The Law Office of Michael J. Joshi
Legal Representation For Clients In Missouri And Kansas
913-428-0199 KS 800-566-7492 MO

Kansas City Workers' Compensation Law Blog

How can I keep my child safe when riding a bike?

Now that summer is here, plenty of children in Kansas are spending ample time riding bikes outdoors. While this is a fun and healthy activity, it also leaves your child vulnerable to accidents, which can sometimes be caused by careless drivers. There are tips you can provide your child to ensure that she is as safe as possible when riding a bike, as explained by KidsHealth.org

Always wear a helmet

What is post-traumatic stress disorder?

Being witness to or a victim of a traumatic episode causes a wide range of mental and emotional effects. This condition is known as post-traumatic stress disorder (PTSD), which can be disabling for some people depending on the details surrounding an incident. The American Psychiatric Association explains some of the symptoms of PTSD and how this mental condition is often treated. 

PTSD can have a variety of causes. It's often associated with combat veterans, but it can occur to anyone who's experienced a traumatic event. Additionally, it can also impact a witness of a traumatic event even if no harm befell that person. PTSD can arise from violent assaults, accidents, or natural disasters. It's usually characterized by a distinct set of behaviors that make it difficult for a person to live a normal and fulfilling life.

Are my kids safe on trampolines?

If your child is visiting a friend or family member with a trampoline at their home, you're right to be a bit concerned. Trampolines can result in injuries, including broken bones and concussions in more serious cases. That's why it's crucial to take the proper steps to safeguard kids jumping on trampolines, especially when there are multiple children present. The Mayo Clinic makes the following recommendations. 

Placement of a trampoline must be considered carefully for optimum safety. They should be kept far away from potential hazards on flat, even ground. If the ground is uneven, it's possible the trampoline will tip over. If it's placed near a steep drop off, a child may be seriously injured if he or she falls off the trampoline. In the same token, certain safety features should be used to make jumping as safe as possible.

Is your job robbing you of your hearing?

If you are working in the construction industry in or around Kansas City, noise is likely such a part of your work environment that you accept it without a second thought. Did you know that, according to the Centers for Disease Control and Prevention, a significant percentage of the work-related illnesses reported nationwide, including Missouri, involves occupational hearing loss? Hearing loss is irreversible, but it is preventable.

Excessive exposure to loud noise or chemicals classified as ototoxic typically causes occupational hearing loss. The Occupational Safety and Health Administration mandates that employers must prevent noise exposure at sound levels that exceed an average of 85 decibels in an eight-hour time-weighted period.

How can I remain safe while working around biohazards?

Some workplaces are more dangerous than others. For instance, those working within a medical clinic or hospital may come in contact with biohazards in the forms of blood or other bodily fluids. These biohazards can carry serious diseases, which may be transferred to workers if the right steps aren't taken to protect them. Aftermath.com explains the steps workers can take to protect themselves, as well as the obligations of employers when it comes to keeping employees safe and secure. 

When working in direct contact with known biohazards, protective gear is of the utmost importance. This includes suits to cover your clothing, face masks, respirators, goggles, gloves, and protective coverings for shoes. This gear prevents you from making direct contact with bodily fluids or other hazards, which can pose issues if they make contact with your skin. Even if a situation doesn't seem hazardous, it's better to be overcautious. 

When a drunk driver hits a pedestrian

Pedestrian accidents happen for countless reasons, from poor visibility to speeding and walking too close to traffic. However, many pedestrian accidents are the result of drug and alcohol intoxication. During the summer months, there are many drivers who make the poor decision to drive while under the influence of alcohol, placing their own lives in danger and threatening the lives of many others on the road. Sadly, some drunk drivers have struck pedestrians, resulting in significant injuries or even the loss of life.

When a drunk driver collides with a pedestrian, they must be held responsible for the hardships that their poor decisions have caused. A pedestrian’s life may be completely upended, causing them to sustain a broken bone or some other serious injury. Following the accident, they may have to miss work while recovering from their injuries, and a host of financial problems may arise. Not only does missing work lead to financial difficulties, but hospital expenses and other issues may also make it very hard for victims to recover financially.

