June 22nd, 2020|
When many people think of getting compensation after a work injury, they think of workers’ compensation benefits. And while that’s the way to go for many on-the-job accidents, injuries, and illnesses, it’s not always valid. In some cases, work-related injuries are handled more like personal injury claims.
Generally, workers’ comp claims arise when workers get injured while performing their work-related duties. Personal injury claims, on the other hand, typically arise when people get hurt through no fault of their own, regardless of what they’re doing at the time. But in some cases, it can be difficult to determine which claim applies to a particular situation, or even if both claims apply.
For example, an injured worker may be eligible to file both types of claims if they’re hurt in a crash caused by another driver while they’re driving or riding in a work vehicle and for work-related purposes. Another example could be someone not affiliated with their job causing them to suffer injuries due to negligence while they’re at work.
It’s important to have an experienced Nashville personal injury lawyer on your side if this scenario applies to you, as there’s a good chance both the at-fault party’s insurance company and your employer will point fingers at each other instead of assuming liability. Getting compensation from both parties can be difficult, but if it’s the best course of action, we’ll do everything we can to make it happen.
Contact Ponce Law today for a free consultation. We’re here to help.
December 7th, 2015|
Taking your eyes off of the road for a split second to see a text or make a call on your cellphone can leave you seriously injured in a crash. The Goodlettsville car accident attorneys at Ponce Law explain this situation plays out all too often here in Tennessee.
Data from a National Safety Council report ranks the Volunteer State as having the highest percentage of highway fatalities attributed to distractions caused by cellphones. The Tennessee Department of Safety and Homeland Security says that there have been as many as 1,300 Tennessee distracted driving accidents so far this year.
There is hope to bringing an end to distracted driving in our state, though. State Rep. John Holsclaw is planning to introduce a bill that builds on the state’s current law that prohibits motorists from talking on a cellphone unless they are using a hands-free device.
According to The Tennessean, Holsclaw stated he is introducing the bill because the wording of the current regulations make it difficult for police and highway patrol officials to enforce the law. The bill’s first opportunity for consideration will come in January.
Stricter distracted driving laws could significantly improve safety on our highways, but it’s important to recognize that not all accidents can be prevented. That’s why the legal staff at Ponce Law believes it’s important to know what to do after the auto accident.
September 2nd, 2015|
The costs of an on-the-job injury can really add up over time. This is highlighted by the case of a former Tennessee Titans football player who recently reached a workers’ compensation settlement with the team.
The Nashville workers’ compensation attorneys at Ponce Law explain that the former tackle joined the team in 2005. During his decade-long career, the player suffered 28 injuries that could be considered compensable. He also often played for the team while injured.
The player filed a claim for workers’ compensation benefits with the team, but the claim was denied. The decision prompted the former Titan to file a lawsuit against the team seeking damages for his injuries.
Before the case could go to trial, a settlement was reached between the two parties. According to The Nashville Post, the Titans agreed to pay their former player a total of $76,633.70 for the injuries he sustained during his time with the team. The agreement also stipulated that the team would also cover future medical costs related to the injuries.
Getting the compensation you deserve for a work-related injury can often be complicated. That’s why the Nashville personal injury attorneys at Ponce Law encourage injured workers to consider taking these steps to take after a work injury. Following our tips may provide you with some insight into what it takes to file a strong Tennessee workers’ compensation claim.
July 20th, 2015|
Look at the news any day of the week in Tennessee and you’ll likely find a story about drunk driving accidents. This serious public safety concern has prompted officials to create campaigns against drunk driving. However, the attorneys at Ponce Law explain that the most recent campaign is facing criticism.
An article from FOX News stated that last weekend; coasters and other media were handed out in bars and restaurants in Nashville as part of the “100 Days of Summer Heat Booze It and Lose It” campaign. Typically this sort of promotion would be applauded, but the slogans on these items were offensive to many.
One coaster discussed buying drinks for a “marginally good-looking girl” just to find out she is “chatty” and “clingy.” Still another carried the phrase, “After a few drinks the girls look hotter”
The campaign caused a major public backlash on social media, which prompted state officials to issue an apology for the campaign. The Governor’s Highway Safety Office released a statement saying it was never the organization’s intention to offend or insult women.
At Ponce Law, we believe public safety campaigns are beneficial when they send a positive message to everyone, and we hope more effective campaigns result from this incident. Our Nashville personal injury lawyers remind Tennesseans that driving under the influence is a deadly risk that can easily be avoided. Arrange for a safe ride home if you’ve been drinking.
July 15th, 2015|
Many factors can play a role in Tennessee car accidents, including the negligent design or maintenance of roadways.
When care is not taken when planning a roadway or conducting regular upkeep, crashes are more likely. Residents and officials in Mt. Juliet, Tennessee, say this may be the reason for an increase in car accidents at a local interchange.
According to WKRN 2 News, there have been nearly 30 collisions along I-40 East near South Mt. Juliet Road and Belinda Parkway. Those crashes resulted in at least eight injuries and a majority of the accidents seem to occur while it’s raining.
This prompted officials at the Tennessee Department of Transportation to launch an investigation lack of proper drainage and what can be done to solve the issue. So far, the agency has determined drains in the area are clear and free of debris that can cause clogs. The team is also working to determine if the slope of the road is correct.
