When the idea of a dangerous workplace comes to mind, many think of places such as construction sites, shipyards, and any other labor-intensive job sites with easily recognizable dangers.
While work-related injuries have thankfully been on the decline for over a decade, they are still prevalent in jobs across the nation. According to the U.S. Occupational Safety and Health Administration (OSHA), there were 3.1 million on-the-job illnesses and injuries in 2010, or an average of 3.5 incidents for every 100 full-time workers. Among the jobs reported on by OSHA for 2010, manufacturing had the highest average injury rate at 4.4 injured workers for every 100, but even the lowest ranked field, service provision, had an average of 3.4. The causes and severity of the injuries may vary, but no matter what field, the chance of a workplace injury exists.
From offices to construction sites, common dangers for workers in Rhode Island and across the nation include:
- Slip and fall hazards;
- Exposed wiring;
- Hazardous chemicals;
- Falling objects;
- Exposure to toxic materials;
- Vehicle accidents;
- Tool mishaps;
- Burn dangers; and
- Repetitive strain injuries.
Anyone who has been injured while performing their duties at work may be entitled to workers’ compensation, or possibly Temporary Disability Insurance (TDI), to aid in their recovery and pay for the time lost from work. However, even after workers’ compensation runs out, an injured worker may qualify for Social Security disability income, and in some cases, a person collecting workers’ compensation may collect civil damages from a third party whose negligence contributed to the accident and resultant injury.
If you have been seriously injured while working, it is always a good idea to consult an experienced personal injury attorney and a Social Security disability lawyer to determine whether you qualify for additional awards, damages, or disability benefits. Fortunately, our firm can provide you with both. The Rhode Island workplace injury attorneys at Marasco & Nesselbush are here to help you obtain the benefits that you deserve. For a complimentary consultation from our experienced law team, call our offices at (401) 274-7400.
While everyone’s passions and life circumstances may lead to different careers, the nature of your job can place you at a greater risk of injury. While every field of work has associated health and safety risks, some jobs present higher risks.
Construction
Working at a construction site can expose an employee to a number of hazards that have the potential for a catastrophic injury or accident. Falling equipment, dangerous machinery, deep excavation areas and unstable structures all pose a threat to workers, with roofers in particular facing serious or fatal injuries from fall accidents.
Electrical Repair/ Installation
The dangers inherent in electrical work come directly from the nature of the job. While electrical workers follow safety guidelines and use protective equipment, any accident involving a live electrical current can easily result in severe injury that can damage a worker’s entire body and vital organs in an instant. People who work in bucket trucks repairing electrical lines are also at risk of fall injuries.
Truck Driving
Due to long hours of driving, a truck driver has a greater chance of being involved in a vehicle accident. Combined with the chance of dangerous equipment failure, a higher likelihood of fatigued driving, hazardous road conditions, and long work days, truck drivers are at a high risk of being involved in an accident while on the job.
While these are only a few of Rhode Island’s most dangerous job fields, they are also common sources of employment for Rhode Island residents. However, all jobs can pose risks, with workers facing not only accidents, but also toxin exposure in certain environments. If you or a loved one has become ill or is injured while on the job, please contact the dedicated Rhode Island injury attorneys at Marasco & Nesselbush. To schedule a free, confidential case consultation, please call our offices at (401) 274-7400.
St. Patrick’s Day is a time for celebration in Rhode Island and across the country. Our state is blessed to have many fine residents who are very proud of their Irish heritage. While drinking and celebrating can be a great time for many people, there are unfortunately also a large number who then choose to drive while intoxicated. While many holidays bring an increase in drunk driving accidents, St. Patrick’s Day has become especially linked to such tragic events. With St. Patrick’s Day on March 17, the National Highway Traffic Safety Administration (NHTSA) is spreading awareness of the dangers of drinking and driving on this holiday.
According to the NHTSA, 103 fatalities occurred on St. Patrick’s Day in 2009 due to auto accidents, with 37% of these fatal car crashes involving at least one driver who was legally intoxicated—with blood alcohol above the legal limit of .08%. Any traffic fatality is tragic enough, but accidents caused by drunk drivers can be especially devastating for the families of the people who died, or for those whose lives were changed forever as a result.
In order to avoid causing such an accident, the NHTSA recommends that those who plan to drink create a plan before they go out regarding how they will get home without driving, and without being a passenger in a car driven by another intoxicated person. Secure a ride home with a designated driver, or leave your car at home. Take along the number of a taxi or a sober driver program in order to get home safely. Additionally, prevent drunk driving crashes by taking away the keys of intoxicated partiers who want to drive. Report possible drunk drivers you may see on the road to the police by calling *77 if on a highway (State Police) or 911 on any other road.
While St. Patrick’s Day brings an abnormally high rate of drunk driving crashes, such accidents occur every day of the year. According to the NHTSA, over 10,000 people died in 2010 due to impaired driving. On average, someone dies in a drunk driving crash every 51 minutes. If you see someone driving erratically, stay far away from their car, and only pass them if you are certain that you will be able to put a great deal of distance between your car and theirs.
