The Federal Motor Carrier Safety Administration has published regulations that will restrict tractor trailers (trucking companies and drivers) as follows:

1. The Federal Motor Carrier Administration (FMCSA) has published a regulation that bans the use of cell phones while driving.  Please see the following link: www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/final/Mobile_phone_NFRM.pdf 
2. The FMCSA has published regulations regarding hours of service (HOS) to limit the operation of tractor trailers, insuring drivers will have the proper rest.  Please see the following link: www.fmcsa.dot.gov/rules-regulations/topics/hos-final/hos-final-rule.aspx
3. The FMCSA has amended its regulations to continue the requirement that drivers and motor carriers retain copies of the medical examiner’s certificate regarding their commercial driver’s license (CDL) in order to insure medical qualification. Please see the following link: www.federalregister.gov/articles/2011/11/15/2011-29481/medical-certification-requirements-as-part-of-the-commercial-drivers-license-cdl-extension-of

The above three rules help limit and govern trucking companies and drivers regarding three of the main causes of accidents and injuries to victims in their automobiles caused by the negligent operation of tractor trailers.  These three causes consist of driver distraction and the banning of cell phones will greatly help this; secondly, driver fatigue and the rules on hours of service will greatly help this; and lastly, drivers with medical problems that should not be operating a commercial vehicle and the mandatory retention of a medical certificate will insure the medical qualification of the driver of the tractor trailer.

Anyone injured as a result of the negligent operation of a tractor trailer should review whether any of these rules have been violated as it would greatly help the injured victim prove his or her case and recover damages. 

Anyone injured as a result of the negligent operation of a tractor trailer should contact an experienced law firm that has experience in handling tractor trailer accidents.  Karns Law Group has experience and a long history of handling tractor trailer cases and has offices in Cranston, East Providence and Middletown, Rhode Island.  Karns Law Group handles tractor trailer accidents that result in injuries to victims caused by the negligent operation of tractor trailers throughout Rhode Island and Massachusetts. 

Robert T. Karns
Attorney at Law 
Member RI & MA Bars

Karns Law Group

Victims suffering continuing symptoms regarding a mild traumatic brain injury should seek treatment and continue their treatment in order to help improve the debilitating symptoms. 

Symptoms can include fatigue, confusion, concentration problems, memory problems, irritability and many related problems. 

The victim or the victim’s family should make certain they consult with a neurologist, neuropsychologist and ultimately undergo cognitive therapy to help with these symptoms.  Many hospitals and rehabilitation centers have the proper care regarding cognitive therapy including speech therapy and occupational therapy.  The neurologist or neuropsychologist can help guide the victim or the victim’s family on behalf of the victim to the proper cognitive therapy and rehabilitation. 

In addition, there are medications that can help with cognitive rehabilitation that can be discussed with the neurologist. 

Lastly, the victim should make certain that he or she joins the Brain Injury Association of the state he or she resides in and attends support group meetings.  In Rhode Island please note the following link for the Brain Injury Association of Rhode Island: www.biaofri.org/

It is important to recognize these continuing symptoms and to seek medical help as above described. 

It is also very important to recognize the cause of the traumatic brain injury and if compensable under the law such as a motor vehicle accident, slip and fall or any type of injury or accident resulting in the traumatic brain injury that an experienced law firm be chosen in order to appropriately and accurately represent the brain injured victim.  Karns Law Group is extremely experienced in handling traumatic brain injury cases and concentrates in handling traumatic brain injury cases.  Karns Law Group has offices in Cranston, East Providence and Middletown, Rhode Island and represents victims of traumatic brain injury on legal matters and recovering damages throughout Rhode Island and Massachusetts and other parts of the United States.

Robert T. Karns
Attorney at Law 
Member RI & MA Bars

Karns Law Group

When the trailer of a large tractor trailer is not loaded properly or is misloaded, often times the load will shift causing an inability to steer that will cause a collision or worse causing a roll over that can cause the tractor trailer to either roll over on the smaller passenger or cause the smaller passenger vehicle to strike it. 

