Toll Free: 866-298-0768 Local: 704-296-0055 info@wkg-law.com

Robert’s Story: Does he have a legal case with a disability?

Feb 9, 2017

Boy walking to park

Robert’s Story:
Does he have a legal case with a disability?

Recently, we’ve been sharing information with you about the challenges and burdens of not only having a disability but also caring for someone with a disability. Today, we’d like to share with you the story of Robert. Although that’s not his real name, his story is real. And it should give us all pause.

Robert’s birth was a joy and a gift from God to his parents. He was a chubby, bundle of joy and his mom and dad couldn’t believe how blessed they were to have him in their lives. But as the months passed, his parents noticed some anomalies…. little things that they dismissed at first but that gradually grew to worry them. Robert was eventually diagnosed with autism or more precisely Autism Spectrum Disorder.

Autism Spectrum Disorder occurs more frequently in boys than girls. It impacts the nervous system and the range and severity of symptoms can vary widely. But the common symptoms are difficulty with communication, difficulty with social interactions, obsessive interests and repetitive behaviors.

Fast forward a couple of decades. Robert is now 24 years old. He lives at home with his parents and siblings. He doesn’t have the capacity to live independently and requires at least partial physical assistance, sometimes full assistance. Robert is also relatively uncommunicative. He does have a communication device to help him but for the most part he is unable to use words to express himself.

Over time, Robert developed a love for walking. His favorite route was to a nearby Walmart. He also attended a day program that offered various therapies designed to help him with everyday life. But about a year ago, Robert was struck by a car. He suffered no broken bones but the event itself was traumatic. Now Robert rarely leaves home during the day – sometimes refusing to even leave his room. He is easily frustrated and sometimes aggressive. When upset, Robert might bite his arm – a behavior that at one point left his arm with an infection that took a year to heal.

Doctors who have examined Robert feel the traumas have increased his anxiety level. While Robert has a good relationship with his family, he can be volatile – again, attributed to the trauma.

As a law firm, we are doing our best to help Robert and be of assistance to his family. Robert cannot help himself much and cannot communicate much detail about how he came to be struck by a car. That is one of the challenges in representing the handicapped and disabled and it is a challenge that we, The Law Offices of William K. Goldfarb, embrace. It has been a passion of Mr. Goldfarb’s for decades and led him into the practice of law.

If you have a loved one who is disabled physically or mentally, and if you suspect neglect or abuse, please consider us a resource. If you need help or just have a question, please reach out to us. You can call us at 704-296-0055 or simply submit your question through the “Contact Us” page on this website.

Location

The Law Offices of William K. Goldfarb

301 South Charlotte Avenue
Monroe, NC 28112

Local: 704-296-0055
Toll-Free: 1-866-298-0768
info@wkg-law.com

William K. Goldfarb North Carolina Advocates for Justice President's Club
William K. Goldfarb American Association for Justice
William K. Goldfarb, Melvin M Belli Society
William K Goldfarb AV Preeminent by Martindale-Hubbell
Who's Who Top Attorney North America

Disabled Victims Indicators

Jan 25, 2017

A Warning Sign Check List That Your Disabled Loved One May Be Victimized

If you have a loved one – family, friend or neighbor – being cared for by a third party, here are some indicators that may tell you that something is occurring that shouldn’t.

Physical Abuse

  • Fear of caregivers
  • Unexplained injuries
  • Delay in seeking treatment
  • Over-sedation
  • Unusual pattern of bruises
  • History of changing doctors
  • Scalp Injuries

Emotional Abuse

  • Low self-esteem
  • Appears nervous around caregiver
  • Confused
  • Suicidal
  • Avoids eye contact with caregiver
  • Fear of abandonment
  • Lethargic or withdrawn

Sexual Abuse

  • Unusual fear of person
  • Stained, torn or bloody clothing
  • Pain and bruising
  • Change in sexual behavior
  • Pregnancy
  • Sexually transmitted diseases
A Warning Sign Check List That Your Disabled Loved One May Be Victimized

Financial Abuse

  • Unexplained missing items
  • Failure to pay bills
  • Inaccurate knowledge of finances
  • Suddenly changing a will
  • Going without affordable necessities
  • Unusual withdrawals from bank account

Neglect

  • Malnourishment
  • Wandering without supervision
  • Lack of heat/electricity
  • Unkempt appearance
  • Missing dentures, glasses, hearing aids
  • Skin conditions or pressure sores
  • Untreated medical problems
  • Alcohol or medication abuse

Most victims of abuse or neglect feel depressed and anxious. While you shouldn’t jump to conclusions, you should take these indicators seriously. If you feel your loved one may be a victim, please feel free to contact us and we’ll help you sort it out. You can call us at 704-296-0055 or contact us through this website on the “Contact Us” page. We’ll do our best to give you good, responsible guidance and advice.