Even the safest drivers can be injured due to the negligent actions of another drunk driver. If you or a loved one has been injured in an accident caused by a drunk driver, the Rhode Island liquor liability lawyers at Marasco & Nesselbush can help you find proper compensation for your injuries from those responsible. For more information on how we can aid you, please call us today at (401) 274-7400.
From our families to yours, we wish all of you a fun and safe St. Patrick’s Day.
Distracted driving has become an increasingly controversial topic, in part due to the exponential growth and popularity of the number and types of distractions available to drivers today. Smart phones, GPS, audio players, other distracted drivers, DVD players, and noisy passengers are among the many distractions that can cause American accidents. The risk of an auto accident may increase as multiple distraction types occur at the same time.
The three main types of distraction are:
Manual Distraction
Manual distraction involves taking one’s hand, or hands, off the wheel and using them for other purposes. Because a driver is not fully controlling the vehicle, it is much more likely that he or she will lose control of the vehicle or not be able to respond properly to a hazard in the road. Manual distractions can include texting, grooming, and changing the radio station.
Cognitive Distraction
This form of distraction occurs when a driver takes his or her mind off of the task of driving and focuses on another subject, or even stops thinking in general. Because the driver is not focused and/or aware of what is occurring around and in front of him or her, the person does not react properly to changing conditions, and can easily strike another vehicle. Distractions may include talking, daydreaming, and almost every manual and visual distraction. Overtired drivers are cognitively impaired, as are intoxicated or distraught drivers.
Visual Distraction
Taking one’s eyes off the road and focusing them somewhere else while driving is dangerous. At high speeds, a driver’s eyes taken off the road for even a few seconds can mean not seeing anything for hundreds of yards of roadway, leading to crashes that the driver never saw coming and could not avoid. Visual distractions include reading a map or looking at a GPS device, using a cell phone, and looking at passing signs.
When a driver becomes distracted for any reason and injures another in a resulting accident, victims can hold the at-fault driver responsible for compensation of their injuries. The Rhode Island distracted driving lawyers at Marasco & Nesselbush can help you recover full and fair compensation if you have been injured by a negligent driver. Call us today for a free case evaluation at (401) 274-7400.
A new study conducted by researchers from the Mayo Clinic in Rochester, Minnesota and the Children’s Hospital in Boston has found that young children who undergo multiple medical procedures involving the use of anesthesia may be at a higher risk of developing attention-deficit hyperactivity disorder (ADHD). According to the study, children younger than two years old who were subjected to more than one procedure involving anesthesia had a statistically higher likelihood of developing ADHD.
Through the study, researchers analyzed more than 5,300 children’s medical records and found that, while the exact relationship between anesthesia and ADHD is still unknown, anesthesia and ADHD appear to be correlated. While the study could only examine the medical records of the children and not subject them to testing, tests involving rodents have proven that exposure to anesthesia is linked to memory and learning problems. Researchers stressed that the benefits of necessary surgical procedures on children generally outweigh the risks of anesthesia and ADHD.
The study’s authors suggested that doctors should base their use of surgery involving anesthesia for young children on what is best for the child and not on unknown risks and fears, such as the development of ADHD. Additionally, doctors should take precautions, including minimizing the length of time that an infant is exposed to anesthesia, to avoid complications. The study found no link between use of anesthesia for adults and ADHD.
The attorneys at Marasco & Nesselbush understand the risks that any surgical procedures present for patients, as well as the dangers that can result of medical errors during surgery. We have handled many cases involving anesthesia errors, some of which have resulted in death. Our Rhode Island anesthesia error lawyers are dedicated to representing injured clients by securing financial compensation for injuries sustained and holding negligent medical providers accountable for their actions. For more information about how our experienced attorneys can successfully resolve your case, please call us today at (401) 274-7400.
A new study by Canadian researchers reported on by USNews.com has found that those who choose to drive within three hours after using marijuana are at double the risk of being involved in a car accident. According to the study by researchers at Dalhousie University in Halifax, the risk of driving under the influence of marijuana is only slightly less dangerous than driving while drunk.
The effects of marijuana make it harder for a driver to determine distance, and delay his or her reaction time. Because the impaired driver is suffering from a combination of these effects, he or she is more likely to crash into another car or be unable to react to a hazard in time. The study showed that the greatest risk was for marijuana users with less experience, young drivers, and those who combine marijuana and alcohol use.
Additionally, the study found that the higher the concentration of tetrahydrocannabinol (THC, which is the active ingredient in marijuana) present in a driver’s blood, the more likely that he or she would be involved in a fatal car crash. In total, the meta-analysis analyzed results and research from nine previous studies and 49,411 accident victims in order to understand the effects of the drug.
When someone chooses to take any form of drugs and drive, all others on the road are at risk. If you have been injured by a negligent or reckless driver, you can seek compensation from those responsible. The Providence auto accident lawyers at Marasco & Nesselbush are dedicated to achieving financial security and holding negligent and reckless drivers accountable for their actions. For more information on how our experienced law team can win your case, please call us today at (401) 274-7400.