These collisions occur often times at highway speeds and are devastating to the occupants of the smaller passenger vehicle.

When dealing with this problem regarding misloading there are two types of loads. 

The first load is a sealed load whereby the tractor trailer operator brings the vehicle into a warehouse and the vehicle is loaded and sealed by the warehouseman. If the load is not balanced, steering problems or even rollovers can occur.  The operator of the tractor trailer has nothing to do with the loading of the vehicle.  This would mean that liability regarding the injuries to the victims of the smaller passenger vehicle would not only be with the trucking company but also with the facility that loaded and sealed the load in the trailer. 

The other type of load is an unsealed load whereby the tractor trailer is either loaded at the trucking company or is systematically unloaded by the operator of the truck at various stops. If the load is not balanced, this will cause the load to shift causing steering and even rollover problems with liability on the trucking company. 

The loading and safety regulations regarding tractor trailers are governed by the US Department of Transportation Federal Motor Carriers Safety Administration. www.fmcsa.dot.gov

Although it may not be apparent on its face why the collision occurred, often times a misloading of the vehicle is the cause and this can bring into the liability aspects of the case more defendants depending on who did the loading. 

Anyone injured in this type of collision with a large tractor trailer should have an experienced attorney that is used to dealing with tractor trailer collisions.

Karns Law Group with offices in Cranston, Rhode Island, East Providence, Rhode Island and Middletown, Rhode Island serving all of Rhode Island and Southeastern Massachusetts is extremely experienced in handling these types of tractor trailer collisions.

Robert T. Karns
Attorney at Law 
Member RI & MA Bars

Karns Law Group

There are many ways that overloaded tractor trailers cause collisions including:

1. When going downhill the tractor trailer travels much too fast and is difficult to control.
2. The added weight adds too much stress on the braking system causing brake failure.
3. Overweight tractor trailers need much longer stopping distance.
4. Tires burst when there is too much weight.
5. Overloaded tractor trailers can cause weight shift causing severe steering difficulties and even rollovers.

The US Department of Transportation Federal Motor Carriers Safety Administration governs what large tractor trailers can haul in terms of weight and being overloaded. www.fmcsa.dot.gov  Regulations call for periodic inspections and there are recording devices on tractor trailers that would indicate whether or not a tractor trailer is overloaded causing the severe collision. 

As indicated, severe personal injuries can be caused on the highway when one of these overloaded tractor trailers collides with a smaller passenger vehicle resulting in catastrophic or deadly injuries to the passengers in the smaller passenger vehicle.  These terrible injuries occur as a result of one or more of the above listed problems occurring as a result of the tractor trailer being overloaded. 

Anyone injured regarding a collision of this type with a tractor trailer should have an experienced tractor trailer collision attorney working for them.  Karns Law Group is extremely experienced in representing injured victims regarding these types of tractor trailer collisions and injuries.

Robert T. Karns
Attorney at Law 
Member RI & MA Bars

Karns Law Group

These underriding collisions are extremely horrific and one of the most deadly types of crashes.

There are two types of underride collisions. The first is the rear underride collision that occurs when the smaller passenger vehicle goes under the rear of the higher and larger trailer of the tractor trailer.  Just because the lower passenger vehicle rear-ends the larger tractor trailer does not mean that the lower passenger vehicle is at fault.  Frequently in rear underride collisions with a tractor trailer the lower and smaller passenger vehicle is not at fault and conversely the tractor trailer is at fault. 

