Experienced Mississippi BP Oil Spill Attorney Provides Insight into Dispersant Effects on Cleanup Workers

Now approaching eight years since the BP Deepwater Horizon Oil Spill, clients still come to me with injuries related to their work cleaning up the Gulf Coast region. In 2015, BP agreed to settle all claims with the U.S. federal and state governments in a $21 billion settlement. Pursuant to that settlement, the company will pay out that amount over roughly twenty years. Recent payments have been substantial, with BP paying out $1.7 billion for the fourth quarter in 2017 and an anticipated payment of another $3 billion in 2018. The company’s spill-related payouts will rise to $3 billion in 2018 from an earlier estimate of $2 billion, while those for 2017 will remain at $5.5 billion.

An interesting March 6, 2018 article in the New Orleans Times-Picayune makes it clear that while the amount that has been spent thus far is tremendous, there are still many unknowns regarding who was injured, what injured them, and what is owed. Having experienced counsel help you attain your fair share of that settlement is critical if you were harmed. Barrett Law has the experience to help you through this process.  Contact us now at (601) 790-1505.

I have posted the most interesting passages from the March 6, 2018 Times-Picayune article below about health problems suffered by Coast Guard members who worked on the spill response:

The nearly 2,000 Coast Guard members who reported exposure to oil dispersants suffered a range of illnesses — lung irritation, skin rash, nausea, vomiting and diarrhea — at higher rates than members who were not exposed to the chemicals or were exposed to oil alone, according to research by the Uniformed Services University, a Maryland health sciences and medical school run by the federal government.

“With increased levels of exposure there was a higher prevalence of reporting cough and shortness of breath, and more reporting of wheeze than non-exposed people,” said Jennifer Rusiecki, a USU researcher involved in two recent studies.

The people exposed to the dispersants were four times more likely to report shortness of breath and three times more likely to report skin rashes than their non-exposed counterparts, researchers found. They were also two times more likely to say they suffered bouts of coughing and digestive problems, including diarrhea and vomiting, Rusiecki said.

Exposure to oil has its own toxic effects, but most Coast Guard members took precautions to avoid contact. Few understood to that same degree that dispersants also could be harmful.

BP used two types of dispersant, Corexit 9500 and Corexit 9527, both manufactured by Nalco Environmental Solutions, to break up the oil. Nearly 1 million gallons were dropped by air, and another 770,000 gallons were injected into the damaged wellhead about a mile under the water’s surface. It was the first time dispersants had been used on a large scale and in proximity to people. A USU study released in January noted that dispersants remain in common use after oil spills. “However, little is known about human health effects related to exposure,” the study says.

Crude oil exposure has been a major focus of health studies, but the effects of dispersants are only beginning to be understood, despite widespread reports of illness from coastal residents, fishermen and disaster responders exposed to dispersants during the Deepwater Horizon disaster.  The combination of oil and dispersants on human health is also poorly understood.

I have linked to the full article below and encourage you to read it. In a nutshell, it looks like the oil dispersants used during the Gulf Oil Spill may be the cause of many of my clients’ chronic health problems. These are problems that deserve compensation.

What Should You Do If You Were Injured or Harmed By the 2010 BP Oil Spill?

If you were harmed as a result of the 2010 BP Deepwater Horizon Oil Spill or its cleanup, you may be due compensation for your losses. Hiring a general practitioner to handle a claim related to the spill is a serious mistake, as only an attorney with extensive experience in getting oil spill claims paid will represent your interests adequately.

Call Barrett Law now, an experienced Mississippi BP Oil Spill law firm, to represent you if you were harmed as a result of the Spill.

Barrett Law has the experience to take on defense attorneys that are focused on denying your compensation for the harm you experienced.  Contact us now at (601) 790-1505.

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Experienced Mississippi Trucking Accident Attorney Explains Common Tactics Companies Use to Avoid Liability

As a trucking accident and personal injury attorney, I have seen every imaginable attempt by trucking companies to shift blame away from their drivers, trucks, and companies. This is particularly saddening because of the serious injuries to motorists that result from these crashes. Believe me, if a car is hit by a semi-truck or 18-wheeler, their massive weight mass results in a far greater impact and, sadly, more significant injuries. One thing is critical to state up front—you will need to have experienced trucking accident counsel help you attain any settlement from a trucking company. Barrett Law has the experience to help you through this process.  Contact us now at (601) 790-1505.

