Experienced Mississippi Whistleblower Lawyer Explains: 3M Pays $9.1 Million to Settle Qui Tam Lawsuit

As I have explained before, the False Claims Act is quite an old law. It was signed into law by Abraham Lincoln to prevent war profiteers from supplying the Army with faulty goods during the Civil War. As the saying goes, “the more things change, the more they stay the same.” What I mean by that is that the war profiteering problems that existed in the Civil War era persist today. As evidence of this, I have written the following blog post describing a recent case settle by 3M where they agreed to pay $9.1 million to settle a qui tam whistleblower claim that they supplied faulty earplugs to the United States Army. The government only became aware of the faulty earplugs because of a whistleblower’s brave work exposing the defective products.

Whistleblowers receive 15% to 30% of any recovery the government makes after prosecuting their case, and government contracts often run into the tens of millions of dollars, often making the whistleblowers’ rewards quite significant. The rich bounty program and robust legal prohibitions against retaliation are aimed at enticing employees with insider information regarding fraud to take the risk of reporting it to the government.

Do you know about fraud in the finance industry? Are you considering filing a whistleblower case?

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

The 3M Case

The Minnesota-based 3M Company will resolve allegations that it knowingly sold the U.S. military defective earplugs. To settle the case, 3M will pay $9.1 million, but will not admit to any wrongdoing. In this case, the whistleblower disclosed that the 3M Company sold dual-ended Combat Arms Earplugs, Version 2 (CAEv2) when it was aware that the earplugs had a defect that prevented their effectiveness. Specifically, 3M knew that the earplugs were too short and could loosen in a way that made them ineffective when used by military personnel.

The quote regarding the 3M settlement from the Army could have come from a Civil War general, as the interest in protecting troops from faulty equipment is as keen today as when the False Claims Act was first signed, “Today’s settlement will ensure that those who do business with the government know that their actions will not go unnoticed,” said Frank Robey, director of the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit, in a press release issued by the Justice Department. “Properly made safety equipment, for use by our Soldiers, is vital to our military’s readiness. Our agents will respond robustly to protect the safety of our military.”

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

Do you know about fraud occurring against the government? Are you considering filing a whistleblower case?  The reward for submitting a successful claim can be massive. In the 3M matter that I described above, the whistleblower will receive almost two million dollars.  But you will only receive this sort of reward with the help of an experienced False Claims Act attorney. The United States Department of Justice receives thousands of potential whistleblower claims each year, and only those that are reported in a way that triggers their interest are investigated.  Call Barrett Law now at (601) 790-1505 if you think you may be a whistleblower.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful qui tam case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

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Experienced Mississippi Personal Injury Attorney Explains Why Lane Splitting Is a Dangerous

I have recently seen a few cases involving motorcycles engaged in a practice called “lane splitting.”  Lane splitting is a dangerous practice that results in a significant number of motorcycle and automobile accidents here in Mississippi. I have written this blog post to explain lane splitting and what you should do if you are a motorist injured as a result of it.

But what is lane splitting? Lane splitting is when a motorcyclist rides between the two lanes of traffic between vehicles. If you have been startled when a motorcycle buzzed in between you and a moving car in another lane, you have experienced lane splitting but did not know its name. This applies to driving between two moving vehicles or two stationary vehicles.

If you have sustained an injury in as a result of lane splitting or any other unsafe driving, you must find experienced counsel to help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (601) 790-1505.

The Dangers of Lane Splitting

Like the vast majority of states, lane splitting is illegal here in Mississippi. In fact, it is only legal in California.  There is a good reason for its widespread prohibition, as lane splitting is both dangerous to motorcyclists themselves as well as the other motorists with whom they share the road.

Lane splitting is dangerous for many reasons, all of them having to do with the limited mobility and visibility it exacerbates. First, when a motorcycle occupies the same lane as another vehicle, they are very close. If either one has to swerve suddenly to avoid an obstacle or another vehicle, catastrophic collisions often occur.  Second, when a motorcycle shares a lane with an automobile, it often results in the motorcycle, which is usually already difficult for a driver to see, being in the automobile driver’s blind spot. As a result, the driver may change lanes without seeing the motorcycle and cause a collision. Third, when lane splitting occurs between stationary vehicles, such as in a stopped traffic scenario, the motorcycle has nowhere to go if a driver decides to open his or her door quickly. While usually, the motorcyclist could merely swerve to get away from the door, he or she is prohibited from doing that by a car parked in another lane of traffic.

