Rockford & Moline Personal Injury Lawyers - Safety

Back to School Safety Tips

Nick Avgerinos — Wed, 03 Sep 2008 10:32:00 GMT

Now that summer vacations are over, and children are returning to school, a safety reminder is always welcomed. The Consumer Product Safety Commission, (CPSC) has released a new guide of back to school safety reminders. While many of these are not groundbreaking, a yearly reminder is always a good idea to keep our children safe!

The report includes these tips:

CPSC approved bicycle helmets. For a guide of which helmets are approved or best for which activities, this link may be helpful.
Avoid Drawstrings. Hood or neck drawstrings can be a choking hazard, particularly on playground equipment.
For budding soccer stars, parents should make sure the goals are safe, as unsecured movable soccer goals can fall and injure or kill children.
Keep on top of recalled products through news sources and the CPSC’s website

Here are some other tips for back to school safety:

A child’s backpack should be well supported and not too heavy. It should have wide, padded shoulder straps, a padded back, and never weigh more than 10-20% of the student’s body weight.
Buckle up on the school bus if there are seat belts. If you school doesn’t provide seatbelts, encourage the school board to reconsider the minimal cost.

The following links may also be helpful: http://www.aap.org/advocacy/releases/augschool.cfm; http://www.rd.com/back-to-school-safety-tips/article11221.html; http://www.redcross.org/article/0,1072,0_276_5556,00.html; http://school.familyeducation.com/back-to-school/safety/37951.html

Originally posted at InjuryBoard by Nick Avgerinos

Worker Wellness: Offensive Approach to Safety Proves Worthwhile for Employers

Nick Avgerinos — Tue, 05 Aug 2008 11:47:00 GMT

Workers’ compensation is an inevitable issue for some companies. When your employees do certain motions day after day, year after year, it’s going to wear down their bodies. But maybe not; maybe it’s just a matter of proper maintenance. After all, we take our cars in regularly, with the cars that acquire more miles quickly being checked out more often. So why don’t we give the same treatment to our bodies?

Well, most of us just don’t have the time. And many of us sit at a desk all day, leaving our body parts more vulnerable to falling asleep than falling apart. But for those in jobs where arduous physical exertion is part of the job description, it makes sense that one’s body needs frequent tune-ups. One Nebraska company, Lincoln Industries, has taken matters into its own hands, instituting an independent wellness program.

In fact, the company employs 3 people devoted entirely to managing its workers’ wellness. Some of the perks: optional pre-shift stretching and on-site massages. Not bad, huh? The company also conducts annual blood, hearing, and vision screenings, and requires quarterly check-ups that measure weight, body fat, and flexibility. The workers are then given a fitness rating, ranging from ‘platinum’ to ‘non-medal.’ In order to achieve platinum status, the worker must be a non-smoker.

Although this might all seem a little ‘Big Brother’ to some people, it appears to benefit employers and employees alike. No one is forced to be healthier, but those interested in improving their fitness scores are helped along the way. The company offers classes on health and nutrition, as well as healthy snacks in its vending machines. They’ll also help with gym memberships and exercise equipment.

And what’s the payoff for the employer? Lower healthcare costs…a lot lower. As CNN reports, “The company pays less than $4,000 per employee, about half the regional average and a savings of more than $2 million. That makes the $400,000 Lincoln Industries spends each year on wellness a bargain.” And workers’ compensation claims have dropped, too; the company reports that increased fitness has pushed workers comp costs down from $500,000 five years ago to less than $10,000 thus far in 2008.

Let’s hope that this marks a trend toward smart employment practices, keeping business going well by keeping employees healthy and happy. And for those of us without vigilant employer programs, perhaps it can inspire us to take control of our own fitness regimens. From a legal standpoint, frequent check-ups are certainly helpful, not only for keeping your body in good shape, but for documenting the changes that your body undergoes over time. Causation is always a key issue in workers’ compensation claims. So, take care of yourself and don’t ignore your body’s signs of trouble. We may not need an oil change every 7,500 miles, but we do need to go see a doctor every so often.

