Welcome to HurstInjuryLaw.com, the personal blog of William W. Hurst, Attorney at Law in Indianapolis. This is where Bill will post his research notes, case studies, and legal news for public viewing. Feel free to browse the site and use any content you find for your own blogs so long as you properly cite our site. For information on Bill's legal practice, please visit his business website at BillHurst.com.

Archive for April, 2011


Thirty-three percent of adults age 65 and older suffer from fall down accidents on a yearly basis.  In 2007, 18,000 of those falls resulted in fatalities.  Medical costs related to fall down injuries totaled $19 billion in the year 2000 alone!  Falls in older adults have caused more bone fractures than any other single cause.  Those that are victims of an accidental fall injury can develop a fear of falling which could lead to less daily activity for fear that they may fall again http://www.cdc.gov/homeandrecreationalsafety/falls/adultfalls.html.

What can be done to prevent or limit the injury sustained after a fall down?  Regular exercise.  Not only does regular exercise improve balance and muscle strength, but it has also been shown to lead to a longer more fulfilled life.  Many studies show that Tai Chi, a low impact form of exercise that older adults can actively engage in,  improves balance.  http://www.cdc.gov/homeandrecreationalsafety/falls/fallspreventionactivity.html Some prescribed medications cause side effects that can affect your balance such as dizziness.  One should always be aware of the medications that they are taking and look into viable alternatives if the side effects create a hazard.  Another good course of action is to have regular eye examinations and always wear appropriate eye wear to improve vision.  Wearing suitable footwear has also become another avenue to battle fall down injuries. Shoes for Crews is just one of the many retailers offering stylish, affordable footwear specifically engineered to be “slip resistant”.  Finally, you can make your home safer by improving the lighting, reducing tripping hazards and adding railings where necessary.

“Naturally,” as provided by the National AG Safety Database, ”the goal is to not slip, trip  or fall, however, the possibility of a fall still exists.”  Sometimes there is nothing you can do to prevent a fall. Perhaps the hazard was cause by another person or the lighting was not sufficient to warn you of the upcoming dangers. The National AG Safety Database gives the following tips on Learning How to Fall.  By familiarizing yourself with these tips you may be able to prevent the result of serious injuries.

  • Tuck your chin in, turn your head, and throw an arm up.  It is better to land on your arm than your head.
  • While falling, twist or roll you body to the side.  It is better to land on your buttocks and side than your back.
  • Keep your wrists, elbows and knees bent.  DO NOT try to break the fall with your hands or elbows.  When falling, the objective is to have as many square inches of your body contact the surface as possible, thus, spreading out the impact of the fall.

Visit the National AG Safety Database website for more information on slip and falls.

Construction companies, municipalities, retail stores, restaurants, and most establishments open to the public have a duty to keep the premises in a safe condition.  If you or a loved one have suffered from a fall and would like to have a free consultation with an experienced attorney, contact Bill Hurst.

Hospital and nursing home workers experience accidental muscle injuries at a rate that exceeds workers in construction, mining, and other work place occupations.  NIOSH(A) was created by the Occupational Safety and Health Act to look for ways to prevent injuries in the work place because many of these injuries have resulted in permanent damage.  The Agency for Health care Research and Quality funds studies on the effectiveness of injury treatment methods for lifting related injuries.  These injuries are due in part to the manual patient handling activities which often involve lifting, associated with transferring and repositioning patients.  This is further comp0unded by the obesity epidemic in the United States and the rapid increasing number of older people who require assistance in nursing home settings.

The cost with back injuries in the nursing home and hospital industry are estimated to be 20 billion dollars annually.  Three states currently have passed legislation supportive of safe patient and/or resident handling Ohio, New York and Hawaii.  Six states have passed legislation requiring safe patient handling policies including Texas, Washington, Rhode Island, Maryland, Minnesota, and New Jersey.  Nurses’ aids and orderlies suffer the highest percentage (18.8%) of the injuries and report the most annual cases (269,000) of work-related back injuries and back pain among workers in the United States.  In 2000, 10,983 registered nurses suffered loss-time work, injuries due to lifting patients, causing back shakes and sprains, per NIOSH.