First of all, liability could be placed on the tractor trailer because it is stopped somewhere it should not be.  Secondly, liability can be placed on the tractor trailer as the tractor trailer may have insufficient underride guards on the back of the trailer allowing the smaller vehicle to go under it causing serious injuries.  These guards on the back trailer of the tractor trailer are regulated by the US Department of Transportation Federal Motor Carrier Safety Administration.  www.fmcsa.dot.gov

In addition to rear underride collisions there are also side underride collisions usually caused by a lack of conspicuity meaning that the trailer of the tractor trailer, as it is across the roadway when a tractor trailer is pulling out or turning, lacks conspicuity and blends into the darkness or colors of the area without sufficient lightness of color thereby causing the lower passenger vehicle to strike the trailer and go underneath the trailer causing severe injuries.  These side underride collisions frequently happen at night regarding trailers that have insufficient markings, reflective tape or reflectors or lighting on the trailers.  Once again regulations and requirements of conspicuity markings, lights and reflectors are governed by the US Department of Transportation Federal Motor Carriers Safety Administration. www.fmcsa.dot.gov     

These underride collisions with large tractor trailers are extremely dangerous and can be very deadly.  Sometimes it is not the smaller and lower passenger vehicle that causes the collision but the tractor trailer as above explained.

Anyone injured operating a passenger vehicle in one of these type collisions should have an extremely experienced tractor trailer collision lawyer represent them.  Karns Law Group is extremely experienced in representing victims of large tractor trailer collisions.  Karns Law group has offices on Cranston, Rhode Island, East Providence, Rhode Island and Middletown, Rhode Island serving all of Rhode Island and Southeastern Massachusetts regarding tractor trailer collisions.

Robert T. Karns
Attorney at Law 
Member RI & MA Bars

Karns Law Group

The most important thing you are entitled to is medical benefits.  The Workers’ Compensation Insurance Company will have to pay for all medical treatment that is related to your injury so that you can get back on your feet and recover from your injury.  You will not be responsible to pay for any medical treatment at all and you should not be charged a co-pay.  This is true for all Doctor’s visits, physical therapy, diagnostic testing such as X-Rays and MRIs and Emergency Room visits.  Medical treatment can be very expensive so you must be sure that every provider you are seeing for your work injury is billing the workers’ compensation insurer.  Even if you are continuing to work or return to work, the insurer is still responsible for your medical bills.

If you are disabled from your job as a result of your injury, you are also entitled to a weekly check to replace your lost wages.  However this check will not replace 100% of your wages.  You are entitled to receive this check for up to 312 weeks if you are partially disabled.

Another benefit that you may be entitled to under the law that the insurance company may not tell you about is termed “Specific Compensation.”  This refers to money for scarring and loss of use.  If you sustained a scar in a work-related incident or you have a scar from a surgery done to correct a work injury you may be entitled to money for that scar.  If you have been left with a disfigurement, meaning something on your body does not look the same as before your injury, such as a bump or one calf is now smaller than the other, you are entitled to money for that disfigurement.  The amount of the compensation you are entitled to for scarring and disfigurement is totally subjective and you should have the scar or disfigurement viewed by an experienced attorney who knows how to value it correctly. 

If you have suffered an injury to your extremities (arms, hands, legs or feet) and your Doctor has assigned you a permanent impairment rating based on your injury, you are entitled to money for that.

If you suffer from a permanent partial disability you may also be entitled to vocational rehabilitation.  This means that the insurer will have to pay for a program that simply helps you with a job search or provides you with schooling and retraining if you cannot return to your previous occupation.

To see if you are receiving everything you are entitled to, call the Workers’ Compensation Attorneys at the Karns Law Group at (401) 841-5300 today.

Post by                                                                                                           

Jude E. Kerrison   
Attorney at Law
Member RI & MA Bars 

Karns Law Group 

Equally as important is making sure to express to your doctors whether or not you feel that the treatment you are receiving is actually helping. Rather than just skipping treatment because it doesn’t seem to be working, tell your doctor that you would like to try something else such as a Tens Unit, pain management, or a surgical consult. Insurance companies look over your records with a critical eye and therefore a lapse in treatment will not be looked upon favorably. Instead, discuss with your doctor other options and let your attorney know what you and the doctor have decided.

