07.26.11
Posted in Personal Injury, Uncategorized at 9:20 am by admin
Published in NewWest.Net (By Kate Schwab)
The Rocky Mountain states remain among the most dangerous in the nation for workers, according to the AFL-CIO, which tracks job-related deaths.
Montana’s taken the top slot for workplace fatalities in 2010, averaging 10.8 deaths per 100,000 workers. Next up and tied for second are Louisiana and North Dakota at 7.2, followed by Wyoming in fourth at 6.8.
Workplace injuries cost Montana businesses roughly $145 million annually, according to SafeMT, a workplace safety site operated by the Montana State Fund. As the state’s official workers compensation insurance option, SafeMT offers industry-specific hazard data and tips to help companies come up with a plan for their own in-house safety programs.
A calculator on the SafeMT website estimates the state has actually lost $373 million because of on-the-job injuries in the past two and a half years.
What’s not so clear is the cause. Montana is home to a significant number of traditionally risky industries, including logging, mining and agriculture. Nationally, agriculture is considered the most dangerous industry; hazards include uncooperative livestock, all-terrain vehicles, heavy equipment and chemical exposure combined with working in remote and rugged areas. But the state says the data show a problem with worker safety across the board.
Young workers ages 16 to 24 tend to be the ones to get hurt. They’re key players in the retail, food service, construction and ranching industries. Nearly 1,000 Montana workers under 25 are injured on the job every year. And most of them are injured within a month of starting a new job. Inexperience, lack of familiarity with the equipment, inadequate supervision, drowsiness from balancing employment and educational obligations and personal pride are all culprits.
State law requires businesses to provide a new-hire orientation program that covers safety considerations before employees begin work. Companies are supposed to provide refresher courses on a routine basis, as well as assess potential hazards and review safety procedures at least once a year. And employers with more than five employees must not only investigate accidents, but also establish a safety committee that convenes a minimum of three times a year.
Lack of accountability may be one factor affecting not only the region, but also the nation. Since 1970, the federal Occupational Safety and Health Administration has been responsible for establishing and enforcing job site safety and health standards for American workers. (A separate agency, MSHA, governs mining.) Calling the present level of OSHA oversight “woefully inadequate,” the AFL-CIO report noted that only 2,218 OSHA inspectors, including both federal and state employees, are available to keep watch on 8 million businesses nationwide. That equates to one inspector for every 57,984 workers. Most businesses cannot be inspected routinely with that level of manpower; the report claims federal inspectors get around to the average business once every 129 years, and state inspectors average about half that time.
Nationwide, flagrant safety violations by companies themselves rose by 15.3 percent in the past five years, but “serious violations” are tracking at a higher rate—22.1 percent—and incidents chalked up as “willful violations” have skyrocketed to 217.1 percent. Citations are most commonly given for issues related to scaffolding, ladders, machine guards, falls, electrical wiring, tagout procedures, trucks, hazard communication and respiratory safety.
OSHA employees investigated 804 deaths and performed 40,993 inspections last year, according to the agency’s annual report.
If you or a loved one is involved in a workplace injury in Montana, including a mine or oilfield, contact Heenan Law Firm to receive a free copy of John Heenan’s new book “Your Rights: The Ultimate Guide to Injury Victim’s Rights in Montana” www.heenanlawfirm.com
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07.21.11
Posted in Debt Collector Abuse, Montana Consumer Law at 1:50 pm by admin
Your credit score determines the interest rate you pay for a credit card, car loan, private student loan or a home mortgage. A low score could prevent you from getting a loan at all. But for years, this important number has been a mystery to most consumers.
Starting Thursday, that changes.
Consumer Law Change
A provision of the Dodd-Frank financial reform law that takes effect today requires lenders to provide consumers with a free credit score whenever:
•They reject an application for a loan. In that case, lenders will be required to provide consumers with an “adverse action” notice that includes their credit score and explains why they were turned down.
•They approve a loan but at a higher rate than the rate provided to their best customers. As in the first instance, lenders will be required to provide borrowers with a credit score and explain why they’re charging a higher rate.
Lenders must provide the score they used to make a decision about your loan. They’ll also be required to explain the factors that adversely affected your score and the range of possible scores so you’ll know where you stand. Consumers submit about 1 billion credit applications every year and of those, about half will fall under one of those two categories.