Below are four common tactics employed by trucking companies to shield themselves from liability. They illustrate why you need an experienced trucking accident attorney by your side to take on the company’s legal team.

Dismantle the Truck—Often, trucking companies will declare the truck that injured you as a “total loss” or “totaled” and dismantle it for scrap. While that may sound innocuous, it is actually an attempt to destroy evidence crucial to proving your case. The company may be negligent if the truck was not maintained to a reasonable standard or was lacked required safety technology. Immediately dismantling the truck prevents you from attaining this sort of evidence and proving negligence. As experienced trucking accident counsel, I have the experience to attain a motion immediately to prevent this sort of action.

“Repair” the Truck—When destroying or “totaling” a truck cannot be justified, a trucking company will often “repair” it. While repairs may seem innocuous or reasonable after an accident, they may be an attempt to upgrade the truck so that it has safety features that it should have had at the time of the accident.  Similarly, safety features that were not working at the time of the accident may be fixed to appear that they were.  Again, as experienced trucking accident counsel, I have the experience to attain an emergency order prohibiting this sort of tampering.

Interfere with the Crash Scene—Trucking companies have teams standing by to rush to a scene of an accident. Once there, they often try to bias investigators by talking with police officers, gather up pieces of a crash so that they cannot be photographed accurately, and influence witnesses.

Destroy Records—As discussed above, there is evidence at the scene of the crash, but also in the company’s own records. Often after an incident, important records regarding safety inspections, driver complaints, and other evidence are destroyed.  As experienced trucking accident counsel, I have the experience to attain a motion immediately to prevent this sort of action.

What Should You Do If You Were Injured in a Truck Accident?

If you were injured as the result of impact with a large truck, contact an experienced personal injury attorney so that you can focus on yourself and on your healing process. You may be offered a quick settlement after an accident in exchange for your agreement not to pursue a legal challenge.  Do not accept these “low-ball” offers, as while they may be tempting when you are out of work and in pain, you are due much more.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury as a result of a collision with a tractor trailer or 18-wheeler.

Barrett Law has the experience to take on defense attorneys and trucking companies that are focused on denying your compensation for your injuries.  Contact our seasoned Mississippi Trucking Accident Attorney now at (601) 790-1505.

 

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Experienced Mississippi Trucking Accident Attorney Explains: Trucking Accident Liability

As a Mississippi trucking accident and personal injury attorney, clients often meet with me to inquire about an accident with a “big rig.” Because of the size of the truck compared to the car that my clients were in, the injuries are often catastrophic and are usually far worse than what would expect from a traditional car-on-car accident. The truck’s greater mass results in a greater impact and, sadly, more significant injuries. This is even true in slow accidents that would just be a “fender bender” if the other vehicle were a car.  Simply put, big rig accidents are serious, and you will need to have experienced personal injury counsel help you attain any settlement from a trucking company. Barrett Law has the experience to help you through this process.  Contact us now at (601) 790-1505.

If you have been injured by a collision with a big rig or other large truck, how will you receive compensation? You may receive some compensation for your losses and injuries from insurance. But what if your injuries and losses far exceed what an insurance policy will pay, such as when you are confined to a wheelchair or can never return to work? In that situation, you will need the help of an attorney to file a “negligence” claim.

What is Negligence?

Believe it or not, accidents do happen. There is a difference between something accidentally or unavoidably occurring and negligence. You cannot recover damages based simply on an unfortunate, unavoidable occurrence involving a big rig, but you may be able to recover a tremendous settlement once negligence is established. But how is negligence different from an accident? Negligence means that the truck driver or truck company failed to act as a reasonable person would under the circumstances. This “reasonable person test” can be applied to several different aspects of the incident that injured you.

Driver Negligence

You can prove negligence if a driver fails to meet the “reasonable person test” and, as a result, injures you. The reasonable person test is highly subjective, but looking at a phone while driving, being under the influence of alcohol or drugs while driving, or failing to get enough sleep all qualify as common examples of negligent behavior.