Sarah Karns Burman
Attorney at Law 
Member RI Bar

Karns Law Group

 Chiari malformations may be present at birth (congenital) and are categorized into different types.  Chiari type I malformation is the most common and mildest form that develops as the skull grows.  Symptoms may not appear until early adulthood, causing severe headache, neck pain, and debilitating deficits.  Chiari types II and III malformations affect infants; these more severe brain herniations require prompt treatment.  

In some cases, the CSF accumulates within the spinal canal where it eventually forms a syrinx or cyst.  This condition, called syringomyelia, causes neurological problems by damaging the spinal cord. 

 Chiari I common symptoms                                                                      

• Severe head and neck pain
• Headaches brought on by coughing, sneezing or straining
• Difficulty swallowing
• Frequent gagging and choking
• Dizziness and vertigo
• Balance problems                                                                   
• Muscle weakness
• Loss of fine motor skills
• Poor hand coordination
• Blurred or double vision
• Hypersensitivity to bright lights
• Nystagmus (involuntary eye movements)
• Difficulty in tracking objects
• Tinnitus (buzzing or ringing in the ear)
• Hearing loss
• Vocal cord paralysis
• Sleep apnea

 Although this condition is congenital, a number of physicians and experts in the field of Chiari I malformation clearly indicate that a person who has this malformation and no symptoms and be made symptomatic by an impact such as sustained in a motor vehicle accident or slip and fall injury.  Trauma can exacerbate the Chiari I malformation that was symptomatic prior to the trauma and made symptomatic following the trauma causing the above indicated symptoms. 

 Karns Law Group is experienced in representing trauma victims that suffer symptoms from Chiari I malformation and has offices in Cranston, Rhode Island, East Providence, Rhode Island and Middletown, Rhode Island serving all of Rhode Island and Southeastern Massachusetts.  Karns Law Group has successfully litigated Chiari I malformation cases regarding trauma.

Robert T. Karns
Attorney at Law 
Member RI & MA Bars

Karns Law Group

Concerning Worker’s Compensation benefits, if an employee collecting Worker’s Compensation benefits, because of an injury, settles his or her Worker’s Compensation case including settling the medical benefits or closing out the medical benefits with the settlement, the employee must report the settlement to CMS and put together a Medicare set-aside fund (MSA) regarding the payment of future medical benefits necessitated by the work related injury.  In Rhode Island the Worker’s Compensation Court has two ways of settling Worker’s Compensation cases.  One way would include leaving the medical benefits open for payment of future medical benefits and another way is in which the medical benefits are closed.  If the medical benefits are left open, meaning that Worker’s Compensation will continue to pay medical benefits after the case is settled, then there is no Medicare set-aside requirement. Likewise, in Massachusetts the Worker’s Compensation case can be settled with the medicals left open.  If the medicals are left open in Massachusetts, likewise there is no Medicare set-aside requirement. 

Concerning liability/negligence cases, it must be noted that after CMS is notified of the case documents will be forwarded including Conditional Payment Information that will indicate the amount that Medicare is owed for reimbursement regarding the injuries suffered in the liability/negligence case to date.  Thereafter, once the liability/negligence case is settled CMS must be forwarded a copy of the release and a Final Payment letter will be sent indicating how much Medicare is owed regarding the injuries suffered in the liability/negligence case that Medicare has paid.  In addition, in certain circumstances there are Medicare set-aside requirements in liability/negligence cases. 

Karns Law Group, with offices in Cranston, East Providence and Middletown, Rhode Island is extremely experienced in representing Worker’s Compensation clients and liability/negligence cases including motor vehicle accidents, slip and fall cases, product liability cases, medical malpractice cases and any other type of personal injury case along with interacting with Medicare to make certain that the Worker’s Compensation client or personal injury client is totally compliant with Medicare requirements and that their future Medicare is protected. 

Anyone with any issues concerning their Worker’s Compensation case and/or personal injury case regarding Medicare responsibilities should contact Karns Law Group immediately.

Robert T. Karns
Attorney at Law 
Member RI & MA Bars

Karns Law Group