Although Social Security disability and retirement benefits have both existed for many decades, the rules and regulations surrounding eligibility for each are still often unclear for many. There is also confusion about how the two relate to each other. In fact, many people who rely upon Social Security Disability benefits worry about how this might affect their retirement benefits later in life.
If a worker has a severe injury or illness, s/he may be eligible for RI Social Security Disability benefits, depending on his or her work history. In order to qualify, a person must have worked long enough and paid enough in Social Security taxes to be considered eligible for disability benefits.
When a person is working and paying FICA taxes (paying into the Social Security system), those taxes are paid into the Social Security Trust Fund, and they will support you if you become disabled or in retirement. However, what good are retirement benefits, if you have an injury or illness, and you will not live until retirement age? If you become disabled before retirement age, you can access your full retirement benefits early by virtue of being found “disabled.” You will continue to receive that full rate until you reach retirement age, at which time the Social Security Administration will simply switch you over from the disability fund to the retirement. Thus, disability benefits essentially continue for the rest of your life, as long as you are unable to work. These benefits are based upon your lifetime earnings prior to the disability, and not upon the severity of the injury, even if it worsens over time. By contrast, Social Security retirement benefits are based on your earnings over the course of 35 years, along with several other factors. Social Security retirement benefits cannot be received earlier than age 62.
Since a person who has suffered a disability usually has not worked for 35 years, the Social Security taxes paid by the worker are made available to the disabled worker in the form of disability benefits. No additional benefits are added, and none are taken away; they are only renamed retirement benefits when the recipient reaches retirement age. No actions need to be taken by a disability beneficiary, as the change will automatically be made by the Social Security Administration when the worker reached full retirement age.
Applying for disability benefits can often be a difficult process and even legitimate claims are often denied. As such, it is important to have a knowledgeable and dedicated legal team on your side so that you have the very best chance of winning the disability benefits you deserve. The Providence Social Security Disability attorneys at Marasco & Nesselbush are dedicated to helping injured and disabled workers (and their families) find the benefits needed to ameliorate the harsh financial consequences of a long-term or permanent serious disability. For more information on how our skilled legal team can help you today, please call (401) 274-7400.
When someone suffers a disability that prevents him or her from being able to work, the disabled person may be eligible for Social Security Disability benefits. The Social Security Administration (SSA) recognizes that when disability prevents work, the disabled person is often not the only one affected. Anyone who is financially dependent on the disabled person can suffer from the lack of household income, as well. SSDI allows dependents to qualify for auxiliary benefits, in some cases.
Those who are considered legal dependants may include the disabled person’s spouse, divorced spouse, or a child for whom the disabled person is financially responsible (including a disabled child). Any dependent children are due these auxiliary benefits, the term SSA uses to describe a percentage of the disabled parent’s SSDI benefits, regardless of household income. Spouses may qualify if they are not earning more than a specified amount per year. Under the Social Security Administration’s regulations, each family member can receive a maximum of 50 percent of the person’s disability rate, but this can be reduced due to a limit on what can be paid to a family as a whole. The total amount given to a family can add up to 150 to 180 percent of an individual person’s disability rate, with the rate per person changing depending on the number of dependent family members in order to accommodate the rate cap. In some cases, family members may also qualify to receive health benefits.
It is important to note that the amount of disability benefits the actual disabled worker receives will not be affected by family size. However, the family benefits will be determined in part by the amount of the worker’s benefits. Obtaining full benefits is incredibly important to most families, as a worker’s SSDI benefits are not the same amount that he or she was receiving while working. The cost of supporting a family is often greater than the amount the individual receives in SSDI benefits.
Federal law entitles disabled workers across the United States to Social Security benefits, but proving one’s claim and winning benefits (including family benefits) can be incredibly difficult. The Rhode Island SSDI family benefits attorneys at Marasco & Nesselbush understand the financial and emotional toll that disability exacts, not only to the injured person, but to his or her entire family. For more information on how our trusted Social Security Disability law team can help you obtain the benefits you need and deserve, please call us today at (401) 274-7400.
Applying for Social Security Disability benefits is a complicated process that often takes a significant amount of time, requires solid medical evidence, and is governed by strict regulations. However, as a recent major United States First Circuit Court of Appeals case victory by Marasco & Nesselbush illustrates, perseverance, dedication, knowledge of precedent, and focused work can help a claimant navigate the difficult waters of applying for and obtaining Social Security Disability benefits. Let us explain how the law firm of Marasco & Nesselbush re-opened a 1975 application for a disabled (and now deceased) American veteran, obtaining for his widow over $300,000!
Marasco & Nesselbush client, Dr. Richard Frusher, a veteran of the Vietnam War, began to show symptoms of debilitating mental illness in 1974, and later received a diagnosis of schizophrenia. He applied in 1975 for Social Security Disability Insurance (SSDI) benefits and was denied. His health did not improve. When Dr. Frusher’s illness worsened in 1978, he applied again for benefits, and again, the Social Security Administration (SSA) determined that he was “not disabled,” and his claim was denied. Dr. Frusher spent many years in treatment, was unable to work, and his loving family cared for him as best they could. He did not appeal the Social Security Administration’s decisions, and because of his illness, it was not clear that he understood that he could.
