Joomla Software solutions Template

The world looks on as Jon and Kate travel down the path to divorce.  Those eight angels deserve stability along with the right and expectactions to have two parents raise them.  Both Jon and Kate Glosselin have indicated that they plan to take turns leaving the family home, a practice known in the divorce circles as "bird nesting" or simply "nesting".  This shared parenting practice has only recently started to gain broad acceptance, but with Jon and Kate in the lime-light it will likely emerge as a viable alternative to many traditional "visitation" arrangements.

The "research" is all over the map as to what is in the "best interests" of children caught in the middle of separation and divorce.  Research clearly demonstrates that how a couple divorces is more telling than the divorce itself.  It is always in the children's best interests to have parents who can put their anger, bitterness and selfishness aside and demonstrate by their words and actions that they love their children more than they may dislike their ex.  Nesting provides such an opportunity.  Generally speaking, the best scheduled to follow is whatever works best for the kids and not necessarily what is most convenient for mom or dad.

For the very wealthy, as well as for the economically challenged, nesting can work well for everyone.  The children did not ask for the divorce so why should they have to change houses, make new friends, lose old friends, change schools and go back and forth like a family Frisbee?  When the family has money, each parent can have a new "freedom pad" for their own single life when they do not have the kids.  When that parent does not have them, the other one will be back at the former marital home, "the nest," with the children and exercising their parenting time.  For the economically challenged, their "freedom pad" might be back to mom's basement or on a trusted friend's couch for a few days a week.

For the Glosselin family it would be nearly impossibe to design a more traditional child access schedule such as every other weekend and a night or two during the week for the non-custodial parent.  For anyone who has watched the show, the potential difficulties are all too obvious and such chaos would not likely be in anyone's best interests.  For varied reasons, some people don't care for Jon, and for others, Kate is no great catch.  But, give credit where credit is due.  Jon and Kate claim that they bought their dream house for the kids.  It looks like they meant it.

Mike Mastracci is a nationally recognized family law attorney and is the author of the newly released and highly praised book, Stop Fighting Over the Kids: Resolving Day-to-Day Custody Conflict in Divorce Situations.  He maintains a very popular family law Blog:  www.DivorceWithoutDishonor.com For more information visit www.StopFightingOverTheKids.com

Mike Mastracci also maintains an affiliation with Blondell & Associates.  We frequently refer clients who have domestic issues to Mike, deferring to his vast knowledge and experience in this area of the law.   

     Getting injured on the job can be a frightening experience.  A number of questions arise:  Who will pay my medical bills?  Can I see my doctor or do I have to see the Employer's doctor?  What if I miss time from work?  What happens if I don't file a claim?

     The purpose of this article is to answer these questions and more in an attempt to make the experience of getting hurt on the job, less confusing and less frightening.

WHAT TO DO IF YOU ARE INJURED

     No one asks to be hurt on the job.  Still, in every type of job, workers are injured.  It is important to know what to do if this ever happens to you.

     The most important thing to keep in mind if you are ever injured on the job, is to file a claim form with the Workers' Compensation Commission.  There is a specific claim form that must be filed by you or on your behalf by an attorney.  Neither your employer not its insurance company can file this claim for you.  These claim forms can be obtained from the Workers' Compensation Commission or our office.  There is no fee associated with filing a claim form.  Employers are prohibited from punishing employees for filing a claim.

FILING A CLAIM

     It is important to file a claim to protect your rights to workers' compensation benefits.  Unless an injured worker files a claim within two (2) years of the injury he or she will be unable to force the insurer to pay benefits provided for by the Workers' Compensation Laws of Maryland.  Employees should file a claim whenever they are injured regardless of who is at fault.  The concept of fault does not enter into workers' compensation law.

     In order to obtain workers' compensation benefits only two questions are important.  First, did the injury occur in the course of your employment?  Second, did it occur as a result of your employment?

