Frankl Miller Webb & Moyers LLPFindLaw IM Template2024-02-22T03:56:35Zhttps://www.fmwm.law/feed/atom/WordPressOn Behalf of Frankl Miller Webb & Moyers LLPhttps://www.fmwm.law/?p=527042024-02-16T03:57:15Z2024-02-22T03:56:35ZExposure to hazardous substances
A key reason agricultural and forestry are the state’s most hazardous occupations is the exposure workers face to hazardous substances. Pesticides, fertilizers and other chemicals can pose serious health risks to workers. Workers may experience acute or chronic health effects from exposure to these substances. Respiratory problems, skin irritation and neurological damage are all possible results of exposure.
Machinery accidents and injuries
Another major hazard in agricultural and forestry work is the risk of machinery accidents. Farming and forestry equipment such as tractors, chainsaws and logging machinery can be quite dangerous. Accidents involving these machines can lead to fatalities. They can also lead to a variety of injuries, including crush injuries, amputations and traumatic brain injuries.
Outdoor hazards and environmental risks
Working outdoors exposes people to a range of environmental hazards and risks. Adverse weather conditions can pose dangers to workers' health and safety. Exposure to wildlife, uneven terrain and natural disasters can further increase risks.
Bull Run Now reports that agriculture is the state’s most dangerous industry, with seven Virginia agricultural workers losing their lives in 2021. Addressing occupational hazards requires a multifaceted approach that includes implementing safety regulations and providing comprehensive training for workers. By prioritizing the health and safety of agricultural and forestry workers, the state can work toward reducing workplace injuries and fatalities in these sectors.]]>On Behalf of Frankl Miller Webb & Moyers LLPhttps://www.fmwm.law/?p=527072024-02-16T03:57:06Z2024-02-22T03:56:33ZLegal consequences
Virginia's traffic laws place strict restrictions on U-turns. Violating these regulations can lead to substantial fines. The exact amount of the fine varies depending on the jurisdiction, but it can mean a considerable financial burden. Moreover, making an illegal U-turn may invite further legal action, such as citations or points on the driver's record. If you have enough points, you could face license suspension.
When drivers engage in illegal U-turns, they risk catching the attention of law enforcement officers. Traffic stops due to illegal U-turns can lead to other charges such as reckless driving, especially if the U-turn is part of a larger pattern.
In Virginia, conviction for reckless driving can result in fines, license suspension and even jail time, depending on the circumstances. Additionally, a reckless driving charge stays on a driver's record for an extended period, potentially affecting insurance rates and future employment opportunities. A ticket for an illegal U-turn by itself can increase insurance rates, too.
Traffic congestion
Attempting a U-turn in prohibited areas heightens the risk of accidents, potentially resulting in severe injuries or fatalities. Such reckless maneuvers disrupt the orderly flow of traffic, creating hazardous conditions for everyone on the road.
The consequences of illegal U-turns in Virginia can stay with drivers for years. Motorists facing traffic charges should take these matters seriously as they navigate the process.]]>On Behalf of Frankl Miller Webb & Moyers LLPhttps://www.fmwm.law/?p=527002024-02-13T18:09:28Z2024-02-16T07:48:59ZCommon injuries in the transportation sector
Truck drivers and delivery personnel face unique occupational hazards daily. Here's a closer look at the most likely injuries these workers may encounter:
Musculoskeletal injuries:
Strains and sprains: Often a result of lifting heavy items.
Back injuries: Long hours of sitting, coupled with vibrations from the vehicle, can lead to chronic back pain.
Traumatic injuries:
Fractures and lacerations: Can occur during loading and unloading cargo, or as a result of vehicle collisions.
Head injuries: These can range from concussions to more severe trauma, especially during an accident.
Accident-related injuries:
Whiplash: Sudden stops or collisions can cause neck injuries.
Broken bones: More common in serious accidents.
Workers’ compensation can cover various work-related injuries, including these if they meet the accident test that is required in Virginia. Call for a free consultation to discuss your facts.