His wife, Cecelia Frusher, always believed that her husband should have been granted Social Security disability benefits back to 1975. In 2005, Cecelia Frusher came to Marasco & Nesselbush because she had heard that our firm’s attorneys understood the intricacies of Social Security law better than anyone else in the area. After consulting with partner Donna M. Nesselbush, Mrs. Frusher retained Marasco & Nesselbush to appeal the 1975 denial of her husband’s SSDI benefits. Attorney Nesselbush knew of a little known Social Security law, (Ruling, 91-5p), which she knew she could use to fight for her client. Unfortunately, right after the Appeals Council remanded the issue to a second judge for a new hearing, Dr. Frusher passed away in a veteran’s home. His family was determined to proceed and seek justice because they felt he had been unfairly denied his rights.
Attorney Nesselbush and Marasco & Nesselbush associate Attorney Joseph P. Wilson continued to fight for Dr. Frusher’s retroactive benefits. After six years of appeals, including the final one made to the United States First Circuit Court of Appeals, on April 29, 2011, a judge ruled that Dr. Frusher’s schizophrenia was good cause in accordance with SSR 91-5p for failing to appeal the denials of his claims to benefits in 1975 and 1978. The Court ruled that his estate would be eligible for retroactive Social Security disability benefits (SSDI) all the way back to 1975!
This case is an important one in federal Social Security disability law. More importantly, it afforded Dr. Frusher’s widow and his children an opportunity to remember their husband and father as someone whose disability opened a door for others who are also unjustly denied, and not as someone whose life was defined by it. It may have taken 36 years from the date of Dr. Frusher’s initial application for Social Security Disability benefits, and six years of litigation, for justice to be won, but his family can now keep his memory alive knowing that, as Attorney Nesselbush stated, “…no matter what mental health takes away from you, it can never take away your legal right to be treated fairly.”
To learn more about the many outstanding accomplishments of the Rhode Island Social Security Disability law firm of Marasco & Nesselbush, please visit www.m-n-law.com or call (401) 274-7400 for a free consultation about your disability claim.
A person’s body has the ability to recover from many injuries given proper care and time to heal, but of all the injuries a person can suffer, brain trauma can result in some of the most harmful and long-lasting complications.
When a person suffers damage to his or her brain due to an external force, this is known as a traumatic brain injury (TBI), and it can result in a variety of complications and symptoms.
TBI is usually caused by accidents, especially by any incident that results in a violent force being exerted on a victim’s skull.
According to the Brain Injury Association of America, car and motorcycle accidents, sports injuries, combat injuries, assaults, and slip-and-fall accidents in Rhode Island and throughout the United States most often result in TBI. When someone suffers TBI, the effects can vary depending on the severity of the injury. Most often, TBI will result in:
- Headache;
- Fatigue;
- Sensitivity to noise and light;
- Memory problems;
- Nausea; and/ or
- Changes in mood and brain activity.
The more severe a TBI incident is, the stronger the symptoms will be, with more symptoms likely occurring and lasting for a greater length of time. The worst TBI injuries can result in coma, a vegetative state, or death.
Anyone who has suffered a serious TBI must immediately seek medical attention to prevent or minimize the impact of the injury. Medical professionals can sometimes stabilize traumatic brain injury patients and help to speed recovery.
Marasco & Nesselbush is very pleased to support the work of the Brain Injury Association of Rhode Island. Our partners will be presenting a workshop for TBI survivors, their loved ones and health care providers at the 11th Annual Statewide Brain Injury Conference on Friday, March 30, 2012 at the Crowne Plaza Hotel in Warwick, RI. More information about this excellent community resource for survivors of TBI can be found at http://www.biausa.org/RI/.
When someone sustains a traumatic brain injury due to another’s negligence or recklessness, he or she has the legal right to pursue compensation for the losses and injuries that resulted. A person who experiences enduring impairment due to TBI may also qualify for Social Security disability. If you or a loved one have suffered such an injury, please contact the Rhode Island brain injury attorneys at Marasco & Nesselbush. Our attorneys have dedicated their careers to supporting people who are injured or disabled, helping them to recover damages, get disability benefits if necessary, and move forward from catastrophic injuries. For more information on how we can help, please call our offices at (401) 274-7400.
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What Are the Most Common Rhode Island Workplace Dangers?
By Rhode Island Personal Injury Attorney on April 5, 2012 - No comments
When the idea of a dangerous workplace comes to mind, many think of places such as construction sites, shipyards, and any other labor-intensive job sites with easily recognizable dangers.
While work-related injuries have thankfully been on the decline for over a decade, they are still prevalent in jobs across the nation. According to the U.S. Occupational Safety and Health Administration (OSHA), there were 3.1 million on-the-job illnesses and injuries in 2010, or an average of 3.5 incidents for every 100 full-time workers. Among the jobs reported on by OSHA for 2010, manufacturing had the highest average injury rate at 4.4 injured workers for every 100, but even the lowest ranked field, service provision, had an average of 3.4. The causes and severity of the injuries may vary, but no matter what field, the chance of a workplace injury exists.