Location

The Law Offices of William K. Goldfarb

301 South Charlotte Avenue
Monroe, NC 28112

Local: 704-296-0055
Toll-Free: 1-866-298-0768
info@wkg-law.com

William K. Goldfarb North Carolina Advocates for Justice President's Club
William K. Goldfarb American Association for Justice
William K. Goldfarb, Melvin M Belli Society
William K Goldfarb AV Preeminent by Martindale-Hubbell
Who's Who Top Attorney North America

Disabled Victims

Jan 20, 2017

disabled person confined to a wheelchair

Disabled Victims

The next time you are in a restaurant or a shopping mall, and you see a seriously disabled person confined to a wheelchair, take a moment to ponder: what if that person were a victim of a crime? Could he or she tell someone? Would he be taken seriously? Could she handle the rigors of a court case?

Numerous studies over the past two decades show that the underreporting of crimes against people with disabilities is a major problem. These victims of wrongdoing are very unlikely to reap the full benefits of the court system. They are penalized, in a way, by:

  • Inadequately trained service providers
  • Lack of best practices for serving those with unique needs
  • Lack of knowledge by the victims that their treatment is actually wrong
  • Attitudinal prejudices against those with disabilities
  • Stigmatization of the disabled

There is limited information regarding the disabled as victims. But what information there is can be horrifying:

  • Adults with a developmental disability have a 4-10 times higher risk of becoming a victim.
  • Children with any type of disability are more than twice as likely to be physically and/or sexually abused.
  • Crimes against people with disabilities are often extremely violent and calculated to injure, control and humiliate the victim.

Many people with disabling conditions, whether physical or mental, are vulnerable because of their real or perceived inability to fight back or to flee, much less notify others or testify about the victimization. In fact, many offenders are motivated by a desire to select their prey for vulnerabilities. And that applies to abuse by the very professionals and other caregivers who provide services for the disabled.

If you are responsible for someone with a disability who has been injured or abused, how do you afford them full access and rights of the law? If you suspect your loved one is being victimized, what do you do? That’s where we can help. Feel free to contact us if you need help or just have a question. You can call us at 704-296-0055 or contact us through this website on the “Contact Us” page.

Coming up soon on this blog: a warning sign check list that your disabled love one may be victimized.

Location

The Law Offices of William K. Goldfarb

301 South Charlotte Avenue
Monroe, NC 28112

Local: 704-296-0055
Toll-Free: 1-866-298-0768
info@wkg-law.com

William K. Goldfarb North Carolina Advocates for Justice President's Club
William K. Goldfarb American Association for Justice
William K. Goldfarb, Melvin M Belli Society
William K Goldfarb AV Preeminent by Martindale-Hubbell
Who's Who Top Attorney North America

Types of Injuries Covered Under NC Workers’ Compensation

Oct 20, 2016

WKG Workers Compensation

Types of Injuries Covered Under NC Workers’ Compensation

In North Carolina, the law requires employers who regularly employ three or more employees in the same business to carry something called “workers’ compensation insurance.” This type of insurance policy was designed to pay employees who are injured while on the job due to some type of accident. The workers’ compensation system was created to be a “No Fault System,” meaning that benefits should be paid to an injured employee regardless of whether they were at fault or whether the employer was at fault. The system was designed to make it easier for injured workers to get the benefits they need without having to sue the employers and prove that the employer was negligent or at fault. Provided below are common workplace injuries that our office sees:

Back Injuries

The law generally requires that some accident occur at work in order for an injured worker to receive benefits. This means that something unusual or unexpected occurred causing the injury. However, the law has carved out an exception for back injuries. A back injury may be compensable in two ways, 1) the injury occurred because of an accident at work, or 2) if the back injury can be pinpointed to a specific event and point in time – as opposed to a gradual onset of pain over a period of time.