What workers’ comp provides
Workers' compensation can pay for a worker’s medical expenses and a part of their lost wages due to their injuries. It can also provide compensation for disabilities resulting from work-related injuries. In the case of vehicle-related injuries, coverage includes accidents occurring in the scope of employment. But this does not necessarily mean only while driving.
If you're injured while performing any work-related task, you may be covered.
Filing a workers’ compensation claim
In Virginia, you have two years from the accident date to file a workers' comp claim. However, your employer can deny your claim for several reasons, such as having an incomplete claim form or a discrepancy in your claim.
If this happens, you can send a written request to Virginia’s Workers’ Compensation Commission for a hearing over the dispute. Consider consulting with a legal professional, who may be able to help guide you through the appeal process.]]>On Behalf of Frankl Miller Webb & Moyers LLPhttps://www.fmwm.law/?p=526922024-02-02T06:16:01Z2024-02-07T06:15:48ZMyth: Only severe injuries qualify for compensation
In 2022, private employers in the U.S. reported 2.8 million nonfatal workplace injuries and illnesses, and some of these injuries were severe while others were not. Workers' compensation covers a range of injuries, including minor ones. From sprains and strains to more serious injuries, if the injury is work-related, it may be eligible for compensation.
Myth: Filing a claim means blaming the employer
Some believe that filing a workers' compensation claim is akin to blaming the employer for the injury. However, workers' compensation operates on a no-fault basis. It provides benefits to injured workers regardless of who is responsible for the accident or injury.
Myth: Preexisting conditions disqualify workers
If a work-related incident aggravates or exacerbates a preexisting condition, the worker may still be eligible for compensation. Workers can receive benefits for new injuries or worsened preexisting conditions resulting from work-related incidents.
Myth: Only full-time employees can file claims
Workers' compensation typically covers employees, regardless of their employment status. If the injury is work-related, part-time and temporary employees may be eligible for compensation.
Myth: Immediate reporting guarantees approval
While prompt reporting of workplace injuries is essential, immediate reporting does not guarantee automatic approval of workers' compensation benefits. The approval of benefits involves an investigation process, and the outcome depends on factors such as the nature of the injury, medical evidence and adherence to reporting procedures.
Myth: Seeking compensation leads to job loss
Some workers fear that seeking workers' compensation benefits will result in job loss or retaliation. However, laws generally prohibit employers from retaliating against employees for filing a workers' compensation claim.
Even if you follow all proper steps and procedures when filing your workers’ compensation claim, it can still get denied. If this happens to you, take action to protect your right to fair and proper compensation.]]>On Behalf of Frankl Miller Webb & Moyers LLPhttps://www.fmwm.law/?p=526792024-01-23T19:31:18Z2024-01-23T19:31:18ZAll drivers on the road, including those operating large trucks, have a duty to drive responsibly and follow traffic laws. This includes obeying speed limits and using proper signals before turning or changing lanes. In situations where a driver fails to give proper signals, they may face serious consequences under Virginia laws.
In extreme cases, they may even face a reckless driving charge.
What state law says about turn signals
According to Virginia law, drivers should exercise caution when changing direction or speed. This means that they must provide “adequate and timely signals” to communicate their intentions to other drivers on the road. The term “adequate” means that the signal must be clear enough for other drivers to understand the driver’s intentions. On the other hand, the term “timely” means that drivers must give those signals early enough for other drivers to react safely. This law applies to all drivers, regardless of the type of vehicle they are driving.
Failure to abide by the law
Unfortunately, it’s possible for drivers to neglect to use their signals. Forgetting to signal to other drivers could result in violations of the law.
In such cases, drivers can cause confusion or accidents on the road, putting other drivers at risk. These situations could escalate, leading to a reckless driving charge. The law aims to prevent these dangerous scenarios and their subsequent repercussions by mandating the use of adequate and timely signals for every intended action on the road.
