Accidents Can and Do Happen

One wrong move can have major consequences at a construction site or other hazardous work site. Injured workers and the families of those who have been injured or killed may get some benefits from workers' compensation, but workers' compensation benefits may not be the only remedy available.

A few common causes of construction accidents include falls from heights, motor vehicle accidents, carbon monoxide poisoning due to faulty gas mechanisms, forklift accidents, electrocution, machinery accidents and injury due to falling objects. Others may be from negligence of other site workers, mistakes and negligence caused by those under the influence of alcohol or drugs, defective machinery, or inappropriate behavior of other site workers. Sadly in Mississippi we have the third-highest accidental death rate in the nation.

Accidents can and do happen no matter what the safety procedures in place are at a job site. Although you can file a workers' compensation claim on your own, there are cases which may benefit from the professional assistance of an attorney. Moreover, there are some instances in which you may have the right to file a personal injury suit instead of a workers' compensation claim.

If you or a loved one is in a construction accident a construction accident report must be filed immediately following the injury and then you should retain a lawyer. As both federal and state law may apply, Hopkins Barvie and Hopkins can assist you with this.

Many people do not realize that is Mississippi and many other states, an injured worker is barred from suing the employer for negligence. That means that if the worker or the employer is 100% at fault, remedies will be limited to workers' compensation benefits. However, if a third-party such as the employee of another supplier or contractor contributed to the accident, the injured party can file suit on a third-party claim.

The type of system in place at a construction site where an injury occurs is an important consideration in assessing the potential liability of those involved in the project. To determine who may be liable for injuries resulting from a construction accident, Hopkins Barvie and Hopkins will take a close look at the duties and legal responsibilities of individuals involved in the construction project.

Hopkins Barvie and Hopkins have the knowledge and expertise to help you. They will help you receive the compensation befitting your injuries. As soon as you've had an accident on a construction site, make sure to file the appropriate paperwork with your employer. Then contact Hopkins Barvie and Hopkins and you can rest assured that your case is being handled in the best way possible.

If you have been injured in a construction related accident, call Hopkins, Barvié & Hopkins, P.L.L.C. today for your free case evaluation with a top personal injury attorney in your area.  Contact us online or call 228-864-2200 or, email us, like us on Facebook or follow us on LinkedIn. Just click below.

 

April is National Distracted Driving Awareness Month

We have all read or heard the recent stories regarding distracted drivers. A couple examples are:

In 2017, State Farm Found that 82% of those surveyed considered talking on a hand-held cell phone while driving to be distracting, yet half reported doing just that.  They also found that 35% owned up to texting while operating a vehicle.  Nine Americans die per day in crashes that involve the driver;s attention being diverted.  

In 2015, Michigan saw more than 7,000 motor vehicle crashes involving distracted drivers. More than 3,400 people were injured -- and 26 were killed. Those numbers are up from 2014, in which 14 people were killed and 2,429 others were injured.

Keep in mind that ANY activity that can divert your attention away from the task of driving is considered distracted driving. This includes but is not limited to anything that involves using your cell phone; Eating or drinking; Engaging with passengers, children or pets; Applying make-up or shaving; or reading a map. If you need to do any of these pull your vehicle over and handle them safely.

If you are one of the 82 percent of American drivers that believe hands free devices are safer than using a handheld phone the National Safety Council (NSC) states that is not the case. More than 30 studies have shown hands free devices are no safer because the brain remains distracted by conversation. The NSC stated that when talking on a cell phone, drivers can miss seeing up to half of what’s around them, such as stop signs, traffic lights and pedestrians.

So put down your cell phone, do not text and drive, stop eating that sandwich when driving and keep your hands on the steering wheel and eyes on the road. Take the pledge to drive cell free.

We urge you to educate yourself on the dangers of distracted driving. To practice safe driving habits and to speak out if the driver in your vehicle is distracted. And remember that Mississippi House Bill 389 becomes effective July 1, 2015 which prohibits drivers from typing, sending or reading text messages, emails or social media messages.

If you or a loved one has been a victim of a distracted driver you should contact an experienced personal injury attorney at Hopkins, Barvié & Hopkins, P.L.L.C and we will evaluate your case at no cost or obligation. Contact us online or call 228-864-2200 to schedule your free initial consultation with an experienced lawyer.

At Hopkins, Barvié & Hopkins, P.L.L.C., we defend your interests and protect your legal rights. With more than 67 years of combined legal experience, our attorneys offer our clients throughout Mississippi the representation they need.

To best meet the needs of our diverse client base, we speak Spanish. Los Abogados Hablan Espanol.

Or, email us, like us on Facebook or follow us on LinkedIn. Just click below.

                                                          

DISTRACTED DRIVING CAN BE DEADLY

This month our blog is on the subject of distracted driving. We have blogged on this subject several times as we cannot stress enough the importance of driving safely without distractions.

Simply put do not engage in other activities while driving. This can be talking to a passenger, grooming, texting, cell phone calls, eating or drinking, reading, watching videos or adjusting a radio. Any activity that diverts your attention away from driving is a distraction and can increase your chance of a motor vehicle accident.

