Rockford & Moline Personal Injury Lawyers - Automobile Accidents

Hard to Call Slip-and-Fall: Workers’ Compensation for Working from Home?

Nick Avgerinos — Wed, 13 Aug 2008 09:35:00 GMT

Everyone’s talking about the struggle to fuel our nation: where to find the cheapest gas, techniques for getting the most out of your gas, what car to drive for the best mileage, etc. But some are taking it a step further; why pay for the fuel to get to work when you could choose to not pay for fuel at all.

While some companies are offering a 4-day work week with extended hours, others are giving employees the option to work from home. Telecommuting, already increasingly popular in our age of gadget gorging and emotion via email, has attracted a new branch of followers since gas prices hit $4 and continue to climb. Sure, everyone is announcing plans to harness wind energy and offer electric cars, but until these pie-in-the-sky dreams become affordable realities, working from home is one effective way to cope with money woes for those whose jobs are conducive to such labor.

But what if you’re injured “on the job” from home? It sounds oxymoronic, but it could easily happen nowadays. The same way that you could trip and fall moving from the copy room to your desk at the office, you might slip and fall on your trip from going to grab a file from your bookshelf to sitting down at your home computer. As anyone who works from home knows, just because you’re not at the office doesn’t mean you’re having a pajama party (not that working in one’s PJs isn’t an added bonus to the work-from-home routine). The point is that if you suffer an injury arising out of and in the course of your employment, your employer should compensate you.

Obviously, the particulars are going to be especially relevant in these cases. Did you happen to trip while carefully traversing the relatively clutter-free expanse of a home office; or were you juggling a latte, a personal call, and laptop while navigating your should-have-been-cleaned-two-weeks-ago apartment when you broke your arm after falling on top of one of your piles of clothes? It’s really the details that count here.

This sort of claim relates to the newest legal frontier: internet law. That means that many details are still sketchy. With more and more of us making the virtual commute, however, the color of work-from-home claims is slowly being added. I came across an interesting case involving an employee on his way back home (where he frequently worked) from an after-hours meeting with his supervisor. He was severely injured, involved in a car accident and then hit by another vehicle after stepping outside his car.

While one’s commute is generally not covered by workers’ compensation, two notable exceptions are the dual purpose doctrine and the mutual benefit doctrine. The ‘dual purpose doctrine’ allows that workers’ compensation covers an employee when her employment creates the necessity for travel, even if she is also serving some purpose of her own. The ‘mutual benefit doctrine,’ on the other hand, establishes that injuries suffered by the employee while she is performing some activity for the mutual benefit of herself and the employer is compensable when some advantage for the employer arises out of this activity.

The court in the Missouri case described above held that the plaintiff should be covered for his injuries because he was injured on his way from work, transporting documents that he needed to continue working at home. The court explained: "compensation for injuries while traveling home may be proper under the dual purpose doctrine when it can genuinely and not fictionally be said that the home has become part of the employment premises. In those circumstances, an employee fulfills a dual purpose by traveling home: the personal purpose of making a normal trip home, and the business purpose of reaching a second employment situs. An employee demonstrates this by showing a clear business use of the home at the end of the specific journey during which the accident occurred."

As you can see, technology is quickly changing the shape of our world. And that means changes to both work life and home life, and—for most of us—the blurry new intersection of the two. The case above illustrates that it’s the nature of our activity, rather than the location where we perform it, that categorizes our space for the future.

Originally posted at InjuryBoard by Nick Avgerinos

Stay in Touch with the Cell Phone / Cancer Debate: 5 Tips to Limit Your Risk

Nick Avgerinos — Fri, 01 Aug 2008 11:34:00 GMT

With cell phones pressed to our ears, clipped to our belts, and putting email at our fingertips, it’s becoming hard to imagine life without them. And with our busy schedules, we don’t often take the time to consider whether that’s necessarily a good thing. Cell phone usage has exploded in the last decade, and while numerous studies have been done regarding possible health risks associated with cell phone use, the jury is still out, searching for more conclusive evidence.

The good news: most studies haven’t found any relationship between cell phones and cancer. The bad news: a new warning issued by the head of the University of Pittsburgh Cancer Institute suggests otherwise, based on unpublished data. The new warning emphasizes the danger of cell phone use among small children, explaining that it’s most dangerous for young ones because their brains are still developing. Many have called this new warning alarmist and premature, but it seems too soon to tell its merits.

Devra Lee Davis, the director of the university's center for environmental oncology puts the point well: “The question is, do you want to play Russian roulette with your brain?” Of course, the answer is no. And we certainly don’t want to expose our children to undue health risks. (Unrelated note to parents: this new warning also offers a concrete reason for refusing to indulge your child’s premature desire to procure a cell phone.)