What Should You Do If You or a Loved One Has Been in an Accident with a Motorcycle?

If you were injured in a motorcycle accident or an accident caused by a motorcycle, you might have a viable personal injury claim for any time you have been out of work, the costs of your treatment and rehabilitation, your pain and suffering, and other damages.  There was a time when few motorcycle riders carried insurance, but that is mostly no longer the case. As a result, recovering compensation for your injuries from an accident involving a motorcycle is not the challenge it once was.

Let experienced counsel take care of organizing your bills, attaining statements from expert witnesses, reviewing police reports, and dealing with the other parties’ attorneys. These are just a few of the critical, complex tasks that a personal injury attorney will handle for you while you concentrate on healing and getting back on your feet again.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury due to lane splitting or any other unsafe condition caused by motorcycles. Contact us now at (601) 790-1505.

 

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Experienced Mississippi BP Oil Spill Attorney Discusses Recent BP Oil Spill Workers’ Cases

I recently came across a case that folks here in Mississippi will find interesting. Here is a quick summary. Two oil spill cleanup workers filed claims under the BP Deepwater Horizon settlement. Due to an error made by the courthouse, they did not receive any notice that there were minor deficiencies in the manner in which their cases were filed. As a result, the courthouse rejected their filings but did not provide their attorneys with notice of that rejection, causing them to miss an important filing deadline.  BP moved to have their cases dismissed because they were not filed in time. The court rejected BP’s argument and allowed the cases to proceed.  I have provided a link to the case, FABIO CONCEPCION, v. BP EXPLORATION & PRODUCTION, INC., ET AL., below.

Were you affected by the BP Deepwater Horizon oil spill? Did you participate in the cleanup effort or come into contact with dispersants? Did you rent out your boat to those participating in the cleanup effort? Any of those activities may entitle you to a portion of settlement funds. If you think you are entitled to some of the BP Deepwater Horizon settlement, having experienced counsel help you attain your fair share is critical. Barrett Law has expertise in Gulf oil spill litigation and has the experience to help you through this process.  Contact us now at (601) 790-1505.

Lesson: BP Will Punish You for Mistakes, Even Minor Ones

Fabio Concepcion and Mickey Joseph Thiboudaux were named plaintiffs in a BP Oil Spill class action suit. Both had worked on the cleanup. They agreed to the terms outlined in the 2013 Settlement, which allows class members to later bring a lawsuit against BP if new injuries or illnesses came to light. But before a class member such as Concepcion or Thibodaux could exercise his rights, he would have to submit a legal notice of his intent to exercise his rights in a Notice of Intent.

According to the Settlement, class members had to give BP 10 days’ notice in their Notice of Intent before filing suit. Once the Notice of Intent was filed, BP would have 30 days to decide whether or not to pursue mediation. If BP chose not to mediate, class members would have up to six months to file a lawsuit.

Concepcion and Thiboudaux seemed to do everything right.  They filed complaints and received notice of BP’s decision not to mediate on May 9, 2017. This provided the men with six months to decide whether to sue, which they opted to do. Both men filed with the court within the deadline; however, the court clerk indicated that the men’s complaints needed to be refiled as individual lawsuits instead of one claim and rejected them.

The problem was that Concepcion’s and Thiboudaux’s counsel never received this information regarding rejection from the court.  As a result, both men missed the six-month deadline. BP denied coverage, and the men appealed BP’s denial. The good news is that the court reviewed the cases and determined the men’s cases could proceed, even though the men missed the six-month deadline by three days.

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 might be due compensation for your losses. You may have heard that it is too late to file a claim or that there is no longer a way to attain compensation for your damages. The only way to understand your options is to hire an attorney with extensive experience in getting BP Deepwater Horizon Oil Spill claims paid.

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 oil spill 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 Whistleblower Lawyer Explains Whistleblower Claims Under the Seaman’s Protection Act

Being a whistleblower attorney in a Gulf state, I receive many questions from fisherman, sailors, and other people who work aboard ships about whistleblower cases involving the maritime industry.  While I have discussed whistleblower cases falling under the False Claims Act extensively, those cases deal exclusively with fraud against the United States government. But what if a mariner becomes aware of a pattern of fraud or violations occurring aboard ship? These incidents are also subject to a whistleblower program, the Seaman’s Protection Act.  I have excerpted the Seaman’s Protection Act below and provided an overview of a recent $1 million whistleblower case brought under it.