There are three main groups of distractions, which are manual, visual or cognitive.

Manual distraction involved taking your hands off the wheel, visual distraction is taking your eyes off the road and cognitive distraction is when the driver’s mind wanders and is not on the act of driving.

Distracted driving is deadly serious! Our younger drivers are at the greatest risk for accidents causes by distracted driving. The following are some statistics taken from distraction.gov:

·    10% of drivers of all ages under the age of 20 involved in fatal crashes were reported as distracted at the time of the crash. This age group has the largest proportion of drivers who were distracted.

·    Drivers in their 20s make up 27 percent of the distracted drivers in fatal crashes. (NHTSA)

·    A quarter of teens respond to a text message once or more every time they drive. 20 percent of teens and 10 percent of parents admit that they have extended multi-message text conversations while driving.(UMTRI)

According to National Highway Traffic Safety Administration, Facts and Statistics each day in the United States, more than 9 people are killed and more than 1,153 people are injured in crashes that are reported to involve a distracted driver.

We urge you to drive safely and to avoid distractions. If you have to make a phone call, stop in a parking lot or other protected area.

If you or a loved one has been a victim of a distracted driver you should contact an experienced personal injury attorney at Hopkins, Barvié & Hopkins, P.L.L.C and we will evaluate your case at no cost or obligation. Contact us online or call 228-864-2200 to schedule your free initial consultation with an experienced lawyer.

At Hopkins, Barvié & Hopkins, P.L.L.C., we defend your interests and protect your legal rights. With more than 67 years of combined legal experience, our attorneys offer our clients throughout Mississippi the representation they need.

To best meet the needs of our diverse client base, we speak Spanish. Los Abogados Hablan Espanol.

Or, email us, like us on Facebook or follow us on LinkedIn. Just click below.

Spring Safety Tips

Spring is finally here and we are getting out more and doing things. Many of us will be busy with yard and house work this spring and we wanted to give you a few safety tips. Let us know if they helped you. 

• Replace your Smoke Alarm and CO batteries as these alarms can save lives. The Consumer Product Safety Commission (CPSC) estimates that 2,400 people die each year because of unintentional home fire.

• Most hard surface cleaning can be done with mild products such as vinegar, lemons or baking soda. Never mix ammonia and bleach as it releases toxic gases. Keep all cleaning products out of the reach of small children and pets. You should always wash your hands before using cleaning products. Read the labels to make sure you are using the product for their intended purpose.
• Call the national Poison Help Line at 800.222.1222 if you have a poison emergency.

• Most people have coin or button sized batteries in their homes as they are used for remote controls, toys, games and other electronic products. These small batteries can cause life threatening chemical burns inside the body in as little as two hours. If a child has ingested one take them immediately to a hospital. Remember that even completely dead batteries have enough residual power left in them to cause serious injuries.

• If you own a trampoline remember to Zip, Cover and Scoot it. Zip up the surrounding enclosure; Cover the springs, hooks and frame in shock absorbing pads and Scoot the trampoline away from structures and trees.
• When working in your yard follow the directions that come with the equipment and other products you use. Do not be in a hurry and stretch your muscles before you do your yard work. When you use your garden hose roll it up and store it properly.
• When grilling do not leave it unattended as children and pets move fast. Keep your grill a safe distance from your home or any building. Do not use gasoline or kerosene to light a charcoal fire as they both can cause an explosion. Your mitts should be insulated and flame retardant and your sleeves rolled up.

To learn more about the representation we offer Mississippi clients who have been injured in an auto accident, a dangerous product or through a slip and fall, contact us online or call 228-864-2200 to schedule your free initial consultation with an experienced lawyer.

At Hopkins, Barvié & Hopkins, P.L.L.C., we defend your interests and protect your legal rights. With more than 66 years of combined legal experience, our attorneys offer our clients the representation they need. 

To best meet the needs of our diverse client base, we speak Spanish. Los Abogados Hablan Espanol.

Or, email us, like us on Facebook or follow us on LinkedIn. Just click below.

          

Social Security Disability Insurance (SSDI)

A medical, psychological, or psychiatric impairment often leaves an individual incapable of working and earning a living. If you are unable to work and will remain unable to work for a continuous period of not less than 12 (twelve) months Social Security Disability Insurance (SSDI) provides benefits to disabled workers, their spouse and children. To be considered disabled for claiming SSDI you must have a condition that prevents you from earning a certain monthly income as a full-time worker, which is currently $1,090 before taxes. SSDI is designed for people who have worked and paid taxed into the Social Security system for years prior to becoming disabled. The number of years you are required to pay into the Social Security system varies by age.

Disability benefits in Mississippi are provided through a federal program administered by the Social Security Administration. Social Security uses both medical disability criteria and non-medical criteria to determine whether you qualify for Social Security Disability. You must be able to prove that you are medically disabled. The Mississippi Disability Determination Services (DDS) is the office the makes the decisions on whether or not a Mississippian is disabled based on his or her medical record. The Office of Disability Adjudication and Review (ODAR) is the office that handles all disability appeals.

