Justia Lawyer Rating for David M. Barish

osha-heat-ad-large-en-page-001-267x300Most heat-related health problems can be prevented, or the risk of developing them can be reduced. For indoor environments, refer to the information below.

Engineering Controls

The best way to prevent heat-related illness is to make the work environment cooler. A variety of engineering controls can reduce workers’ exposure to heat:

If you’re hurt in an accident where the at-fault driver was an Uber or Lyft driver, you may be concerned about getting a proper and full payout for your claim. Fortunately, rideshare companies like these offer liability insurance for their drivers. That coverage only applies in certain situations and, even if it does, it may require strenuous effort (just like in many other insurance situations) to get the insurer to pay up. To be sure that you are pursuing your claims in the right way, and getting the full payout that you deserve, be sure you have a knowledgeable Chicago injury attorney guiding you throughout the process.

As it now stands, Uber and Lyft drivers in Illinois are generally considered independent contractors. As a result of that, if your injuries were the result of an Uber or Lyft driver’s negligence, the rideshare company may try to get the driver’s personal insurance to pay. Many drivers’ personal insurers, however, will refuse claims resulting from the driver’s Uber/Lyft activities unless the policy includes commercial coverage. That’s because most personal policies say that the driver must use the vehicle only for personal use and, if she/he doesn’t, then the insurer isn’t liable for paying claims based on that non-personal-use accident.

Fortunately, there is the insurance coverage held by Uber or Lyft. The amount of compensation that you may be able to seek depends on what the driver was doing when the accident took place. If the driver was not logged into the Uber or Lyft app at the time of the accident, then Uber or Lyft’s insurance will say that the driver was not operating as a rideshare driver at the time and will deny coverage. (Of course, if that happens, then you may be able to assert successfully that the driver was using the vehicle for personal use in that moment and pursue a successful claim against the driver’s personal insurance.)

When you are hurt at work and it becomes necessary to pursue a claim for workers’ compensation benefits, there are several hurdles you have to clear. For one thing, you have to meet all of the procedural requirements that go with the workers’ compensation claim process, which can be challenging for those not familiar with the rules.

In addition, you may have factual issues in your case that could open the door to attacks by your employer. For example, if you have incurred additional accidents after you suffered the original workplace accident that was the basis for your claim for benefits, your employer may try to argue that the later accident was the real cause of your harm, not the original workplace accident. Whether it is meeting all the procedural obligations or being prepared to take on your employer’s arguments, it pays to be sure that you are fully prepared and that includes having an experienced Chicago workers’ compensation attorney on your side.

D.H.’s claim was one that involved this issue of intervening accidents. The employee was working for an electrical entity when his right arm was injured on June 16, 2014. The next year, in April, while working for a different employer, the employee injured his right shoulder.

If you or a loved one pays Medicare premiums by automatic deductions from a Social Security check, some of your insurance coverage could be cancelled.

A “processing error” led to premiums for Medicare Advantage plans (Part C) and prescription drug plans (Part D) to go unpaid nationwide for 250,000 retirees – all the way back to January – according to…..

Click here to read the rest of the article at NJ.com.

Anyone familiar with aviation accidents knows that one thing that can cause very sudden and very substantial harm to passengers and flight attendants alike is abrupt, unexpected turbulence. This risk of harm is generally highest for those who are in the plane’s cabin unrestrained. However, even if you are in your seat with your seatbelt fastened, you can be at risk. Whatever type of injury you have suffered in an airplane turbulence incident, if you’ve been hurt you should contact an experienced Chicago aviation injury attorney about your legal options.

Recently, a startling piece of turbulence-related video footage was published on people.com. A commercial flight, traveling across Europe, experience profound turbulence. The most obviously harmed person in the video was a flight attendant, who was steering a beverage cart through the plane’s aisle when the turbulence hit. The turbulence flung the flight attendant against the top of the plane, where she struck with her head, neck and shoulders. She wasn’t the only one hurt. Reports indicated that 10 passengers were hospitalized with injuries.

If you’re moving about the cabin (or otherwise unrestrained,) turbulence can seriously injure you. Even if restrained by your seatbelt, severe turbulence can, as a result of the plane’s violent jerking motion, cause harm, such as soft-tissue damage to you head, neck and back areas.

We continue to hear a lot in the news about rideshare services, such as Uber and Lyft. Too often, these stories involve riders or pedestrians being hurt. A case from Texas involving a severely injured Oklahoma college student is just the latest example of how your Uber or Lyft ride can go wrong. When your Uber or Lyft ride does go wrong in Illinois, be sure that you reach out without delay to contact an experienced Chicago injury attorney.

The case of S.M., an Oklahoma State University student, made headlines recently due to a verdict entered against the manufacturer of the van in which the student was riding when she was catastrophically hurt. Her case, though, offers an important view into how unsafe rideshare rides potentially can be, and how you can pursue important compensation if you’re hurt while riding with a rideshare driver.