Vicarious Liability

One question that arises is whether the driver has the resources—insurance, money—to compensate you even if you are able to prove that he or she was negligent. This is where the concept of “vicarious liability” becomes important. That means that the trucking company itself is liable for its driver’s bad acts so long as the acts were committed within the “scope and duty” of the driver’s employment. That means that the trucking company is liable for any negligent behavior occurring while their employee is doing work for them. Accordingly, your attorney will have to both prove that the employee truck driver was negligent and that the he or she was working for the trucking company at the time of the negligence occurred. More and more companies use independent contractors instead of employees in an effort to sever liability; vicarious liability is based on the degree of control the company had over the employee, so it is not always a successful strategy.

Negligent Hire

A trucking company can be negligent itself if it hires truck drivers negligently, such as hiring a driver without a valid CDL.  The trucking company’s negligence can also be established by showing that it failed to do a background check that would have caught a record of reckless driving or driving under the influence. Similarly, it may also be possible to prove negligence if a trucking company hires a driver with a long record of accidents, as these records are more accessible and better kept for commercial drivers.

Negligent Training

Big rigs are increasingly complex, and new drivers must be trained to operate them safely. A trucking company can be negligent if it puts a driver behind the wheel with insufficient training or without keeping its drivers up to date on the truck’s technology.

What Should You Do If You Were Injured in a Truck Accident?

If you were injured as the result of impact with a large truck, contact an experienced personal injury attorney so that you can focus on yourself and on your healing process. Contact an experienced personal injury attorney immediately. Let experienced personal injury counsel take care of preserving medical records, dealing with aggressive opposing counsel, attaining expert diagnoses, and dealing with the trucking company’s insurance company. These are important tasks that an only a highly experienced personal injury attorney can handle for you.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury as a result of a collision with a tractor trailer or 18-wheeler.

The seasoned Mississippi Trucking Accident Attorney at Barrett Law has the experience to take on defense attorneys and insurance companies that are focused on denying your compensation for your injuries.  Contact us now at (601) 790-1505.

 

 

 

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Experienced Mississippi Personal Injury Attorney Explains: 3 Myths About Elder Financial Abuse

As a personal injury attorney that has helped many Mississippi clients deal with financial abuse of their elderly loved ones, I can tell you that elder abuse is a problem here, as it is nationwide. Worried families meet with me to ask about elder abuse and to ask whether they can bring a claim against nursing home or nurse who stole money their family members.  As a result of these frequent inquiries, I thought it would be useful to describe three myths that often confuse people who have elderly family members who have been taken advantage of financially while in another’s care. One thing is critical to state up front—you will need to have experienced personal injury counsel help you attain any settlement from a nursing home or nursing provider. Barrett Law has the experience to help you through this process.  Contact us now at (601) 790-1505.

 

There is a common misperception that financial abuse of the elderly is something that happens in seedy, low-budget nursing homes run by uncertified staff. This could not be further from the truth, as financial abuse of the elderly more often takes place in their own home at the hands of either a trusted family member, a friend, or a personal nurse.

Myth 1—There Is Nothing You Can Do About the Financial Abuse of the Elderly

False. Mississippi courts take the financial abuse of the elderly seriously. Just like any other fraud or theft, a perpetrator can be sued civilly to reclaim what was taken. In particularly serious cases, criminal charges may be brought by the local prosecutor’s office as well.

Myth 2—If Abuse is Occurring, Your Loved One Would Tell You

False. One thing you must realize is that financial abuse is a crime of trust. First, your loved one may know that the financial transfers or “gifts” are occurring that are enriching their caregivers, but may not know that anything improper is taking place. That is because the caregivers occupy a position of trust and it is usually safe to assume that they would not take advantage of that trust.

Second, because your loved one may be dependent on the caregiver for basic necessities such as food and cleanliness, they have a strong disincentive to anger the caregiver with allegations of misconduct such as theft. This puts your loved one in a precarious position regarding their safety and may result in them keeping their suspicions to themselves.