From offices to construction sites, common dangers for workers in Rhode Island and across the nation include:
Anyone who has been injured while performing their duties at work may be entitled to workers’ compensation, or possibly Temporary Disability Insurance (TDI), to aid in their recovery and pay for the time lost from work. However, even after workers’ compensation runs out, an injured worker may qualify for Social Security disability income, and in some cases, a person collecting workers’ compensation may collect civil damages from a third party whose negligence contributed to the accident and resultant injury.
If you have been seriously injured while working, it is always a good idea to consult an experienced personal injury attorney and a Social Security disability lawyer to determine whether you qualify for additional awards, damages, or disability benefits. Fortunately, our firm can provide you with both. The Rhode Island workplace injury attorneys at Marasco & Nesselbush are here to help you obtain the benefits that you deserve. For a complimentary consultation from our experienced law team, call our offices at (401) 274-7400.
Posted in: On the Job Injury
Tags: osha job injury statistics, ri accident lawyers, ssd work injury, temporary disability insurance, types work accidents, work site injury risks, workplace accident dangers, workplace injuries rhode island
What Rhode Island Jobs Have the Greatest Injury Risks?
By Rhode Island Personal Injury Attorney on April 2, 2012 - No comments
Construction
Working at a construction site can expose an employee to a number of hazards that have the potential for a catastrophic injury or accident. Falling equipment, dangerous machinery, deep excavation areas and unstable structures all pose a threat to workers, with roofers in particular facing serious or fatal injuries from fall accidents.
Electrical Repair/ Installation
The dangers inherent in electrical work come directly from the nature of the job. While electrical workers follow safety guidelines and use protective equipment, any accident involving a live electrical current can easily result in severe injury that can damage a worker’s entire body and vital organs in an instant. People who work in bucket trucks repairing electrical lines are also at risk of fall injuries.
Truck Driving
Due to long hours of driving, a truck driver has a greater chance of being involved in a vehicle accident. Combined with the chance of dangerous equipment failure, a higher likelihood of fatigued driving, hazardous road conditions, and long work days, truck drivers are at a high risk of being involved in an accident while on the job.
While these are only a few of Rhode Island’s most dangerous job fields, they are also common sources of employment for Rhode Island residents. However, all jobs can pose risks, with workers facing not only accidents, but also toxin exposure in certain environments. If you or a loved one has become ill or is injured while on the job, please contact the dedicated Rhode Island injury attorneys at Marasco & Nesselbush. To schedule a free, confidential case consultation, please call our offices at (401) 274-7400.
Posted in: On the Job Injury
Tags: high risk injury jobs ri, job dangers rhode island, rhode island personal injury lawyer, work injury ssd benefits, workplace accident providence
Rhode Island Drunk Driving Accidents and St. Patrick’s Day
By Rhode Island Personal Injury Attorney on March 16, 2012 - No comments
St. Patrick’s Day is a time for celebration in Rhode Island and across the country. Our state is blessed to have many fine residents who are very proud of their Irish heritage. While drinking and celebrating can be a great time for many people, there are unfortunately also a large number who then choose to drive while intoxicated. While many holidays bring an increase in drunk driving accidents, St. Patrick’s Day has become especially linked to such tragic events. With St. Patrick’s Day on March 17, the National Highway Traffic Safety Administration (NHTSA) is spreading awareness of the dangers of drinking and driving on this holiday.
According to the NHTSA, 103 fatalities occurred on St. Patrick’s Day in 2009 due to auto accidents, with 37% of these fatal car crashes involving at least one driver who was legally intoxicated—with blood alcohol above the legal limit of .08%. Any traffic fatality is tragic enough, but accidents caused by drunk drivers can be especially devastating for the families of the people who died, or for those whose lives were changed forever as a result.
While St. Patrick’s Day brings an abnormally high rate of drunk driving crashes, such accidents occur every day of the year. According to the NHTSA, over 10,000 people died in 2010 due to impaired driving. On average, someone dies in a drunk driving crash every 51 minutes. If you see someone driving erratically, stay far away from their car, and only pass them if you are certain that you will be able to put a great deal of distance between your car and theirs.
Even the safest drivers can be injured due to the negligent actions of another drunk driver. If you or a loved one has been injured in an accident caused by a drunk driver, the Rhode Island liquor liability lawyers at Marasco & Nesselbush can help you find proper compensation for your injuries from those responsible. For more information on how we can aid you, please call us today at (401) 274-7400.
From our families to yours, we wish all of you a fun and safe St. Patrick’s Day.
Posted in: Liquor Liability
Tags: nhtsa drunk driving crash prevention tips, nhtsa st patricks day statistics, rhode island liquor liability attorneys, rhode island st patricks day, st patricks day drunk driving accidents
Understanding Types of Distraction for Rhode Island Drivers
By Rhode Island Personal Injury Attorney on March 8, 2012 - No comments
The three main types of distraction are:
Manual Distraction
Manual distraction involves taking one’s hand, or hands, off the wheel and using them for other purposes. Because a driver is not fully controlling the vehicle, it is much more likely that he or she will lose control of the vehicle or not be able to respond properly to a hazard in the road. Manual distractions can include texting, grooming, and changing the radio station.