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

Hard Hitters: Crippling Injuries Now Common in Kids

Nick Avgerinos — Mon, 28 Jul 2008 09:55:00 GMT

Summer means a lot of things for kids: no school, no homework, and (they hope) a later bedtime. But all of that free time needs to be filled. And, for many, it fills up with camp upon camp, often to hone the kids’ skills in their sport(s) of choice during the off-season. These camps can be a lot of fun, and in an increasingly competitive world, seemingly necessary to stay on top of their game. But is it all just too much? Where do we draw the line between too much freedom and too many expectations?

If the apparent epidemic of youth injuries is any indication, we need to draw some sort of new line somewhere. As Americans, we’re driven to work hard and succeed. And we try to instill those values in our children. But this striving for success has shifted from helping with homework in the evenings to layering sports training upon music lessons upon service hours. We’re starting to become concerned about what kids look like on paper long before the first college pamphlets come rolling in the mail. The result: a hypercompetitive environment. Perhaps the easiest place to spot this amped up ambition is in the sports arena.

Kids today aren’t just playing little league to fill up their summer afternoons; they’re seeking scholarships. ‘Try your best’ is replaced by ‘be the best’ and former friends are now close competition. That’s not to say participating in youth sports doesn’t have its benefits, especially for those kids with a true love for the game. But it sure makes it a heck of a lot harder to just try something out. The ‘just for fun’ kids get sneers from their competitive comrades who loathe the equal field time often mandated in park district play.

Playing sports is no longer just fun; it’s a pretty big risk. As CNN reported, more and more young kids are facing grown-up injuries: torn ACLs or meniscuses, stress fractures, and cartilage damage. Some of these injuries don’t just put the kids out of commission for a game or a season, but put permanent restrictions on the rest of their lives. Kids’ young bodies don’t respond to the treatment for grown-up injuries the same way because they’re still growing. Their bodies aren’t built to endure these types of injuries.

“Tommy John” surgeries to repair elbows blown out playing baseball are on the rise, tripling in the past decade according to the Andrews Sports Medicine and Orthopaedic Center. The Center reports a five- to six-fold increase in serious shoulder and elbow injuries as a result of baseball and softball since 2000. Little League Baseball, at least, is recognizing its role in this alarming increase and taking steps to reverse the trend. The organization is mandating rest for players based on their age and the amount of pitching that they do.

It’s important that parents and kids do their own monitoring, too. In a sports world with a ‘no pain, no gain’ philosophy, it’s important to step back and remember that chronic pain in not normal and merits medical attention. I know that most kids don’t want to slow down or admit that they should take a break, but with the intensity of today’s youth sports, the kids don’t always get three strikes before they’re out…for good.

Originally posted at InjuryBoard by Nick Avgerinos

Look Out Below: Potholes Prevalent and Seemingly Permanent

Nick Avgerinos — Wed, 23 Jul 2008 10:19:00 GMT

We have certain traditions for summertime in Chicago: the Crosstown Classic, the Taste, and construction. We all know about construction season in the city, and while most of us mark it by standstill moments with our bumper-to-bumper fellow motorists, it is also concretely marked by potholes dotting the roadways.

Potholes give us a reason to welcome construction work. Given their potential for causing dangerous accidents for both cars and bikes (and everything in between), potholes merit immediate attention. Unfortunately, they are often ignored as “more pressing” matters take precedence. But as something that doesn’t just cause expensive damage to our vehicles, but can also prompt accidents (and therefore injuries), potholes are more than a cosmetic problem.

If you suffer damage to your vehicle as the result of a pothole problem, you are entitled to compensation. The Chicago Tribune recently pointed out that, if your damage occurred on the city streets, you have up to one year from the date of accident to file a claim with the city clerk’s office; you can obtain a claim form here. When reporting the damage, it’s important to give specifics, including a description of the damage, how it occurred, and a police report. Photographs of the damage are also helpful. Your claim will be investigated, and if deemed valid, the city will pay half the cost of repairs up to $2,000. Why shouldn’t all of your damage be covered? Finance Committee spokesman Donal Quinlan claims, “The logic is the driver may have had some chance to avoid the damage.”

