When to look for an employment lawyer

Aug 28, 2017 by

Considering quitting your job? There are a lot of personal benefits and consequences that comes to making the final decision to move on and leave your job. According to Above the Law, employment lawyers give their perspective on how to exit with grace.

No matter how you want to exit, there are particular ways to make your exit smoother no matter what is motivating you to leave your job. There are particular ways you can exit. Do you want to feel the satisfaction by send off a good “f-you” to the employer who you feel most deserves it? There are ways to exit than the destructive employee send off. Above the Law has seen its fair share of send-offs including “Bye Felicia” emails in real life).

Farewell emails may seem like a good idea, and they often do not do any damage to the reputation of the employee, nor do they “burn bridges” with other co-workers or supervisors. Sometimes, however, the emails can be devastating. Most employment attorneys will tell you that you should always leave your employer with class and try not to vocalize (or print) grievances, no matter if they are justified or not. If you have a serious issue with an employer, a lawsuit or formal legal action may be better than putting the company “on blast” in print or online review.

If you are unhappy at work, you can seek alternative employment, work-from-home opportunities, or other ways to stage your exit from your current company. There are many different ways that you can find satisfaction at work, and with these four easy-to-remember tips, you can leave your current job with dignity:

  • Try to obtain a good reference to help you find your next job. A colleague or supervisor at your current job (even if you are not completely satisfied with your current position) may be a good resource. Former colleagues or even satisfied clients can also be a resource for a reference.
  • Record your “victories”. Make sure to highlight the things you’ve achieved, awards or recognition you’ve earned, and any accolades that you can add to your resume and discuss in interviews.
  • Utilize your network. Everyone has resources that can help them network or learn about industry certifications that can help them with their job search. The more certifications you can earn, the more qualified of a candidate you will appear to potential employers.
  • Familiarize yourself with your contract and agreements. Before leaving your employer, make sure you are familiar with the contract you signed, any non-compete agreements that might be in place, and anything else that you may need to know before you exit. It would be a shame to start working at a new company, only to find yourself in contractual “hot water” over a non-compete agreement you forgot about!

It is important to maintain professionalism and find a happy balance in your career. Employment lawyers help employees hold businesses accountable for workplace violations, including harrassment, discrimination, and other claims. Call a lawyer when you need help or if you are being mistreated by your employer and keep your reputation intact by leaving with grace and dignity! 

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Depakote

Aug 17, 2017 by

Although Depakote has improved the lives of several people suffering from epilepsy and bipolar disorder, for some, the drug has completely devastated the lives of others. Researchers have now found evidence of how harmful the drug can be to a still developing fetus. Pregnant women that took the drug believing they were safe have had their children suffer from:

  • Spina bifida
  • Brain defects
  • Malformation of the face or skull
  • Malformation of the cardiovascular system
  • Fetal valproate syndrome
  • Infantile scoliosis

The drug has particularly extreme and dangerous side effects for pregnant women. The victims affected by this drug should contact experienced Depakote lawsuit attorneys, as they may be entitled to compensation for their pain and suffering.

Had the victims known about the dangers of the drug, they would have avoided all the medical problems they must now deal with. There have been cases where the child born with the defects as a result of the drug needed more than three heart surgeries. Along with those children, studies show that pregnant women who took the drug had a 4.42% chance of their child developing autism as opposed to 1.02%.

These injuries can be catastrophic both health wise and finance wise, so it is important to contact an experienced lawyer to get the compensation that all these victims deserve. No one deserves to have this happen to them, the least the victims could get out of this is compensation for all the pain and suffering Depakote brought to them and their families.

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Work-Related Injuries under the Workers’ Compensation Laws can Include Aggravations of Prior Injuries and Conditions

May 26, 2017 by

For the years 2013 and 2014, the numbers of fatal work-related accidents reported to the U.S. Bureau of Labor Statistics’ Census of Fatal Occupational Injuries (CFOI) were 4,585 and 4,679, respectively. Though the Occupational Safety and Health Administration (OSHA) has worked hard to significantly reduce the number of workplace injuries and deaths since its establishment in 1971 (from about 38 worker deaths a day in 1970 to 13 a day in 2014), fatal accidents in work environments continue to happen.

Every workplace has its own type of dangers; however, of all types of workplaces, construction sites remain to be among the most dangerous due to all the possible sources of injuries workers are exposed to every day, like falling objects, the presence of heavy machinery, risk of electrocution, and risk of falls, especially among those working on roofs and scaffolds and those who always use ladders. Aside from these, many workers are also regularly exposed to toxic chemicals which can cause deadly and chronic illnesses.

The effects of accidents can never be undone; however, there are ways to prevent these (through strict observance of OSHA safety rules) and ways to make sure that workers who get injured on the job are never left to carry by themselves the financial burden resulting from the injury. This is because injuries will definitely render a worker unable to work, which will mean no pay during the whole duration of treatment and recuperation – just at the time when the financial needs increase, the very source of earning is cut.