Myth 3—An Intelligent or Well-Educated Senior Will Not Fall for Scams

False. Like all scams, a person who tries to take money from an elderly person preys upon their emotions, hoping the emotions will override intelligence. Supposed “emergency” requests for money from grandchildren who are supposedly “in trouble” are common, as are others that pull at the elderly person’s heartstrings. Even highly intelligent people fall into these scams; in fact, they may be less likely to report it because of feelings of humiliation.

What Should You Do If You Believe Your Loved One is the Victim of Financial Abuse?

If you believe that a loved one is the victim of financial abuse, report it immediately to law enforcement. Next, you must contact an experienced personal injury attorney to begin the process of reclaiming lost funds.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if your elderly loved one has been the victim of fraud.

The experienced Mississippi Personal Injury Attorney at Barrett Law has the experience to take on nursing home and nursing providers’ attorneys that are focused on denying your compensation for your loss.  Contact us now at (601) 790-1505.

 

 

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Experienced Mississippi Personal Injury Attorney Explains Next Steps if You Were Injured by Your Doctor or Other Medical Provider

As a personal injury attorney, injured people often meet with me to ask whether they can bring a claim against a doctor, nurse, chiropractor, or other medical professional.  As a result of these frequent inquiries, I thought it would be useful to describe what makes a personal injury case in Mississippi. One thing is critical to state up front—you will need to have experienced personal injury counsel help you attain any settlement from a medical provider. Barrett Law has the experience to help you through this process.  Contact us now at (601) 790-1505.

What is Negligence?

Believe it or not, but accidents do happen. There is a difference between something accidentally or unavoidably occurring during a medical procedure and negligence. You cannot recover damages based simply on an unfortunate, unavoidable occurrence, but you may be able to recover a tremendous settlement once negligence is established. But how is medical negligence different from an accident? Negligence means that a doctor or medical professional failed to meet the standard of care of their profession. Within the medical context, negligence is usually referred to as “malpractice.”

What Does the “Standard of Care” Mean?

Simply put, malpractice occurs when the patient’s medical care does not meet current medical standards. This failure may be due to a physician or medical provider not staying current with their training, a failure to adequately supervise or train nurses and other support staff, or poor sanitation within the medical environment.

Common Types of Medical Negligence

There are many types of medical malpractice, ranging from the minor to the most severe, with consequence ranging from inconvenience to death. You should understand, however, that the malpractice does not have to be dramatic to have long-lasting, serious consequences. Many cases of infection due to unsanitary practices have had devastating, even deadly effects. Unfortunately, I receive frequent calls about MRSA and MSSA infections received from medical facilities and nursing homes, two very serious and all too common infections that can have be life-threatening. Believe it or not, one of the most common examples of medical malpractice is leaving a surgical tool or sponge inside the body cavity after an operation. Anytime you suffer an injury as a result of malpractice, you must call an experienced personal injury attorney immediately to protect your health and rights.

What Should You Do If You Were Injured?

If you were injured in the course of receiving medical care, contact an experienced personal injury attorney so that you can focus on yourself and on your healing process. Sadly, I sometimes speak with Mississippi clients whose loved ones have died as a result of medical malpractice. In either case, you may be offered a quick settlement after an accident in exchange for your agreement not to pursue a legal challenge.  Do not accept these “low-ball” offers, as tempting as they may be at the time.

Instead, contact an experienced personal injury attorney immediately. Let experienced personal injury counsel take care of preserving medical records, dealing with aggressive opposing counsel, attaining expert diagnoses, and dealing with insurance companies. These are important tasks that an only a personal injury attorney can handle for you. If they are handled poorly by an attorney without numerous personal injury cases under his or her belt, they may be done ineffectively, costing you a tremendous amount of compensation.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury that you believe is due to medical malpractice.

 

Barrett Law has the experience to take on defense attorneys and insurance companies that are focused on denying your compensation for your injuries.  Contact our experienced Mississippi Personal Injury Attorney today at (601) 790-1505.

