Personal Injury

August 13, 2014

Obamacare requires clear immigration eligibility before Sept. 5

One of the initial challenges of the new health care law was the great percentage of people whose eligibility was clouded by one factor or another. 2 million cases out of the 8 million enrollees were potentially unqualified for taxpayer-subsidized health insurance. Even after resolving most of these cases, some people’s eligibility may be hampered by their immigration status.

People living in the country illegally are not eligible for Obamacare coverage. That is the population the Health and Human Services Department is working hard to exclude in the recent massive mail wave sent to about 310, 000 people with unresolved cases, out of the total 8 million individuals enrolled in the program. The letter exhorts enrollees to upload their proper immigration materials to the HealthCare.gov website or mail them by the hard deadline of Sept.5, that is less than four weeks from now. If disobedient or found ineligible, people will see an end to their coverage by Sept. 30.

Many people worry with reason that they may be disqualified for coverage for irrational issues, such as record-keeping problems or even losing the letter in the mail. But, according to the HHS, this won’t be the only way of reaching people with unresolved cases. People with potential eligibility problems should expect phone calls and emails as well, and through local organizations, even direct home visits. Because of the Hispanic immigrant majority, the HHS is sending letters in Spanish as well as in English.

This sounds a bit overwhelming, but may be a prudent way for the government to tackle the issue that congressional Republicans raised when Obamacare was first getting started: how to really exclude ineligible people. The approved health care reform explicitly limits the use of taxpayer money to subsidize those people residing in the U.S. illegally or non-permanently.
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August 12, 2014

Why returning to work after an injury may be a hassle, according to GENEX study

by Altman & Altman

Last year more than three million American employees experience a work-related injury. For employers this represented around $1 billion per week, in addition to the employees’ social costs. Aside from the financial loses, employees may also be face other disadvantages because of their injuries: if employees are off work for more than six months, they have less than a 50% chance of returning to the workforce. It is an imperative then to establish effective measures to aid employees return to work.

Instituting official return-to-work programs has proven a successful strategy in many private organizations. Firms with RTW programs are 1.4 times faster than those without one in returning the employee to work. That translates into about 3-4 weeks of a time difference. However, in spite of the advantages, not all firms –especially small ones –possess an established RTW program.

Even with an official RTW program in place, employers often face barriers to provide effective, immediate care. According to GEXEX Services, LLC, one of the nation’s largest providers of managed care services, these are the top five barriers return-to-work programs face:
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August 8, 2014

False Claims Act and Whistleblowers Act: Empowering People to Report Fraud

by Altman & Altman

In 1994 the seven CEOs of the major American tobacco companies testified before Congress that nicotine was not addictive. Two years later, VP for research and development at the Brown & Williamson tobacco company Jeffrey Wigand came forward, and reported that his employer knowingly doctored the nicotine content, adding toxic substances such as ammonia, in its cigarettes to enhance its addictive qualities. National new broke out and tobacco companies were forced to reveal the truth.

Likewise, in our communities examples of courageous people who report fraudulent wrongdoings by businesses and government agencies abound. Recently a New Hampshire resident reported how medical product companies sent her diabetes medication without previous authorization from her doctor. Her report led to the discovery of how the medical companies had been sending medications without doctor authorization to many other people, and submitting unauthorized claims to Medicare. Ultimately, the companies paid $35 million to resolve the allegations.

Our society relies on courageous people to detect and stop businesses and government institutions from violating people’s rights, engaging in corruption, committing fraud, or outright lying. Recognizing the value of these informers in helping maintain a strong democracy, the law encourages citizens to report potential wrongdoings by offering extensive legal protection and a generous compensation. Just last month President Obama signed into law a legislation that expands protection for whistleblowers against retaliation.

Massachusetts offers plenty of legal defenses for citizens who report false claims and other transgressions made by government agencies and private businesses, or at their places of employment. The False Claim Act and the Whistleblowers Act, set forth in the Massachusetts General Laws, defines the types of activities that should be reported and the rewards for those who take action. We would like to provide a brief summary of its contents.
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August 7, 2014

Whale-watching boat breaks down; tourists forced to spend a night at sea

by Altman & Altman

A popular whale-watching boat escapade turned into a sea nightmare for many Boston tourists. On July 29th the Cetacea, an 83-foot-long whale-watching boat run by Boston Harbor Cruises, abruptly stopped about 13 miles off the Boston Long Wharf shore, when a 7-inch liquid natural gas cable wrapped around one of its propellers. Unable to be mobilized back to land, the tourists had to spend the night at sea on plain air, while diver teams detangled the cable.

Although no injuries were reported, around twenty of the 163 passengers became seasick during the 17-hour-long ordeal. They also had to endure a chilly Boston night, since the boat had only a limited number of blankets available, forcing some passengers to use trash bags as ponchos. The boat had also limited amounts of food, only chips and snacks, which the crew gave out to the passengers. It was not until hours later that the Coast Guard came to rescue with blankets and paramedics.

The Coast Guard and the boat captain determined it unsafe to transport passengers back to land on another vessel, since the ocean was too rough that night.

The limited resources on the boat and the lagging communication between the crew and the tour company made some passengers question the company’s boat safety regulations.

“I am legitimately concerned about the safety planning,” Passenger Stuart Raifman, 66, told the Boston Globe. “I don’t think there was a plan, and if there was one, I don’t think it worked very well.”
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July 21, 2014

Massachusetts Hot Air Balloon Crashes, Explodes Into Power Lines & Injures Five

by Altman & Altman

The Federal Aviation Administration is looking into what caused the Massachusetts hot air balloon accident that left five people injured. The accident happened Saturday when the balloon “Raspberry Ripple” struck power lines as its operator tried to land in Clinton, Worcester County. The operator of the hot air balloon is Damn Yankee Balloons, which is based in Maine.

