Mississippi Automobile Accident Attorneys Talk about Pedestrian Accidents Involving Children

A pedestrian accident in Colorado serves as a reminder that children who walk to school risk of being involved in pedestrian accidents. A boy who was crossing the street in a crosswalk was hit by a car near the Aurora Hills Middle School. The accident occurred when two eleven-year-old boys were crossing a street. When the boys were halfway across the street, the signal changed. The boys started to run to get across the street quickly. Cars in two lanes stopped to let the kids finish crossing the street, but a driver in a third lane did not see the boys, did not stop, and hit one of the boys. The boy who was hit by the car was rushed to the hospital with life-threatening injuries.

If you have children who walk or ride their bicycles to school, every newspaper story mentioning a bike or pedestrian accident can leave you wondering whether it is safe for your child to be walking or riding their bicycle to school. The good news is that, for the most part, walking and riding bicycles are still safe ways to get to and from school. Walking and biking are excellent ways for children to incorporate exercise and time outdoors into their day. Walking and biking are fun, too, so children are often eager to take advantage of these transportation options if they live close enough to their schools to do so. Since walking and biking to school are things that should be encouraged as long as they are safe, here are a few ways that you can prepare you children for a safe walk or ride to school every day.

One way to keep your kids safe as they ride their bicycles to school is to regularly inspect their bikes and bike helmets to make sure that they are in good condition and that they are the correct size. Whether your children plan to walk to school or ride their bicycles, it is essential that you help them map out a safe route to school. Travel the route with them a few times, making sure to point out important things along the way like crosswalks, stop signs, and other places where they will need to pay attention and stay safe.

Other bicycle and pedestrian safety tips that can help to ensure that your child gets to school safely on foot or a bicycle include helping your child find other kids in the neighborhood to walk or ride with. Walking or biking to school in a group increases visibility and safety, and adds to the fun factor. As the seasons change, make sure that there is adequate daylight for safe foot or bicycle travel at the time that your children will be going to and from school. Also, make sure that your children have back – up transportation for those days when it is unsafe to walk or bike to school because of cold, wet or wintry weather. Encourage your children to wear brightly colored clothing when they walk or bike to school, for added visibility.

Barrett Law PLLC:  Serving Mississippi Accident Victims and Their Families  

If someone that you love was hurt in a motor vehicle or pedestrian accident, you might be able to recover for the damages that you have experienced. The compassionate and experienced Mississippi Automobile Accident Attorneys at Barrett Law PLLC help accident victims and their families recover financially after automobile accidents. Please call our office today, at 1 (601) 790-1505 to schedule your free, initial consultation.

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The Myth of Extensive Worker’s Compensation Fraud by Claimants – Taking a Closer Look at Employer Fraud

The insurance industry, employers, and others with a vested interest in discouraging worker’s compensation claims and reducing the amount of payouts have perpetrated the widespread myth that the system is inundated with fraudulent claims.  This myth is based on isolated anecdotal incidents with little effort to identify the actual scope of the issue.  Admittedly, there are isolated cases of employees faking or exaggerating injuries, as well as other examples of illegitimate claims.  However, experts generally recognize that amount of fraud by claimants is infinitesimal.  Generally, the rate of worker’s compensation fraud involving employees is considered to be about one percent or less.  Ironically, worker’s compensation fraud committed by employers is far more extensive but almost never discussed in the media.  This blog post is intended to advise employees about the real existence of employer fraud and to provide common examples.

Many people are unaware of the existence of employer fraud because it is so rarely discussed in the media or promoted as a problem.  However, there are a number of reasons that it is far more prevalent than employee fraud.  The first factor is the difference in incentives for employers and employees to cheat the system.  The motivation to engage in fraud to receive $540 per week in benefit payments is almost non-existent compared to the millions of dollars that employers save by excluding entire classes of employees from obtaining worker’s compensation benefits.  This disparity in the gains to be obtained by cheating also affects the risk-reward analysis for the parties on both sides of the employment relationship.  When considering cheating, either party must consider the risk of detection and potential penalties compared to the reward associated with success in pursuit of the fraudulent scheme.  The massive returns that employers can obtain from screening out hundreds of thousands of employees from worker’s compensation benefits dwarf the rewards of an individual employee successfully obtaining benefits.