At Ponce Law, we understand the risks a defective roadway can pose to motorists, and our Nashville personal injury lawyers are hopeful any problems discovered on the highway can be resolved before another accident happens.
July 13th, 2015|
Some drugs pose more serious and threatening side effects than others—including heart attacks.
Kidney Dialysis Products
The U.S. Food and Drug Administration (FDA) reports that there were an estimated 1,000 heart attacks as the result of using Fresenius Medical Care’s Granuflo® or Naturalyte® products in 2010 alone. Use of the product can cause a patient to suffer from a condition known as alkalosis—an imbalance of carbon dioxide and bicarbonate levels in the body.
Testosterone Therapy Drugs
Testosterone levels drop as men age, which can lead to loss of energy, muscle mass, and sex drive. Some men treat the loss of testosterone with supplemental therapies like Androgel®. However, our Testosterone therapy heart attack lawyers explain these products have been shown to increase the risk of adverse cardiac events.
Many of us use over-the-counter pain relievers regularly, but the FDA is warning that doing so could increase your chance of a heart attack. WKRN 2 News reports the agency has called for a change to the warning labels of these products.
Get Answers To Your Questions
At Ponce Law, we are aware of the risks that can come with taking certain medications. That’s why our drug injury lawyers encourage you to speak with your doctor or pharmacist before beginning any new treatment regimen.
June 15th, 2015|
Swimming Pool Dangers
It’s been especially hot in Middle Tennessee over the past several days. With the mercury rising, many residents are looking for relief from the heat by the pool. The Nashville swimming pool accident lawyers at Ponce Law explain it’s important to keep safety in mind by the swimming pool. That’s why we’d like to make you aware of some of one of the greatest risks you will face near a swimming pool—diving accidents.
Going into the water headfirst can be a hazard if you don’t know the water’s depth. Almost 60 percent of swimming pool diving accidents occur in less than four feet of water. Around 17 percent of diving accidents are the result of attempting to do difficult tricks. Surprisingly, diving boards are very rarely a contributing factor to diving accidents, considering less than ten percent of diving injuries or fatalities involve a diving board.
To bring into perspective just how common diving accidents are, Smokey Barn News reports that an Orlinda, Tennessee, man was airlifted to Vanderbilt Medical Center after being involved in a diving accident at a Robertson County pool yesterday.
The Nashville personal injury lawyers at Ponce Law encourage you to never swim alone or run near the pool. Also, remember not to dive into the water unless you know it’s at least 12 feet deep.
May 20th, 2015|
The U.S. Food and Drug Administration creates policies that regulate the manufacturing of medications to ensure patient safety. But many companies fail to adhere to these rules, resulting in innocent people being harmed.
One such case was the fungal meningitis outbreak of 2012 that claimed the lives of dozens of Tennesseans and left hundreds of others sickened.
A Boston-based company, the New England Compounding Center, was responsible for manufacturing tainted steroid injections. These injections were then distributed throughout the country, including Tennessee.
Soon after patients began receiving the injections, some became violently ill. Some of the symptoms included fever, nausea, vomiting, seizures, confusion, swelling of the brain and spinal cord, and even death. Further testing determined patients had been exposed to fungus, and it was traced back to the injections.
Many victims filed lawsuits against the maker of the tainted injections and the doctors who gave them. Now, according to an article from WKRN 2 News, a judge has approved a $200 million plan to compensate the victims. Officials say those entitled to the compensation can expect to begin receiving payments this year.
At Ponce Law, our Nashville personal injury lawyers are hopeful this settlement can bring closure to fungal meningitis outbreak victims and their families.
May 15th, 2015|
In Tennessee, the law protects nursing home residents’ rights to partake in activities both on and off the premises of the facilities where they live—but nursing homes are responsible for ensuring the safety of activities that take place on the their property.
A failure to take such precautions resulted in injuries to seven patients of a Hermitage, Tennessee, nursing home. Reports from WKRN 2 News say the injuries occurred when a train ride set up on the nursing home’s property overturned while giving rides to patients.
Officials say the train was making it’s way down a small hill on the property when the 21-year-old operator lost control. The small train derailed and the last car overturned, causing several riders to be injured.
The train’s operator told investigators he applied the brakes, but they were not working or were not strong enough to slow the train down. An investigation into the cause of the accident remains open. Officials did say they do not believe the train’s operator was intoxicated at the time of the crash.
May 13th, 2015|
In Tennessee, the law protects workers from discrimination based on factors such as religion, race, ethnicity, sex, age, and disability. If a worker is mistreated or fired for any of these reasons, the Nashville workplace discrimination lawyers at Ponce Law explain that you may have rights to compensation.
A prime example is the case of a former Bedford County Jail guard who was fired because she is a woman. According to the Times-Gazette, the woman could be awarded as much as $75,000 in addition to the $385,000 back pay she was awarded after being fired due to her gender.
Reports indicate the female guard was on duty on the night a prisoner escaped. She was assigned to check the cells of female inmates, while a male guard was in charge of checking on male inmates. Although she had no contact with the inmate who escaped, the female guard was fired and the male guard was allowed to keep his job.
The woman filed suit against her former employer, citing other occasions where favor was given to male employees over females. A jury agreed.
At Ponce Law, we know the emotional and financial damage that can result from on-the-job discrimination. Our Nashville employment lawyers are here to answer your questions if you believe you were terminated from your position due to discrimination.