Experienced Mississippi Whistleblower Lawyer Explains Anti-Kickback Statute’s Statutory Safe Harbors

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The Anti-Kickback Statute is a federal law that penalizes those who intentionally pays or asks for goods, benefits, or money in exchange for referrals or payments for products or services reimbursable under a federal health care program. In a nutshell, it punishes people who offer or accept bribes for some advantage in health care contracting.  Congress enacted the Anti-Kickback Statute in 1972 “to protect patients and the federal health care programs from fraud and abuse by curtailing the corrupting influence of money on health care decisions.”

 

If you are considering becoming an Anti-Kickback Statute whistleblower here in Mississippi, you need to understand that not every exchange of money or good in the health care field is a kickback; there are “safe harbors” that allow companies to engage in financial relationships legally.  To understand this law, you will need the help of an experienced whistleblower attorney.  Contact Barrett Law now at (601) 790-1505 to attain the guidance you require.

Anti-Kickback Safe Harbors – The Basics

You may be asking, “what is a safe harbor”?  In law, a safe harbor is specifically proscribed conduct that is safe from prosecution.  For example, it is generally illegal to possess a rhino tusk. However, if the tusk is needed for medical research and is registered with the Department of Justice, a safe harbor may allow scientists to possess it legally. But if the scientist took the tusk home after the testing was done, he would “leave” the safe harbor and would be subject to possible prosecution.

Statutory Safe Harbors:

Some of the prominent statutory safe harbors in the Anti-Kickback Statute include:

Discounts

“[A] discount or other reduction in price obtained by a provider of services or other entity under a Federal health care program if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity under a Federal health care program.”

Written Contracts

“Payments based on valid written contracts from vendors of goods or services to authorized federal health care program purchasing agents, where the relevant providers of services disclose the amount received from each vendor, also qualify for safe harbor protection.”

Employment Contracts

“[A]ny amount paid by an employer to an employee (who has a bona fide employment relationship with such employer) for employment in the provision of covered items or services.”

When you take these provisions together, it means that money can change hands without it being unethical under the Anti-Kickback Statute. But the exchange of money must represent a legitimate payment, or reduction in payment, that is clear, in the open, and available to other market participants.  It is when the payment or exchange is secret and between limited parties that ethical issues arise.

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

Are aware of fraud occurring in the healthcare industry? Are you considering filing a whistleblower case under the Anti-Kickback Statute?  The reward for submitting a successful claim can be massive. But you will only receive this sort of award with the help of an experienced False Claims Act attorney. The United States government receives thousands of potential whistleblower claims each year, and only those that are reported in a way that triggers their interest are investigated.  Careful pleading is key to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (601) 790-1505.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful Anti-Kickback Statute 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 Dental Malpractice

If you are like me, you do not look forward to going to the dentist’s office. Whether it is a just a routine cleaning or a root canal, it is rarely any fun. That said, I appreciate my dentist and the professional work he does to keep my teeth clean. But what if your dentist was not as professional as mine and was merely looking at your mouth as a gold mine? This happens, and some dentists cut corners by allowing undertrained staff to perform procedures they not certified to complete, while other dentists make mistakes due to overwork or addiction issues. What should you do if your dentist’s negligence injured you?

If you have sustained an injury as a result of a dentist, you are due compensation for your pain, trauma, loss of income, and injuries. Barrett Law has the experience to help you if you—contact us now at (601) 790-1505.

What is Dental Malpractice?

Dental malpractice is based on a negligence standard. As I have stated in other blog posts, negligence is established when a person has a duty to a person, such as a patient, and fails to protect that patient from a harm that he knew of or should have known of.  In dentistry, it occurs when a dentist deviates from the community’s accepted standard of dental care, and a patient is injured as a result of the deviation.

Forms of Dental Malpractice Vary

In my practice, I have seen a wide variety of deviations from a reasonable standard of dental care.  Most commonly, I see infections caused by non-sterile dental equipment, needless tooth extractions, failures to diagnose periodontal disease, wrongly administered anaesthesia, and general misdiagnosis of dental conditions that result in ongoing pain and suffering. Many dental problems stem from dentists who allow hygienists and other para-professionals to perform tasks that only a dentist should do.

Filing a Dental Malpractice Suit

Dental malpractice requires the help of an experienced personal injury attorney. To present a case that the dentist in question deviated from a standard of care that resulted in harm, a personal injury attorney will have to take depositions, hire expert witnesses, and subpoena records.  These tend to be contingency fee cases, meaning that, as the client, you will not have to pay anything for your representation unless you win your case. Your attorney will have to show that the dentist in your case took a course of treatment that was not reasonable under the current treatment protocols in use in your community or that he or she failed to treat a dental condition that was another dentist would have been reasonably expected to notice and treat.