Some of the most common examples of employer/insurance carrier fraud include the following:

  • Misclassification of Employees: Employers frequently classify employees as 1099 independent contractors to avoid liability for worker’s compensation benefits.  Since workers classified as independent contractors do not qualify for benefits, companies frequently engage in the practices of misclassifying workers to avoid the cost of worker’s compensation insurance and liability for claims.  When companies with hundreds, thousands, or even tens of thousands of employees engage in this type of practice, the financial gains are staggering.
  • Refusing Medical Care: Worker’s compensation claimants are entitled to free health coverage for virtually all expenses, including diagnostic testing, doctor’s appointments, specialists, medications, and other costs.  However, carriers often routinely refuse to pay for necessary drugs and medical attention.
  • Referring Employees to Biased Physicians: Employers often steer injured workers to unscrupulous doctors or industrial medical clinics where the physician denies care, prematurely returns the employee to the job, or issues unjustified low permanent impairment ratings.
  • Retaliation: Some companies terminate an employee who files a worker’s compensation claim to discourage other workers injured on the job from filing valid claims.
  • Improper Use of Health Insurance: Employees might be directed to use their own health insurance for expenses that should be covered by the worker’s compensation system.
  • Failure to Secure Coverage: Certain companies intentionally avoid purchasing worker’s compensation coverage for their workers.  This strategy shifts a significant portion of the cost of medical expenses from the employer’s worker’s compensation carrier to Medicare.

These are just a handful of the ways employers can engage in fraud schemes that result in a large number of employees receiving less in worker’s compensation benefits or none at all.  Our Mississippi Worker’s Compensation Lawyers have successfully represented many injured employees during our decades of representing clients.  At Barrett Law, we are here to help.  Contact our firm today at (601)790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

 

 

 

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Complex Issue of When an Employee Is Engaged in a Task within the Course and Scope of Employment

When you are pursuing a vicarious liability claim against an employer based on the negligence of an employee, the applicability of this form of liability often turns on whether the task was within the “course and scope of employment.”  (This issue is also important in determining whether a workplace injury to an employee will be covered by the worker’s compensation system).  In some cases, this issue is straightforward, such as when an employee of a pizza parlor causes an accident while making a delivery.  However, this issue can become extremely complicated as a recent decision by the United States District Court, S.D., Northern District in Godwin v. United States illustrates.

In Godwin, a motorist was struck by a mail carrier for the U.S. Postal Service.  The carrier, who was based out of Stonewall Mississippi, was technically designated as a Rural Carrier Associate of the United States Postal Service.  The carrier returned to the postal annex at 2:35 p.m. after completing her route on the day of the accident.  She realized she had forgot to deliver a piece of mail, so she clocked out and headed in the opposite direction from home to drop off the undelivered mail item.  The collision occurred on her way to make the delivery at 2:55 p.m.  There was conflicting evidence introduced regarding whether her after hours delivery was authorized by her supervisor.  While she contended she had been granted permission, another employee indicated after hours deliveries were not typically authorized.  Further, the other employee testified that the type of parcel would not have justified delivery outside a carrier’s work hours.  The U.S. Postal Service moved for summary judgment indicating there was no genuine issue of material fact to justify the case moving forward.  The trial judge denied the motion, and the postal service appealed.

The appellate court considered whether the postal carrier was “on duty” when the collision occurred.  The court noted that this issue arose in the context of disputed federal jurisdiction under the Federal Tort Claims Act, which waives the sovereign immunity of the federal government as follows:

“For injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of an employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.” (Emphasis added).  Because the accident occurred in Mississippi, the appellate court acknowledged that the issue of whether the accident occurred within the “course and scope of employment” must be interpreted under Mississippi state law.

The court clarified that the act must occur in the course of employment and to achieve the purposes of the employer or objectives incidental to the authorized conduct.  The court also noted that the mere fact the conduct of an employee has not been authorized is not dispositive of the issue of whether the act was within the course and scope or employment.  The court noted that Mississippi Supreme Court has favorably cited the Restatement (Second) of Agency in this context as setting for the following test:

“(1) Conduct of a servant is within the scope of employment if, but only if:

(a)    it is the kind he is employed to perform;

(b)   it occurs substantially within the authorized time and space limits; and

(c)    it is actuated, at least in part by a purpose to serve the master ….”