Do you know about fraud in a maritime industry? Are you considering filing a whistleblower case? Call Barrett Law now at (601) 790-1505 if you think you may be a whistleblower.

The Seaman’s Protection Act

The Seaman’s Protection Act, 46 U.S.C sec. 2114, states:

Protection of seamen against discrimination

(a)(1) A person may not discharge or in any manner discriminate against a seaman because-

  • the seaman in good faith has reported or is about to report to the Coast Guard or other appropriate Federal agency or department that the seaman believes that a violation of a maritime safety law or regulation prescribed under that law or regulation has occurred;
  • the seaman has refused to perform duties ordered by the seaman’s employer because the seaman has a reasonable apprehension or expectation that performing such duties would result in serious injury to the seaman, other seamen, or the public;
  • the seaman testified in a proceeding brought to enforce a maritime safety law or regulation prescribed under that law;
  • the seaman notified, or attempted to notify, the vessel owner or the Secretary of a work-related personal injury or work-related illness of a seaman;
  • the seaman cooperated with a safety investigation by the Secretary or the National Transportation Safety Board;
  • the seaman furnished information to the Secretary, the National Transportation Safety Board, or any other public official as to the facts relating to any marine casualty resulting in injury or death to an individual or damage to property occurring in connection with vessel transportation; or

(G) the seaman accurately reported hours of duty under this part.

In summary, the Seaman’s Protection Act prohibits retaliation against any seaman who reports violations or maritime safety laws or regulations or who makes a report to the U.S. Coast Guard.

The 2018 Loftus Case

John Loftus was a captain in Alaska who brought against his employers, Horizon Lines and Matson Alaska.  Loftus reported a host of safety violations to the U.S. Coast Guard in 2013 and his employers promptly fired him in retaliation.  He brought a claim under the Seaman’s Protection Act as a result.

In 2015, an administrative law judge awarded Loftus over $1 million for back pay, punitive damages, emotional distress, attorney fees, and interest.  His former employers appealed to an Administrative Review Board, which acts as a court of appeals in this sort of claim.

On May 24, 2018, the Administrative Review Board again found in Loftus’ favor, specifically affirming $225,000 in punitive damages because “a large punitive damage award was necessary to deter and punish Horizon given its longstanding inaction addressing Loftus’s safety concerns, the chilling effect Horizon’s retaliatory actions likely had on other marine employees, and the harm it visited upon Loftus personally.”

Accordingly, if you are a fisherman, seaman, mariner, or anyone else who works aboard ships, you have a right to report safety or regulatory violations to the U.S. Coast Guard and other regulatory agencies. If you are retaliated against as a result of this report, you may be entitled to significant compensation.

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

Are you a sailor or fisherman aware of violations in the maritime industry? Are you considering filing a whistleblower case? Call Barrett Law now at (601) 790-1505 if you think you may be a whistleblower.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

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Experienced Mississippi Whistleblower Lawyer Explains Whistleblower Allowed to Proceed with Her Federal False Claims Act Case Against Home Health Agency

The False Claims Act was created to prevent war profiteering against the government during the Civil War. But I want to underscore the word “profiteering” as it applies to anyone who unjustly enriches themselves through a government contract. One area that I have seen a tremendous growth of False Claims Act cases here in Mississippi is health care, specifically regarding nursing homes. It may not be intuitive that fraud involving nursing homes implicates government contracting laws, but the vast majority of home health care is paid for by two government programs, Medicare and Medicaid. As a result, fraudulent activities in the home health setting often end up defrauding the government and make this industry ripe for whistleblower claims under the False Claims Act.

The False Claims Act provides tremendous rewards—15% to 30% of the amount recovered by the government—to whistleblowers. It also protects those who engage in whistleblowing from retaliation such as termination, discipline, or other negative conduct.  Because home health accounts for many millions of dollars in government contracts through Medicare and Medicaid each year, the reward for whistleblowers can be tremendous. Do you know about fraud in the home health care industry? Are you considering filing a whistleblower case? Call Barrett Law now at (601) 790-1505 if you think you may be a whistleblower.