Cognitive Distraction
This form of distraction occurs when a driver takes his or her mind off of the task of driving and focuses on another subject, or even stops thinking in general. Because the driver is not focused and/or aware of what is occurring around and in front of him or her, the person does not react properly to changing conditions, and can easily strike another vehicle. Distractions may include talking, daydreaming, and almost every manual and visual distraction. Overtired drivers are cognitively impaired, as are intoxicated or distraught drivers.
Visual Distraction
Taking one’s eyes off the road and focusing them somewhere else while driving is dangerous. At high speeds, a driver’s eyes taken off the road for even a few seconds can mean not seeing anything for hundreds of yards of roadway, leading to crashes that the driver never saw coming and could not avoid. Visual distractions include reading a map or looking at a GPS device, using a cell phone, and looking at passing signs.
When a driver becomes distracted for any reason and injures another in a resulting accident, victims can hold the at-fault driver responsible for compensation of their injuries. The Rhode Island distracted driving lawyers at Marasco & Nesselbush can help you recover full and fair compensation if you have been injured by a negligent driver. Call us today for a free case evaluation at (401) 274-7400.
Posted in: Distracted Driving
Tags: cognitive distracted driver, distracted driving types, manual distracted driving, rhode island distracted driving crash, ri injury attorney, visual driving distractions
Study Finds Possible Link between Child Anesthesia and ADHD
By Rhode Island Personal Injury Attorney on March 1, 2012 - No comments
A new study conducted by researchers from the Mayo Clinic in Rochester, Minnesota and the Children’s Hospital in Boston has found that young children who undergo multiple medical procedures involving the use of anesthesia may be at a higher risk of developing attention-deficit hyperactivity disorder (ADHD). According to the study, children younger than two years old who were subjected to more than one procedure involving anesthesia had a statistically higher likelihood of developing ADHD.
Through the study, researchers analyzed more than 5,300 children’s medical records and found that, while the exact relationship between anesthesia and ADHD is still unknown, anesthesia and ADHD appear to be correlated. While the study could only examine the medical records of the children and not subject them to testing, tests involving rodents have proven that exposure to anesthesia is linked to memory and learning problems. Researchers stressed that the benefits of necessary surgical procedures on children generally outweigh the risks of anesthesia and ADHD.
The study’s authors suggested that doctors should base their use of surgery involving anesthesia for young children on what is best for the child and not on unknown risks and fears, such as the development of ADHD. Additionally, doctors should take precautions, including minimizing the length of time that an infant is exposed to anesthesia, to avoid complications. The study found no link between use of anesthesia for adults and ADHD.
The attorneys at Marasco & Nesselbush understand the risks that any surgical procedures present for patients, as well as the dangers that can result of medical errors during surgery. We have handled many cases involving anesthesia errors, some of which have resulted in death. Our Rhode Island anesthesia error lawyers are dedicated to representing injured clients by securing financial compensation for injuries sustained and holding negligent medical providers accountable for their actions. For more information about how our experienced attorneys can successfully resolve your case, please call us today at (401) 274-7400.
Posted in: Anesthesia Errors
Tags: adhd causes, adhd study anesthesia, anesthesia adhd danger, anesthesia risks children, rhode island surgery error lawyer, warwick anesthesia error atorneys
Study Shows Marijuana Doubles Risk of Auto Accident
By Rhode Island Personal Injury Attorney on February 27, 2012 - No comments
A new study by Canadian researchers reported on by USNews.com has found that those who choose to drive within three hours after using marijuana are at double the risk of being involved in a car accident. According to the study by researchers at Dalhousie University in Halifax, the risk of driving under the influence of marijuana is only slightly less dangerous than driving while drunk.
The effects of marijuana make it harder for a driver to determine distance, and delay his or her reaction time. Because the impaired driver is suffering from a combination of these effects, he or she is more likely to crash into another car or be unable to react to a hazard in time. The study showed that the greatest risk was for marijuana users with less experience, young drivers, and those who combine marijuana and alcohol use.
Additionally, the study found that the higher the concentration of tetrahydrocannabinol (THC, which is the active ingredient in marijuana) present in a driver’s blood, the more likely that he or she would be involved in a fatal car crash. In total, the meta-analysis analyzed results and research from nine previous studies and 49,411 accident victims in order to understand the effects of the drug.
When someone chooses to take any form of drugs and drive, all others on the road are at risk. If you have been injured by a negligent or reckless driver, you can seek compensation from those responsible. The Providence auto accident lawyers at Marasco & Nesselbush are dedicated to achieving financial security and holding negligent and reckless drivers accountable for their actions. For more information on how our experienced law team can win your case, please call us today at (401) 274-7400.
Posted in: Auto Accident
Tags: marijuana car crash ri, marijuana driver use, marijuana driving study, marijuana side effects driving, providence fatal auto accidents, rhode island car crash attorney
When Do Social Security Disability Benefits Become Retirement Benefits?