In applying this test to the relevant facts, the court indicated that all three prongs of the test were satisfied.  First, the mail carrier was delivering an item of mail which constitutes actions in furtherance of the employer’s (U.S. Postal Service’s) purpose.  Second, she was traveling to a residence on her assigned delivery route which falls within the required space restriction.  The U.S. Postal Service argued that the time element was not satisfied because the carrier had clocked out. The government further contended that the “going and coming rule” applied, which states that acts of any employee traveling to and from work are not incident to employment.  However, the carrier was headed in the opposite direction from home to make a mail delivery.  The court concluded this course of action fell within the well-established exception to the “going and coming” rule relating to employees engaged in a special task or mission for an employer.  As to the third prong of the test, the delivery of mail clearly benefited the employer.  While there was conflicting evidence on whether the delivery was authorized by a supervisor of the postal service, the court found this was a legitimate issue for the jury to consider.

The issue of determining whether the “course and scope of employment” requirement for vicarious liability or worker’s compensation benefits has been satisfied is just one complex issue that makes litigating a personal injury lawsuit or worker’s compensation claim complicated.  An experienced Mississippi Worker’s Compensation Attorney or personal injury attorney at Barrett law can help you navigate these difficult issues.  Our Mississippi worker’s compensation lawyers have successfully represented many injured employees and victims of careless employees during our decades of representing clients.  At Barrett Law, we are here to help.  Contact our firm today at (601) 790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

 

 

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Mississippi Auto Accident Attorneys Discuss Myths About Auto Accidents

If you or a loved one has recently been injured in a car accident, you are probably feeling a range of emotions and significant anxiety.  When coping with the pain and suffering associated with your injuries, you might be overwhelmed by the prospect of navigating the claims process, dealing with insurance companies, and managing spiraling expenses associated with your accident. These obstacles can be magnified by a lack of familiarity with the claims process and the challenge of negotiating insurance and legal obstacles.  In this blog post, our experienced Mississippi Auto Accident Injury Lawyers demystify the process by dispelling common myths about car accident claims. Keep reading to learn more!

Myth No. 1: I Don’t Need an Attorney to File a Car Accident Claim

Although you theoretically can handle your own auto accident claim, the fact that you have the right to do so does not make it a good idea.  Insurance companies salivate at the prospect of devouring injury victims that do not have the benefit of an experienced Mississippi Auto Accident Lawyer.  Attorneys who routinely handle auto accident case understand the tactics used by insurance companies to avoid paying claim, as well as the legal, procedure, and evidentiary standards for navigating the litigation process.  Because well-established personal injury law firms will have established relationships with individuals with specialized knowledge, such as accident reconstruction experts and medical experts, they can effectively work with expert witnesses who might be necessary to your case.  Car accident victims almost certainly will recover less compensation without legal representation.

Myth 2: The Insurance Company Will Reach a Fair Settlement

Many people presume that since the at-fault driver paid premiums for coverage, the insurer will pay the reasonable value of a liability claim for personal injuries.  However, insurance carriers maximize their profits by denying as many claims as possible and underpaying claims.  The other driver’s insurance company has a duty to accept reasonable settlements to protect their insured from a judgment that exceeds policy limits, this duty has nothing to do with treating an injury victim fairly.  If the insurance company can find a basis to deny the claim or to mitigate the amount paid to a policyholder in damages, the insurer is strongly motivated to minimize the amount paid.  The insurance company might unjustifiably claim that the injury victim shares a significant amount of the fault for causing the accident.  Alternatively, the insurer might contend any permanent disability is unrelated to the accident.  Law firms that have been representing personal injury victims for decades have the knowledge and experience to anticipate and respond effectively to such strategies.

Myth No. 3: I can wait until I have fully recovered and get back on top of things to pursue a legal claim.

Insurance companies have no reason to pay a claim once critical deadlines have passed.  The statute of limitations is a timing requirement that indicates the period of time that an injury victim has to file a lawsuit.  The statute of limitations for filing a lawsuit for injuries suffered in a car accident generally is three years in Mississippi, but special rules may apply depending on the identity of the victim and the circumstances surrounding the accident.  If a lawsuit is not initiated before the statute of limitations “runs” (or expires), the lawsuit typically will be permanently barred.  If you are suing a government entity because your accident involved a dangerous road, there might be even shorter time limits for providing notice to the public entity.  The entire process of litigation is governed by strict timing requirements, so it is important to seek legal advice as soon as possible following an accident.

Call a Mississippi Auto Accident Lawyer You Can Trust to Pursue the Compensation You Deserve

If you have been injured in a car accident and are unsure whether to pursue a claim, the Mississippi Auto Accident Attorneys at Barrett Law, PLLC are here to help.  Our firm has been advocating for personal injury victims for decades. Contact our firm today at (601)790-1505 to schedule your free consultation, so we can answer questions you might have regarding filing your auto accident claim.