What Should You Do If You or a Loved One Has Been Injured Due to a Dental Procedure?

If you or a loved one was injured due to a dentist’s negligence, you should contact an experienced personal injury lawyer immediately to discuss whether you have a viable personal injury claim for your injuries, any time you have been out of work, the costs of your treatment and rehabilitation, your pain and suffering, and other damages. This is my area of expertise.  Let me take care of organizing your bills, attaining statements from expert witnesses, and dealing with the dentist’s attorneys. These are just a few of the critical, complex tasks that a personal injury attorney will handle for you while you heal from your dental injuries.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury because of a dentist’s negligence. Contact us now at (601) 790-1505.

 

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Experienced Mississippi Personal Injury Attorney Explains Scaffolding Injuries

With all of the construction occurring here in Mississippi, I increasingly see buildings wrapped in scaffolding.  Scaffolding is one of the cheapest and easiest tools construction workers can use to access elevated projects. While I increasingly see workers using restraints and other safety tools, I also know that working on scaffolding is incredibly dangerous work that all too frequently results in injuries.

If you have sustained an injury in as a result of working on scaffolding, 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.

Scaffolding Safety Information

According to the Occupational Safety and Health Administration (OSHA), 65% of the 2.3 million construction workers in the United States work on scaffolding. More than 4,500 injuries and some 60 deaths occur annually from scaffolding accidents. This costs businesses almost $100 million in lost wages and compensation.

Why is Scaffolding Dangerous?

Nearly all scaffolding accidents are preventable. Scaffolding is simply a platform elevated above the ground, located in close proximity to a building under construction, painting, or maintenance.  Scaffolding is temporary and often moves as the work progresses.  This mobility comes with a balancing of risks—the more movable the scaffolding, often the less stable it is. Similarly, scaffolding is often moved from worksite to worksite without proper maintenance or repairs; as a result, it becomes worn and unsafe over time. Finally, employers often do not provide employees with adequate training or safety gear; a lack of training, inadequate safety gear, and extreme heights can combine to cause severe injuries and death.

Types of Scaffolding

There are three primary types of scaffolding used in the construction industry:

Supported—this is the most common type of construction scaffolding.  It is made of platforms, usually made of wooden boards, suspended within a frame of poles, pipes, or heavy beams.  Some scaffolding is attached to the building being worked on, while other types are freestanding or even have wheels.

Suspended—this type of structure is less common and involves ropes or wires supporting a platform from above.  This type of scaffolding is commonly used by window washers, bridge workers, and other workers who need to access extremely high buildings that are inaccessible through traditional ground-based supported scaffolding.

Machine—Scissor lifts, cherry pickers, and “man lifts” are frequently used for short-term projects like changing high lightbulbs or quickly accessing elevated areas of a building for a repair.

Overview of Scaffolding Safety

The employer must conduct regular safety checks of all scaffolding. If the scaffolding is unstable, it must be inspected. If the employer moves the scaffolding to a different location or job site, the process must be repeated.

Every single worker that uses the scaffolding at all must be trained in proper scaffolding use. For example, employees must be informed that spills must be cleaned up immediately. On scaffolding, even spilled water can be hazardous, as any wet surface or debris can result in a fall.

Each scaffold’s load limit should be marked so employees can quickly determine how much is allowed on the structure, and scaffolding should never be overloaded. Employees must be trained so that they understand what load limits mean and how they apply to scaffolding.

After a construction project’s conclusion, rigging, platforms, and other structural elements must be inspected for damage or loose parts. Scaffolding should be cleaned and repaired after each job.

If you have been injured in a scaffolding accident, one or more of these issues may have resulted in your injury.  If your employer did not appropriately supervise, outfit, and maintain your worksite, you may be due significant compensation for your injuries.

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

If you were injured in a scaffolding accident, 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. Let experienced counsel take care of organizing your bills, attaining statements from expert witnesses, 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 a scaffolding accident. Contact us now at (601) 790-1505.

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Experienced Mississippi Personal Injury Attorney Explains: Failure to Monitor Errors

When you go to a medical clinic, a hospital, or any other medical facility, you may think that the operation or procedure you are undergoing poses the greatest danger to your health. While there is risk in any procedure, here in Mississippi I see a large number of injuries occur as a result of a “failure to monitor” a patient after a procedure is completed. So while a failure to monitor a patient may seem benign compared to a procedure that goes wrong, the results can be just as harmful and even fatal.

