Maryland Injury Attorney Blog

May 15, 2012

Preventing Maryland Construction Work Falls and Fatalities : OSHA Launches Fall Prevention Campaign

Falls are the leading causes of accidental death in the construction industry. According to OSHA (the United States Department of Labor, Occupational Safety & Health Administration), of the total 774 construction accident fatalities in 2010 — 264 were fall related fatalities (and of those, 255 falls were to a lower level).

Common types of construction worker slip and fall accidents include falls from ladders, roofs, scaffolds, and other elevations, as well as being struck by construction equipment or building materials, resulting in a fall. Falls may also occur when safety equipment such as harnesses or other means of personal fall protection malfunction or fail. Another cause of serious and fatal construction accidents is falling through openings in the floor.

In hopes of preventing injuries and saving lives, OSHA has partnered with the National Institute for Occupational Safety and Health (NIOSH) and the National Occupational Research Agenda (NORA) – Construction Sector on a nationwide outreach campaign. The groups aim to raise awareness among employers and workers about common fall hazards in construction, and how falls from ladders, scaffolds and roofs can be prevented.

April 30, 2012

Running on Red in Maryland : Would Longer Yellow Traffic Light Times Cut Down on Intersection Accidents?

by Jeff Butschky

Maryland drivers are no strangers to this frightening scenario. You’re stopped at a red light in say, Baltimore. Just as the light turns green and your foot hits the gas pedal — another car shoots through the intersection in front of you, running his or her red light. You slam on your brakes, gasp for breath, and thank your lucky stars you weren’t broadsided and hurt, or worse.

As a Baltimore County car accident injury lawyer, I know from work with injured and grieving clients that not everyone is so fortunate in this all-too-common scenario. Motorists who run red lights can cause devastating crashes resulting in motor vehicle damage, bodily injury, and death — all to save a minute and avoid sitting at the traffic light.

Some national transportation experts believe that extending yellow traffic light times might cut down on the incidence of drivers running red lights, and curb not only traffic violations but intersection auto accidents. Opponents believe that drivers would adapt to longer yellow light times, and those inclined to race through intersections to beat the red lights would do so anyway.

April 17, 2012

Why Distracted Driving in Maryland Can Be as Deadly as Drunk Driving

by Jeff Butschky

It’s become a tragic and all-too-familiar news story: A driver involved in a fatal car accident was found to be texting or talking on a cell phone right before the deadly crash occurred.

Often the driver is a teenager, an inexperienced youth operator just learning the rules of the road. However studies have shown that adults can be just as guilty of texting while driving as their teenagers. And while the problem of texting and driving may have overshadowed using cell phones while driving, the latter remains a serious traffic safety concern on par with drunk driving.

The U.S. Department of Transportation declared April as National Distracted Driving Awareness month. With good reason.

March 28, 2012

Maryland Workers’ Compensation Fund Could Be Privatized, If State Bill Passes

by Jeff Butschky

Maryland lawmakers have moved forward with legislation that seeks to privatize the state-run Workers’ Compensation fund. S.B. 745 seeks to require the Maryland Injured Workers’ Insurance Fund (IWIF) to restructure into a private workers’ compensation insurance fund, to be known as the Chesapeake Employers’ Insurance Co.

The bill was introduced to the Maryland State Senate on Feb. 3 by State Senator Thomas M. Middleton and is co-sponsored by State Senators Katherine Klausmeier and Delores G. Kelley. The bill passed with amendments in the Maryland State Senate in mid-March, and has moved to its first reading in the House (House Bill 1017).

Since 1914, the IWIF has been the Maryland workers’ compensation insurer of last resort — meaning it has written policies for employers who couldn’t otherwise find suitable insurance in the private marketplace. The Baltimore Business Journal reports that the IWIF has been Maryland’s largest workers’ comp insurer — providing insurance for some 21,000 Maryland businesses (more than 20 percent). That amounted to about $170 million in policies written in 2011.

March 5, 2012

Which Maryland Traffic Safety Laws Save the Most Lives?

by Jeff Butschky

If you grew up in my generation, going for a Sunday drive along Maryland back roads was a leisurely family pastime. We kids piled in the back of the sedan or station wagon, with dad at the wheel and mom riding shotgun. Life was a lot simpler in those days.

Looking back, it’s a wonder more of us weren’t injured or killed in Maryland car accidents. We had none of today’s driving laws or vehicle safety equipment in place. No child or infant car seats, no air bags, no anti-lock brakes, and no cell phones if you did run into trouble. The cars may have had seat belts, but we weren’t required by law to wear them. When it comes to traffic safety and preventing auto crashes in Maryland, we’ve come a long way since we were kids.

Thanks to adoption of traffic safety laws, public awareness campaigns, and vehicle improvements, national motor vehicle death rates are back down to the 1961 level. The U.S. Census reports that in 2009, a total 33,808 persons were killed in motor vehicle accidents in this country. That’s as low as it’s been since the early 1960s. Maryland had 547 traffic deaths in 2009. Still, every one of these Maryland traffic crash deaths means someone’s life was cut short. A family was left grieving.