Recent Positive Ruling for Home Health Care Whistleblower

On June 11, 2018, The Sixth Circuit Court of Appeals in United States ex rel. Marjorie Prather v Brookdale Senior Living Communities, Inc., et al., for Prather, the False Claims Act whistleblower. I have included a link to the entire case below if you would like to read it.

The Prather ruling is interesting for two reasons. First, it highlights how heavily regulated the home health care industry is. Second, it states that a knowing violation of those regulations can form the basis for a successful whistleblower claim under the False Claims Act.

One of the federal regulations governing home health care services, 42 C.F.R. §424.22(a)(2), states:

“[t]he certification of need for home health services must be obtained at the time the plan of care is established or as soon after that as possible and must be signed and dated by the physician who establishes the plan.”

“home-health agency to complete a physician certification of need after the plan of care is established, but…such a delay [is] acceptable only if the length of the delay is justified by the reasons the home-health agency provides for it.”

In a nutshell, a physician must sign and date a home health care client’s care plan before the company submits the bills for the care to the government, Prather reported to the government that her home health care company was not getting the appropriate signatures before submitting bills. She lost her initial case, and the district court found that her allegations were insufficient to substantiate a claim under the False Claims Act.  The good news is that the 6th Circuit Court of Appeals disagreed, finding that her allegations of regulatory dishonesty created a sufficient basis for a claim. In False Claims Act terminology, the Court of Appeals found sufficient “materiality.”

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

Are you aware of fraud in the home health care industry? Are you considering filing a whistleblower case? Call Barrett Law now at (601) 790-1505 if you think you may be a whistleblower.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful False Claims Act case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

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Experienced Mississippi Personal Injury Attorney Explains Who Can Bring a Wrongful Death Suit

When someone dies, the deceased’s family is often flooded with a variety of emotions. I frequently spend time with clients who have lost a loved one who are tremendously sad and angry. They are often financially devastated by the medical bills accompanying their loved one’s death, as well as a loss of income.  If another party’s negligence caused the death, then a wrongful death suit may be a fruitful avenue for attaining compensation for those losses. I have helped many Mississippi families understand the legal basis for a successful wrongful death lawsuit and can help you too.

If your loved one has been killed, you must immediately retain experienced counsel to help you attain your fair share of compensation for your loss. Barrett Law has the experience to help you, contact us now at (601) 790-1505.

What is a Wrongful Death Case and Who Can Bring One in Mississippi?

In Mississippi, wrongful death is defined as killing anyone “by any real, wrongful or negligent act or omission.” That is broad language, but it generally means that a person must be killed as a result of either an ill-intended act or an error that that he or she could have anticipated and avoided.

Obviously, the deceased person cannot bring a wrongful death suit on his or her behalf.  But who can file the lawsuit?  Wrongful death cases in Mississippi must be brought under statute § 11-7-13, Actions for Injuries Producing Death. That statute lays out a fairly complex network of familial relationships that govern who can file a wrongful death lawsuit on behalf of the deceased.

The action for such damages may be brought in the name of the personal representative of the deceased person or unborn quick child for the benefit of all persons entitled under the law to recover, or by widow for the death of her husband, or by the husband for the death of the wife, or by the parent for the death of a child or unborn quick child, or in the name of a child, or in the name of a child for the death of a parent, or by a brother for the death of a sister, or by a sister for the death of a brother, or by a sister for the death of a sister, or a brother for the death of a brother, or all parties interested may join in the suit, and there shall be but one (l) suit for the same death which shall ensue for the benefit of all parties concerned, but the determination of such suit shall not bar another action unless it be decided on its merits.

That is a long confusing sentence, but it boils down to the fact that immediate family members—husbands, wives, children, sons, daughters, brothers—can bring wrongful death lawsuits on behalf of their family members. But that right is limited to immediate family members, so an uncle could generally not bring a suit on behalf of a nephew, a cousin could not bring a suit on behalf of another cousin, nor could a grandchild bring a suit on behalf of a grandparent. The one exception to this is that a person’s legal representative can bring it on their behalf. Generally speaking, only immediate family members can bring a wrongful death suit on behalf of their immediate family.

What Should You Do If You or a Loved One Has Been Injured?