What is a Failure to Monitor Error?

Many medical procedures require some sort of monitoring after the procedure is complete. That requirement is the reason why you are not just immediately discharged after a medical procedure. Instead, you usually sit and rest for a period of time and your vital signs are taken periodically. There are many examples of procedures requiring this sort of period of monitoring, including any procedure requiring anesthesia, dialysis, child birth, and procedures requiring multiple drugs that interact. Other situations requiring monitoring are less acute, such as the monitoring of an elderly person who is confined to a bed to make sure he or she does not develop bed sores.

The responsibility of monitoring a patient is spread across the medical facility, but includes the physicians involved, nurses, and other medical professionals charged with monitoring a patient’s health and safety.

What is Negligence?

You are not necessarily due a settlement simply because you something unfortunate occurred in the course of your medical care, and 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 health care professional or health care-associated establishment fails to provide care in line with the generally accepted standards, and the individual is injured as a result. To establish negligence based on a failure to monitor you will have to show:  a) you were under the care of a medical professional; b) the medical professional failed to meet the “standard of care” for monitoring you; and c) you were injured as a result of that failure.

What Does the “Standard of Care” Mean for Monitoring?

Simply put, malpractice occurs when the patient’s medical care does not meet current medical standards. You do not necessarily need to be monitored constantly; however, there is a standard for how often your vital signs are to be taken and how soon you are to be sent home. If a medical professional fails to meet that standard, their behavior is considered negligent.

What Should You Do If You Were Injured as a Result of a Failure to Monitor?

Serious infections, injury, and even death can result from a medical professional’s failure to monitor you adequately in conjunction with a medical procedure. You deserve compensation. Contact an experienced personal injury attorney immediately and 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.

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 us now at (601) 790-1505.

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Experienced Mississippi Personal Injury Attorney Explains: Needle Stick Malpractice Claims

One of the most common forms of medical malpractice that I see here in Mississippi is from “needle sticks.” This sounds benign, but the negligent pricking or cutting of a patient can lead to serious infections and disease. Those are serious consequences, and that consequence is compounded when a person loses their livelihood and lifestyle as a result of a needle stick. Even worse, needle sticks are commonly the result of avoidable malpractice.

Needle Sticks

According to the Centers for Disease Control, or CDC, there is a tremendous needle stick problem in the United States:

The Centers for Disease Control and Prevention (CDC) estimates that about 385,000 sharps-related injuries occur annually among health care workers in hospitals…It has been estimated about half or more of sharps injuries go unreported. Most reported sharps injuries involve nursing staff, but laboratory staff, physicians, housekeepers, and other health care workers are also injured.

A sharps injury is a penetrating stab wound from a needle, scalpel, or other sharp object that may result in exposure to blood or other body fluids. Sharps injuries are typically the result of using dangerous equipment in a fast-paced, stressful, and understaffed environment. These strenuous demands often produce feelings of fatigue, frustration, and occasionally anger. In the operating room, for example, health care personnel do not have the luxury of “taking a break,” but must continue with their duties until the procedure is completed. These conditions can increase the risk of injury and infection for health care workers.

Health care workers may also incur injuries from improper procedures, such as passing sharps hand-to-hand between team members, placing sharps in a disposal container, or failing to use a safer sharps device. A report from the Exposure Prevention Information Network (EPINet) found that nearly half of all sharps injuries occurred during use of the sharp, and of the nearly 40% of needle injuries which involved a safety designed needle, the majority occurred before activating the safety device. Moreover, the report also showed that many sharps injuries occurred in patient rooms among nurses and operating rooms among surgical team members.

As I said above, the consequences of needle sticks can be extreme. Common consequences are Methicillin-resistant Staphylococcus aureus (MRSA), Herpes, Human Immunodeficiency Virus (HIV), Syphilis, Maralaria, Typhus, Spotted Fever, and many more. That is a list of potentially life-threatening infections.

 

What is Negligence?

Believe it or not, accidents do happen in the medical environment. You are not due a settlement simply because you were stuck with a needle at the wrong time. However, 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 health care professional or health care-associated establishment fails to provide care in line with the generally accepted standards, and the individual is injured as a result. To establish negligence based on a needle stick you will have to show:  a) you were under the care of a medical professional; b) the medical professional failed to meet the “standard of care” for the handling of needles or for a safe workplace; and c) you were injured as a result of that failure.

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 perform the correct procedure at the right time, a failure to adequately supervise or train nurses and other support staff, or poor sanitation within the medical environment.

