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Recent Blog Posts
Colorado Makes Significant Changes to the Workers’ Compensation Act
When a worker is injured in the course of their job or develops a medical condition or illness that is work-related, Colorado law says they are entitled to receive workers’ compensation benefits through their employer. Depending on the severity of the injuries, workers’ comp can provide a variety of different benefits. Recent changes to the Colorado Workers’ Compensation Act will affect how those benefits are administered in the coming months and years.
Workers’ Compensation Benefits in Colorado
Under the Colorado Workers' Compensation Act, if an employer has three or more employees, they are required to carry workers’ compensation insurance. When an employee is injured on the job, they must report the injury to their employer in writing within four days of the injury in order to qualify for those benefits.
11-Year-Old Boy Killed on Water Ride at Amusement Park
A tragic accident in Iowa has made national news and serves as an important reminder of how vulnerable children are to accidental injury and death at amusement parks, playgrounds, and other recreational locations.
The accident occurred over the Fourth of July holiday weekend at the Raging River ride at Adventureland Park in Altoona, Iowa. The water ride pushes rafts through “faux river rapids” using a conveyor belt. The 11-year-old victim and five other people were on the ride when the raft they were in flipped over. One other child was listed in critical condition and two others suffered minor injuries.
History of Accidents
The ride had just opened for the first time for the summer season the day before the fatal accident following an inspection and approval by the Iowa Division of Labor. The ride has been a popular attraction at the park for almost 40 years; however, this is the second fatal accident in just five years. In 2016, a 68-year-old employee was killed when he fell because the ride suddenly started moving as he was helping riders on and off the rafts. The family of the employee who was killed on the ride later settled a wrongful death lawsuit with the park.
The NTSB’s 2021-2022 Most Wanted List – Part II
In last week’s blog post, we began discussing the recommendations made by the National Transportation Safety Board (NTSB) in its 2021-2022 Most Wanted List (MWL). The annual list focuses on safety issues and what steps should be taken in all areas of national transportation. Our prior post discussed the agency’s recommendations for drunk and drugged driving crashes and protecting vulnerable road users. In this week’s post, we will continue our discussion with the agency’s recommendations for distracted driving accidents, speed-related accidents, and crash-avoidance technology.
Eliminate Distracted Driving
Each year, there are about 400,000 victims injured in vehicle accidents caused by distracted drivers, and distracted drivers kill more than 3,000 victims. Smartphones and tablets are one of the main causes of distracted driving incidents. It is no wonder these numbers are so high, given that there are almost 300 million smartphone users in the United States.
The NTSB’s 2021-2022 Most Wanted List – Part I
The National Transportation Safety Board (NTSB) is the independent federal agency that is responsible for civil transportation accident investigations. According to its website, the agency’s mission is to “. . . save lives, prevent injuries and reduce economic costs due to road traffic crashes, through education, research, safety standards and enforcement activity. Each spring, the NTSB releases its Most Wanted List (MWL) that focuses on transportation safety improvements needed to prevent accidents, reduce injuries, and save lives. The list addresses transportation safety improvements in aviation, highway, rail, marine, pipeline, and hazardous materials.
In its 2021-2022 Most Wanted List, the agency cites more than 100 safety recommendations for the 10 items on the list. Five of those items concern improvements needed for highway safety, addressing crashes involving speed, distracted driving, driving under the influence, vulnerable road users, and collision-avoidance technologies.
Drugged Driving Just as Dangerous as Drunk Driving
The majority of drivers are aware of the dangers of drunk driving and how prevalent it is in causing vehicle accidents, however, the number of drugged driving accidents is quickly catching up. While many people think only illicit drugs are behind drugged driving accidents, statistics reveal that there is also a large problem with prescription drugs. A drugged driver is just as liable in a crash as a drunk driver is and Colorado law allows victims to pursue damages against those drivers.
How Often Are Drivers Operating Under the Influence of Drugs?
According to the 2018 National Survey on Drug Use and Health (NSDUH), almost 13 million drivers aged 16 years or older admitted to driving under the influence of illicit drugs. Males are more often under the influence of drugs while driving than females, and one-third of teens think they drive better when they are under the influence of marijuana.
Can I File a Personal Injury Lawsuit If I’m Injured in a Colorado Boating Accident?