It is not uncommon for SSDI benefits to be denied at the initial claim. Your next step would be to  file an appeal. We strongly suggest that all your medical information is in your file as many claims are denied because the medical record lacks adequate documentation that establishes the severity of your disability. If you have been denied do not give up. You should appeal as soon as possible as the sooner Social Security schedules a hearing the better chance for winning your claim and continuing with the process for your SSDI benefits. 

For experienced assistance with the SSDI benefit application, denial, termination or the appeals process contact our team at Hopkins, Barvie & Hopkins. We can guide your case through the SSDI process and assist you in receiving the SSDI benefits you deserve.

Call us for today for a free initial consultation at 228.864.2200 or email us online via our website at www.hopkins-law.com. With more than 68 years of combined legal experience, our attorneys offer clients throughout Mississippi the representation they need.

To best meet the needs of our diverse client base, we speak Spanish. Los Abogados Hablan Espanol.

Or, email us, like us on Facebook or follow us on LinkedIn. Just click below.

                                                          

Distracted Driving Continues to be a problem!

Distracted driving is any activity that could divert the vehicle driver’s attention away from driving which can cause accidents and unfortunately, sometimes loss of life. A distraction while driving can be visual, manual or cognitive. A few examples are texting, reading, talking on the phone, eating, an uncaged or unharnessed pet and putting on makeup while you are driving. All distractions endanger the driver and compromise the safety of the passenger(s) and bystander(s) and those in other vehicles.

In the state of Mississippi there are currently three primary laws regarding distractions while driving. A primary law means that an officer can ticket the driver for the offense without any other traffic violation taking place. The three laws are as follows:

1. Ban on all cell phones use (handheld and hands-free) for bus drivers
2. Ban on texting for bus drivers.
3. Ban on texting for novice drivers. Mississippi defines novice drivers as drivers with a learner’s permit or provisional license.

Distracted driving is a growing problem and is responsible for many injuries and deaths that could otherwise be prevented. According to the website www.distraction.gov in 2012, alone 3,328 were killed in distracted driving crashes. An estimated 421,000 people were injured in motor vehicle crashes involving a distracted driver; this was a nine percent increase from the estimated 387,000 people injured in 2011.

We urge you to educate yourself on the dangers of distracted driving. To practice safe driving habits and to speak out if the driver in your vehicle is distracted. The life you save could be yours.

If you or a loved one has been a victim of a distracted driver you should contact an experienced personal injury attorney at Hopkins, Barvié & Hopkins, P.L.L.C and we will evaluate your case at no cost or obligation.

Contact us online or call 228-864-2200 to schedule your free initial consultation with an experienced lawyer.

At Hopkins, Barvié & Hopkins, P.L.L.C., we defend your interests and protect your legal rights. With more than 66 years of combined legal experience, our attorneys offer our clients throughout Mississippi the representation they need.

To best meet the needs of our diverse client base, we speak Spanish. Los Abogados Hablan Espanol.

Or, email us, like us on Facebook or follow us on LinkedIn. Just click below.

When you have been injured on the job call us BEFORE the problems start

Worker’s compensation exists in all states to protect workers who become hurt on the job or contact an illness as a result of their job. It is a state mandated insurance program and each state has their own laws and programs for it. A worker is covered and eligible for benefits as soon as they begin employment. Occupational illness and diseases are covered if job related as are work related deaths.

You have the right to compensation for lost wages and medical expenses regardless of who was at fault be it employer, employee, coworker, customer or third party. If the injury results in death the payment of benefits is to the surviving spouse and dependents and may continue for up to 450 weeks after the decedent’s death. The employer or its insurance carrier is obligated to pay up to $2,000 in funeral expenses and an immediate lump sum of $250 to the surviving spouse.

If you have been injured you should seek medical treatment as soon as possible. There is no deductible to be paid by the worker for any of the benefits received under workers compensation.

You should notify and report your injury as soon as possible to your employer or supervisor. It does not matter how insignificant you believe your injury to be - always report it. You should also provide a list of witnesses if the injury was due to a specific workplace accident. It should include the date, time, how the injury occurred and where the injury happened. Remember to keep copies of all documents for your records.

In some cases your workplace injuries can be moderate to severe and your doctor and you believe your health will not return to the condition it was prior to your injury, you may be entitled to a “permanent partial disability” award.

You are entitled to obtain an attorney regardless of the circumstances of your worker’s compensation claim. If you believe you are not receiving full compensation let us help you. Or if you would like to dispute an adverse decision made by your employer, your employer’s insurance company, or your state's workers' compensation division regarding your workers’ compensation claim give us a call.

If you suffered a workplace injury or contacted an illness on the job, contact a worker’s compensation attorney at Hopkins, Barvié & Hopkins, who can help you make sure you receive the benefits you need and will represent your interests.

Call us for a free initial consultation at 228.864.2200 or email us online via our website at www.hopkins-law.com. With more than 68 years of combined legal experience, our attorneys offer clients throughout Mississippi the representation they need.

To best meet the needs of our diverse client base, we speak Spanish. Los Abogados Hablan Espanol.

Or, email us, like us on Facebook or follow us on LinkedIn. Just click below.