Reckless driving is a crime
Virginia does not treat reckless driving just like any minor traffic violation. In fact, the state considers it a crime. So, given its severity, it’s crucial for drivers who plan to turn, slow down or stop at any moment to use their turn signals effectively and promptly. Otherwise, they could be at risk of receiving a reckless driving charge. For drivers with an active charge of this nature, they should consider seeking an attorney to help with their case. This can help protect their rights in the event of further legal complications.]]>On Behalf of Frankl Miller Webb & Moyers LLPhttps://www.fmwm.law/?p=526732024-01-04T06:29:33Z2024-01-09T06:29:11Z1. Strains and sprains
One prevalent type of injury in manufacturing is strains and sprains. These occur when employees engage in repetitive motions or lift heavy objects without proper techniques. Strains and sprains can affect various body parts, such as the back, neck or shoulders.
2. Cuts and lacerations
The manufacturing environment often involves working with sharp tools, machinery and materials. As a result, employees may be prone to cuts and lacerations. Strict adherence to safety protocols, including the use of personal protective equipment like gloves and safety glasses, is necessary to prevent these injuries.
3. Falls from heights
Manufacturing facilities often have elevated platforms or work areas, putting employees at risk of falls. Lack of proper safety measures, such as guardrails or non-slip surfaces, can contribute to accidents.
4. Impact injuries
Employees working with heavy machinery or moving parts may be susceptible to impact injuries. These can occur when a worker gets struck by an object or caught in machinery.
5. Respiratory issues
Certain manufacturing processes release airborne particles or fumes that can lead to respiratory problems. Inhaling dust, chemicals or other pollutants may cause respiratory issues over time.
In 2020, U.S. manufacturers reported 373,300 nonfatal workplace injuries or illnesses. In the event of an injury, it is important for employees to promptly file a workers' compensation claim. This ensures that they receive the necessary medical attention and compensation for any time away from work.]]>On Behalf of Frankl Miller Webb & Moyers LLPhttps://www.fmwm.law/?p=525992024-01-02T05:29:15Z2024-01-06T05:28:28ZBefore filing any forms, it is a prerequisite for an injured worker to report the incident or the diagnosis to their employer. In most cases, employees should do so as soon as possible. Still, the appropriate timeline is within 30 days after sustaining the injury or receiving a diagnosis of a work-related injury. Failing to meet this deadline could increase the chances of the claim's denial.
Once reported, the injured worker can file a claim using the following channels:
Appearing in person: Fill out the claim for benefits form and submit it to any of the commission's offices. Remember that the office might require identification for all visitors, including claimants.
Mailing the claim: Claimants can complete the form and send it by mail to the Workers' Compensation Commission's Richmond address.
Faxing the form: Claimants can fax the completed form to 804-823-6956.
Using the online portal: The claimant can create an account online using their identification numbers. Then, they can file a claim through the online portal.
Choosing the method of filing a claim could depend on the claimant's preferences. If they face any issues during the process, they can contact the commission by mail or phone for guidance.
Organizing claim requirements
No amount of preparation can guarantee approval of a workers' compensation claim. However, organizing requirements and meeting deadlines could help the commission respond appropriately based on the claim's details.
]]>On Behalf of Frankl Miller Webb & Moyers LLPhttps://www.fmwm.law/?p=526702023-12-20T04:50:29Z2023-12-26T04:49:42ZCriminal penalties
Virginia's DUI laws are stringent, imposing harsh penalties for those found guilty of driving under the influence and causing injuries. A DUI conviction typically leads to fines, license suspension and mandatory attendance at alcohol education programs. However, when an incident involves injuries, the consequences become more severe.
Felony charges
In cases where the DUI results in injuries, the charges can escalate to a felony. Felony charges carry more severe consequences than misdemeanors, potentially leading to substantial fines and lengthy prison sentences. The severity of the injuries sustained by others often influences the degree of the felony, with more severe injuries leading to more significant legal consequences.
Restitution for the injured
Beyond the criminal penalties, individuals convicted of DUI with injuries may need to pay restitution to the person injured. Restitution aims to compensate those who suffered harm for medical expenses, property damage and other losses resulting from the incident. This financial burden can add up quickly, exacerbating the already substantial impact of a DUI conviction.