 

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Mississippi Whistleblower Lawyer Explains New Whistleblower Program Aimed at Opioid Epidemic

Are you an employee of a pain-management clinic, drug testing facility, or physician that makes opioid prescriptions? If you are witnessing fraud or abuse in the distribution of opioids, you may be able to become a whistleblower under a new U.S. Department of Justice (DOJ) Prescription Interdiction & Litigation (PIL) Task Force.

On February 27, 2018, Attorney General Jeff Sessions announced the creation of the Department of Justice PIL Task Force, an effort to fight the prescription opioid crisis.  The PIL Task Force’s goal is to use the DOJ’s law enforcement resources to go after those who are prescribing and manufacturing and dispensing opioids illegally. This will become a whistleblower issue because the DOJ is extending the benefits and rights of the False Claims Act—the federal law that allows for whistleblowers to be compensated and protected for reports of fraud—to whistleblowers in the medical field.

If you work in the medical field and are witnessing opioid distribution abuse, you may now be able to attain your compensation based on a tip under this new PIL program. To attain compensation, you will require the help of an experienced whistleblower attorney and advice regarding whether the conduct you have observed constitutes fraud.

The DOJ’s PIL press release stated in part:
Over the past year, the Department has vigorously fought the prescription opioid crisis, and we are determined to continue making progress. Today, we are opening a new front in the war on the opioid crisis by bringing all of our anti-opioid efforts under one banner,” said Attorney General Sessions.  “We have no time to waste.  Every day, 180 Americans die from drug overdoses.  This epidemic actually lowered American life expectancy in 2015 and 2016 for the first time in decades, with drug overdose now the leading cause of death for Americans under age 50.  These are not acceptable trends and this new task force will make us more effective in reversing them and saving Americans from the scourge of opioid addiction.”

The PIL Task Force will combat the opioid crisis at every level of the distribution system.  At the manufacturer level, the PIL Task Force will use all available criminal and civil remedies available under federal law to hold opioid manufacturers accountable for unlawful practices.  The PIL Task Force will build on and strengthen existing Department of Justice initiatives to ensure that opioid manufacturers are marketing their products truthfully and in accordance with Food and Drug Administration rules.

The Department will also use all criminal and civil tools at its disposal to hold distributors such as pharmacies, pain management clinics, drug testing facilities, and individual physicians accountable for unlawful actions.

The PIL Task Force will use criminal and civil actions to ensure that distributors and pharmacies are obeying Drug Enforcement Administration rules designed to prevent diversion and improper prescribing.  It will use the False Claims Act and other tools to crack down on pain-management clinics, drug testing facilities, and physicians that make opioid prescriptions.

What Should You Do if You are Considering a Whistleblower Claim?

Are you considering filing an opioid whistleblower case under this new PIL program? To attain your compensation, you will require the help of an experienced whistleblower attorney to decide whether the conduct you have observed constitutes fraud. Evidence gathering, dealing with the federal government’s attorneys, important deadlines, and filing requirements make your representation both complex and time-sensitive.

Call Barrett Law now at (601) 790-1505 if you think you may be an opioid whistleblower.

Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower judgment and losing your career and livelihood. Call our seasoned Mississippi Whistleblower Lawyer today.

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Mississippi Whistleblower Lawyer Explains U.S. Corporations’ Increased Whistleblower Retaliation Statistics

Being a whistleblower is scary enough—it can be terrifying to become aware of fraud, especially when you are reporting fraud by your coworkers or those within your corporation. Choosing to expose that misconduct and to become a whistleblower means risking your livelihood, friendship with colleagues, and financial security. Once you become a whistleblower and an investigation into the fraud commences, there is a serious chance that you will feel the wrath of those you have exposed. Loss of employment, punitive or disciplinary action, and defamation are just some of the forms of retaliation that whistleblowers sometimes experience. Unfortunately, clients often come to me asking if they can be an “anonymous” whistleblower. In the short term, the answer may be yes. However, if your matter goes to investigation and prosecution, your employer will eventually know your identity.

It looks like times are getting even tougher for whistleblowers. A recent Wall Street Journal report based on a survey by the Ethics & Compliance Initiative indicates that retaliation against whistleblowers is rising, and the increase is dramatic. Since 2013, the rate of whistleblowers reporting misconduct has increased 5%; however, the rate of retaliation against whistleblowers doubled, or rose by 100%, in that same time.