Fort Collins and the surrounding areas have some gorgeous areas for those who enjoy boating. Whether you are looking to go fishing, water skiing, kayaking, or just enjoy a leisurely cruise, boats are welcome at Horsetooth Reservoir, Boyd Lake State Park, Carter Lake, and Lonetree Reservoir. Unfortunately, boating activities also bring the risk of boating accidents. Last year, the state of Colorado reported 34 recreational water-related deaths. The state is already reporting four deaths so far this year, with two in Larimer County, with the warm weather season just beginning.
Boating Accident Statistics
According to data collected by the U.S. Coast Guard, there are approximately 4,000 boating accidents that occur nationwide each year, resulting in more than 600 deaths and leaving thousands more injured. Around 80 percent of those fatalities are caused by drowning, and the Coast Guard reports that more than 85 percent of those victims do not have life jackets on at the time of the accident.
Teens and Seat Belt Use
Memorial Day is traditionally known as the official summer kickoff. It is also in the middle of the annual Click It or Ticket campaign sponsored by the National Highway Traffic Safety Administration (NHTSA). It has been well documented for decades that seat belts save lives in the event of a vehicle accident. While at one time, wearing a seat belt was up to the individual, today, every state has some form of seat belt law in place.
In Colorado, all front-seat occupants must wear a seat belt. Passengers 15 years or younger must be secured with an appropriate safety restraint system no matter where they are sitting in the vehicle. Yet, despite the overwhelming evidence they save lives and the fact that it is the law, there are still many people who refuse to buckle up.
Seat Belt Usage
According to national statistics, at least 27 million people admit to not wearing a seat belt. In 2019, almost 18,000 fatal car crash victims were not wearing seat belts at the time of the crash. It is estimated that over 15,000 lives are saved because of the use of seat belts.
May: Motorcycle Safety Awareness Month and Aftermath Campaign in Colorado
Each year, the month of May is designated as Motorcycle Safety Awareness Month in Colorado and throughout the country. Traditionally, May has been the month chosen for this safety campaign since May is the beginning of warm weather and riding season in many states. In keeping with this theme, the Colorado Department of Transportation (CDOT) has also chosen May to launch its new Aftermath campaign to help spread how important it is for motorcycle riders to wear helmets. Wearing a helmet can save a rider’s life in the event of a motorcycle crash.
Deadliest Year
According to statistics from the CDOT, 2020 was the deadliest year on record for motorcyclists. There were 137 riders killed in motorcycle accidents last year, a 33 percent increase over the previous year’s fatalities. The ratio of the number of motorcycles in the state and the number of fatalities demonstrates just how dangerous riding can be. While motorcycles made up only 3 percent of the total number of registered vehicles in Colorado, motorcycle crashes made up 22 percent of all traffic deaths last year.
Construction Site Accidents: The Dangers of Working Around Trenches
The construction industry has been labeled one of the most dangerous industries to work in by the Occupational Safety and Health Administration (OSHA). In fact, according to national statistics, at least two construction workers die from work-related injuries each day. While there are many different types of construction site accidents, one of the most dangerous is trench collapses.
Trench Collapses
Trenches are dug for a number of reasons on construction sites. Trenches are also used in the agricultural industry, as well as for installing utilities and pipelines. Employees who are working around and in trenches are at a high risk of becoming injured or killed in trench collapses, side-wall collapses, and cave-ins. The Bureau of Labor Statistics reports that approximately 25 workers are killed each year in trench accidents. The most frequent cause is cave-ins, which kill three out of every four victims. The other fatalities are caused by electrocutions and struck-by accidents.
New Study: Brain Injuries Raise Victim’s Risk of Stroke
It has been well documented that even a minor brain injury can result in major issues, leaving a victim dealing with confusion, headaches, coordination issues, and even seizures. Multiple studies reveal that years after the injury has healed, a victim could have new medical problems that are triggered by that brain injury. In one new study, researchers in the U.K. have determined that victims who sustain a traumatic brain injury have a significantly increased risk for stroke years after the initial injury.
The Study
The study was done by researchers from the University of Birmingham's Institute of Applied Research, using data collected from 18 different studies conducted in four countries. The compiled data revealed that people who had sustained brain injuries had an 86 percent higher risk of suffering a stroke than people without brain injuries. That risk is highest during the first four months following the injury, but a victim still has a significant risk of stroke for up to five years later. Even more alarming, the studies show that the severity of the brain injury made no difference in a victim’s stroke risk. Since more than 70 percent of brain injuries are considered “mild,” the study team suggests that any brain injury should be deemed a “chronic condition” even if the victim has recovered.