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Milwaukee Personal Injury Law Blog

Tailgating is Negligence

Tailgating is something we have all experienced. The tailgating driver acts in reckless disregard for the safety of those in front of them. Some people tailgate because they like to drive fast, have an unrealistic view of their braking ability, are generally reckless, or actually like to push traffic, believing that if the come up hard on the car in front of them, that car will pull over and let them pass. You see this type on the freeway in rush hour traffic and its incredible to see these aggressive folks who think that if they push enough, the hundreds or thousands of cars in front of them will somehow move and open the road for them. Might be some narcissism involved as well. In any event, the law says tailgating is illegal and dangerous. Here is Wisconsin Civil Jury Instruction covering tailgating:

Treating a concussion after a workplace injury

You've suffered a concussion at work and now it's time to turn your attention to the future. In addition to concerns about returning to your job as quickly as possible, you need to focus on following a detailed treatment strategy for making a full recovery.

Your doctor will walk you through the best approach to treatment, based on their experience and knowledge of your injury. Here are some of the things your doctor will ask of you:

  • Avoid physical activity: The last thing you want to do when recovering from a concussion is strike your head. For this reason, you should avoid all physical activity, such as sports and roughhousing with your children.
  • Give your brain time to rest: This means many things, such as avoiding activities that require mental concentration. From working on your computer to playing video games, you'll need to cut these activities out of your life for now.
  • Get enough sleep: Sleep is when your brain recovers, so you'll want to get plenty of rest in the days and weeks following your concussion. Your doctor can give you an exact idea of how many hours they want you sleeping each night.

Could you receive a workers’ compensation denial letter?

You apply for workers' compensation benefits because you've suffered an injury at your place of employment. You assume that your claim is straightforward and that you'll begin to receive benefits soon.

But then something goes wrong. You receive a workers' compensation denial letter in the mail. If this occurs, review the letter from beginning to end to better understand what happened and the steps you can take to file an appeal.

The dangers of fall driving in Wisconsin

Operating a motor vehicle at any time of the year puts you at risk of an accident. During the fall season, there are several specific dangers to protect against.

Here are four of the most common dangers of fall driving:

  • Deer: Even if you're able to avoid striking a deer, it could cause you to swerve out of your lane or quickly hit the brakes. This increases the risk of an accident.
  • More traffic: With school back in session, you'll be contending with more vehicles on the road. From buses to parents driving their children to and from school, you must take special caution by sharing the road.
  • Wind and rain: When the rain begins to fall and the wind picks up, maintaining your safety while driving is a challenge. You need to slow down, use your headlights and watch for drivers who aren't taking as much caution as you.
  • Leaves: Wet leaves can make any roadway slick. If you drive too fast over wet leaves or attempt to brake, there's a chance you'll lose control of your vehicle.

Laid Off with a Back Injury

Got a call from someone laid off with a back injury wanting to know if they had any workers compensation options. He was a construction worker in his fifties who had been diagnosed with degenerative disc disease including bulging discs and a possible herniated disc in his lumbar spine. He had low back pain, with occasional shooting pain down his right leg, doctors call this radiating pain or radiculopathy. He had done some physical therapy years ago and even had some work restrictions. But he continued to work, basically watching himself and his employer generally accommodated him when he had formal restrictions and even after they ran out. Reason being he was an experienced laborer foreman. He had the kind of experience you can't teach. Work was plentiful and it paid to have an extra man on site even if he couldn't do a lot physically.

5 easy-to-follow scaffolding safety tips

Working at height on scaffolding can be dangerous at times. One false move can cause you to plummet to the ground below or another suffer another type of accident.

There are some scaffolding safety tips you can follow to protect yourself, including these five:

  • Proper installation is a must. Follow the manufacturer's recommended installation procedure down to every last detail.
  • Place scaffolding on stable ground. You want to avoid placing your scaffold on sloped or soft ground, as both conditions increase the risk of an accident.
  • Lock the wheels. When the scaffolding is in use, be sure to lock the wheels. This is important no matter if you're working indoors or outdoors.
  • Keep a clean workspace. Cluttered scaffolding can cause an accident, as you're more likely to trip or knock something to the ground below. Also, be careful of where you place objects on the scaffolding, as you want to keep them away from the edges.
  • Wear the appropriate safety gear. This includes, but is not limited to, non-slip shoes, hardhat and gloves. Depending on the circumstances, you may also want to wear a safety harness.

How Much Does Workers Comp Pay in Wisconsin

How much does workers comp pay in Wisconsin for a back injury, depends on several factors. First, a doctor must state you have a work-related permanent injury at the end of the healing period. Then Wisconsin law says you are entitled to permanent partial disability benefits or a settlement, but we have to look at the statute schedule for the amount depending on the body part injury.

There are 3 categories of distracted driving

There are many different types of distracted driving, ranging from texting to talking on the phone to eating and drinking.

Every type of distracted driving fits into one or more of the following categories:

  • Visual distraction: This occurs when a driver looks away from the road ahead. For example, this may happen if they turn their attention to a map or GPS system.
  • Cognitive distraction: This type of mental distraction comes into play when a driver isn't focused entirely on the task at hand. Common types of cognitive distractions include talking with other passengers and daydreaming.
  • Manual distraction: This occurs when a driver takes one or both hands off the steering wheel, such as to reach for their cellphone, type a text message or grab a drink or piece of food.

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