Bremseth Law Office PCMinnesota FELA Railroad Accident Lawyers | Personal Injury2024-02-22T14:21:33Zhttps://www.bremseth.com/feed/atom/WordPress/wp-content/uploads/sites/1203226/2022/09/site-icon-75x75.pngOn Behalf of Bremseth Law Firm PChttps://www.bremseth.com/?p=2546812024-01-12T16:09:57Z2024-01-12T16:09:57ZTraumatic brain injuries
In 2021, 46,980 people died and 5,400,000 people sought medical attention for motor vehicle accident injuries, but many of these injuries were disabling or catastrophic. One of the most severe consequences of a car accident is a traumatic brain injury. A sudden jolt or impact can cause the brain to collide with the skull, leading to bruising or tearing. TBIs can result in long-term cognitive impairments, affecting memory, concentration and overall brain function.
Spinal cord injuries
Car accidents can also cause damage to the spinal cord, leading to paralysis or loss of motor function. The severity of spinal cord injuries varies, but even a minor injury can have significant consequences.
Internal organ damage
The force of a car crash can cause internal organs to collide with each other or with the bony structures of the body. This can result in organ rupture or internal bleeding. Prompt medical attention is important to identify and address internal injuries effectively.
Severe burns
In some accidents, vehicles may catch fire, leading to severe burns. Burns can cause long-term physical and emotional trauma. They may require extensive medical treatment and rehabilitation.
Emotional and psychological impact
Beyond physical injuries, car accidents can also have a profound emotional and psychological impact. Post-traumatic stress disorder, anxiety and depression are common after a traumatic event.
Defensive driving, obeying traffic rules and using safety features reduce the risk of severe injuries in the event of a car accident.]]>On Behalf of Bremseth Law Firm PChttps://www.bremseth.com/?p=2546802023-10-16T18:26:00Z2023-10-16T18:26:00ZWhat is whistleblower retaliation?
Whistleblowing occurs when someone tells others about illegal or unsafe things happening at their workplace. In 2022, 2832 whistleblower cases received reviews. For railroad workers, this might mean reporting safety problems, fraud or unfair treatment.
Retaliation occurs when an employer fires, denies advancement, demotes or otherwise punishes a whistleblower because he or she reported a problem.
What legal protection do railroad workers have?
The Federal Railroad Safety Act stops employers from treating railroad workers badly after they report safety issues or problems. It covers reporting injuries, refusing to work in unsafe conditions or helping with safety investigations. If a railroad worker receives unfair treatment because they told someone about a problem, they can file a complaint with the Occupational Safety and Health Administration.
The National Transit Systems Security Act helps employees of commuter railroads if they receive punishment for reporting security issues or problems. Just like the FRSA, employees can file complaints with OSHA if they think employers treat them unfairly.
What are railroad workers’ rights?
If workers tell someone about a problem and receive punishment, they should write down what happened. Include the dates, times, places and the people involved. The Government Accountability Project and Empower Oversight Whistleblowers & Research can help protect these whistleblowers.
Whistleblower protection laws keep railroad workers safe from retaliation.]]>On Behalf of Bremseth Law Firm PChttps://www.bremseth.com/?p=2546782023-07-12T14:48:03Z2023-07-12T14:48:03Zyour spine is particularly vulnerable to damage from this danger, which is known as Whole-Body Vibration (WBV), it’s important to understand what you can do if you suspect your chronic neck and back injuries are due to your job. Compensation is available for damages due to WBV, but it’s essential to work with an attorney who can guide you through the proper steps to access the funds.
What Is Whole-Body Vibration? Why Does It Impact Railroad Workers?
Many people who ride in a boat or car for long periods of time will experience some shakiness after their trip. However, rail employees are exposed to vibrations from train engines and other factors over an extended period of time. The result can be WBV. People suffering from WBV symptoms report fatigue, stomach issues, headaches and loss of balance, as well as spinal pain. Back problems related to WBV can include herniated disks, degenerative disk disease and arthritis. The chronic pain that results from these spinal conditions can lead to long periods off work or having to leave your career because of disabling injuries.
While bus and truck drivers have seen improvements in seating and vehicle construction to reduce WBV injuries, the railroad industry lags behind in development of safety equipment to minimize body vibration. If you believe your spinal injuries could be related to WBV, you can file a claim through the Federal Employers Liability Act (FELA) to recoup the losses you’ve experienced because of your work injury.