NIOSH has conducted a large field of study to determine if there is an invention consisting of mechanical equipment to lift physically dependant residents, training of the proper use of lifts, safe lifting policy and pre-existing medical management program to reduce the rate of associated costs of the medical providers handling injuries for nursing personnel.  A six year period from January 1995 to December 2000 1,728 nursing personnel were followed before and after implementation of the invention.  The result was significant reduction in injuries, workers compensation costs, and lost days from injuries.  The first report of employment injury rates were reduced by 35%.  Information on this study can be found in the publication NIOSH’s publication Safe Lifting and Movement of Nursing Home Residents.  NIOSH has formulated several safe lifting programs which were experimentally implemented in seven nursing homes and one hospital.  The injury statistics that were collected after implementation were compared with 37 months of pre-invention data.  The number of back and spinal injuries from patient transfers decreased by 62%, lost days by 86% and restricted work days by 64% and workers compensation costs by 84%.  This program produced many intangible benefits including improvements in patient comfort and safety during transfers and patient care.  Despite all this information, many health care providers continue to use outdated and unsafe manual patient handling techniques resulting in spinal injuries and related costs.  Beginning in 2009 NIOSH has conducted a project aimed at improving safety while lifting and moving obese objects.  Obese individuals require more frequent extensive health care due to obesity related health problems.  In the upcoming project they will evaluate these patients handling practices at multiple hospitals including intervention programs and health/safety outcomes to identify and promote best practices.

Clearly injuries to the back are one of the most prevalent and costly work related injuries in the United States.  Low back pain adversely affects over 1 million workers in the United States every year and is responsible for most lost work days than any other muscle disorder.  American hospitals will eventually have to deal with this issue but the question remains how long will it take and how many people will be injured before that happens.

Back injuries in nursing home and medical settings can develop gradually as a result by micor-trauma to the muscles brought about by the repetitive activity of lifting or could be the product of a single traumatic event.  Often because of the slow and progressive onset of the internal injury, to the soft muscle tissue, the condition is often ignored until symptoms become acute resulting in disabling injury.  While these injuries account for no work related deaths, they do account for a significant amount of human suffering and loss of productivity in the economic burden on compensation systems.  Back disorders are one of the leading causes of disability for people in their working years and affect over 600,000 employees each year with a cost of 50 billion in 1991 according to NIOSH  http://www.niosh.net/ .

While many people believe they know how to uplift properly and safely they are often mistaken.  The lifting process where the demand is too high can injure the muscle and cause microscopic tears,which result in muscle strain and are often difficult to treat.  Very simple techniques can often avoid back injury to the worker.  www.spine-health.com.

On January 1, 2006 Texas was they first date to implement a new law know as the Lifting Law for Hospitals and Nursing Homes.  It is believed that this law will spread to other states.  The law requires the governing body of a hospital or nursing home to adopt and ensure the implementation of a policy to identify, access and develop strategies to control risk of injuries to patients and nurses associated with the lifting, transferring, repositioning or movement of a patient. http://allnurses.com/nursing-news/texas-passes-safe-110337.html .

The latest Bureau of Labor Statistics and Nursing show that nursing tops the lists of occupations most associated with work-related back injuries.  During a typical shift, an average hospital staff nurse will lift twenty patients and transfer five to ten patients from a bed to a chair.  Patients weigh typically in excess of 100 pounds, which puts the load well above the weight that would be considered safe for industrial workers.  There are a number of programs presently looking at ways to improve training programs that could be effective in preventing these incidents and severity of back injuries. www.spineuniverse.com/conditions/low-back-pain .

Throughout all industries back injuries are the nation’s number one work place safety problem.  No approach has been found for totally eliminating back injuries caused by lifting but it is felt that a substantial portion can be prevented by an effective program.

If you have received an injury to your back or spine and would like to talk with an attorney who has represented clients with similar injuries and claims, call William W. Hurst for a free consultation.

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Bill Hurst is a partner in Mitchell, Hurst, Dick & McNelis, LLC.
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