If your loved one was killed, you might have a viable wrongful death claim against the person responsible for their death if the death was caused negligently or wrongfully. Let experienced counsel take care of attaining statements and analysis from expert witnesses and dealing with the automobile company’s legal team. These are essential tasks that a personal injury attorney can handle for you while you concentrate on grieving.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you think you have a wrongful death claim on behalf of a loved one. Contact us now at (601) 790-1505.

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Experienced Mississippi Worker’s Compensation Attorney Discusses Notices of Compensation Payable

People here in Mississippi come into my office sometimes years after a workplace accident and wonder whether they can recover some money as a result. Sadly, the answer is often “no.”  What I tell clients is that if you get hurt at work, demand that your employer or the insurance carrier issue something called a “Notice of Compensation Payable” which is a formal acknowledgment that your injury is covered under workers’ compensation. If you do not receive that document, then you likely have no legal protection for your injury now or in the future.

If you or a loved one has been injured in the workplace, you must contact an attorney experienced in worker’s compensation immediately.  Your health, finances, and well-being are at stake. Barrett Law has the experience to help you during this difficult time.  Contact us now at (601) 790-1505.

What Should You Do If You Are Injured in the Workplace?

The most important thing I can stress is that you must report your injuries to your employer.  You have quite a while to do it—120 days. Your employer then must report your injury to the Mississippi Worker’s Compensation office, usually through their workers compensation insurance company. Your employer has 21 days to either agree to cover the injury or to deny coverage.  If they decide to pay for the injury, they will issue a Notice of Compensation Payable. If they refuse to pay for the injury, they will issue a Notice of Compensation Denial.

What Is a Notice of Compensation Payable?

If you are injured in a workplace accident, that injury will not be legally covered under workers’ compensation unless you receive a Notice of Compensation Payable. A Notice of Compensation Payable is a document where your employer legally and formally knowledges that the injury you suffered was work-related. Without it, there is no legal connection between your injury and the workplace; accordingly, there will be no duty to pay for your treatment through the Mississippi worker’s compensation program. This makes sense, as a dishonest employee could easily allege years later that a shoulder injury incurred while water skiing on the weekend was caused in the workplace. Without some documentation acknowledging the injury by the employer, its cause and the question of whether your employer ever agreed to pay for your treatment, would be a matter of dispute.

It is not uncommon for employers to do nothing when an injured employee has missed time from work, even when an employee is released by the workers’ compensation doctor to work in a modified duty capacity. Sometimes, the employer will go so far as to pay for an employee’s medical care after a workplace injury. None of this makes the company liable for compensating the employee for his or her injuries, only a Notice of Compensation Payable does that.

Employers and insurance companies are aware that employees often do not know whether their claim has been accepted.  An employer’s decision to pay for medical treatment often seems to indicate that the claim was in fact approved. This is not the case, as only a Notice of Compensation Payable will suffice.

What Should You Do If You or a Loved One Has Been Injured at Work?

If you or a loved one has been injured at work, contact an experienced worker’s compensation attorney immediately. As the above article explains, there are intricacies to the worker’s compensation process such as Notice of Compensation Payable that are not intuitive. Your employer has legal help on their side, and you will need seasoned help to collect evidence, to deal with your employer’s counsel and insurance carrier, and to attain expert medical opinions. These are tasks that a worker’s compensation attorney can handle for you while you concentrate on healing and getting back on your feet.

Call Barrett Law now, an experienced Mississippi worker’s compensation law firm, to represent you if you or a loved one has been injured at work. Contact us now at (601) 790-1505.

 

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Experienced Mississippi Personal Injury Attorney Explains Conditions that Lead to Tractor-Trailer Rollover Accidents

Accidents involving tractor-trailers are some of the most devastating that I see as a personal injury attorney here in Mississippi. This is mainly due to the tremendous difference in a tractor trailer’s mass versus that of an average passenger car. Tractor trailer rollovers, where the truck rolls onto its side or even upside down, can be particularly deadly because the tractor-trailer has no control over its movement and often impacts with more than one vehicle because of its tremendous size. I wrote the following blog post to help those who have questions about how and why tractor-trailer rollovers occur and what you should do if you are injured as a result of one.

If you have been injured, you must find experienced counsel to help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (601) 790-1505.

Truck Rollovers

The National Highway Traffic Safety Administration (NHTSA) indicates that more than 1,300 tanker truck rollover accidents occur in the United States yearly. Fatalities result from 60 percent of these accidents.

