The Law Office of Michael J. Joshi
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Kansas City Workers' Compensation Law Blog

How serious is a dislocated bone?

Personal injuries range from head injuries to broken bones. If you have suffered an injury recently, you might be dealing one that affects your arm or arms. If so, then you are probably acutely aware of how frustrating an arm injury can be.

With an arm injury, you may not be able to drive well. You could have trouble typing or completing common, everyday tasks. For this reason, it's important to seek medical care if you suffer an arm injury and want to hold whomever is responsible for your injury accountable for their negligent actions.

How safe are firefighters in Missouri?

Due to the nature of your job as a firefighter in Missouri, you will risk your life almost daily. However, the Occupational Safety and Health Administration prescribes strict standards by which your employer must protect your safety and health. The safety regulations address all known occupational hazards firefighters face and provide manners in which to mitigate them.

The OSHA division of a neighboring state recently published a report in which it listed the most frequently cited safety violations issued in that state in the 2019 fiscal year. Are you exposed to the same hazardous conditions as a firefighter, and do you know your rights to a safe work environment? How much can you learn from the citations issued when your colleagues in your neighboring state had exposure to known risks.

Who is responsible to ensure that everyone is belted in?

A driver who transports passengers in their vehicles in Kansas City takes a great responsibility on themselves when they choose to do so. They are charged with the safety of all of those in the car. Like most, you might assume that responsibility ends with them driving safely so as to avoid any unnecessary risks, yet it even goes farther than that, even down to making sure that everyone is wearing their seat belts

This last statement may seem odd to you in that the common school of thought is that it is up to each individual passenger to ensure their own safety by wearing their seat belt. This assumption is indeed correct in many cases. If you are traveling as a passenger, it is up to you to make sure that your seat belt is fastened. You cannot then sue the driver for not doing so and then being injured in an accident (if your injury is solely due to you not having properly worn your seat belt). 

What is carpal tunnel syndrome?

You no doubt derive a great deal of both personal and professional satisfaction from your career in Kansas City. At the same time, your job can also take a lot out of you. No matter what type of work you do, its physical effects can be felt long after you are off the clock. If these include a tingling or numbness in your fingers, hands, wrists and/or arms, or you experience weakness in your upper extremities that makes performing seemingly simple tasks such as grasping and holding objects difficult, then you may be suffering from carpal tunnel syndrome. 

The carpal tunnel is a passageway on the palm side of your wrist. An important nerve known as the median nerve passes through this passageway and provides sensation to your fingers. According to the Mayo Clinic, irritation to this nerve can lead to the aforementioned symptoms. Sometimes this irritation comes from a wrist fracture or other traumatic injury to the extremities. Yet in many cases, carpal tunnel syndrome is caused by simple wear-and-tear over time. 

Understanding the one-bite rule

Regardless of whether or not you are a dog lover, it is difficult to deny that canines provide millions of Americans with loving companionship. Indeed, the ease at which they can be trained and domesticated often causes many to look past the fact that they are still animals, and as animals, they possess certain instincts that can lead them to act aggressively. If you have been bitten by a dog, you know this better than most. You also know that such an injury can be costly, and can have you wondering whether you can hold their owners legally liable. Many have come to us here at The Law Office of Michael J. Joshi with the same question. The answer depends on where the incident occurred. 

According to the Cornell Law School, a legal principle exists known as "the one-bite rule." This states that you can only hold a dog owner liable for injuries their animal inflicts if there were prior evidence available to them that suggested their dog had the propensity to act aggressively. Essentially, this rule allows a dog one bite before an owner is legally responsible for its actions. However, enforcement of this principle is not uniform across the country. Kansas is a one-bite state, while Missouri is not. 

What is an attractive nuisance?

As a parent in Kansas City, you naturally worry about your kids. Yet you likely take some comfort in knowing that your teaching and example at home have taught them sound judgment (and that such judgment will help keep them out of potentially dangerous situations). While that may be true in many cases, there may be some things that seem so enticing to children (particularly young children) that they cannot be expected to understand the dangers that they pose. Such things are often referred to (in the legal world) as attractive nuisances

The concept of an attractive nuisance first arose due to railroad turntables. It was recognized that children were drawn to them as objects of play, not comprehending the dangers that they posed. This gave rise to "the turntable doctrine," a legal principle which recognizes that some artificial attractions are enticing to young children, and thus puts the liability for any injuries suffered by children due to these attractions squarely on the shoulders of the owners of the properties on which they are found. This principle holds true even in cases where a child is on the property without the owner's permission. 

Hand tools pose deadly hazards that are often ignored

The construction industry in Missouri poses many hazards that could cause injuries with lifelong consequences. Make sure you do not limit your focus to the so-called Fatal Four. The Occupational Safety and Health Administration says the top four construction site fatality hazards include falls, caught-in or between accidents, struck-by accidents and electrocutions.

Hand tools form a significant part of your daily jobs on a construction site, and the hazards they pose deserve more attention than what they get. Although OSHA's safety regulations do not specifically cover hand tools, employers must comply with general standards, which include assured grounding conductors to prevent electrical shocks, along with appropriate personal protective equipment, like gloves and safety goggles.

Defining a property owner’s duty of care

Like most of those that we here at The Law Office of Michael J. Joshi have worked with in the past, you would not dream of inviting another into your home or on to your property in Kansas City without first ensuring that the space was free of any hazards that could potentially cause harm. You no doubt, then, expect that the same courtesy will be afforded to you when you enter on to another’s land. Common courtesy might dictate that property owners meet this standard, yet a question may exists as to what extent they are legally required to. 

In terms of premises liability law, visitors to a property are grouped into three categories: invitees, licensees and trespassers. If you are trespassing on another’s property, the duty of care that property owner may owe to you is limited. Basically, they are not liable for any injuries you suffer or accidents you endure short of intentionally inflicting harm upon you themselves. 

Is my desk job causing back pain?

Back pain is a common gripe for many adults. This is especially true among people who work in offices, who often experience significant pain and discomfort after sitting in a chair for eight or more hours a day. While back pain isn't necessarily damaging on its own, a sedentary lifestyle can lead to a myriad of health issues, some of which may be serious. The Mayo Clinic explains why work-related back pain occurs and what you can do to mitigate its effects.

It's commonly believed that constantly lifting and moving heavy objects at work is the primary source of back pain and strain. While this is definitely a factor, there are other situations that can also cause issues for workers. Repetitive movements, such as constantly bending or twisting your spine, can also be a factor. This type of movement is often present on assembly lines or in warehouses. Conversely, inactivity can be just as damaging to the structures in the spine. Inactivity is a huge concern within an office environment, especially when workers are there for long hours. 

What is reconsideration?

The Social Security Administration rejects a large percentage of the initial claims for Social Security Disability benefits in Kansas City. If you receive a rejection, however, you do not need to accept it as final. You have the right to appeal the SSA's decision. There are several appeal levels you might need to go through before your claim is successful. The first of these levels is the reconsideration. 

If you wish to request a reconsideration, you must act fairly quickly. According to FindLaw, the deadline by which to submit your request is 60 days from the date that you received your rejection letter. It is a good idea to write down the date that you received it, especially if it was more than five days after the letter's date. As long as you can file your request for reconsideration before the deadline, you should not have to start over with a brand new claim. 

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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Cosby Building
107 W. 9th St, 2nd Floor
Kansas City, MO 64105

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