Workers' Compensation Blog Page 10 of 14

Recovering After Your Food Service Burn Injury

Posted on behalf of Schmidt Kramer on December 16, 2013 in Workers' Compensation

Open flame Steam Hot metal Electricity Boiling liquids Burn accidents involving these hazards are, unfortunately, fairly common in the American workplace. Most occupations aren’t at risk from more than one or two of these threats, so at least worker training can focus a limited range of safety concerns. The exception is the food service injury. […]

Combating Slip and Fall Risks for Restaurant Workers

Posted on behalf of Schmidt Kramer on December 14, 2013 in Workers' Compensation

What is the greatest hazard for food service employees? If you guessed “falling down on the job,” you win. Restaurant and tavern workers face surprisingly high rates of slip and trip accidents. The National Floor Safety Institute estimates that more than three million food service employees are hurt each year because of fall accidents at […]

The Role of Pennsylvania Workers’ Compensation

Posted on behalf of Schmidt Kramer on November 14, 2013 in Workers' Compensation

The Pennsylvania workers’ compensation program is designed to provide relief for workers who have been hurt on the job. It’s a no-fault program, so employees are assured that their benefits will be available after a workplace injury—regardless of whether the accident was caused by a coworker, by their boss, or by random and unpredictable events. […]

Pennsylvania Office Lung Illness and Sick Building Syndrome

Posted on behalf of Schmidt Kramer on October 28, 2013 in Workers' Compensation

Cold and flu season is a rite of autumn: kids bring home the sniffles one day, and pass that on to their parents, who carry it with them to the office. Soon, everyone in the workplace will be carrying around a box of tissues. The remarkable and unpleasant fact is that a few workplaces are […]

How Toxic Molds Cause Workplace Lung Disease in PA

Posted on behalf of Schmidt Kramer on October 26, 2013 in Workers' Compensation

Every employer bears a fundamental obligation to make a safe work environment for all employees. Sometimes, that promise isn’t kept. For office workers, ventilation problems can mean everyone is put at risk of chronic workplace lung diseases or systemic illness. When that happens, the employer is required by the Pennsylvania workers’ compensation law to pay […]

See Why You Still May Receive Workers’ Comp. Even If You Are Laid Off!

Posted on behalf of Schmidt Kramer on October 10, 2013 in Workers' Compensation

Even if you are laid off from a job you still may have a right to workers’ compensation benefits. In fact, many employees who have been laid off may have actually been working in light or modified duty positions and still receiving treatment as a result of the work related injury when they were terminated. […]

Are You at Risk for a PA Job-Related Burn Injury?

Posted on behalf of Schmidt Kramer on September 26, 2013 in Workers' Compensation

Under the workers’ compensation law in Pennsylvania, an employee who is injured on the job is guaranteed to receive coverage for his medical bills and even the majority of his wages, if he cannot work for an extended period of time. He automatically qualifies for these benefits without filing a lawsuit and without determining who […]

Needlestick Accidents For Heathcare Workers

Posted on behalf of Schmidt Kramer on September 10, 2013 in Workers' Compensation

Whether in a hospital, laboratory, clinic, or even visiting patients at home, medical workers face daily exposure to frightful diseases with confidence and aplomb. But when safety procedures fail to prevent possible contamination, the results can be terrifying. And that’s the precise nature of the problem known as needlestick injuries—cuts and puncture wounds through the […]

Back Injury Hazards for Pennsylvania Health Care Workers

Posted on behalf of Schmidt Kramer on September 08, 2013 in Workers' Compensation

Related Links: How Can I Prevent Back Injuries At Home and Work? Pennsylvania Workers’ Compensation: Get Benefits for Your On-the-Job Back Injury Learn How a Pennsylvania Workplace Injury Caused Your Back Pain It’s not surprising that the average hospital contains a lot of people with musculoskeletal injuries. What is surprising is that so many of […]

Learn How a Pennsylvania Workplace Injury Caused Your Back Pain

Posted on behalf of Schmidt Kramer on August 14, 2013 in Workers' Compensation

Professor Tompkins smiled as he looked across the lecture hall filled with community college students. “Today,” he announced, “we will have an exercise in thinking like a scientist.” He lifted a huge block of ice onto the laboratory table nearby. “As you can see,” he said, “I have frozen a very expensive microscope in this […]

