December 19, 2008

Real Case: Man Rear Ended on Highway 50 in Sacramento

The following is an actual case fought and settled by Attorney Moseley Collins. It involved a man who was rear-ended on Highway 50 in Sacramento, CA. The names have been changed to protect the privacy of the involved parties.

Robert Brown was a healthy 38 year old man. He was an athletic man who, when not working at his full time job, enjoyed many outdoor activities, such as basketball, fishing, hiking, and camping. He had never had pain issues with his back or neck. Unfortunately for Mr. Brown, that was about to change.


Continue reading "Real Case: Man Rear Ended on Highway 50 in Sacramento" »

Bookmark and Share

December 12, 2008

High Risk California Jobs: Linesman

You tend to not notice linesman working on telephone poles as it is a common sight, just part of the landscape here in Sacramento, California, as you drive by.

Most of today’s line work takes place out of a bucket truck or on ladders but there are still a lot of folks climbing poles to keep the utility systems running everyday.

It is a dangerous job. Interestingly, those linesmen who work at lower altitudes like telephone lines at 20 feet above the ground, have more falling accidents than their power line brothers who work at 40 feet and higher. The explanation is that the lower height linesmen become more careless and take more shortcuts to get the job done.

In any case, whenever any linesman falls, as soon as the lineman reports the accident to the supervisor (assuming they are not already in an emergency room) the linesman is sent off to see a doctor. Even when the linesman says they feel fine, no problems, the company insists on sending them to be checked by a doctor. They do this because they, the company, know that an expert opinion is absolutely necessary to ensure that no damage has been done to the employee. Most linesmen are not physicians and are not experienced enough to make the call.

Are these companies simply pro-employee or are they simply doing what is necessary to ensure employee productivity and avoid legal exposure? Most likely they are all of these things. Constructing and maintaining aerial utility lines are their business and they know what they need to do to be successful.

Continue reading "High Risk California Jobs: Linesman" »

Bookmark and Share

December 11, 2008

A Broken Arm in Sacramento

What are the legal issues involved when someone breaks an arm? Well that depends on a lot of things, a lot of variables. For example:

• A 12-year-old boy breaks his arm and cannot go swimming for 4 weeks. (Inconvenience or Disability?)
• A 29-year-old man breaks his arm and can not ride his motorcycle (or stick shift car). His motorcycle is his only means of transportation to get to his job. He is off work for 4 weeks and during that time his job is taken by another. (Inconvenience or Disability?)
• A 22-year-old administrative assistant breaks her right arm and cannot use her right hand to type or operate her computer mouse. She must shift to her left hand. Her productivity is cut in half until her arm heals. (Inconvenience or Disability?)
• A 68-year-old breaks an arm which invites infection during the healing process. The infection leads to complications which last for the next 12 months. Daily assistance is now required for cooking, cleaning and personal hygiene. (Inconvenience or Disability?)

So you see it really does depend on a lot of variables. But wait, there are even more variables, like who is responsible for the broken arm?

Continue reading "A Broken Arm in Sacramento" »

Bookmark and Share