To Sue or Not to Sue?

In many instances, filing a lawsuit is unavoidable. For instance, when a person seeking coverage has his claim denied, a lawsuit may be the only action that is available. But seeking satisfaction in court can be its own problem. Court calendars (dockets) are often backed up so it could take months or even years before a hearing can take place. Trials may be followed by one or more appeals. The legal expense can be staggering, involving court costs, filing fees, attorney costs, research costs, fees for expert witnesses and a host of other expenses. Time and cost considerations are great incentives for finding other methods to resolve disputes.

Alternative Dispute Resolution

When disagreeing about the amount that should be paid for a loss, mediation and arbitration are popular alternatives to suing your insurance company. Each is a form of Alternative Dispute Resolution (ADR) since they are alternatives to going to court.

• Mediation – This process involves the two parties meeting to discuss their situation with the help of a mediator. The mediator typically has special training and a legal, financial or similar background. As a disinterested party, the mediator studies information from both sides of an argument. Mediation sessions begin with each party fully explaining their position to the other party and the mediator. It is critical that each party is able to explain their side of the issue without interruption. The mediator then discusses each party’s position in private. Afterwards, the mediator shuttles between the parties and tries to negotiate a settlement. The most important features of mediation are that the process is voluntary and the disputing parties are actively involved in reaching a solution.
• Arbitration – This is a method that is frequently required by an insurance policy provision. Under arbitration, you and the insurance carrier each select a representative (arbitrator). Once the arbitrators are selected, they agree on another arbitrator who acts as the arbitration judge. The three persons discuss the merits of the situation and, once any two of the three persons agree on a settlement amount, the process ends. Arbitration differs from mediation in two important respects. First, the disputing parties are bystanders, waiting for a decision to be made by their selected representatives. Second, arbitration is (generally) binding on both parties.

If you are in a dispute with your insurance carrier, no course of action is perfect. Considering the cost and time involved with lawsuits, it makes sense to take advantage of other options to handle high-stakes disagreements. If you need more information, Peoples First is able to navigate you towards an advisable way to reach agreement with your carrier.

Top choices include potato and tortilla chips, popcorn, pretzels, puffed cheese snacks, dip mixes, canned dips, guacamole, chicken wings, and beer.

Are you surprised that antacid sales also increase—by 20 percent—the Monday after the Super Bowl?

Save some money on antacids by eating and/or serving these healthy snacks:

• Fresh fruit salad
• Vegetable platter
• Hummus or low-fat spinach dip
• Homemade pizzas with veggie toppings
• Rotisserie chicken
• Air-popped popcorn
• Unsalted mixed nuts
• Flavored waters

Wear reflective vests or apply reflective strips to your and your family’s clothing when you’re out doing winter activities, because winter days get dark quickly.

Unless you’re ice skating or skiing, you don’t want to be slipping and sliding—especially around your workplace. Weather-related slips and falls become a serious hazard as winter conditions create wet or icy surfaces. Even wet leaves and mud can create treacherous walking conditions. And wet and muddy shoes can track inside the building to create slippery surfaces inside as well.

Take these steps to prevent slips and falls for yourself and co-workers:

• Wear sensible shoes with nonskid soles in winter weather.
• Use mats or rugs in entryways to wipe snow and ice off your shoes as much as possible so you do not track wet spots inside your building.
• Know who to report slippery conditions at your workplace and how to contact those people.
• Clean up or report slippery spots in entryways, walkways, parking lots, or other areas immediately so maintenance can take care of the areas and/or post signs to warn people of slippery conditions.
• When you have to walk in treacherous conditions, take small steps and shuffle your feet.

‘Tis the season to be jolly—and to stay away from your car if you’ve been too jolly. December is National Drunk and Drugged Driving Prevention Month. Recent statistics from the National Highway Traffic Safety Administration (NHTSA – www.nhtsa.gov) revealed that in the 12-hour period from 6:00 p.m. New Year’s Eve to 6:00 a.m. New Year’s Day 59 people died in alcohol-related car crashes. That’s nearly 5 people an hour!

Make sure you know when you’ve had too much to drink. For example, do you think you’re okay to drive if you can speak without slurring your words and are not acting abnormally? Not so, according to the National Institute on Alcohol and Alcohol Abuse (NIAAA – www.niaaa.nih.gov), which states that “the skills and coordination needed for driving are compromised long before the obvious signs of intoxication are visible.”