As employees know, a company can have prohibitions and policies against retaliation, but they may have little or no effect unless the company’s leadership supports an ethical culture where those policies are taken seriously and enforced. Without that enforcement, retaliation can go on either subtle or explicit ways, which has a chilling effect on other employees’ future reporting. When employees see unethical behavior go unpunished or, worse, rewarded, the company is communicating that its policies are simply “lip service” to appease auditors and ethics watchdogs. Other employees witness the negative ramifications of whistleblowing and learn to keep their head down and mouth shut. Over time, this process repeats itself and the company’s culture of ethics erodes dramatically.

While there is plenty of troubling news in the Ethics & Compliance Initiative report, the news was not all bad. It also reported that there are some companies that are “creating cultures their employees think are strong and grounded in good values. About 21% said they work at a company with a strong culture, up from 18% in 2013.” Thus, approximately one fifth of employees feel that they are working for a company that takes ethics seriously. That is still far too low, but may be a glimmer of hope.

What Should You Do if You are Considering a Whistleblower Claim?

Do you have knowledge of fraud or other serious financial misconduct occurring in the context of your employment? Are you considering filing a whistleblower case? To protect your career and family and to attain your compensation, you will require the help of an experienced whistleblower attorney. First, you need confidential advice regarding whether the conduct you have observed constitutes fraud and whether you are in a position to receive compensation based on a whistleblower tip. Evidence gathering, dealing with the federal government’s attorneys, important deadlines, and filing requirements make your representation both complex and time-sensitive. Because whistleblower programs receive thousands of tips each year, they can only act on a small percentage. If you are going to risk your career, you want to make your work count.

Call Barrett Law now at (601) 790-1505 if you think you may be a whistleblower.

Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower judgment and losing your career and livelihood. Call our seasoned Mississippi Whistleblower Lawyer today to learn more about how he can make a difference for you.

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Experienced Mississippi Worker’s Compensation Attorney Explains the Reasons Employers Challenge Worker’s Compensation Claims

Clients often come to me with questions about injuries they received on the job, and they are often looking for basic compensation under Mississippi’s worker’s comp laws. It seems straightforward—you were injured on the job, so worker’s compensations should compensate you for your lost time, work absences, and other costs. Right? Not always, and not when your employer denies that your injury is related to your employment. Unfortunately, people often misunderstand the worker’s compensation process because they rely on word of mouth and friends rather than the experience of skilled worker’s compensation attorney. There are a wide variety of factors that influence what sort of payment you can expect to receive. One thing is critical to know—you will need to have experienced counsel help you attain your fair share of compensation from a neck injury. Barrett Law has the experience to help you through this process.  Contact us now at (601) 790-1505.

Because I so often receive questions about why an employer would deny a worker’s compensation claim, I have described the most common reasons below:

Premium Costs

Your employer pays for worker’s compensation the same way that you pay for your insurance, by paying a premium that covers the expected costs of claims over the years.  That cost is driven by a number of factors, but the most common factor is the cost and number of prior years’ worker’s compensation claims. Because of this system, it is in your employer’s financial interest to deny your claim in an interest of keeping his or her premiums low. So if your employer has seen a large number of claims—either from you individually or from the company’s employees as a whole—or if your claim is for a particularly expensive injury, there is a significant financial interest in denying it.

Employer Disbelief in Various Types of Injuries

Many employers simply do not believe that their employees’ injuries are real. There are a number of reasons for this phenomenon, but the most common one that I see is that most injuries are cumulative and not acute. What that means is that the injury builds up slowly over time and is not caused by a sudden incident such as a fall or accident. Obviously, if a stack of pallets falls over and crushes an employee’s leg, there is little question that the injury is real and work related. However, an employee that acquires carpal tunnel syndrome due to years of typing at a desk with poor ergonomics also has a real, work related injury. The only difference is that the latter injury accrues over time and is less obvious; as a result, it is more likely to be denied. This sort of refusal to accept employees’ injuries is common, especially with back, neck, and soft tissue injuries. Many of these injuries do not seem serious at first and, as a result, are not documented. That lack of documentation can result in a denial of the claim later.