So, if we’re going to be safe, rather than sorry, here are 5 useful tips provided by CNN:

1. Use the speakerphone

This was, without question, the favorite alternative of the experts I talked to. Nothing is near your head. "Hold it away from a minimum of a few inches. A foot or two is ideal," said Magda Havas, an associate professor with the Institute for Health Studies at Trent University in Ontario, Canada.

Havas gives me a little math lesson. Every inch you can get away from your body, the radiation reduces very quickly. "Hold it out two inches, and the radiation drops by a factor of four. Hold it out four inches, and it drops by a factor of 16," she says.

In other words, said Louis Slesin, editor of Microwave News, "every millimeter counts."

2. Use a wired headset with a ferrite bead

No, this is not a piece of jewelry. A ferrite bead is a clip you put on the wire of a headset. The concern is that the wire itself emits radiation into your ear. The bead is designed to absorb the radiation so you don't. They're inexpensive and available at stores or online.

These clips are a favorite of Slesin's. "It's the way to go," he said.

Another fan: Lawrie Challis, physicist and former chair of the Mobile Telecommunications and Health Research Programme, a government panel in Britain. "They did tests at the University of York and found that under even the worst conditions, if you use a ferrite bead, you can't even measure the radiation coming off the wire. This common device kills the radiation."

Of course, if the phone is in your pocket or clipped to your belt, all bets are off, because the phone itself will be radiating into your body. So if you're worried about radiation, keep the phone as far away as possible, and Challis adds to do your best to make sure the wire isn't touching your body.

3. Use a Bluetooth earpiece

A Bluetooth earpiece still has radiation, but it's at least 100 times less than the radiation you get when you hold a cell phone to your head, Havas says.

Our experts were split on which was better: a Bluetooth headset or a wired one. Israeli government recommendations issued this week specifically suggest a wire; Havas likes the Bluetooth. But even she says not to wear it when you're not talking; it still sends out a signal.

"Bluetooth is only whispering radiation into your ear. The problem is, some people wear it all the time," she says. "At the very least, switch it from ear to ear so you don't have too much exposure on one side."

Michael Foley, Ph.D., executive director of the Bluetooth Special Interest Group, says Bluetooth earpieces radiate 200 times less energy than cell phones. "There is no evidence that a Bluetooth headset has any adverse effects on its users," he said.

4. Use a "hollow tube" earpiece

It's just like a regular wired earpiece, except the last six inches or so -- the part next to your ear -- is a hollow tube. There's no wire under the plastic.

"You're getting the sound through the air. You're not dependent on radiofrequency waves," said Dr. David Carpenter, director of the Institute for Health and the Environment at the University of Albany.

Hollow tube earpieces can be purchased on several Web sites.

5. Get a phone with less radiation

Phone radiation is measured in specific absorption rate, or SAR. To look up the SAR for your phone, check this list on CNET.com.

You might think the experts mentioned above all use earpieces or a speakerphone. Not so. Several said they hold it right up to their heads because they use their cells so infrequently, they're not worried about radiation.

"I use it maybe once or twice a week, no more than 10 minutes," said Challis, the former head of the British committee that studied cell phones and radiation. "I use a land line whenever I can."

It's the exposure, day after day, year after year, that matters. As Challis, who's retired, puts it, "If I were younger, I'd take this much more seriously."

Only time will tell what research proves most accurate regarding the cell phone / cancer link. Until then, it’s a good idea to follow these tips: don’t put your safety on hold while we’re waiting for researchers to make the call.

Originally posted at InjuryBoard by Nick Avgerinos

Grown-Up Gaming: More than a “Wii” Personal Injury Liability

Nick Avgerinos — Thu, 24 Jul 2008 16:12:46 GMT

Most parents lament the passage of bygone days where kids played freeze tag and rode bikes till dusk in the summer; nowadays, there’s more inside play, focused around television, video games, and the computer. Sure, you can try to impose time limits on these gadgets, but once they’re out of your house, it’s hard to enforce those rules with his friend Jenny’s Nintendo DS or Justin’s Xbox 360.

And as if you don’t have enough to worry about with flips on your trampoline or dives into your pool, along comes the amazingly interactive Nintendo Wii. Parents seem to like the Wii, not only because of its entertainment factor, but because it gets kids up off the couch. Along with the relatively recent line of ‘Wii Fit’ games, most of the Wii games give the player some exercise because they require actual bodily movement, rather than the good old thumb workout. The problem: more interactivityàmore movementàmore injuries. Not always, but often enough to make a parent worry. If Justin hurts his wrist slicing up sushi while playing “Cooking Mama,” or Jenny slips and falls while doing a kick, playing “Dancing with the Stars,” are their parents coming to you for compensation? And would they have a case?