How To File A FELA Claim For WBV Injuries
FELA differs from state-run “no fault” workers’ compensation programs. It allows a railroad employee injured on the job to sue their employer for damages in civil court. The employee must prove negligence by the employer. Documenting a lack of updated seats or standing mats in the locomotive cab, or other measures designed to disrupt exposure to the vibrations, could form the basis for a WBV claim under FELA.
Railroad workers may ask for damages in their FELA claim that include: medical treatment costs, wage losses, pain and suffering, and mental distress related to the injury. An attorney well versed in railroad law and FELA claims can evaluate your WBV injury claim and represent your interests in court or settlement negotiations.
]]>On Behalf of Bremseth Law Firm PChttps://www.bremseth.com/?p=2546742023-05-23T14:06:01Z2023-05-23T14:06:01ZThe insurance company is not your ally
The insurance company typically starts with a low settlement offer in an effort to save as much money as possible. Remember that the offer you receive is in the insurance company’s best interests, not yours. An attorney can work in your best interest to get you a fair settlement.
Attorneys can draft a counterclaim
Responding to a low settlement offer requires expertise, especially to support that counterclaim with evidence. An attorney can craft a comprehensive argument for a settlement amount with treatment information, prognosis and legal precedent.
You may not know your rights
Working with an attorney also ensures protection for your rights. Without an understanding of personal injury law, you could sacrifice your rights in the case without realizing it. An attorney advocates for you and protects your rights throughout the process.
Understand the basics of legal representation for your settlement negotiation to help you decide if an attorney is right for your case. The more you understand, the easier it is to protect your rights and get the settlement that you deserve.]]>On Behalf of Bremseth Law Firm PChttps://www.bremseth.com/?p=2546732023-02-27T16:28:34Z2023-02-27T16:28:34ZDo motorcycle helmets reduce the risk of traumatic brain injury?
The Centers for Disease Control reports that motorcycle helmets reduce the risk of head injury by 69%. To exemplify this point, the CDC also reports that helmets are responsible for saving an estimated 1,872 lives in 2017. Furthermore, the NHTSA estimates that helmets were capable of saving an additional 749 lives in 2017.
Does Minnesota law require motorcycle riders to wear helmets?
Motorcycle operators and passengers under the age of 18 must wear a DOT-approved helmet as per Minnesota law. Additionally, all operators driving a motorcycle under a learner's permit must wear a helmet. Though helmet standards do not necessarily keep pace with the medical understanding of traumatic brain injuries, the presence of helmets has the potential to save lives and riders should acknowledge this regardless of legal requirements.
Motorcycle accidents can be catastrophic and life-altering, both physically and financially. Riders who experience an accident due to the negligence of other motorists and sustain a TBI as a result have the right to pursue compensation through legal action.]]>On Behalf of Bremseth Law Firm PChttps://www.bremseth.com/?p=2546592022-11-14T18:57:42Z2022-11-14T18:57:42ZWeaker hands and joints
According to the Cleveland Clinic, overuse of your limbs can lead to tendinitis, which affects how much you can lift heavy items and bend your arms and hands. Sharp increases in pain whenever you attempt to use your wrist or elbow make impact your ability to complete your job.
You may notice redness and swelling as time goes on, and it could be harder to use your fine motor skills without pain.
Tears in knees
When your muscles and tendons do not get enough rest during the day or are stuck in the same straining pose for a long amount of time, you may suffer from trauma. You could notice an increasing sense of numbness as the injury itself becomes worse over time. When you need to use your legs or bend your knees in order to operate a train, you risk repetitive stress injuries getting worse.
Serious shoulder and neck pain
Continual vibrations and unusual amounts of pressure on your shoulders or neck can lead to lasting pain. If you often lift your arms above your head for long periods of time, you could also suffer from repetitive shoulder injuries.
When working with trains, being aware of how repetitive motions can lead to injuries can help you understand what steps to take next.]]>On Behalf of Bremseth Law Firm PChttps://www.bremseth.com/?p=2545702022-09-30T18:52:26Z2022-09-03T20:55:13Z1. Concussions
Concussions are very common in car crashes. As the body moves suddenly and violently during the impact of the crash, the brain moves within the skull. A concussion is rarely life-threatening, but it is still a serious injury that needs treatment.