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Mississippi Automobile Accident Attorneys Discuss Causes of Rollovers and How to Avoid Them

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Rollover crashes are dangerous, and sometimes, even deadly. Because rollovers involve a mixture of factors such as weather, a driver’s reaction, vehicle type, and road conditions, there are a variety of things that can cause rollover wrecks. Fortunately, there are also a number of ways in which to address rollover causes through improvements in driving skills and technology.

Some physical features of vehicles can make them more or less likely to roll over. While any vehicle can roll over, the vehicles that have the highest rollover risk tend to be tall and narrow. These vehicles, which include many SUVs, vans, and pickup trucks, have a high center of gravity and can be rolled over with less force than it takes to roll over vehicles with a lower center of gravity, such as cars that have been designed with a low, wide stance.

Other factors that play a role in rollover crashes include speed, alcohol, and the driving environment. Fatal rollovers in particular often involve excessive speed. Alcohol consumption greatly increases the risk that you will make poor choices while driving, which includes the risk of losing control of your vehicle and rolling over. Approximately half of all fatal rollovers involve alcohol. Rollovers also occur more frequently on rural roads, where dividing lines are not as clearly marked and speed limits may be high despite the presence of curves.

As you can see, some of the causes of rollover crashes are directly tied to drivers’ behavior. This means that drivers can greatly reduce the risk of rollover accidents by making better choices regarding how they drive. Some examples of things that you can do to avoid rollover accidents include following posted speed limits, choosing not to drink and drive, choosing not to drive if you are fatigued, and avoiding distractions while driving. It is also important to remember not to make sudden, panicked movements with your steering wheel because those movements often lead to overcorrections and rollovers. Wearing a seat belt is always important, and it can save your life if your car rolls over. Close to seventy percent of rollover fatalities involve victims who were not wearing seat belts. Other things that you can do to decrease rollover risk include properly inflating and maintaining your tires and loading vehicles properly.

Vehicle design can also play a role in helping reduce the number of rollover accidents that occur. While it is essential that drivers learn how to reduce their rollover risk through making good choices, it is helpful when vehicles have additional features that reduce rollover risk even further. Stability control features have many different names, but they work in similar ways, detecting overcorrections and compensating for them by braking automatically. Side-impact or curtain-style airbags are another helpful technology that can reduce ejection risk and can reduce the amount of fatalities and the severity of injuries that occur during rollovers. It is important to note that side airbags that deploy during a rollover only work to reduce ejection risk if vehicle occupants are also wearing seatbelts. Variable ride height suspensions are another feature that can help vehicles adapt to changing driving conditions and make automatic adjustments to reduce the likelihood of a rollover.

Barrett Law PLLC:  Representing Mississippi Automobile Accident Victims

If you were injured in a rollover, the experienced and dedicated Mississippi Automobile Accident Attorneys at Barrett Law PLLC would like to help you. Please call us today, at 1 (601) 790-1505 to schedule your free, initial consultation.

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Mississippi Worker’s Compensation Attorneys Talk About Farming Accidents

Many farmers enjoy what they do, even though they know that farming is very dangerous work. There are many risks in the farm work environment, and accidents that cause severe injury or death are not uncommon. From accidents involving large, heavy animals to accidents involving machinery, danger is everywhere on the farm. Drainage ditches, water storage ponds, and manure lagoons create drowning risks. Fall hazards are everywhere, and some of them, including silos and grain bins, even create a risk of entrapment and suffocation in addition to the injuries that a worker could sustain in a fall.

Some farm-related injuries, like tractor roll-overs, are preventable. Unfortunately, not all farms use equipment that has the latest safety features, like devices which can prevent injuries and death from tractor roll-over accidents. Farm equipment causes many injuries, and older pieces of machinery may not have proper safety guards. Some farm workers operate dangerous machinery without proper training. Also, regular maintenance and safety checks that could prevent equipment failure and equipment-related injuries are sometimes overlooked when there is a lot of work to do.

Farm workers are also at risk for chronic injuries. Exposure to noxious gases and dust can cause lung diseases. Pesticides and other chemicals found in farm environments can cause cancer and other health problems. Heavy lifting and repetitive motion can cause chronic pain and musculoskeletal disorders.

The physical conditions of farm work environments are not the only dangers that are present there. There are other challenges which may make it difficult for farmers to work safely. For example, time constraints imposed by nature create pressure for farm workers to complete tasks like planting and harvesting within limited windows of opportunity. Sometimes, weather conditions reduce the available time even more, giving farmers even fewer days to complete time-sensitive tasks. These time-related job pressures can lead to long work hours and fatigue, which can increase the risk of accidents and injuries.