By Rhode Island Personal Injury Attorney on February 22, 2012 - No comments
Although Social Security disability and retirement benefits have both existed for many decades, the rules and regulations surrounding eligibility for each are still often unclear for many. There is also confusion about how the two relate to each other. In fact, many people who rely upon Social Security Disability benefits worry about how this might affect their retirement benefits later in life.
When a person is working and paying FICA taxes (paying into the Social Security system), those taxes are paid into the Social Security Trust Fund, and they will support you if you become disabled or in retirement. However, what good are retirement benefits, if you have an injury or illness, and you will not live until retirement age? If you become disabled before retirement age, you can access your full retirement benefits early by virtue of being found “disabled.” You will continue to receive that full rate until you reach retirement age, at which time the Social Security Administration will simply switch you over from the disability fund to the retirement. Thus, disability benefits essentially continue for the rest of your life, as long as you are unable to work. These benefits are based upon your lifetime earnings prior to the disability, and not upon the severity of the injury, even if it worsens over time. By contrast, Social Security retirement benefits are based on your earnings over the course of 35 years, along with several other factors. Social Security retirement benefits cannot be received earlier than age 62.
Since a person who has suffered a disability usually has not worked for 35 years, the Social Security taxes paid by the worker are made available to the disabled worker in the form of disability benefits. No additional benefits are added, and none are taken away; they are only renamed retirement benefits when the recipient reaches retirement age. No actions need to be taken by a disability beneficiary, as the change will automatically be made by the Social Security Administration when the worker reached full retirement age.
Applying for disability benefits can often be a difficult process and even legitimate claims are often denied. As such, it is important to have a knowledgeable and dedicated legal team on your side so that you have the very best chance of winning the disability benefits you deserve. The Providence Social Security Disability attorneys at Marasco & Nesselbush are dedicated to helping injured and disabled workers (and their families) find the benefits needed to ameliorate the harsh financial consequences of a long-term or permanent serious disability. For more information on how our skilled legal team can help you today, please call (401) 274-7400.
Posted in: Social Security Disability
Tags: providence social security lawyers, rhode island retirement benefits, ri social security disability law firm, social security disability eligibility, social security retirement, ssd benefits providence
Are Family Members Entitled to Social Security Disability Benefits?
By Rhode Island Personal Injury Attorney on February 20, 2012 - No comments
When someone suffers a disability that prevents him or her from being able to work, the disabled person may be eligible for Social Security Disability benefits. The Social Security Administration (SSA) recognizes that when disability prevents work, the disabled person is often not the only one affected. Anyone who is financially dependent on the disabled person can suffer from the lack of household income, as well. SSDI allows dependents to qualify for auxiliary benefits, in some cases.
Those who are considered legal dependants may include the disabled person’s spouse, divorced spouse, or a child for whom the disabled person is financially responsible (including a disabled child). Any dependent children are due these auxiliary benefits, the term SSA uses to describe a percentage of the disabled parent’s SSDI benefits, regardless of household income. Spouses may qualify if they are not earning more than a specified amount per year. Under the Social Security Administration’s regulations, each family member can receive a maximum of 50 percent of the person’s disability rate, but this can be reduced due to a limit on what can be paid to a family as a whole. The total amount given to a family can add up to 150 to 180 percent of an individual person’s disability rate, with the rate per person changing depending on the number of dependent family members in order to accommodate the rate cap. In some cases, family members may also qualify to receive health benefits.
It is important to note that the amount of disability benefits the actual disabled worker receives will not be affected by family size. However, the family benefits will be determined in part by the amount of the worker’s benefits. Obtaining full benefits is incredibly important to most families, as a worker’s SSDI benefits are not the same amount that he or she was receiving while working. The cost of supporting a family is often greater than the amount the individual receives in SSDI benefits.
Federal law entitles disabled workers across the United States to Social Security benefits, but proving one’s claim and winning benefits (including family benefits) can be incredibly difficult. The Rhode Island SSDI family benefits attorneys at Marasco & Nesselbush understand the financial and emotional toll that disability exacts, not only to the injured person, but to his or her entire family. For more information on how our trusted Social Security Disability law team can help you obtain the benefits you need and deserve, please call us today at (401) 274-7400.
Posted in: Social Security Disability
Tags: family member ssd benefits, family social security disability, rhode island disability attorneys, ri social security law firm, social security administration, ssa family compensation, ssdi benefits rhode island, warwick ssd lawyer
Marasco & Nesselbush Helps Widow Obtain 30 Years of Retroactive Social Security Disability Benefits in United States First Circuit Court of Appeals Case
By Rhode Island Personal Injury Attorney on February 15, 2012 - No comments
Applying for Social Security Disability benefits is a complicated process that often takes a significant amount of time, requires solid medical evidence, and is governed by strict regulations. However, as a recent major United States First Circuit Court of Appeals case victory by Marasco & Nesselbush illustrates, perseverance, dedication, knowledge of precedent, and focused work can help a claimant navigate the difficult waters of applying for and obtaining Social Security Disability benefits. Let us explain how the law firm of Marasco & Nesselbush re-opened a 1975 application for a disabled (and now deceased) American veteran, obtaining for his widow over $300,000!