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$10,043,952.13 Personal Injury
Schmidt Kramer, P.C.partner Gerard C. Kramer won a personal injury action for $10,043,952.13 in Northumberland County on behalf of a volunteer firefighter who was the victim of Intentional Tort. The 50-year-old volunteer firefighter was seriously injured when a barn collapsed, causing a spinal injury which left him a paraplegic. The claim was brought against the arsonist who intentionally started the fire. It is believed that the verdict is the highest ever in Northumberland County.
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$4,034,000.00 Personal Injury
Yesterday a Judge in Union County (Lewisburg, PA) awarded a couple from New Berlin, Pennsylvania, over $4,000,000 because the husband was shot while turkey hunting.You might ask yourself, how does a turkey hunting accident end up with that type of verdict? In order to understand the verdict you would have to know our clients. They are good people who had their life wrecked. Plus, you would have to know the defendant, who should not have been hunting with a gun because he was prohibited after a previous criminal conviction.It is a good verdict, because the Judge was able to do two things with his decision. First, he communicated to two very good people that their losses were something that those of us on the outside could appreciate and value. Mike Hobbins (our client) is a 51 year old guy who lost his sight because a convicted felon --who should not have even possessed a gun-- went hunting illegally, and broke with impunity the most fundamental rule in hunting: identify your target before you pull the trigger. The Judge accepted the financial loss Mr. Hobbins' suffered, but listened closely to the evidence of less tangible losses. When Mike broke down on the stand, because his daughter would end up walking him down the aisle at her wedding, as opposed to how it was supposed to go, the Judge was listening. When Mike could not keep it together, because of how emasculating it was for him not to be able to provide financially for his family, the Judge was listening. It was facts like these that the Judge cited to support the $2,000,000 award for non-economic damages. Second, the Judge wanted to send a message. Union County is a hunting county. Many of the residents hunt there, and people from outside the area come to Union County to hunt. It was my impression, from the Judge's statements as he rendered his decision, that he wanted to send a message to the people in Union County to protect them in their sport. The rules in place to restrict people convicted of crimes not to have a gun are not to be broken. Hunting is serious and you have to identify your target before you shoot. When you turn your back on the rules that are set to provide safety in a sport, you risk being an example. Here, the $1,000,000 punitive damage award sends that message loud and clear.When it really comes down to brass tacks, the right action was taken against a Defendant who may never truly appreciate what kind of impact his reckless choices caused.At Schmidt Kramer, we are injury lawyers. That means we work with people who were hurt in car accidents, who were hurt by the neglect of nursing homes, or those that were seriously injured because of the reckless, thoughtless acts of others. If you or a loved one have been injured in Pennsylvania, we may be able to help. While the verdict yesterday is not one that is representative of every case we do, it does show that serious and dedicated representation can bring good results.Joe ChapmanJanuary 18, 2013
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$2,200,000.00 Auto Accidents
On Monday, January 6, 2014, Schmidt Kramer accident lawyer Scott Cooper obtained a verdict on behalf of his client who is the widow of a man who died in a fiery crash on Interstate 78 in Lebanon County. The awarded verdict of $2.2 million was in a nonjury proceeding before a federal judge in the Middle District of Pennsylvania. That verdict includes $100,000 in punitive damages assessed against the owner of the trucking company.Kamilah Claxton won summary judgment in November after the defendants, Sukhwinder Singh and the trucking company for which he worked, failed to file a brief in opposition to Claxton's motion, which was made in September. The verdict in Claxton v. Singh was issued after the court held a non-jury assessment of damages earlier this month."Mr. Sukhchan Singh, the employer, is liable on the basis of respondent superior, but was also grossly negligent in failing to maintain his vehicle in compliance with state and federal law, particularly with regard to having required safety inspections and correcting defects in its braking equipment," said U.S. District Judge William W. Caldwell of the Middle District of Pennsylvania in his opinion accompanying the verdict."He was also grossly negligent in entrusting his vehicle to Sukhwinder Singh, an inexperienced truck driver who had failed the written test and driving test multiple times before finally earning his commercial driving license," Caldwell said.
