ill because of working conditions could sue the employer, but most often the employers would win lawsuits. This reality led to the establishment of protection called “worker’s compensation.

Worker’s compensation refers to a state-run insurance program that protects the majority of workers in the event of an on-the-job injury or an illness that results from working conditions. Exempted from this coverage are agricultural workers including farm owners and crop harvesters; domestic employees such as maids, housekeepers, butlers and the like; independent contractors of any sort; and employees of small businesses with five or fewer workers.

While each program varies in some details, all are set up to provide monetary benefits to a worker whose injury or illness resulted from a job-related accident or from the conditions of employment. Examples of this could be someone who breaks a bone in a fall, some who loses hearing as the result of working in a noisy environment, or someone who suffers repetitive stress injury from a lot of typing.

If a worker is seriously injured or ill, worker’s compensation also will pay for vocational rehabilitation such as physical therapy or training for a different job. Some programs also pay workers for loss of future earnings, if the injury prevents them from continuing in a higher-paying occupation than they can pursue because of a disability. If a worker is killed on the job, the program pays funeral costs and survivors may receive benefits to replace the deceased’s lost wages.

If a worker is seriously injured or ill, worker’s compensation also will pay for vocational rehabilitation such as physical therapy or training for a different job. Some programs also pay workers for loss of future earnings, if the injury prevents them from continuing in a higher-paying occupation than they can pursue because of a disability. If a worker is killed on the job, the program pays funeral costs and survivors may receive benefits to replace the deceased’s lost wages.

If injured on the job, or made ill by toxins or working conditions, it’s important that workers report the injury and file worker’s compensation claims immediately. managers and supervisors should offer workers claims forms to fill out. it may also be wise to consult an attorney who specializes in worker’s compensation law, if the worker suspects the employer or the insurance company could challenge his or her claim.

Before you do anything, go to Hyland and Padilla to get more information about accident attorney Durham and Worker’s Compensation Attorney. Visit us today!

This Is How A Worker’s Compensation Program Works

February 8th, 2010

Worker’s Compensation was established to protect both employers and employees. Employers can budget costs by using insurance plans to cover payments to injured workers rather than risking litigation. Employees have access to an income when unable to work due to a job related illness or injury. While Worker’s Compensation statutes are different in every state, the basic plans are very similar.

In the majority of the states, companies purchase coverage from insurance companies. Only a handful of states utilize a public plan, which is funded by mandatory payments from employers. Other states have a hybrid program. Under these arrangements, employers are to contract with insurance companies for coverage. Those that cannot obtain coverage in this manner, such as those rejected by private carriers as high risk, will pay into a public plan.

In general, workers who are injured on the job, whether from accident or occupational illness, are entitled to receive a percentage of their salary until they can return to work. There is usually a waiting period of several days before the program begins. In some states, payments continue until the employee can resume normal work duties, even if this takes years. Other states pay for a set time frame, after which a lump sum settlement is made if the employee still cannot work.

Normally, all health care costs incurred due to the injury or illness are covered, either partially or completely. Hospitals, doctors, prescriptions, physical therapy, and medical equipment are considered eligible items under the plan.

Should an employee be deemed fit for work in a different position other than the one held prior to the incident, most states furnish training for the new job. For example, someone whose previous position required standing all day, but who can no longer do so, might be trained as a computer operator. If an employee refuses to accept the training or the position may have to forfeit future benefits.

A worker who is injured on the job should immediately report the incident to a supervisor or manager. Management will collect the statements of any witnesses and prepare a report. Normal procedure is to arrange a drug test for the injured employee, since the presence of illegal drugs or alcohol usually invalidates the claim. Most employers also have designated hospitals or doctors for the initial treatment of work related injuries as well as follow up treatment.

Employees receiving Worker’s Compensation payments are expected to make an effort to recover by following medical instructions, including any recommended therapy programs. In most states, they can be dropped from the program for refusing to attend re-training classes. They can also find payments stopped if they are found capable of doing light duty work and they won’t work.

If hurt relating to the job, or made ill by toxins or working conditions, it is necessary that workers report the injury and file worker’s compensation claims immediately. managers and supervisors should offer workers claims forms to fill out. It can also be advisable to consult an attorney who specializes in worker’s compensation law, if the worker suspects the employer or the insurance company could challenge their claim.

Before you do anything, go to Hyland and Padilla to get more information about accident attorney Durham and Worker’s Compensation Attorney. Visit us today!

What Are Worker’s Compensation Benefits?