So, how big of a problem are potholes for the city? According to the Chicago Reporter’s analysis, the Chicago Department of Transportation spent $10 million on pavement maintenance projects in 2007 and filled more than 270,000 potholes. That’s a lot of pavement. What many of us don’t realize, however, is how great an expense it is to fill these potholes. With skyrocketing gas prices, everyone needs to cut back, and that includes the city.

CNN reports that many local governments have to scale back on services in order to make ends meet; road repair is a prime example. In a recent survey by the National Association of Counties, 81% of counties reported that public safety is the area most affected by rising fuel costs. Beyond the pressure of higher gas prices, it also costs more to repair the roads. Why? Because asphalt is made largely from oil, and the price for its main component has ballooned more than 90% since last year.

Translation: expect more dangerous roadways. As a result, be extra aware of your surroundings, your fellow motorists, and construction workers toiling to fix the problem. There may be more potholes in your path, but that doesn’t obstruct your ability to exercise good driving habits.

Originally posted at InjuryBoard by Nick Avgerinos

Wounded Workers: American Workplace More Dangerous Than You Might Think

Nick Avgerinos — Thu, 17 Jul 2008 12:04:00 GMT

Since June is National Safety Month , FindLaw.com decided to pinpoint the prevalence of injuries in the American workplace. What was found might surprise you; a full 28% of American adults have been injured on the job. The news is even worse for men, of whom 36% have suffered from work-related injuries. That means nearly 4 in 10 American men have been wounded at work. When you consider the number of white-collar workers out there, that figure is pretty high.

We prize efficiency in our society. Our downfall is that sometimes quality gets sacrificed for quantity. And sometimes the quality is sacrificed not just in the product, but also in the process. Unfortunately, one area that often gets skimped on is safety training . But more danger leads to more injuries, which leads to fewer employees at the workplace.

The U.S. Bureau of Labor Statistics reported over 4 million nonfatal on-the-job injuries in 2006. If time is money, employers better rethink their strategy of trimming the training schedule. Of those injured on the job, 43% missed more than a week of work as the result of a workplace injury. And a whopping 31% missed more than a month!

So, how many of those people filed a worker’s compensation claim? You might be surprised to learn that only 53% of those injured filed such a claim with their employers. For those of you asking, “ What’s worker’s compensation ?” it’s a state-mandated insurance program that provides compensation to employees injured on the job. Why didn’t more of the employees surveyed file? Well, it was probably for a myriad of different reasons, contingent upon their personal circumstances. But for some, the failure to file is likely attributable to the fact that the filing and processing of workers’ compensation claims is a complicated matter.

What should you do if you find yourself in the position of having been injured on the job? FindLaw.com suggests some tips if you are injured.

Originally posted at InjuryBoard by Nick Avgerinos

In the Line of Danger: Chicago Teen Killed while In-line Skating in Iowa

Nick Avgerinos — Wed, 09 Jul 2008 10:05:00 GMT

From roller skates to rollerblades, skating has long been a favorite pastime for America ’s youth. Not only does it provide good exercise, but it also provides a means of transportation other than bicycling for those who—for lack of license or funds—cannot drive a car. And while in-line skating appears to be a rather harmless hobby, provided that you take the proper safety precautions , even the most cautious are sometimes injured by something beyond their control.

I recently wrote about the dangers of drunk driving , and the dire consequences it can have for innocent bystanders. Apparently, such was the case just this past weekend in Iowa . A 17-year-old Chicago teen was in Des Moines , visiting his mother for the summer. He was in-line skating with a friend, when a car veered onto the sidewalk, hitting and killing the teen.

According to authorities , the driver initially hit the teen and kept on driving, only to be stopped an hour later for speeding and driving with a broken windshield. The driver is currently being charged with vehicular homicide, reckless driving, hit-and-run and intoxicated driving.

