Articles Tagged with esquire

Understanding “Pain and Suffering”

If you or someone you know has been injured in an accident and you’re seeking compensation from a liable defendant, chances are very high you may have heard the phrase “pain and suffering” being used by Attorneys. While, most all of you reading are familiar with the use of these words, their use as legal terms carries a fair share of subtle distinctions.

Pain and suffering resulting from an accident is used as an umbrella term that encompasses the physical and emotional damages that are a result of the accident. To elaborate further, “pain” would include bruises, a broken arm, fractured rib, etc, while “suffering” would be the emotional fallout resulting from those injuries, emotional and mental injuries would be one way to understand “suffering.” These emotional injuries would include feelings such as depression, grief, anxiety, and even fear to name a few.

firefighter

Firefighter exposed to toxic smoke

The Massachusetts Senate approved a firefighter cancer bill that will enable firefighters and other state workers, such as police officers who are regularly exposed to dangerous fire related conditions, to treat cancer as a work related/line of duty injury. This change offers increased protections to first responders who put their lives at risk for the safety and security of our society. Before this bill, first responders suffering from cancer related illnesses would utilize their sick time while treating for cancer. After the finite amount of sick leave ends, payroll and healthcare benefits cease, making an already difficult financial, physical, and emotional battle all the more challenging.

“We accept the sacrifice of our job as a part of our calling, but when we get diagnosed with cancer, and we run out of sick leave, and we go off the payroll, and we lose our healthcare that is just wrong,” said Ed Kelly of the International Association of Firefighters. Firefighters, and other first responders, especially in Massachusetts have an increased risk of being exposed to carcinogenic chemicals, more so than any other state. Massachusetts mandates flame-retardants in their fire code in hopes of preventing out of control fires and deaths attributed to fires. Boston had one of the lowest national rates of firefighters killed in action, which influenced Massachusetts decision to keep flame retardants a part of the fire code. (Boston Magazine)

A “cold joint” or “construction joint” is formed during the process of laying concrete when the second batch of concrete is placed after the first set of concrete has begun to settle. As a result of the delay, the two batches are unable to form a completely uniform mix, resulting in a possible “plane of weakness.” This definition is according to The Concrete Society a website dedicated to providing independent concrete advisory services that include impartial technical advice on concrete.

cold joint

A common cold joint

While cold joints happen during the concrete process, sometimes due to the limits of how much concrete can be poured in a day or in some cases additional support such as rebar is needed before continuing; regardless of these circumstances proper planning and execution is required to ensure the cold joint will not jeopardize structural integrity, or cause harm to a civilian. Claire LaPosta was one such civilian who had the misfortune of tripping over a negligently placed cold joint resulting in her injury.