February 8th, 2010

Worker’s Compensation plans were initiated in an effort to protect both employers and employees. They are beneficial to employers because the plans protect them from lawsuit. This enables them to accurately budget expenses for claims. Employees benefit because they can continue to receive cash payments while injured, along with some or all of related medical costs. While Worker’s Compensation statutes differ between states, the basic remain the same.

Funding for compensation programs is normally provided in one of three ways. In the majority of states, employers are required to obtain policies from insurance providers to cover their claims. In a very few states, employers pay into a state operated fund that processes claims and distributes payments. And finally, there is a combination method employed by some states in which the state fund covers only employers reject by private insurers.

In general, workers who are injured on the job, whether from accident or occupational illness, are entitled to receive a percentage of their salary until they can return to work. There is usually a waiting period of several days before the program begins. In some states, payments continue until the employee can resume normal work duties, even if this takes years. Other states pay for a set time frame, after which a lump sum settlement is made if the employee still cannot work.

Medical expenses related to the covered injury or illness are covered in full or in part, depending on the state. Prescriptions, medical equipment, doctors, hospitals, physical therapy, and rehabilitation services are included.

If an employee is able to work, but not in the position he or she held prior to the injury, most states will provide training to place the employee in a different job. For example, a factory worker who can no longer stand for long periods of time might receive computer training. In most cases, an employee who has been deemed capable of working in this new job must work or forfeit benefits.

A worker who is injured on the job should immediately report the incident to a supervisor or manager. Management will collect the statements of any witnesses and prepare a report. Normal procedure is to arrange a drug test for the injured employee, since the presence of illegal drugs or alcohol usually invalidates the claim. Most employers also have designated hospitals or doctors for the initial treatment of work related injuries as well as follow up treatment.

To keep their Worker’s Compensation benefits, employees must cooperate in their treatment plan. They will be expected to obey all medical orders, including rehabilitation or therapy programs. Training courses, if ordered, must be completed. Employees can also lose their benefits if they are offered restricted duty but refuse to report for work.

Before you do anything, go to Hyland and Padilla to get more information about accident attorney Durham and Worker’s Compensation Attorney. Visit us today!

There Are Many Worker’s Compensation Benefits

February 7th, 2010

Worker’s Compensation was established to protect both employers and employees. Employers can budget costs by using insurance plans to cover payments to injured workers rather than risking litigation. Employees have access to an income when unable to work due to a job related illness or injury. While Worker’s Compensation statutes are different in every state, the basic plans are very similar.

In the majority of the states, companies purchase coverage from insurance companies. Only a handful of states utilize a public plan, which is funded by mandatory payments from employers. Other states have a hybrid program. Under these arrangements, employers are to contract with insurance companies for coverage. Those that cannot obtain coverage in this manner, such as those rejected by private carriers as high risk, will pay into a public plan.

As a rule, employees who are unable to work due to a job related injury or illness can receive weekly or monthly payments. In most instances, these do not constitute amounts equal to salary but instead are a set percentage. Under some plans, these payments can continue for as long as the employee is ill or hurt, with no time limit. However, in some states there is a point at which monthly payments are discontinued and one lump sum payment is issued.

Expenses for doctors, hospitals, and medication are normally covered to at least some extent. Under some programs, all medical costs directly related to the claim are paid in full, while others pay only a percentage. Physical therapy and rehabilitation are also included.

Should a worker be deemed fit for work in a different position other than the one held prior to the injury, most states furnish training for the new job. For example, someone whose previous position required standing all day, but who can no longer do so, might be trained as a computer operator. If an employee refuses to accept the training or the position may have to forfeit future benefits.

Anyone injured in the workplace should report such injury immediately to a member of management. The manager or supervisor will obtain statements from all who witnessed the incident. The injured worker will usually be tested for drugs, since alcohol or illegal drugs are normally grounds for denying a claim. Normally, there are doctors and hospitals designated by the employer or his insurance company for treatment throughout the claim period.

Anyone receiving payments or benefits are obligated to work with the Worker’s Compensation program toward complete recovery. Failure to obey medical orders, attend any therapy ordered, or to engage in re-training may lead to termination from the program. Benefits can also be stopped if the employee refuses to accept an altered position after being deemed capable of resuming a limited work schedule

If harmed around the job, or made ill by toxins or working conditions, it’s important that workers report the injury and file worker’s compensation claims immediately. managers and supervisors should offer workers claims forms to fill out. It may also be prudent to consult an attorney who specializes in worker’s compensation law, if the worker suspects the employer or the insurance company could challenge his / her claim.

Before you do anything, go to Hyland and Padilla to get more information about accident attorney Durham and Worker’s Compensation Attorney. Visit us today!