This means that if you have a job that requires you to bend over occasionally, and on one occasion you bend over and strain your back – then you may be entitled to workers’ compensation benefits. Instead of having to prove that you injured your back due to some unexpected accident, all you have to show is a specific traumatic event where your back was injured. If you bend over or pick something up while working, you could be eligible for benefits. It could be injuries such as:

  • Soft tissue injuries
  • Injuries to a disc or vertebrae
  • Muscle sprains
  • Muscle strains
  • Nerve injuries

Slips, Trips and Falls

NC may also allow benefits to be paid to an injured worker who slipped, tripped or fell while working. We often see these types of injuries in construction work. Injured workers often fall off ladders, or trip over equipment and get injured. Sometimes an injured worker can be eligible for benefits even if their fall cannot be explained.   It is very common for an injured worker to sustain additional injury when trying to brace themselves for a fall or when trying to grab on to something to prevent a fall. Those additional injuries too may be compensable. We see many slip, trip and fall injuries such as:

  • Brain injuries
  • Trauma to the head
  • Broken wrists from trying to brace themselves for the fall
  • Torn rotator cuffs
  • Broken arms from trying to brace themselves for the fall
  • Spinal injuries
  • Broken legs
  • Neck injuries
  • Soft tissue injuries
  • Broken hips

Repetitive Motion Injuries

Many jobs require employees to do work that involves repetitive motion, such as; typing on computers or working on an assembly line. Employees who have to make the same motions at work, over and over again, can experience injury to their muscles as a result of the repetitive motion. Workers who are injured by these repetitive motions may be eligible for workers’ compensation benefits. The most common injuries we see are:

  • Tendonitis
  • Bursitis
  • Carpal Tunnel Syndrome

Fights and Assaults

If an employee is assaulted over a dispute concerning work, then the injured employee may be entitled to benefits. However, the fight must have some relationship to the work, and not simply be a result of hatred or personal animosity.

Occupational Diseases

Workers’ compensation benefits may be available to workers who developed some disease caused by (or significantly contributed to by) causes and conditions that are peculiar to that type of employment. It must be shown that the employee was at a greater risk of developing the disease in the workplace than members of the general public, and not that the work merely aggravated a preexisting disease. We commonly see occupational disease cases where the type of employment is industrial in nature. Common occupational diseases and causes include:

  • Diseases resulting from exposure to chemicals
  • Bilateral hearing loss caused by extremely loud workplace environments
  • Asbestos related cancer
  • Mesothelioma
  • Lead poisoning
  • Brass, Zinc, Mercury, or Magnesium poisoning
  • Radioactive poisoning
  • Other types of poisoning
  • Compressed-air illness
  • Blisters due to using tools or appliances at work
  • Inflammation of joints caused by work place trauma

Heart Attacks

Most people don’t realize that heart attacks that occur at work may also be compensable if it was the result of some unusual or extraordinary exertion created by the work.

Heat Stroke

If an injured worker’s type of employment exposed them to a greater risk of hazardous weather than members of the general public, then they may be eligible for benefits for injuries resulting from such weather conditions. For example: An employee who works on roofs for a living, who is subjected to the hot sun while working on black shingle all day and every day is likely considered to be exposed to a greater risk of heat stroke than members of the general public. If they have a heat stroke while working in the heat, and fall off the roof, they will likely be eligible for workers’ compensation benefits.

Contact us today if you have been seriously injured on the job. 704-296-0055

Location

The Law Offices of William K. Goldfarb

301 South Charlotte Avenue
Monroe, NC 28112

Local: 704-296-0055
Toll-Free: 1-866-298-0768
info@wkg-law.com

William K. Goldfarb North Carolina Advocates for Justice President's Club
William K. Goldfarb American Association for Justice
William K. Goldfarb, Melvin M Belli Society
William K Goldfarb AV Preeminent by Martindale-Hubbell
Who's Who Top Attorney North America

Elder Abuse at Nursing Homes, Assisted Living and Other Facilities

Sep 27, 2016

Nursing Home Negligence

Elder Abuse

Each year, hundreds of thousands of adults over the age of 60 are abused, neglected or exploited. That’s one out of every ten, according to the Center for Disease Control. But only 1 in 14 cases of elder abuse is ever reported to authorities. In the majority of those cases, the abuser is a family member. But there are many cases also reported from nursing homes, assisted living and other facilities.

So how can you tell if your family member may be the victim of abuse?

  • Physical abuse, neglect, or mistreatment: Bruises, pressure marks, broken bones, abrasions, burns
  • Emotional abuse: Unexplained withdrawal from normal activities, a sudden change in alertness, or unusual depression; strained or tense relationships; frequent arguments between the caregiver and older adult
  • Financial abuse: Sudden changes in financial situations
  • Neglect: Bedsores, unattended medical needs, poor hygiene, unusual weight loss
  • Verbal or emotional abuse: Belittling, threats, or other uses of power and control by individuals

Senior citizens who have been abused have a 300% higher risk of death. And elder financial abuse costs older Americans nearly $3 billion per year.