Needle prick injuries can be caused by a number of different factors. Poor medical facility sanitation, lack of staff training, overworked staff, improperly administered protocols, and poor record-keeping.  Each of these areas has an associated standard care that medical professionals must meet.

What Should You Do if You Were Stuck by a Needle at Work?

I sometimes speak with Mississippi clients who have received an offer to settle their case after a needle stick causes a dangerous infection; they are sometimes offered a quick settlement 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 us now 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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Experienced Mississippi Personal Injury Attorney Explains: Whiplash Is Real

We have a long history of representing the people of Mississippi who have been injured in car accidents. The most common injury they experience is whiplash, an injury often caused by the neck extending violently, often as the result of a rear-end collision. There is no one tell-tale whiplash symptom, but our clients routinely complain of the sudden onset of neck stiffness, dizziness, neck pain, headaches, decreased range of motion in the neck, numbness, blurred vision, disrupted sleep, and memory problems to name just a few.

Whiplash’s Causes

You have ligament the runs down the surface of your spine that gives your neck stability. Your head weighs about the same amount as a bowling ball. When you are in a car accident, your head violently extends forward or backward, causing that weight’s momentum to stretch or tear that ligament. That stretching or tearing is whiplash. The damage can be compounded if the head’s momentum also pulls against other muscles in the back and neck, spraining or tearing them as well. In extremely serious cases, the whipping of the spine can also result in damage or cracking of vertebrae in the neck and back.

Whiplash Treatment

Most forms of whiplash are treatable. If you follow your doctor’s directions, you should be able to recover from whiplash received in a car accident. Most treatments involve icing, heat, over the counter and prescription pain killers, and exercises aimed at restoring flexibility to your neck ligaments. While a popular prop in television shows, doctors usually urge patients to avoid immobilizing the neck with devices like a foam neck ring are to be avoided. When you completely immobilized the neck, the ligaments can tighten, and flexibility may not be restored.

Usually, by carefully following the advice of a medical professional, your whiplash injury should resolve within a few months. Unfortunately, this is not always the case, however, and other accident victims are forced to live with pain for longer, sometimes even permanently.

Financial Compensation for Whiplash Injuries

Whiplash is a serious injury that, while usually only temporary, can cause pain, discomfort, and work absences. To have a valid claim, you will need to seek medical attention immediately after your car accident. Waiting too long may result in an insurance company denying your claim, alleging that your injuries were caused by some subsequent event.  You can receive compensation for loss of work, out of pocket medical expenses, and any sick time you used as a result of your injury. You may also receive some compensation for your pain and suffering, although that is usually quite limited in a whiplash case. Regardless of how serious your injury and how significant your financial losses, your best bet is to contact an experience Mississippi personal injury lawyer to review your case.

What Should You Do if You or a Loved One is Injured In a Car Accident?

If you or a loved one has been injured in a car accident, either an insurance claim or lawsuit may be your best tool for receiving the compensation you deserve. Receiving that compensation will require consultation with an experienced personal injury attorney.  Getting your whiplash injury assessed competently and quickly is vital, and hiring counsel lacking specific experience with Mississippi‘s laws will lead to frustration and a settlement that is a fraction of what you deserve—if you receive anything at all.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you or a loved one has been injured.

Contact us now at (601) 790-1505, to get experienced counsel on your side.

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Experienced Mississippi Personal Injury Attorney Explains: “Negligent Hire” Claims Against Trucking Companies When an Accident Occurs

We represent parties injured in trucking accidents. Commercial trucking is a highly regulated industry, but, like in any industry, accidents are more likely when companies cut corners. Because there are so many truckers logging so many miles, accidents caused by those regulatory shortcuts become a statistical certainty. If you or a loved one has been injured as a result of trucking accident call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you at (601) 790-1505.

This blog post provides a useful overview of the possible claims to be made in the event of a trucking accident.

Negligent Hiring

Not everyone can be a commercial truck driver. Federal regulations aim at allowing only those qualified and safe behind the wheel. To satisfy these federal regulations, a driver must be physically fit and must have passed a DOT physical at hiring and every two years thereafter. A commercial driver also must have a commercial driver’s license, or CDL, which requires that the driver must have passed a specialized test. A driver must also pass drug and alcohol tests. Finally, the company should perform a thorough background check to assure that the driver has a record of safe driving.

There is a commercial driver shortage in the United States and companies are having an increasingly difficult time finding qualified drivers. As a result, some cut corners and put drivers behind the wheel that do not meet the above qualifications. Those regulations exist for a reason, however, and sometimes these unsafe drivers cause accidents.  When they do, a claim of “negligent hire” arises.