S.M. was partying in Dallas with friends late one night and, because the group had been drinking, they hailed an Uber to take them to another location. The Uber driver, behind the wheel of a Honda van, ran a red light and got T-boned by a pickup truck. S.M., who was in the middle seat of the van’s third row, was seriously injured. Doctors ultimately diagnosed S.M. with a fractured neck. That injury meant that S.M. would be a quadriplegic for the rest of her life.

Your workplace injury legal action (or actions) may be very straightforward or may be highly complex. What might start out as a seemingly simple request for additional benefits based on an unanticipated need for a secondary medical procedure may possibly set off many wide-ranging legal consequences. The key is to have the skilled Illinois workplace injury counsel you need to be ready for whatever comes next.

G.B. was a worker whose injury action proved to fall into the “complex” column. In the spring of 2017, G.B. was injured while working as a forklift driver in McHenry County. The damage to the driver’s shoulder was bad enough that he required rotator cuff surgery. Later on, doctors determined that the worker needed a follow-up surgery. That led G.B. to request an adjustment of the workers’ compensation claim for benefits that he’d filed earlier.

What ensued was a web of allegations and litigation over G.B.’s claim, all triggered through no fault of the worker. As many employers, especially larger employers, do, G.B.’s employer had workers’ compensation insurance. However, G.B.’s employer allegedly covered the forklift driver’s lost wages and medical expenses after the first surgery without notifying the insurance company. According to the insurer, it only found out after G.B. sought the adjustment to his claim based on the need for a second surgery.

In a claim for workers’ compensation benefits, filing all of the required documents, and filing them on time, is of the highest importance, since meeting deadlines as opposed to filing too late can be the difference between a successful outcome and a failure. That’s why you should not delay in reaching out to an experienced Chicago workers’ compensation attorney whenever you’ve been hurt at work.

Moving quickly is essential because the law imposes strict deadlines on certain steps in your workers’ compensation claim process. Miss any one of those filing obligations or deadlines, and your case may get thrown out regardless of how impressive, voluminous, or persuasive your factual evidence was.

To see just how harmful a delay can be, look at the case of B.C. B.C. worked for a central Illinois school district when she was hurt on the job in November 2011. She filed a claim for workers’ compensation benefits.

Working in industrial jobs carries many risks. One of those is the risk of certain severe injuries that one might reasonably expect not to encounter while working in an office job. For example, there is a type of injury called “degloving.” According to the website healthline.com, a degloving is also called an avulsion and is “a type of severe injury that happens when the top layers of your skin and tissue are ripped from the underlying muscle, connective tissue, or bone.” This type of injury may sound grotesque and painful, but it is actually worse than that.

Many degloving injuries are life-threatening events as a result of the extensive amount of blood loss and tissue death that occurs. Even if you survive, you may have a lifetime of terrible pain. You may never be able to do the same jobs or enjoy the same hobbies as before. Your life is changed forever, so when it comes to getting the full compensation you need for the horrible harm you endured, be sure to call upon experienced Chicago injury counsel.

T.N. was a Wisconsin man who suffered this kind of horrible injury while working in Chicago. According to an NBC-2 report, T.N. was a spare parts manager for a machine company that was participating in a trade show taking place at McCormick Place in the near north side when he was hurt. At the end of the show, the manager was working to tear down the employer’s booth when a 29-ton forklift ran over his foot. In the accident, T.N. suffered a degloving injury to his left foot. The injury forced the manager to undergo multiple surgeries as medical teams worked to save the man’s foot.

In an auto accident situation, there are many potential obstacles you could face. In many of those circumstances, the biggest roadblock might be an insurance company. Going up against an insurance company may be an essential part of getting full and fair compensation for your injuries. It is also a key reason why it is worth your while to retain an Illinois car accident attorney to represent you in your case. The insurance companies are well-equipped with skillful attorneys. You should be too.

One recent case from the North Side of Chicago was an example of such a battle involving an auto insurer. The injured woman, Eileen, was hurt in a late March 2014 accident. She was crossing Milwaukee Avenue in the Norwood Park neighborhood when a driver crashed into her. The driver, Ciprian, had consumed several alcoholic beverages that day. Ciprian was driving a vehicle that he borrowed from Kelly. Kelly knowingly allowed Ciprian to drive the vehicle, even though Kelly also knew about Ciprian’s alcohol consumption.

Eileen was critically injured in the accident. She later sued both Ciprian and Kelly for the harm she incurred from her serious injuries. In many varieties of auto accident cases, including those involving pedestrians, auto insurers can play an important role. In a case in which the at-fault driver was not the vehicle’s owner, you may be entitled to sue both individuals, which could possibly trigger a legal obligation by one of both of those people’s insurers to defend them in your lawsuit.