Many borrowers who receive the notices will be surprised to learn that they didn’t qualify for a lender’s best rate. That could encourage more consumers to shop around and take steps to improve their scores. The requirement won’t create a burden for lenders because they’ve already bought the scores from FICO or other credit score providers. The requirement won’t help consumers who want to view their scores before they apply for a loan. A federal law enacted in 2003 requires the three main credit bureaus to provide consumers with a free annual copy of their credit reports, but they’re not required to include a score.
If your credit score is negatively impacted by false/erroneous information, go to www.montanaconsumer.com to learn how to dispute the false information and get it taken off your report, as well as your rights under the Fair Credit Reporting Act.
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07.12.11
Posted in Personal Injury at 8:20 pm by admin
VIDEO: John Heenan discusses how landowners should document oil spill damages
The recent Yellowstone River oil spill can harm the environment, economy and communities where the spill occurred. The most common problems landowners face are health problems and damages to their land.
Crude oil is toxic to humans. Recent news reports have shared stories of Laurel residents near the Yellowstone River who had to leave their homes because they were sickened by the fumes. The Associated Press reports that some Montana residents have reported symptoms ranging from shortness of breath to fainting spells linked to exposure to petroleum-based chemicals.
Other long-term dangers from exposure to petroleum can include
- Peripheral neuropathy:damage to the nerves of the peripheral nervous system causing numbness, tingling, and loss of coordination.
- If pregnant women exposed to petroleum-based compounds, the developing fetus is at risk of physical deformities, slowed growth, and developmental delays.
- Cancer: the International Agency for Research on Cancer lists the petroleum compound benzene as a human carcinogen.
- Circulatory and respiratory damage.
Beyond the impact to human health, an oil spill damages property and, potentially, property values. In Montana, landowners are entitled to the costs of cleaning up their property. As anyone living near an environmental disaster can tell you, odors and pollution damage property values as well as property. You do not have to simply accept what Exxon is willing to pay you. At Heenan Law Firm, we are personally reviewing the claims of Montana property owners affected by the Yellowstone River oil spill.
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07.05.11
Posted in Personal Injury, Uncategorized at 3:07 pm by admin
***UPDATE: John Heenan appeared on KTVQ NEWS LAST NIGHT TO DISCUSS LEGAL ISSUES AFFECTING PROPERTY OWNERS AS A RESULT OF THE OIL SPILL. WATCH JOHN’S COMMENTS HERE: John Heenan Discusses Yellowstone River Oil Spill on 10 O\’Clock News
An ExxonMobil oil pipeline just east of the Laurel Bridge ruptured around 11:30 p.m. Friday, dumping oil into the Yellowstone River. Current estimates are over 100,000 gallons of oil was spilled into the Yellowstone River, affecting private property downstream for potentially hundreds of miles.
In a press conference Saturday morning, Yellowstone County and ExxonMobil officials said they don’t know yet what caused the break in the 12-inch pipeline or how much oil escaped into the river. The pipeline runs below the Yellowstone riverbed. Emergency crews shut the pipeline down just before midnight, said Duane Winslow, Yellowstone County director of disaster and emergency services. “We regret the release,” said Pam Malek, a spokeswoman for ExxonMobil.
The long-term affects to property owners downstream of the spill are as yet unknown, and may not be known for some time. If your land has been affected, you should document the pollution by taking photos and videos.
Under Montana law, landowners are generally entitled to full remediation of the polluted land. In other words, the responsible party must pay to restore the land to what it was like before it became polluted.
The Heenan Law Firm regularly represents private land owners who are the victims of property damage, including pollution damage.
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07.01.11
Posted in Personal Injury at 3:56 pm by admin
The Billings Police Department issued their annual report of accidents this week. According to the report, 4,076 accidents were reported to Billings Police in 2010, a 5 percent jump from the previous year. Most troubling was the number of drunk drivers- DUI arrests jumped from 545 to 618, and DUI incidents reported to police dispatchers totaled 1,699. In a town the size of Billings, that is way too many drunk motorists putting the lives of others at risk.
The Billings Gazette reported Billings’ top five high-risk intersections as:
1. Grand Avenue/17th Street West
2. King Avenue/South 24th Street West
3. Lake Elmo Drive/Main Street
4. Central Avenue/24th Street West
5. Airport Road/Main Street
If you are injured through the recklessness of a drunk or impaired motorist, contact the Heenan Law Firm to learn your rights.
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