The high center of gravity on tractor trailers makes them more susceptible to overturning.  Certain loads, such as liquids that slosh back and forth in tanker trucks, increase this susceptibility even more.  Many other factors make a tractor-trailer more likely to overturn, listed below:

Road conditions—Truckers must stop or stay off the road when roadway conditions are too dangerous. Slick, wet, and icy roads dramatically increase the chances of a tractor-trailer rollover, as do certain construction conditions when the road surface is torn up or being repaved.

Speed—Driving too fast than conditions or roadway will allow is a primary cause of tractor trailer rollovers.  Taking curves too fast, including highway off and on-ramps, can cause truck’s loads to pull them over.  Tractor trailer drivers have to drive at a speed that will keep their trucks on the road and protect other motorists, and that does not necessarily allow them to go the speed limit.  Often the safe speed for tractor trailer is 10 miles per hour slower than the posted speed limit.

Partial Loads—It may be a bit counterintuitive, but partial loads where the truck is under capacity are more dangerous than full loads where the truck is at its weight capacity.  Partial loads are hazardous for two reasons. First, the partial load may be unevenly loaded, making the trailer unsafely heavy in one area and too light in another; this can lead to fish-tailing or swaying. Second, a full load leaves little room for movement, while a partial load can shift if it is not carefully secured.  A shifting load can also cause fish-tailing or swaying. Either way, a swaying trailer can ultimately result in a loss of control.

Truck maintenance–All of the tractor trailer’s mechanical parts, as well as the equipment required to hold the load in place, must be maintained appropriately. Even if a load is packed correctly, a broken load strap that allows the load to shift could result in a rollover.

What Should You Do If A Dangerous Roadway has Injured You or a Loved One?

If you have been injured in a truck rollover accident in Mississippi, the attorneys at Barrett Law will thoroughly investigate the circumstances and causes of the crash and help you receive the compensation that you deserve. Let experienced personal injury counsel take care of preserving medical records, attaining expert opinions regarding the trucker’s driving, and dealing with opposing attorneys. These are essential tasks that a personal injury attorney can handle for you while you concentrate on healing.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury due to a tractor trailer rollover. Contact us now at (601) 790-1505.

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Experienced Mississippi Personal Injury Attorney Explains Common Workplace Injuries for Office Workers

When people hear the term “workplace injury,” they often think of a blue-collar worker getting crushed by a forklift, an iron worker falling from a steel building’s frame, or a factory worker’s hand mangled by spinning machinery.  While all of these images depict real workplace injuries, they all suggest an industrial workplace with employees who work with their hands. In fact, a large percentage of my clients here in Mississippi are white collar or office workers who work in front of computers, in cubicles, or in other workplaces where the work is not primarily physical. A wide range of workplace injuries occur in offices and employees injured in these settings are due compensation for their injuries, loss of work, and pain and suffering.

I wrote the following blog post to help individuals injured in the office work environment understand the types of injuries I commonly see arising from their work environments and what can be done to receive compensation.

If you have sustained an injury in an office setting, you must find experienced counsel to help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (601) 790-1505.

Common Office Accidents

Ergonomic injuries. Office workers spend most of their time seated at a desk in front of a computer. This seems low impact, but there are multiple injuries caused by body positioning, or “ergonomics,” that place their health at risk.  After many months or years of repeated motion in poor ergonomic conditions can give rise to injuries related to posture, eye strain, and repetitive movements. Carpal tunnel syndrome, a debilitating wrist condition, is a classic example of this sort of repetitive motion injury.  Like a factory owner providing his employees with eye protection and gloves, white collar employers should provide their employees with a variety of chairs, keyboards, and desks. Employers should also instruct employees how to adjust these items for the most ergonomic use.

Slip-and-fall. The most common office accidents involve slipping and falling. While in a factory a slip and fall may be caused by hydraulic fluids on the workspace floor, slip and falls in an office setting are most usually caused by the tangle of cords associated with various office electronic products. Similarly, uneven surfaces, poor lighting, unmarked wet floors, and unsecured carpeting can result in office workplace injuries. Employers must prevent these injuries by minimizing and alerting employees to these hazards and raising awareness that they exist.