The impact with the lines caused a couple of explosions, resulting severe burns to two of the passengers. There is a possibility that the hot air balloon wasn’t flying high enough during the birthday celebration ride. The balloon crash-landed on private property.

The Clinton, MA hot air balloon accident took place just two months after another hot air balloon also struck power lines, exploding into flames in Virginia. Three people died in that incident.

June 4, 2014

Bedford, MA Plane Crash Kills Seven People

by Altman & Altman

Seven people died in a Massachusetts plane crash on Saturday when the corporate jet of Philadelphia Inquirer co-owner Lewis Katz went off the runway, fell into an embankment, and caught fire as it was attempting take off. The tragic accident took place at Hanscom Field, which is located outside Boston.

Katz and six others were killed in the Bedford, Ma plane crash. The other victims include the other three passengers, a cabin attendant, and the two pilots.

On Monday, investigators were able to get the cockpit-voice and flight-data recorders from the private plane. The National Transportation Safety Board is trying to determine exactly what happened.

May 8, 2014

GE, Foster Wheeler Named in Asbestos Lawsuit

by Altman & Altman

General Electric and Foster Wheeler have been named in a lawsuit against the corporate giants filed by Henry and Teresa Haley. The suit against Henry Haley’s former employers alleges that Mr. Haley came in contact with Asbestos, a known carcinogen, while working for GE and Foster Wheeler, causing severe health complications later in life. Haley handled the potentially dangerous material while working for both companies and now suffers from several medical conditions including Asbestosis, other lung damage, and cancer.

Asbestos, while a naturally occurring mineral, is now known to be a carcinogen with the potential to cause a wide range of serious health complications. The material is fireproof and an excellent insulator, making it a popular choice in construction and industrial work until the 1970s. However, the tiny hook-like fibers in the material can claw onto the lungs, leading to Asbestosis, Mesothelioma, and other cancers. Unfortunately, it may take years before any symptoms of the diseases begin to appear, complicating treatment and detection.
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April 30, 2014

Use This Simple Tool to Get the Most out of Your Personal Injury Case

by Altman & Altman

The aftermath of an accident can be completely overwhelming. Victims are shuffled to multiple doctors’ appointments, physical therapy sessions, and attorney consultations all while trying to recover from the emotional and physical effects of potentially serious injuries. One minute, your life is carrying on as planned, the next, an accident thrusts all of this upon you. It can be extremely difficult to navigate the medical terminology, insurance claims, and financial issues without any help. Enlisting the assistance of a Massachusetts personal injury attorney is advised in these cases, learn more about that here

With everything that is going on around them, details surrounding the actual symptoms can begin to get foggy for the victim, and defendants and insurance companies will take every opportunity to take advantage of that. A simple solution to the problem is to keep a journal. Writing a detailed account of your injuries, how you are feeling, and general notes about the accident every day is a low-tech but ultimately effective tool for bolstering your claim. A daily journal easily monitors progress and set-backs and eliminates worry of forgetting any important details amid the chaos.
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April 14, 2014

Lawsuits Continue Over Two Amusement Park Deaths

by Altman & Altman

At amusement parks, screaming is commonplace- even encouraged. Eventually those screams turn to laughter and excitement as patrons of all ages gather up the courage to board the tallest, most extreme rides they can handle. Amusement parks, as the name suggests, are meant to be a place of total enjoyment, free of any stress except that very brief moment of pure panic as you sit at the top of the highest roller coaster, staring down at the ground far below.

When an accident occurs at a theme park, happiness quickly turns to tragedy. Eleven-year-old Abiah Jones’ parents watched her leave for a school trip with her classmates one spring morning, unaware that would be the last time they would see their beloved child alive. She climbed into a car on the Giant Wheel at Morey’s Pier in New Jersey as it made its way around to the top. Abiah somehow fell from the top of the ride and did not survive.

Her parents were understandably devastated. They filed a lawsuit against Morey’s Pier, Inc. However, for unknown reasons, the family filed in the State of Pennsylvania. A three-judge appellate court ruled recently that the while the case is valid, it must be tried in the State of New Jersey, where the accident occurred.
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April 4, 2014

Experts Warn Many Backyard Decks can Collapse

by Altman & Altman

As the weather finally begins to warm up after an especially brutal winter, families are eager to get outside and enjoy the milder spring on their decks. However, home inspection experts warn that of the two million decks that are built and replaced every year, only about 40% are actually safe. Deck collapses, especially those which are high off the ground, can lead to serious injuries and death.

As with so many tragic injury cases, most deck collapses are completely preventable. Eric Kent, co-owner of Archadeck of Charlotte, a company that specializes in building decks and porches, explains that most deck accidents result from improper attachment to the house or building. Weaker decks are commonly attached using a regular bolt, which can slide easily through wood, causing the deck to collapse. Instead, Kent suggests a “thru bolt” which is a “large, galvanized bolt that literally runs through the exterior wall of a house and into the deck supports.”

In addition to the contractors installing the deck, homeowners have a huge responsibility to inspect their decks frequently. A thorough inspection starts with checking for cracks and splits around the nuts and bolts, and also includes the wood and the railings. Eric Kent warns that springiness and mold are the first signs of rot, severely weakening the strength of the structure and increasing the risk of collapse exponentially. After the long winter, deck boards can feel damp and soft, even breaking apart to the touch. Imagine loading 15 family members and friends onto a structure that could disintegrate in seconds.
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