Well, it depends. Obviously, there’s some merit to those concerns; Nintendo introduced a wrist strap (which you can obtain free of charge) to add to controllers in order to guard against their propensity to go flying, endangering players and televisions everywhere. The company faces product design claims and you could face premises liability issues. The claims that have been brought thus far focus upon the company.

Before you start to breathe easier, though, take a look at Nintendo’s newest line of games from JV sports: Frat Party Games. One game in the series, ‘Beer Pong,’ has already been renamed ‘Pong Toss’ due to public disapproval. Sure, the name has changed, but the game is the same. The rating? It’s suitable for your children aged 13 and older. Maybe Nintendo didn’t see the latest statistics, but underage drinking is a serious problem, and I doubt introducing drinking games to a 13-year-old will do anything to help matters.

The Entertainment Software Rating Board President, Patricia Vance, defends the game’s rating, writing: “Despite being premised on a drinking game, the game's content involves essentially nothing more than tossing pingpong [sic] balls into plastic cups.” And while it might be true that the game doesn’t explicitly reference alcohol, the origins of the game aren’t exactly a secret. Even kids who don’t yet get the reference will be fully apprised with a quick Google search.

It’s a good reminder, though, that we should keep kids aware of the dangers of underage drinking—and drinking in general—because you never know where else they’re getting their information. And sometimes influence comes from the least likely of places. That’s why it’s up to us to be consistent examples of responsibility.

Originally posted at InjuryBoard by Nick Avgerinos

Creative Commuters: Many Turn to Scooters and Motorcycles to Ease Pain at the Pump

Nick Avgerinos — Mon, 14 Jul 2008 11:07:00 GMT

Our slowing economy and climbing oil prices explain the panic that many people are feeling when it comes time to fill up at the pump. Some are driving less, others are carpooling , and a surprising number are opting for Metra . But some of us are taking a more creative approach to commuting; these individuals are trading in their gas guzzlers to tool around on two wheels. No, I’m not talking about those grabbing their bicycles. Rather, I’m referring the spike in sales of motorcycles and scooters .

It’s not just a few people making the switch either. According to the Motorcycle Industry Council , sales are up 24% in the first few months of 2008 alone. Yamaha reports that its scooter sales are up 65% from this time last year. And Vespa set an all-time sales record in May, selling 2,758 in the United States alone. That nearly doubled its previous record. It makes sense that as gas prices continue to climb, so will these sales.

But, for drivers steering toward these creative commutes, how much savings is there really? Of course, it depends on what kind of mileage these motorists used to get; in other words, is the switch from a Hummer or a Prius ? But the manufacturer mileage claims are pretty astonishing: anywhere from 40 to 100 mpg. And with the relatively low cost of these vehicles, the savings are even greater.

But how safe are these trendy two-wheelers? Not very. In fact, in the past 10 years, fatalities have increased 127%. According to the National Highway Traffic Safety Administration , a motorcyclist is 34 times more likely to die in an automobile crash than someone in a regular car. 34 times! That’s a pretty big risk just to save a few bucks in gas.

It makes sense that motorcycles are more dangerous given the relative size and weight of these vehicles compared to traditional cars and trucks. And with the growing number of SUVs and other oversized vehicles on the road, the size ratio is increasingly unfavorable for motorcyclists. Many motorcycle accidents are avoidable, though, simply be wearing a helmet. Not wearing a helmet might not be against the law in Illinois , but it is against good old common sense. Many Injury Board members have been writing about the importance of bike safety , particularly the importance of helmets .

Don’t think it looks cool? Well, it’s a lot cooler than sustaining preventable injuries while riding. To give you an idea of the difference wearing a helmet makes, let’s take a look at Florida , a state that used to require helmets when riding. According to Consumer Reports, “ During the 30 months after Florida repealed its helmet law in 2002, there were 40 percent more hospitalizations and a 24 percent increase in deaths compared to the 30 months before the law was changed.” That’s a pretty big difference.

So, we’re left with this question: is making the shift to two wheels worth it? Well, that’s up to you. And it has a lot to do with your personal circumstances and commitment to being a safe driver. Consumer Reports intends to develop increased testing of motorcycles, and has this blog where you can discuss the triumphs and tribulations of buying and riding motorcycles with both novice and veteran riders. If you ultimately do decide two wheels are better than four, do yourself a favor and ride off into the sunset wearing a helmet.

Originally posted at InjuryBoard by Nick Avgerinos