Lifting heavy objects. How often have you been asked to lift a box of photocopier paper, replace the water jug on the office water cooler, or lift a new piece of electronic equipment that arrived at the office?  Anyone of these objects can strain or otherwise injure an office employee’s back. Back injuries can be debilitating and are extremely difficult to treat. Employers have to warn employees if they are asked to do the heavy lifting and instruct them how to lift heavy objects if this is a part of their job. Employers can minimize these injuries by encouraging employees to call facilities workers to do the heavy lifting and by supplying dollies or heavy lifting tools.

Falling objects. It seems like every office has a supply closet stacked to the ceiling with bulky and oddly shaped supplies.  I have seen multiple employees as clients who have had objects of this nature fall onto them, causing head injuries and falls.  Employers should supply appropriate step ladders to prevent this sort of accident and should prohibit the stacking of objects high in closets in a way that could injure employees.

What Should You Do If You or a Loved One Has Been Injured?

If you were injured in an office workplace, you likely have a worker’s compensation claim for any time you have been out of work and any costs of your treatment and rehabilitation. If your employer injured you negligently, you might also have a personal injury claim for your injuries and pain and suffering. Let experienced counsel take care of attaining statements and analysis from expert witnesses and dealing with your employer’s legal team. These are essential tasks that a personal injury attorney can handle for you while you concentrate on healing.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury in an office accident. Contact us now at (601) 790-1505.

 

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Experienced Mississippi Personal Injury Attorney Discusses Negligence and Causation in Pedestrian Accidents

As someone who has handled personal injury cases here in Mississippi for a long time, I have seen more than my share of tragedy. Consistently, some of the most serious injuries I see occur when a pedestrian is hit by an automobile or truck. Clients sometimes think that these are particularly easy cases, which is a misconception. There are often multiple defendants—the driver, any other drivers that may have instigated the accident, the government agency responsible for building and maintaining the roadway in question, even the car company—and the actual cause of the crash is often vigorously disputed.  Accordingly, my clients tend to be very thankful that I have extensive experience defending injured parties in pedestrian accident cases. Because I often receive questions about how to handle this situation, I have written the following blog post.

If you or a loved one was injured or killed, you must contact an attorney experienced in representing families in pedestrian accident cases immediately. Dealing with opposing attorneys and insurance companies is no simple task, and your loved one’s health, finances, and well-being are at stake. Barrett Law has the experience to help you during this difficult time.  Contact us now at (601) 790-1505.

Pedestrian Accidents

You do not have to be a physicist to understand why pedestrian accidents are so severe—a car weighing many thousand pounds, moving at a high rate of speed hitting a 100 to 200-pound person moving slowly is bound to create a tremendous amount of force on the pedestrian’s body.

Under Mississippi law, it is not enough that a pedestrian was just hit by a car to collect damages. The pedestrian must also demonstrate legally that there was negligence involved and that the collision injured them. Negligence is proven when a driver knows or should have known of some risk and fails to avert it.  So if a driver is operating his vehicle while intoxicated or driving at night without headlights, he (or a reasonable person under the circumstances) should have been aware that that behavior was likely to result in some harm.

The above accident descriptions are fairly straightforward examples; the drivers were behaving in a way that was obviously negligent. Accidents are not always that clear, however. What if the driver is driving responsibly down the road and makes a right turn at a heavily wooded intersection, and because of the heavily potholed road and bushes fails to see a pedestrian crossing the street?  The driver that injured the pedestrian is likely to claim that he or she was driving responsibly—not negligently—and it may be difficult to prove otherwise. That said, the true cause of the accident may not be the driver at all. The municipality might be the negligent party if they failed to maintain the road and cut back bushes in a way that protected pedestrians. The negligence argument against the municipality would get stronger if this were the third accident at that intersection or if the municipality had received complaints about how dangerous it was.  Basically, the more a party is aware—or “on notice”—of a danger, the stronger the claim of negligence is for ignoring that danger.

What Should You Do If You Are Injured in a Pedestrian Accident?

If you or a loved one has been hit by a car while walking, contact experienced personal injury counsel immediately. Collecting evidence of the accident, dealing with opposing counsel, and attaining expert opinions about the scene are essential tasks that a personal injury attorney can handle for you while you concentrate on making sure you or your family member recovers.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if your loved one has been injured. Contact us now at (601) 790-1505.

 

 

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