Furthermore, drinking a cup of strong coffee will not sober you up enough to drive, because caffeine “doesn’t counteract the effect of alcohol on decision-making or coordination. The body needs time to metabolize (break down) alcohol and even more time to return to normal.”

The Truth about Alcohol

As for drinking alcohol even when you’ve designated a driver, how do you know if it is good or bad for your health? Certainly, you know that excessive alcohol consumption is bad for your health. In addition to possibly leading to addiction, drinking too much alcohol can cause various cancers, including mouth, liver, and breast, pancreatitis, heart muscle damage leading to heart failure, stroke, brain damage, cirrhosis of the liver, miscarriage, and fetal alcohol syndrome.

But what is too much? According to the Mayo Clinic (www.mayoclinic.com), too much is more than two drinks a day for men and one for women under the age of 65, and one drink a day for women and men over the age of 65. One drink = 12 ounces of beer or 5 ounces of wine or 1.5 ounces of 80 proof distilled spirits.

So if you stick to the moderate drinking listed above, can alcohol be good for you? According to the Mayo Clinic, alcohol in moderation may reduce your risk for heart disease, strokes, gallstones, and diabetes.

In the end, it’s up to you to decide whether to drink alcohol in moderation. See the story “Should You Drink Alcohol?” and consult with your medical professional to assess your situation.

Have you ever received a gift you didn’t want? While some of us may have a few presents hidden away in back closets, all of us have undoubtedly received unwanted colds and flus from family, friends, and co-workers. According to the Centers for Disease Control and Prevention (CDC – www.cdc.gov), 5 percent to 20 percent of the U.S. population gets the flu every year, more than 200,000 people are hospitalized, and 36,000 people die.

But there’s an easy way to prevent getting—and giving—these illnesses: Washing your hands frequently. Celebrate National Hand Washing Awareness Week, which is the first full week in December, by following the CDC’s recommendations for when to wash your hands:

• Before and after eating
• After going to the bathroom
• After changing diapers or helping a young child in the bathroom
• After coming in contact with vomit or other body fluids
• After coughing, sneezing, or blowing your nose
• Before and after treating an injury
• After touching animals or animal waste
• More often when someone around you is sick

To wash your hands effectively, use warm water and soap, lather the whole surface of your hands, and rub for 20 seconds before rinsing and drying thoroughly.

Use an alcohol gel or wipe to clean your hands. Rub the gel or wipe over the whole surface of your hand. But still remember to wash with soap and water as soon as it becomes available.

• A history of a hemorrhagic stroke
• Liver disease
• Pancreatic disease
• Evidence of precancerous changes in the esophagus, larynx, pharynx or mouth

Likewise, people who are taking the following medications should avoid alcohol:

• Antibiotics
• Anticoagulants
• Antidepressants
• Aspirin
• Diabetes medications
• Antihistamines
• Anti-seizure medications
• Beta blockers
• Pain relievers
• Sleeping pills

If you are still unclear about your health and the effects of alcohol on your system, consult with your medical professional to assess your personal situation.

• Falls are among the most common type of injury both on and off the job.
• Several hundred thousand American workers suffer injuries from falls on the job every year—a number of these related to slipping accidents.
• Although slips and falls usually aren’t fatal, they can cause serious damage, such as broken bones and back injuries.
• Awareness of hazards and safe actions can prevent most slip-related accidents.

Air-purifying respirators protect against many contaminants by filtering or chemically “scrubbing” them and are used when:

• There is enough oxygen present.
• Contaminants can be filtered or “scrubbed” out.
• Contaminants are not at Immediately Dangerous to Life and Health (IDLH) levels.

These respirators have color-coded cartridges or canisters to indicate the type of contaminant they protect against. Remember that cartridges and canisters get used up. Know how to recognize their end of life, and replace them if you’re not sure!

Air-supplying respirators have a separate source of air—either an air line or self-contained portable air supply—and are used when:

• There is not enough oxygen present.
• Contaminants are at Immediately Dangerous to Life and Health levels.

Follow these other respirator safety steps:

• Always use the respirator that is assigned to you
• If you’re unsure what respirator to use:
  —Read your organization’s written respiratory protection program.
  —Check the MSDS for the hazardous substance, and the respirator manufacturer’s written instructions.
  —Ask a supervisor.