February 15, 2012

University of Maryland Research : Pedestrians Wearing Headphones at Greater Risk for Traffic Accident Injury and Death

by Jeff Butschky

Have you noticed how the behavior of Maryland pedestrians has changed in recent years?

Used to be people walked down the street, looked around at the buildings and scenery, and thought about the day’s activities. They walked to and from work, school, and the store, pushed babies in carriages, and trotted their dogs on leashes. The main pedestrian activity in Md. was getting where you needed to go. The biggest distraction was the honking of car horns and of course navigating safely across busy Baltimore City and other Maryland streets.

Now the technological devices that bring a world of information and entertainment to our fingertips are in fact posing a risk to life and limb for not only Maryland distracted drivers — but for distracted pedestrians, too.

February 5, 2012

US Labor Dept. Sues Towson, Maryland Employer over Mishandling Workers’ Retirement Contributions

by Jeff Butschky

A Towson, Maryland rehabilitation center has been sued by the United States Department of Labor for allegedly mishandling employees’ retirement contributions. According to a news release, the U.S. Labor Dept. has filed a lawsuit against Towson Rehabilitation Center LLC and its CEO for failure to remit employees’ retirement contributions to the company’s 401K plan.

The lawsuit, which was filed in the U.S. District Court for the District of Maryland in Baltimore, seeks to restore all plan losses and “permanently bar the defendants from serving in a fiduciary capacity to any employee benefit plan…” covered by the Employee Retirement Income Security Act (ERISA).

A case such as this suggests an alleged breakdown in trust between the employer and employees–in this case, with workers’ retirement contributions at stake. Trust can also break down when someone is injured at work, and the employer may not always do what is in the best interest of the injured employee.

January 31, 2012

Maryland Hybrid Drivers : Pedestrian Accident Injury Liability Claims Up, Insurance Report Says

by Jeff Butschky

Hybrid vehicles are rising in popularity in Maryland and across the U.S., as more people seek to save money on gas with an environmentally friendlier vehicle. However according to a recent insurance industry report, hybrids vehicles aren’t always as friendly to pedestrians. Liability claims for pedestrian accidents with hybrid vehicles are on the rise because people on foot — as well as bicyclists — may simply not hear them coming.

The Insurance Institute for Highway Safety (IIHS) issued a report late last fall stating that hybrids are actually safer than their non-hybrid equivalents when it comes to protecting motorists in car accidents. However the same cannot be said when pedestrians are struck by hybrids. The IIHS reported that hybrid vehicles are 20 percent more likely to be involved in traffic accidents with pedestrians.

A Baltimore County pedestrian accident injury lawyer works with individuals in cases where a person on foot has been struck and injured or killed by a motor vehicle. We’re hearing more about pedestrian traffic accidents involving hybrid cars, whose engines are very quiet when the vehicle is in electric only mode. Unlike conventional gas burners that rumble along the Maryland roadways, hybrids running on all electric current may approach almost silently — particularly for pedestrians who are wearing iPod headsets, and/or are texting or talking on their cell phones.

January 18, 2012

U.S. Highway Safety Group Green Lights Maryland Traffic Laws, While Noting Areas that Need Improvement

by Jeff Butschky

Though Baltimore County commuters might beg to differ, Maryland has recently been ranked as one of the safer states in the country for motorists. (See related Maryland Injury Attorney articles below.) Now a new study released by a national highway traffic safety advocacy group ranks Maryland among states given a “green light” for basic traffic laws on the books.

However many aspects of Maryland traffic laws and regulations could use improvement, as the study authors — and experienced Baltimore County car accident injury lawyers — would agree. Let’s take a brief look at the study findings and recommendations.

Maryland’s basic traffic laws were given “green light” passing grades by the Advocates for Highway and Auto Safety. The group is comprised of consumer, insurance, health, safety, and law enforcement representatives and conducts a national survey of traffic laws by state every year. Its report titled 2012 Roadmap to State Highway Safety Laws looks at 15 basic traffic laws covering a range of safety areas, including use of motorcycle helmets and seat belts, texting while driving, Graduated Driver Licensing (GDL) programs, child safety seats, and ignition interlock devices for convicted drunk drivers.

January 10, 2012

Maryland Work Injury and Death Statistics Shed Light on Most Hazardous Occupations

by Jeff Butschky

Which are the most dangerous occupations in Maryland? What types of fatal work-related accidents occur most frequently? As we look ahead to 2012, it’s worth looking to the recent past to consider Maryland workplace safety, accidents that happen on the job, and trends.

The answers may be found in the most recent Maryland Occupational Safety and Health (MOSH) survey results, which are available to the public (see link below). Some highlights from the 2008 Maryland Census of Fatal Occupational Injuries…

> Nonfatal work related injuries and illnesses in Maryland declined in 2008, numbering at 75,000. Maryland is statistically one of the safer states in which to work in the U.S., with a “TRC” (total recordable case) incidence rate that’s 12 percent below the national average. (Md.’s TRC rate was, for 2008, 3.7 injuries and illnesses per 100 equivalent full-time workers.)