Marasco & Nesselbush client, Dr. Richard Frusher, a veteran of the Vietnam War, began to show symptoms of debilitating mental illness in 1974, and later received a diagnosis of schizophrenia. He applied in 1975 for Social Security Disability Insurance (SSDI) benefits and was denied. His health did not improve. When Dr. Frusher’s illness worsened in 1978, he applied again for benefits, and again, the Social Security Administration (SSA) determined that he was “not disabled,” and his claim was denied. Dr. Frusher spent many years in treatment, was unable to work, and his loving family cared for him as best they could. He did not appeal the Social Security Administration’s decisions, and because of his illness, it was not clear that he understood that he could.
His wife, Cecelia Frusher, always believed that her husband should have been granted Social Security disability benefits back to 1975. In 2005, Cecelia Frusher came to Marasco & Nesselbush because she had heard that our firm’s attorneys understood the intricacies of Social Security law better than anyone else in the area. After consulting with partner Donna M. Nesselbush, Mrs. Frusher retained Marasco & Nesselbush to appeal the 1975 denial of her husband’s SSDI benefits. Attorney Nesselbush knew of a little known Social Security law, (Ruling, 91-5p), which she knew she could use to fight for her client. Unfortunately, right after the Appeals Council remanded the issue to a second judge for a new hearing, Dr. Frusher passed away in a veteran’s home. His family was determined to proceed and seek justice because they felt he had been unfairly denied his rights.
Attorney Nesselbush and Marasco & Nesselbush associate Attorney Joseph P. Wilson continued to fight for Dr. Frusher’s retroactive benefits. After six years of appeals, including the final one made to the United States First Circuit Court of Appeals, on April 29, 2011, a judge ruled that Dr. Frusher’s schizophrenia was good cause in accordance with SSR 91-5p for failing to appeal the denials of his claims to benefits in 1975 and 1978. The Court ruled that his estate would be eligible for retroactive Social Security disability benefits (SSDI) all the way back to 1975!
This case is an important one in federal Social Security disability law. More importantly, it afforded Dr. Frusher’s widow and his children an opportunity to remember their husband and father as someone whose disability opened a door for others who are also unjustly denied, and not as someone whose life was defined by it. It may have taken 36 years from the date of Dr. Frusher’s initial application for Social Security Disability benefits, and six years of litigation, for justice to be won, but his family can now keep his memory alive knowing that, as Attorney Nesselbush stated, “…no matter what mental health takes away from you, it can never take away your legal right to be treated fairly.”
To learn more about the many outstanding accomplishments of the Rhode Island Social Security Disability law firm of Marasco & Nesselbush, please visit www.m-n-law.com or call (401) 274-7400 for a free consultation about your disability claim.
Posted in: Social Security Disability
Tags: marasco and nesselbush, providence social security lawyers, retroactive social security benefits, retroactive ssd, ri social security disability cases, social security disability appeals, social security disability mental illness, social security law, ssdi mental illness
Understanding the Effects of a Traumatic Brain Injury
By Rhode Island Personal Injury Attorney on February 6, 2012 - No comments
When a person suffers damage to his or her brain due to an external force, this is known as a traumatic brain injury (TBI), and it can result in a variety of complications and symptoms.
TBI is usually caused by accidents, especially by any incident that results in a violent force being exerted on a victim’s skull.
According to the Brain Injury Association of America, car and motorcycle accidents, sports injuries, combat injuries, assaults, and slip-and-fall accidents in Rhode Island and throughout the United States most often result in TBI. When someone suffers TBI, the effects can vary depending on the severity of the injury. Most often, TBI will result in:
The more severe a TBI incident is, the stronger the symptoms will be, with more symptoms likely occurring and lasting for a greater length of time. The worst TBI injuries can result in coma, a vegetative state, or death.
Anyone who has suffered a serious TBI must immediately seek medical attention to prevent or minimize the impact of the injury. Medical professionals can sometimes stabilize traumatic brain injury patients and help to speed recovery.
Marasco & Nesselbush is very pleased to support the work of the Brain Injury Association of Rhode Island. Our partners will be presenting a workshop for TBI survivors, their loved ones and health care providers at the 11th Annual Statewide Brain Injury Conference on Friday, March 30, 2012 at the Crowne Plaza Hotel in Warwick, RI. More information about this excellent community resource for survivors of TBI can be found at http://www.biausa.org/RI/.
When someone sustains a traumatic brain injury due to another’s negligence or recklessness, he or she has the legal right to pursue compensation for the losses and injuries that resulted. A person who experiences enduring impairment due to TBI may also qualify for Social Security disability. If you or a loved one have suffered such an injury, please contact the Rhode Island brain injury attorneys at Marasco & Nesselbush. Our attorneys have dedicated their careers to supporting people who are injured or disabled, helping them to recover damages, get disability benefits if necessary, and move forward from catastrophic injuries. For more information on how we can help, please call our offices at (401) 274-7400.
Posted in: Brain Injury
Tags: brain injury association america, brain injury social security, marasco and nesselbush, rhode island personal injury attorneys, ri personal injury law firm, tbi symptoms, traumatic brain injury, warwick brain injury lawyer
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