Many trucking accidents are caused by drivers who are distracted, fall asleep or are under the influence of drugs. These are conditions that may have been detected in a physical, a drug test, or through a review of their driving record. If a company has put this driver on the road either because they failed to perform these necessary reviews or performed and then ignored them, then a claim of negligent hire is appropriate.

Obviously, neither the truck driver nor the trucking company is going to admit that they cut a corner after an accident resulting in injury. That is why contacting an experienced trucking accident attorney is vital. Once your attorney files a claim, he or she can either request “production” of the documents that should certify whether the federal requirements regarding trucker licensure have been met upon hire and renewed as required. He or she can also “subpoena” records, which is another word for using the power of the court to demand production. Either way, a legitimate trucking company should have a full complement of certification documents for every driver. Those records, if they exist, will be vital to a successful negligent hire claim.

What Should You Do if You or a Loved One is Injured In a Trucking Accident?

If you or a loved one has been injured or killed as a result of a trucking accident, a negligent hire claim may be your tool for receiving the care and compensation you deserve. Receiving that compensation will require consultation with an experienced trucking accident attorney. Hiring counsel lacking specific experience with Mississippi‘s laws will lead to frustration and a settlement that is a fraction of what you deserve—if you receive anything at all.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you or a loved one has been injured.  Let our seasoned Mississippi Personal Injury Attorney make a difference for you!  Contact us now at (601) 790-1505 to get experienced counsel on your family’s side.

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Experienced Mississippi Personal Injury Attorney Explains How Employers are Responsible for the Employees’ Actions Under Vicarious Liability

When a person is injured in an accident with a vehicle owned by a corporation, it is rarely the corporation’s CEO that was at the wheel. In that scenario, the minimum wage earning employee that caused the accident is unlikely to have the funds to compensate the injured person. So how does a person hold the company financially responsible for the injuries caused by that employee? Legally, the concept of the transfer of liability from the company to its employees is called vicarious liability. In a nutshell, that means that an organization is liable for the actions of those who act on its behalf.

If you were injured in an accident, contact an experienced Mississippi personal injury lawyer immediately. Being compensated for your injuries is a complex process and is not one you should go through alone. Hiring an attorney who “dabbles” in personal injury work will likely result in you getting a reduced settlement if you get one at all.

Respondeat Superior

The legal theory of respondeat superior means that an employer company is legally responsible for its employees’ actions while they are working on the company’s behalf. A case can be based on respondeat superior when the employee was negligent in the performance of his or her duties. For example, if an employee drinks and then drives a company vehicle to run an errand, causing an accident, the victim of that accident would have a strong argument that that employee acted unreasonably and caused them harm. Because that unreasonable act occurred within the context of employment, the employer would also be responsible for any of the employee’s harm. The same argument would likely not be successful against the company if the employee drank and then jumped in their own car to drive home from work, as that scenario did not occur within the employment context. The context in which the harm occurs, proving negligence, and proving the employee/employer relationship are separate legal challenges in every respondeat superior negligence case. Experienced personal injury counsel will likely work with you to establish that each requirement is met before bringing a claim.

Negligent Hire

The above example concerned accidents, or negligent behavior, committed by an employee while on the job. Another aspect of vicarious liability is “negligent hire.” A negligent hire claim arises when an employee intentionally injurers a coworker or a third party intentionally. In these cases, the behavior was not at the direction of the employer, as a making a delivery in a truck might be, and was clearly outside the employee’s duties. However, the employer may still be liable if they were negligent in hiring the employee, meaning that they knew or should have known that they posed a danger to other employees or the public.

A negligent hire claim often arises in the context of sexual abuse. If an employer fails to adequately background check an employee with a criminal record of sexual abuse, and then that employee proceeds to sexually abuse a third party, a claim of negligent hire often arises. Similarly, if an employer hires an employee with a documented history of violence and then that employee violently injures a third party, a similar claim of negligent hire will arise.

Claims for negligent retention can also be brought by injured third parties when a company became aware of an employee’s tendency to be violent or to harm others and did not fire them upon becoming aware.

What Should You Do if You Are Injured by a Company’s Employee?

If you are injured by an employee of a company, you may be owed compensation under a theory of vicarious responsibility. But receiving the compensation you deserve will require consultation with an experienced personal injury attorney.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you or a loved one has been injured.

Contact us now at (601) 790-1505, to get experienced counsel on your side.

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