Employer Suspicion of Employees

For a worker’s comp claim to be legitimate, it must either occur at the workplace or in the scope of the employee’s duties outside the workplace. I often see employers deny claims because they believe, or want to believe, that the employee’s injury occurred outside of work, but is simply being claimed at work to attain worker’s comp coverage. Again, if the employee suffers a crushing accident in the workplace due to a well-documented accident, this is unlikely to be challenged. But employers routinely deny the sort of repetitive motion injuries to backs and joints that are routinely caused by the work environment over time. This is especially true if the employee did not seek medical attention for an injury or did not miss work because of it. This is a Catch-22 for employees, who do not want to miss work out of fear of losing income due to an injury, but who then do not get compensated for a worker’s comp incident because they did not take time off.

What Should You Do If You Suffered an Injury at Work?

If you suffer an injury at work, document it. Many employers have policies requiring the documentation of a workplace injury.  You should also seek medical attention, as a doctor can provide clear documentation that an injury occurred and its potential causes.  Let experienced counsel take care of preserving medical records, attaining expert diagnoses, and dealing with your employer’s insurance company. These are important tasks that a worker’s comp attorney can handle for you.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered a neck injury.

The seasoned Mississippi Worker’s Compensation Attorney at Barrett Law has the experience to take on your employer, defense attorneys and insurance companies that are focused on denying your compensation for the injury you experienced.  Contact us now at (601) 790-1505.

 

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Mississippi Whistleblower Lawyer Explains Recent Ninth Circuit Court of Appeals Decision Regarding the U.S. Merit System Personnel Board Whistleblower Program

It can be terrifying to become aware of fraud, especially when you are a federal civil servant who chose to work to help your fellow citizens. Choosing to expose that fraud and become a civil service whistleblower means risking your livelihood, friendship with colleagues, and financial security. Once you become a whistleblower and an investigation into the fraud commences, there is a serious chance that you will feel the wrath of those you have exposed. Loss of employment, punitive or disciplinary action, and defamation are just some of the forms of retaliation that whistleblowers sometimes experience.

Mississippi clients who are thinking of becoming civil service whistleblowers often ask about the retaliation. Luckily, the U.S. Merit System Personnel Board Whistleblower Program (MSPB) offers protections to those who expose waste, fraud, and abuse.  The following is from the MSPB whistleblower web site:

How does the MSPB protect whistleblowers?

Unlike many of the Merit System Principles, for which there is no specific law or regulation that allows an affected employee to appeal a violation, MSPB can order an agency to take corrective action for whistleblower retaliation. This would require an agency to place the whistleblower, as nearly as possible, in the position the individual would have been in had the prohibited personnel practice not occurred. The MSPB can even award the whistleblower back pay and certain reasonable and foreseeable consequential damages such as medical costs and travel expenses.  In some cases, it may also award attorney fees. More recently, with the enactment of the Whistleblower Protection Enhancement Act of 2012, the board was also authorized to award compensatory damages.

Accordingly, there are protections in place for civil servants who report fraud, waste, and abuse; however, those protections are only as good as those charged with enforcing them.

Ant-Retaliation Protection Takes Effect Upon Submission of a Claim

The anti-retaliatory protections of the MSPB whistleblower program should take effect as soon as you file a whistleblower claim.  It should not matter whether the MSPB ever investigates   or acts on the complaint.  However, once again, it is crucial that you submit your claim to the MSPB properly and on the correct forms.  Having experienced whistleblower counsel by your side to make that filing and ensure that the anti-retaliation protection kicks in is vital to protecting your livelihood.

The following recent decision out of the Ninth Circuit Court of Appeals details how a whistleblower went unprotected, in part because his or her claim was not filed to the MSPB’s specifications.

Cautionary Tale of Whistleblower Retaliation

A federal appeals court has found that the MSPB took too narrow a view of whistleblower protections, agreeing with the Office of Special Counsel that an employee does not need to provide “precise” details of a claim in order to pursue a complaint of retaliation.