Stories like this one remind us how important it is we remember that driving is a privilege and, as such, should be exercised responsibly. Remind yourself and your kids—driving age and not—to always ‘look out for the other guy.’ It might seem clichéd, but in today’s age of dizzying distractions , it’s more important than ever to emphasize the importance of paying attention. And, for those of us lacing up our skates, it’s imperative to wear a helmet, just as it is for bicyclists , to give ourselves the best chance of surviving injuries.

It goes to show you that even when you take steps toward safety, the ‘other guy’ might shirk his responsibility and put you at risk in the process. So, keep your eyes and ears open, doing what you can to protect both yourself and your neighbors. And, please, don’t be the ‘other guy.’

Originally posted at InjuryBoard by Nick Avgerinos

Prognosis Not Good: Slippery Slope of Safety and FDA Approval

Nick Avgerinos — Tue, 01 Jul 2008 11:03:00 GMT

With our incredible research capabilities, the availability of prescription drugs designed for your ailment can be daunting. And most of us want to know exactly what it is we’re putting into our bodies by taking that pill. An FDA approval acts as a safety blanket, something to quiet those doubts about filling a prescription.

For those of us who are that cautious, who avoid the ominous online world of fast pharmaceuticals, and do our own research regarding benefits and side effects, that seal of approval from the FDA is an affirming nod from those who know better. It’s disconcerting to learn, then, that “FDA approved” doesn’t mean a whole lot…at least not anymore.

You should know that recent litigation has whisked away your safety blanket and revealed the scary state of pharmaceuticals underneath. Nothing guarantees that what you’re taking is safe. Nothing. Recent high court cases are emphasizing just that, allowing pharmaceutical companies (and the FDA) to escape liability when those “FDA approved” drugs are discovered to be dangerous.

On May 28, for example, two separate state appellate courts largely dismissed claims regarding the painkiller Vioxx. Merck withdrew Vioxx from the market in 2004 after research demonstrated that the drug was linked to increased risk of heart attack. Effectually, the courts said “that’s too bad.” But words ring hollow for those whose lives are jeopardized by such risks.

As Forbes noted, this is good news for medical device makers. Unfortunately, it’s bad news for the rest of us. A case set to go before the Supreme Court this fall, Wyeth v. Levine, will have a big role in shaping your rights with regard to pharmaceutical products. A ruling for Wyeth would preempt product liability lawsuits when a drug has been approved by the FDA, even when the drug is subsequently found to be harmful. Such a ruling would likely lead to further curtailing of your rights, as other industries would try to mimic this preemption doctrine.

When asked what its own approval means, the FDA responds as follows:

“No drug product is ‘perfectly’ safe. Every single drug that affects the body will have some side effects. Since the FDA considers both the benefits and risks of all medications before approval, side effects are generally not serious. For every drug FDA approves, the benefits are balanced against its risks. In addition, FDA makes sure the labeling (package insert) outlines the benefits and risks reported in the tested population. You and your health-care provider should decide together if the benefits outweigh the risks for YOU. Talking about your medicines with your health-care provider is just as important and good for your health as a complete check-up and taking your medicine as directed.”

In other words, talk to your doctor. Do your own research. And it’s a good idea to keep an eye on current legal decisions. Knowing your health and your rights is primarily your own responsibility. And if the current of the Supreme Court keeps trending the same way, you might be the only one left to take responsibility. So, please, be responsible.

Originally posted at InjuryBoard by Nick Avgerinos

Fun on the Fourth: 10 Tips for Fireworks Safety

Nick Avgerinos — Fri, 27 Jun 2008 15:05:00 GMT

It’s that time of the year again: long weekends, barbeques, and—you guessed it—fireworks! And while we all enjoy a little Fourth of July fun, it’s important to be careful, too. As pointed out by fellow attorney David Lowe , fireworks can pose a danger both for those who personally light them, as well as those sitting back to enjoy their bursts of color. That’s not to say you should avoid the tradition entirely, just that you need to be smart while in the proximity of such festivities.