WORKERS' COMPENSATION BENEFITS

     There are basically three benefits provided by workers' compensation laws, and there are several other benefits that go along with these. 

     1)  Medical care for life for any condition stemming from the injury by doctors and hospitals of your choice at the expense of the employer and insurer.

     2)  Temporary total disability which amounts to 66.67% of your wages, not exceeding the State Average Weekly Wage, throughout the time you are being treated for your injury and cannot perform your normal duties.  That time is not to be charged against you and is strictly a workers' compensation benefits.

     3)  Permanent disability is an award of money to compensate you for any degree of permanent injury.  This normally falls under permanent partial disability and should have no bearing on your ability to do your job.

REPORTING AN INJURY

     Prompt and accurate reporting of an injury helps to promote safety on the job and at the same time prevents someone from challenging your injury at a later date.

MEDICAL TREATMENT

     While the employer and insurer cannot insist on choosing the doctor who treats you, they do have a right to have you examined at reasonable times.  It is important that you report all your injuries, not just those that seem most significant to you at the time.  Sometimes the most seemingly minor injury develops into a serious condition at a later date.

INJURIES CAUSED BY OTHERS

     On occasion, an injury may occur as a result of a negligent third party.  In that event you have additional claims that may be made and the employer and insurer may recover money that they have spent on your behalf in medical benefits and monetary compensation.  It is important, therefore, that this aspect of your injury be pursued by competent representation.

LEGAL REPRESENTATION

     Blondell & Associates have more than sixty years of combined experiences in handling injury claims.  The four attorneys, Bill Blondell, Mark Miller, Todd Schuler, and Chris Brown, are available to represent you, and investigate your claims at all times.  All of the lawyers work together under the supervision of Bill Blondelll.  The lawyers in the office have successfully represented injured persons in workers' compensation, autobmobile, construction, industrial negligence, medical malpractice and every conceivable type of personal injury.  Fees are reduced for Union members.  All initial consultations are free.

     The answer is .... both!  The same laws that are designed to protect consumers from dangerous products also protect consumers from dangerous packaging.

     Anyone who has ever tried to open a small electronic device encased in a hinged, hard clear plastic container welded at the seams knows the "wrap rage" that clamshell packaging causes.  Unfortunately for consumers, the packaging causes more than just rage.  When sliced open, the hard plastic shards can cut you, and it's all but impossible to extricate the contents without weaponry.

     Clamshell packaging received Consumer Reports 2006 1st Place Oyster Award for hardest-to-open packaging.  Injuries from packaging, including clamshell packaging, contributed to 200,000 visits to emergency rooms in 2005 as reported by the U.S. Census Bureau.  Yet, manufacturers continue to package their products in this unreasonably dangerous type of packaging.

     As you might have guessed, the reason that companies continue to use clamshell packaging is profit.  The packaging makes for eye-catching product displays in stores and operates as a theft deterrent as shoplifters are thwarted by the clamshell design.  Companies are reluctant to employ alternative, equally effective, packaging designs because they cost a few more cents per package which cuts their profit margins.

     This profit, however, comes with a price.  A price paid by consumers with painful cuts to fingers and hands.  The injuries caused by jagged shards of clamshell packaging can, on occasion, be severe.  When more severe injuries occur, a claim under a products (or packaging liability) theory may be viable.

     We do not advocate the pursuit of claims for scratches and minor cuts.  Pursuing products (or packaging) liability claims is expensive.  These claims can only be justified when the injuries are severe and debilitating.

     A severed tendon or nerve caused by clamshell packaging can be devastating.  This type of injury can be especially devastating for the person who makes a living with her hands.

     Our office recently represented a woman who suffered a serious injury to a tendon in her finger while opening clamshell packaging.  She was a nurse who could not return to her chosen profession because of her injury.  We obtained a favorable result for her and her family under a products (or packaging) liability theory.

     If you have been seriously injured as a result of an unreasonably dangerous product or packaging, contact our office to schedule a free consultation.