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$1,200,000.00 Personal Injury
A Dauphin County jury has awarded a $1.2 million verdict to the parents of a 5-year-old who had an anoxic brain injury and stopped breathing after he had a tonsillectomy.2012-06-26 10:00:00 AMDate of Verdict: June 19. 2012Court and Case No.: C.P. Dauphin County No. 2009-CV-14003-MMJudge: Scott EvansType of Action: Medical malpracticeInjuries: Anoxic brain injuryPlaintiffs Counsel: Terry S. Hyman, Schmidt Kramer, HarrisburgPlaintiffs Experts: Dr. Anna H. Messner, liability; Lucille Packer, Pediatric Otolaryngology, Palo Alto, Calif.; Terry P. Leslie, vocations and earning capacity, Lancaster; Dr. Hilary B. Berlin, pediatric psychiatry, Great Neck, N.Y.Defense Counsel: Andrew H. Foulkrod, Darlene K. King, Foulkrod Ellis, Camp Hill, PADefense Experts: James C. Reilly, Pediatric Otolaryngology, Wilmington, DEComment: A Dauphin County jury has awarded a $1.2 million verdict to the parents of a 5-year-old who had an anoxic brain injury and stopped breathing after he had a tonsillectomy.The entire verdict came against Dr. Andrew M. Shapiro, the doctor who plaintiffs Reginald Graham and Tykeisha Metz alleged chose to have the boy monitored at a pediatric ward. The plaintiffs argued Shapiro failed to tell nurses caring for the baby about, and how to care for, the boy's enhanced risk for respiratory failure.The jury came back on June 19 and awarded Reginald Graham and Tykeisha Mets $500,000 in non-economic damages and $686,170 in loss of future earning capacity, according to the plaintiffs counsel.According to the statement, the baby's mother brought him to Shapiro because she was "'afraid that he might stop breathing during his sleep,'" the plaintiffs' pretrial statement said. Shapiro performed a sleep study and observed the baby's Apnea Hypopnea Index to be 43 — four times higher than what's considered severe. A tonsillectomy and adenoidectomy were performed.According to the plaintiffs, the baby's sleep study results put him at an increased risk for post-operative respiratory complications. Despite this, they argued in the statement, Shapiro ordered the pediatric nurses at the Harrisburg Hospital general pediatric ward to observe the boy as they would any other patients — about once every four hours.The pretrial statement said that one in four children who have an AHI in the 40s and oxygen desaturation below 80 have some type of respiratory problem. The younger the child, the greater the risk of a respiratory problem, the statement said.According to the statement, Shapiro took off the child's pulse oximeter, the finger-mounted device used to measure blood oxygen, and ordered a heart and respiratory rate monitor. The child was 11 months old at the time.The plaintiffs pled that the baby was last seen at 4 a.m. There was no record of his oxygen saturation for the next hour and 45 minutes. He stopped breathing a 6:40 a.m., and his brain was without oxygen long enough to cause demonstrable injury on an MRI."Immediately prior to his surgery, [the child] was a normal child, who could say mama, eat finger foods, and was just on the verge of walking," the statement said. "After his code, [he] was like a newborn. He could not lift his head or sit up. He could not talk. He could not move."In his pretrial statement, Shapiro argued that he recognized the child's pre-operative sleep study showed he was driven to breath by decreased blood oxygen saturation, which he said was typical in patients with obstructive sleep apnea.He argued the American Academy of Otolaryngology dictates that admission to the intensive care unit is not the standard of care. In the statement, he said nurses did not observe signs of respiratory distress. No alarms sounded until the child arrested, the statement said.He said the baby likely arrested as a result of hypoglycemia and/or an acute aspiration, which he argued would not have been identified by blood oxygen saturation.— Ben Present, of the Law Weekly
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$1,024,040.80 Auto Accidents
Scott Cooper settled a wrongful death case on behalf of the widow of a police office who was killed in a car accident in the line of duty for $1,024,040.80. The claim against the other driver was amicably resolved before suit was filed for the entire available policy limits for the other driver. The case took place in Adams County, PA.
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