The case involved an employee who contended that he was fired in reprisal for his disclosures to his agency and its IG office regarding nepotism. However, the MSPB held that he had not informed the OSC of the details of those disclosures and thus had not exhausted his “administrative remedies” there, as required before filing a complaint directly with the MSPB. When he appealed to the Ninth Circuit Court of Appeals, the OSC intervened on his side, arguing that the merit board had created a procedural hurdle for whistleblowers not in the law.

The court agreed, finding that the employee had provided the OSC with sufficiently detailed and clear notice” of the whistleblower retaliation claim to investigate. The court sent the case back to the MSPB to decide.

What Should You Do if You are Considering a Whistleblower Claim?

Are you considering filing a whistleblower case? To attain your compensation, you will require the help of an experienced whistleblower attorney to decide whether the conduct you have observed constitutes fraud. Evidence gathering, dealing with the federal government’s attorneys, important deadlines, and filing requirements make your representation both complex and time-sensitive.

Call Barrett Law now at (601) 790-1505 if you think you may be a whistleblower.

Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower judgment and losing your career and livelihood. Call us today.

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Experienced Mississippi Trucking Accident Attorney Explains Trucking Accident Spinal Injuries

As a trucking accident and personal injury attorney, injured people often meet with me to assess their injuries and their likelihood of receiving compensation for them. What I often see is that spinal injuries are different than any other type of accident injury, as the spine connects to every other part of the body. Moreover, spinal injuries resulting from trucking injuries are often the worst type, as trucks, tractor trailers, 18-wheelers are incredibly heavy. That weight or mass results in a far greater impact and, sadly, more significant injuries. One thing is critical to state up front—you will need to have experienced personal injury counsel help you attain any settlement from a trucking company. Barrett Law has the experience to help you through this process.  Contact us now at (601) 790-1505.
The Spine

While you may think of the spine as your “backbone” or as a rigid bone that keeps you upright, it is not really a single bone. To the contrary, it is stack of angular vertebrae separated by soft discs, surrounded by supporting tissue such as muscles, tendons, and ligaments. Running within the spine is the spinal cord, out of which radiates all of the nerves of the nervous system.

Common Types of Spinal Injuries

When a large truck hits an automobile, the force of impact can be spectacular. It is not a surprise then that the resulting spinal injuries may also be extreme, ranging from whiplash to paralysis.  When you are in an accident the vertebrae can be crushed, the vertebrae stack can be shifted, the discs can be crushed, or the supporting tissues can be torn or strained. In addition, the nerves in and around the spine can be injured. Damage to nerves can range quite a bit, from a completely severed spinal cord, to a partially severed spinal cord, to a pinched nerve.  A pinched nerve occurs when either a vertebrae or soft tissue puts pressure on a nerve.

Types of Spinal Injury Treatment

You will need extensive testing to determine the extent of a spinal injury. Luckily, with the advent of CT and MRI scans, doctors are increasingly accurate with their diagnoses. For crushed vertebra and severed nerves, surgery and a long period of rehabilitation will likely be in proscribed. Discs can be removed. In less serious cases, soft tissue injuries such as bulging discs and pinched nerves are often able to be treated with just physical therapy. While these treatments are undertaken, you will likely be prescribed painkillers and anti-inflammatories.

What Should You Do If You Were Injured in a Truck Accident?

If you were injured as the result of impact with a large truck, contact an experienced personal injury attorney so that you can focus on yourself and on your healing process. You may be offered a quick settlement after an accident in exchange for your agreement not to pursue a legal challenge.  Do not accept these “low-ball” offers, as tempting as they may be at the time.

Instead, contact an experienced personal injury attorney immediately. Let experienced personal injury counsel take care of preserving medical records, dealing with aggressive opposing counsel, attaining expert diagnoses, and dealing with the trucking company’s insurance company. These are important tasks that an only a highly experienced personal injury attorney can handle for you.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury as a result of a collision with a tractor trailer or 18-wheeler.

The seasoned Mississippi Trucking Accident Attorney at Barrett Law has the experience to take on defense attorneys and insurance companies that are focused on denying your compensation for your injuries.  Contact us now at (601) 790-1505.

 

 

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