Qualifying for disability due to anxiety

Many in Kansas City may believe anxiety to be something that every working professional has to deal with. Yet for many of those that we here at The Law Office of Michael J. Joshi have worked with in the past, they anxiety is such that it seriously impedes their ability to work. If this describes your current situation, then you may also be experiencing additional stress at the thought of not being to provide for yourself and your loved ones due to your anxiety keeping you from working. You will be happy to learn, however, that anxiety is indeed listed among the disabling conditions recognized by the Social Security Administration. 

As is the case with all conditions, however, your anxiety must be demonstrated to be at a certain level before you can qualify for Social Security Disability benefits. First and foremost, you must be suffering mental limitations when it comes to comprehending basic information, interacting with others, being able to concentrate or adapting to different situations. On top of that, you must be experiencing one of the following symptoms: 

  • Anxiety disorder characterized by a combination of fatigue, restlessness, irritability, muscle tension, difficulty concentrating and/or sleep disturbance 
  • Panic disorder demonstrated by either panic attacks or agoraphobia (a disproportionate fear of public situations)
  • Obsessive-compulsive disorder characterized by repetitive behaviors or an involuntary preoccupation with intrusive thoughts

Disney sued after bird attacks guest at resort

People in Kansas City may often associate a bad reputation with personal injury lawsuits, viewing them as thinly-veiled attempts by people to make others pay for their accidents and/or injuries. Oftentimes, and accident may appear to be just that. As accidents by their very nature are typically unanticipated, some might say that any legal action arising from them is unwarranted. Yet typically, it is often not the actual event that is addressed in a lawsuit, but rather the conditions that contributed to it. From that perspective, a strong argument might by made that persons or parties in authority had it within their power to prevent an accident from ever occurring. 

Such is the claim being made on behalf of a Florida woman who claims to have suffered an injury after she was attacked by a bird while at Disney World. The woman's attorney claimed that the Disney company had a responsibility to warn guests in its parks and resorts that the birds nesting in the landscape could potentially cause harm. That is what they allege to have happened to this woman. She was standing on the dock at one of Disney's resorts when a bird "dive bombed" her, causing her to suffer serious brain injury, as well as disability and disfigurement that have contributed to her enjoying a lesser quality of life. 

Understanding cognitive deficits

Most might assume that the need to seek legal action after someone has suffered a traumatic brain injury disappears if the victim appears to have recovered after the incident. "Recovered" is often assumed to be walking, talking and doing all of the activities most associate with a healthy individual. Yet when watching your loved one following their TBI, you may notice something about them just appears to be off. Many have come to us here at The Law Office of Michael J. Joshi having noticed the same thing wondering what sort of assistance may be available to them in dealing with it. 

What you are noticing may be a cognitive deficit. Cognition is the capacity to function and communicate in everyday settings (such as at home and in the workplace). People who have suffered brain injuries (even mild TBI) may often develop deficits that make accomplishing the same things they did prior to their accidents difficult. According to the Centers for Disease Control and Prevention, common symptoms associated with cognitive deficits include: 

  • Memory loss
  • Poor judgment
  • Visual impairments
  • Difficulty regulating mood and emotions
  • Lack of attention 
  • Difficulty in analyzing and solving problems

Long shift workers may need workers' compensation more frequently

You spent years training, honing your craft and working hard to reach where you are today. Whether you work in manufacturing, mining, construction, health care or any other type of high-skilled industry, you understand the importance of all training. Unfortunately, some companies appear to have forgotten some of these essentials. Your employer's actions could be putting you in a position where you will need workers' compensation benefits in the near future.

Inexperienced and underqualified workers are making up an increasing portion of the workforce. Many employers hire these inexperienced employees on a temporary basis as contract workers. Even if they are not at your workplace for the long haul, they could still put the safety of you and your co-workers at risk.

Contact The Law Office of Michael J. Joshi

Lenexa Office
Commerce Bank Building
8700 Monrovia, Suite 208
Lenexa, KS 66215

Toll Free: 800-566-7492
Phone: 913-428-0199
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Kansas City Office
By Appointment Only
Cosby Building
107 W. 9th St, 2nd Floor
Kansas City, MO 64105

Toll Free: 800-566-7492
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