Some farm workers are more likely to be involved in workplace accidents than others. Interestingly enough, these workers, who are often under fifteen years of age or over sixty five, are not often found in other types of work environments. The laws that regulate farming permit these individuals to work on farms, even though they might not qualify for other non-farm work opportunities.

Barrett Law PLLC:  Assisting Mississippi Farm Workers With Workers’ Compensation Claims

The experienced Mississippi Workers’ Compensation Attorneys at Barrett Law PLLC provide top-quality legal assistance to injured farm employees across the state.  At Barrett Law PLLC, we understand how hard it is for many farm workers face to obtain full coverage for their work related injuries.  We are committed to helping you get the results you need from the complex workers’ compensation process by pursuing satisfactory resolution of your workers’ compensation claim while you work on making a full physical recovery.  Call the dedicated workers’ compensation attorneys at Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free, initial consultation.

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Mississippi Workers’ Compensation Attorneys Discuss Deadly Forklift Accidents

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Forklift accidents can be devastating and even deadly.  In 2010, a construction worker was killed in a forklift accident in Jackson, Mississippi.  The accident happened along Interstate 20 where crews were working to rebuild a bridge.  The forklift accident victim perished after being run over by the forklift. One year later, a Mississippi corporation in Cleveland, Mississippi was lobbed penalties of over $46,000 by the Occupational Safety and Health Administration due to an employee’s death in a forklift accident.  OSHA cited 19 safety violations, including failure to ensure the forklift operator was wearing a seatbelt, not conducting sufficient inspections on the forklift, and allowing forklift modifications to be made without the manufacturer approval.  The forklift victim apparently died when the weight shifted on the forklift, causing it to turn over and crush the victim.

Each year, approximately 85 fatal forklift accidents occur.  Another nearly 35,000 forklift accidents happen, resulting in serious injuries to employees.  An additional 61,800 non-serious injuries occur due to forklifts.  It is estimated by the Industrial Truck Association that over 850,000 forklifts are in operation across the U.S.   This means that approximately 11 percent of all forklifts will be involved in an accident, ranging from fatal to non-serious, each year.  As forklifts have an average life of eight years, this calculates to 90 percent of all forklifts being involved in an accident at some point during their useful life.

Forklifts are used in numerous industries and any employee who operates one of these massive machines could potentially experience injury or death.  The majority of forklift accidents occur in the following fields:

  • Mining
  • Construction
  • Manufacturing
  • Retail Trade
  • Transportation
  • Wholesale Trade

Fatal forklift accidents can occur under a wide range of circumstances, but the most common causes of fatal forklift accidents include:

  • The victim is crushed between the vehicle and another surface
  • The victim is run over by the forklift after it tips
  • The vehicle tips, crushing the victim
  • The victim is struck by falling material on the forklift
  • Two vehicles crush the victim
  • The victim falls from the forklift platform

In Mississippi, nearly all employers are required to carry workers’ compensation insurance.  This no-fault insurance system is intended to provide compensation for employees who are injured in the workplace, while in the course and scope of employment.  For many accidents occurring in the workplace, workers’ compensation will be the primary or only means of recovery.  Workers’ compensation benefits can include reimbursement for medical expenses, a portion of wages lost due to time off work, and compensation for any permanent disability or extended time away from the workplace.

 In addition to workers’ compensation, employees may sometimes have additional avenues of recovery, as in the case of a defective forklift causing the accident.  Your workers’ compensation attorney will evaluate your accident and determine your legal rights.

Barrett Law PLLC: Workers’ Compensation Attorneys Fighting for the Rights of All Victims of Workplace Forklift Accidents

Forklifts are massive and potentially dangerous pieces of equipment.  When a forklift malfunctions or an employee is not adequately trained in the operation of these vehicles, serious injury and even death can occur.  All employees injured in the course and scope of employment in the state of Mississippi are entitled to receipt of workers’ compensation benefits.  Obtaining the full benefits to which you are entitled, however, can prove challenging.  If you have been injured in a forklift accident, the Mississippi Workers’ Compensation Attorneys at Barrett Law PLLC can help.  For decades we have assisted injured workers through the sometimes complex workers’ compensation system, ensuring our client’s medical bills, lost wages, and disabilities are compensation.  For aggressive, dedicated, and knowledgeable assistance with your workers’ compensation action, call Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation.

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