Ignition interlock device
For those convicted of DUI in Virginia, the court may mandate the installation of an ignition interlock device in their vehicle. This device requires the driver to pass a breathalyzer test before starting the car, serving as a preventive measure against future instances of driving under the influence. The installation and maintenance costs for this device are the responsibility of the person charged.
In 2021, 6,749 crashes in Virginia involved alcohol. While the ramifications of a DUI involving injuries are far-reaching, the right defense may provide a better outcome.]]>On Behalf of Frankl Miller Webb & Moyers LLPhttps://www.fmwm.law/?p=526662023-12-06T04:15:24Z2023-12-12T04:14:57Z1. Irregular sleep patterns
Erratic schedules and the pressure to meet tight deadlines often result in irregular sleep patterns for truck drivers. That is especially so considering that the U.S. had a trucker shortage of 80,000 in 2021. Sleep deprivation affects cognitive function, impairs decision-making skills and increases the risk of accidents on the road. Furthermore, chronic sleep disturbances can contribute to various health issues, including diabetes and hypertension.
2. Unhealthy dietary habits
Truck stops and fast-food joints are frequent pitstops for drivers on the go. The convenience of these options, however, often comes at the expense of nutritional value. A diet high in processed foods and lacking in essential nutrients can lead to weight gain, heart problems and digestive issues. Over time, these dietary choices contribute to the development of chronic conditions that may go unnoticed until they reach a critical stage.
3. Mental health struggles
The solitary nature of the trucking profession can take a toll on mental health. Long hours alone on the road lead to social isolation, potentially causing stress, anxiety and depression. The absence of a support system during tough times exacerbates these issues, making it important for trucking companies to address the mental well-being of their drivers.
Understanding the concealed health hazards faced by truck drivers is important for promoting their overall well-being. Addressing these issues through proactive measures can contribute to a healthier and safer environment for those who navigate the highways day in and day out.]]>On Behalf of Frankl Miller Webb & Moyers LLPhttps://www.fmwm.law/?p=526622023-12-05T06:36:25Z2023-12-08T06:36:10ZFederal law requires a low blood pressure
As a truck driver, having hypertension does not just put your health at risk, but it could also endanger you and others on the road. High blood pressure increases the likelihood of experiencing a stroke or heart attack and can cause symptoms like dizziness or fainting. Managing your condition is not only important for your health, but it is also a must for you to continue driving.
Generally, the law requires that you maintain a normal blood pressure range of 140/90 or lower to receive or maintain commercial driver certification. Hypertension can shorten your certification period and require you to undertake more frequent health checks.
Additionally, a very high blood pressure reading of 180/110 could disqualify you from driving. You may not be able to drive until you reduce your blood pressure.
Tips for lowering blood pressure
Truck drivers are not strangers to hypertension. The good news is that you can control the condition with or without medication. Even small lifestyle changes could make a big difference in your health.
Here are just a few ways to reduce your blood pressure naturally:
Exercise regularly: The American Heart Association suggests engaging in moderate to intense physical activity for at least 150 hours every week. That comes out to less than 30 minutes of exercise daily, which you can squeeze in before or after your shift.
Reduce caffeine intake: Caffeine intake can raise your blood pressure. Giving up sodas and coffee in favor of water could benefit your heart significantly.
Get enough sleep: Sleep deprivation can increase your risk of cardiovascular diseases while impairing your ability to drive safely. Maintaining a sleep schedule and practicing other good sleeping habits are a good start.
Eat healthier: Eating healthy is challenging when you have a busy schedule. Planning your meals in advance can help reduce food prep time and allow you to keep track of what you are eating.
The stress and exhaustion of being a commercial truck driver can take a toll on your health over time. It may eventually force you to change careers. If you developed high blood pressure and related heart conditions because of your duties, you may qualify for workers’ compensation. It may help cover the amount you spend on medical bills and travel due to your condition.]]>