First off, it doesn’t hurt to remind everyone that most fireworks are illegal in Illinois . And while it may be tempting to obtain these stunners illegally or from neighboring states, it’s just not worth it. It’s not worth the risk of getting caught, and it’s not worth the risk of personal injury. Just as a refresher, some items are permitted: sparklers, snake/glow worm pellets, smoke devices, trick noisemakers, and plastic or paper caps. These fun effects can be purchased at retail stores like Target , but even they should be used with caution .

These items, on the other hand, are strictly prohibited: firecrackers, torpedoes, skyrockets, roman candles, and bombs. Why? For starters, do you want little Tommy playing with something called a torpedo? I didn’t think so. The fact of the matter is that you shouldn’t be playing with torpedoes either. Every year, you hear story after story about unfortunate accidents that started out as “innocent” fun. You don’t want to be that story this year. So, as a preemptive attempt to reduce such accidents, I’m sharing 10 safety tips recently promulgated by the Chicago Tribune :

1) Be sure other people are out of range before lighting fireworks.

2) Only light fireworks on a smooth, flat surface away from the house, dry leaves, and flammable materials.

3) Never try to relight fireworks that have not fully functioned.

4) Keep a bucket of water in case of a malfunction or fire.

5) If a sparkler fails to light, douse it with water. Do not put inside a car, building or structure until it has been soaked for a while.

6) Only use fireworks outdoors.

7) Obey all local laws regarding the use of fireworks.

8) Purchase fireworks only from legitimate stores and roadside stands. Their products will be tested for safety. If you want to find a reliable place to buy using a zip code, click here .

9) Always wear safety glasses.

10) Alcohol and fireworks don't mix!

This Fourth of July, don’t forgo the fun, just step up the safety. That way, you can really relax on your long weekend.

Originally posted at InjuryBoard by Nick Avgerinos

Faceless Foibles: Who’s To Blame For Medical Device Mishaps?

Nick Avgerinos — Wed, 25 Jun 2008 16:47:00 GMT

A lot of people see the legal arena as a battlefield. The goal? The attach blame to the enemy faction and extract compensation. But behind those battle lines, there are people. Mistakes have been made and everyone just wants to move on. What makes matters trickier is when there is no one to blame. No, I’m not talking about those rare “Act of God” cases; rather, I’m referring to medical devices gone wrong. Here are some common problems:

Prescription drugs
Heart valves and pacemakers
Implantable contraceptives and intrauterine devices
Prostheses
Latex gloves
Silicone implants
Surgical and physical therapy equipment
Respiratory devices
Contact lenses and dental care products
Laser and orthopedic tools

You assume that just because you’re treated at a well-respected hospital by a well-trained doctor, you’ll be safe. Unfortunately, that’s not the case. Sometimes it’s not about human error. Instead, machines are to blame. And that makes your situation more difficult all around. There’s “no one” to blame, no face to attach to your pain. So what now? Do you have a personal injury claim? Are you the victim of medical malpractice? Well, it depends.

Of particular interest to patients is the recent Supreme Court decision of Riegel v. Medtronic, Inc. As Injury Board member Dan Firth discussed in May, this case involved the bursting of a balloon catheter, manufactured by Medtronic, during angioplasty surgery. The result: Medtronic was not held liable. The suit was dismissed on grounds that the malfunctioning device had pre-market FDA approval and, thus, was barred by the Food, Drug, and Cosmetic Act.

The Court reasoned that the FDA has the responsibility for evaluating the risks and benefits of a new device and assuring that it is safe and effective for its intended use. Thus, they should take the blame for the mistake. And while that may make legal sense to some, it doesn’t make much common sense to most. Why? The FDA approves devices for sale, but it does not guarantee that a particular product is safe. Seems like a game of hot potato, passing the buck as to who’s to blame.

So, where does that leave you? We don’t know yet. The legal landscape is still growing up around this fresh decision. But there’s little question that patients deserve more protection. Keep up-to-date on the latest recalls and always question your care. Until someone is forced to take responsibility for these faceless foibles, you’ll have to be extra aware of choices affecting your health.

Originally posted at InjuryBoard by Nick Avgerinos