The National Council on Elder Abuse has found a number of disturbing statistics through its research regarding abuse and care facilities like nursing homes:

  • Complaints coming from care facilities usually involve abuse, gross neglect or exploitation
  • State regulatory surveys understand problem in licensed facilities
  • 70% of state surveys miss at least one deficiency
  • 15% of state surveys miss actual harm and immediate jeopardy of a resident
  • Women are more likely than men to be victims

And, as you may suspect, the elderly are the least likely to report the crime. That makes them even easier targets.

North Carolina has over 400 nursing homes with over 30,000 residents. But only about 18% of those have an overall 5-star rating. South Carolina has 188 nursing homes; about 22% have a 5-star rating. (These statistics are provided by Medicare.) You can find inspection results, ratings and penalties on line at the state’s Department of Health and Human Services.

So if you have a loved one in a care facility, be on guard. And if you need help or guidance with a suspect issue, feel free to contact us via this website or by phone at 704-296-0055. It costs you nothing and may give you some peace of mind.

Location

The Law Offices of William K. Goldfarb

301 South Charlotte Avenue
Monroe, NC 28112

Local: 704-296-0055
Toll-Free: 1-866-298-0768
info@wkg-law.com

William K. Goldfarb North Carolina Advocates for Justice President's Club
William K. Goldfarb American Association for Justice
William K. Goldfarb, Melvin M Belli Society
William K Goldfarb AV Preeminent by Martindale-Hubbell
Who's Who Top Attorney North America

Elderly patients arrive sick, sometimes leave disabled

Sep 20, 2016

WKG post Elderly Hospital Care

Elderly patients arrive sick, sometimes leave disabled*

By all accounts, Janet Prochazka was an amazing older woman. At age 75, she lived alone, worked as a tutor, was active and outspoken. But in March of this year, Janet fell and ended up hospitalized. Her stay there turned out to be life-changing – and not for the better.

Janet didn’t sleep or eat well in the San Francisco hospital. She became confused, agitated, contracted a serious infection and, after three weeks in the hospital, she was discharged but was far weaker than before, shaky and unable to think clearly.

Many elderly patients deteriorate mentally or physically when hospitalized. According to research published by the Journal of American Medical Association (JAMA):

  • 1/3 of patients aged 75 and older leave the hospital more disabled
  • ½ of patients aged 85 and older leave the hospital more disabled

As a result, seniors who had been independent suddenly find themselves needing assistance with the basics like bathing, dressing, walking and feeding themselves.

Interrupted sleep (common in hospitals), unappetizing food (also common in hospitals) and days in bed can cause lasting damage to your older loved ones. Now some hospitals are treating them in separate medical units.

San Francisco General Hospital has an Acute Care of Elders (ACE) ward. It has special accommodations and care providers just for the unique needs of the older patient. Their focus is on getting the patients back home and as independent as possible.

The staff let the patients practice doing things for themselves as much as possible during their hospitalization. They encourage patients to get out of bed, move around, and eat in a communal dining room. They also continually test the patients’ memory. But there are only about 200 such units around the country and space in them is limited. So not all seniors can be admitted.

How hospitals handle the elderly is a pressing problem. Nearly 13 million seniors are admitted to the hospital every year and they stay longer than younger patients. A 2010 report by the Department of Health and Human Services found that more than a fourth of hospitalized Medicare patients suffered harm as a result of medical care. And a medical researcher at the University of California notes that hospitals face few consequences if elderly patients become more impaired during their stays. So, he says, most hospitals track those patients, adding “If you don’t measure it, you can’t fix it.”

As for Janet Prochazka, she is considering moving from California to Maine so her relatives can help with her support. “I have been somebody who has always been both mentally and physically active,” she said. “Before I fell…I was respected for what I have and what I did and all of a sudden, I’m not.”

If you or a loved one have questions about the medical care you’ve received, feel free to call our office to discuss.

 

*A version of this story was published by Kaiser Health News, a nonprofit health news service unaffiliated with Kaiser Permanente.

Location

The Law Offices of William K. Goldfarb

301 South Charlotte Avenue
Monroe, NC 28112

Local: 704-296-0055
Toll-Free: 1-866-298-0768
info@wkg-law.com

William K. Goldfarb North Carolina Advocates for Justice President's Club
William K. Goldfarb American Association for Justice
William K. Goldfarb, Melvin M Belli Society
William K Goldfarb AV Preeminent by Martindale-Hubbell
Who's Who Top Attorney North America

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