2. Brain contusions
A brain contusion is a bruise on your brain. They happen in car accidents when your head hits something. While many brain contusions heal on their own, serious contusions can cause blood clots and bleeding in the brain.
3. Skull fractures
If an impact to your head is hard enough, your skull can fracture. Signs and symptoms of a skull fracture include visible bleeding from the ears or nose and swelling where the impact occurred.
4. Penetrating brain injuries
As the name suggests, a penetrating brain injury is when an object breaks through the skull and penetrates the brain. The most common outcome from this type of injury is death. Those who survive often have lifelong debilitating disabilities.
Health problems caused by traumatic brain injuries can be short-lived or last a very long time, depending on the severity of the injury. When children suffer traumatic brain injuries, the injuries can impact the continued development of their brains.]]>On Behalf of Bremseth Law Firm PChttps://www.bremseth.com/?p=488052022-07-16T20:48:59Z2022-07-16T20:48:59Zthe corporation bears financial responsibility for the incident.
Amtrak tried to blame Steve Brown
The former locomotive engineer did not notice a speed limit change sign. Because of this, he was unable to slow down fast enough, and the train was at a speed of 80 mph in a 30 mph zone. In order to avoid financial liability, Amtrak had to prove an employee was solely at fault, Steve Brown in this case. However, a court granted him the right to sue the company.
Amtrak was negligent
The National Transportation Safety Board found that the accident was preventable. Amtrak failed to properly prepare Steve Brown. There were also other issues, including insufficient practice runs and lack of appropriate speed control software. There were also equipment issues that the corporation knew about. The board concluded that Brown was not at fault, but Amtrak and other involved parties were.
The Federal Employers Liability Act allows railroad workers to seek compensation for injuries as long as they were not completely at fault. It protects the rights of employees like Steve Brown who received a settlement to cover the harm suffered because of his employer's negligence.]]>On Behalf of Bremseth Law Firm PChttps://www.bremseth.com/?p=485842022-09-30T18:45:23Z2022-06-16T00:49:00Zoil field injuries in oil-producing states such as North Dakota.
Explosions and fires
Oil is able to ignite with just a small spark, making explosions and fires one of the leading causes of injuries in the oil industry. Lack of equipment maintenance and improper employee supervision are two of the many factors that make an oil field more at risk of fires and explosions. Fires can spread rapidly and become devastating quickly, so this is a great cause of concern for oil workers.
Slips and falls
Oil itself is greasy, so it makes sense that working around this material would put a worker at greater risk of a slip and fall. Some ways to reduce this hazard include proper cleaning and picking up equipment that someone could easily trip over.
Exposure to chemicals
Exposure to chemicals such as hydrocarbon gases in the oil industry is another cause of on-the-job injuries. Exposure to these gases under the wrong circumstances has the potential to cause seizures and organ damage. Always wear proper personal protective equipment when dealing with harmful chemicals.
Knowing some of the most common causes of oil field injuries can not only help you avoid them but allow you to get the help you need if you are a victim of those injuries.]]>On Behalf of Bremseth Law Firm PChttps://www.bremseth.com/?p=485792022-04-14T03:03:28Z2022-04-14T03:03:28Zcatastrophic personal injuries, both on and off the road. Certain unfortunate accidents can affect any individual in close proximity to a large truck when they occur.
Common causes of semi-truck injuries
Statistics show 4,119 deaths in 2019 resulting from large truck crashes. While many deaths and injuries are the direct results of a collision, there are other factors that can lead to a semi-truck injury. Common causes of large truck injuries include:
Falling debris
Failure to warn other drivers when stalled on the roadside
Fatigued drivers
Distracted driving
Common injuries that a trucking accident can cause
The damage that a semi-truck can cause to an individual varies greatly depending on the nature of the accident. The cargo can have an effect as well, especially if it is flammable. Large trucks can easily cause some of the following injuries:
Burns
Dislocated discs
Broken bones
Head trauma
Paralysis
Individuals who suffer injuries in a trucking accident have the right to file a claim and pursue financial compensation. In many cases, the truck driver is not the only liable party. Trucking companies, manufacturers, loading teams and insurance providers all may play a part in the events leading to a disastrous accident. Knowing how an injury can occur and what steps to take afterward is essential for anyone sharing the road with large trucks.]]>