To remedy this dilemma suffered by injured workers, the government passed into law the Workers’ Compensation Insurance Program. This state- mandated and administered program provides immediate financial help to workers who sustain injuries while performing their job or who develop an illness due to exposure to toxic chemicals at work. Workers’ Compensation or Workers’ Comp covers lost wages, cost of medical treatment, disability, rehabilitation, retraining, and death (this may include payment of benefits to survivors of workers killed on the job).

Workers’ Comp pays benefits to injured workers regardless of who was at fault in the accident (there is no need for an injured worker to file a case in court just to avail of the benefits); however, if the injury was self-inflicted, was sustained because the worker was drunk, or was a result of actions in violation of OSHA law or company safety policy, then a worker’s application for a claim will be denied.

As explained by the law firm Zavodnick, Zavodnick & Lasky, LLC, “In order to make a successful workers’ compensation claim, an individual must show that the injury or illness was sustained in the course of his or her employment and was related thereto. Work-related injuries under the workers’ compensation laws can include aggravations of prior injuries and conditions as well.

In the state of Pennsylvania, specifically, the Pennsylvania Workers’ Compensation Act provides legal guidelines for payment of workers’ compensation benefits. State law governs WC coverage, though some employees may be covered by other federal compensation laws. All companies must have workers’ compensation insurance if they have employees in Pennsylvania. However, unfortunately some employers do not have workers’ compensation insurance despite what the law says. In Pennsylvania, an employee injured at work while working for an uninsured employer may pursue benefits from the Pennsylvania Uninsured Employer’s Guaranty Fund. However, there are several deadlines applicable under the law creating the Uninsured Fund, so it is important that you contact an attorney immediately if you have been injured at work.”

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The Dangers of Defective Seat Belts

Feb 19, 2017 by

Seat belts are some of the most vital safety equipment in vehicles, along with airbags. They prevent drivers and passengers from sustaining traumatic injuries in collisions and ejections. But sometimes, the drivers and passengers sustain unnecessary injuries because of defective seat belts. According to a defective seat belt article from the website of Habush Habush & Rottier S.C. ®, careless manufacturers may be held liable.

Common Seat Belt Defects
Defective seat belts can manifest in many ways, but there are defects that are much common than the others. Below are the most common defects involving seat belts.

  • Improper latching: Seat belts that do not buckle or latch properly are extremely dangerous when an accident occurs, because they may lack the power to restrain the occupant and cause him or her to be thrown or ejected.
  • Loose constriction: Like improperly latched seat belts, loosely constricting seat belts do not have restraining power to hold on to an occupant in case of a crash, possibly causing a traumatic injury.
  • Excessive restriction: Seat belts that are too tight can also be considered defective. They should be loose enough to allow movement and restrictive enough to prevent occupants from getting ejected.
  • Weak materials: The use of weak materials and products to create seat belts also poses a danger. Seat belts that are composed of substandard materials may not have optimal functionality and may even be the reasons for injury.

Injuries from Defective Seat Belts
Most injuries sustained from defective seat belts are from the force of the collision itself and the seat belts’ inability to protect their occupants. The worst injuries are fatal or lifelong, such as severe traumatic brain injuries, paralysis, neck fractures, and internal bleeding. Other injuries may not be as bad, but they still pose serious threats to your health, such as spinal cord injuries, whiplash, chest and back issues, and shoulder and arm problems.

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Dirty Tactics of Auto Liability Insurance Providers during Accidents

Sep 27, 2016 by

About 16.1 million cars and trucks were purchased in the U.S. in 2015. These add to the 253 million motor vehicles on roads and highways all across the U.S.

The continuous increase in the number of cars and truck on U.S. roads is a signification of a growing economy. This increase , however, also hints on the possibility that the number of automobile crashes remain to exceed five million every year – crashes that injure two million drivers, passengers and pedestrians, and kill more than 30,000.

Whenever a car accident occurs, cost of medical treatment, days off from work which result to loss of wages, and property damage are a victim’s immediate concerns. Good thing carrying auto liability insurance is a basic driving requirement in all U.S. states (with the exception of New Hampshire, where drivers can show financial responsibility through other ways).

The type of auto liability insurance a driver is supposed to carry depends on the liability system recognized in the state where he/she resides. In Florida, Michigan, New York, Hawaii, Kansas, Massachusetts, Minnesota, North Dakota and Utah, drivers are required to carry a no-fault liability car insurance policy (the states of New Jersey, Pennsylvania and Kentucky allow drivers to choose between no-fault insurance and fault or tort insurance coverage).

Under the no-fault system, compensation (to the driver and his/her passenger/s), which includes medical expenses, lost wages due to the injury, and funeral expenses (in the event of death) is paid by his/her own insurance provider rather than the at-fault driver’s (insurance provider). This takes away the need to file a claims lawsuit against the at-fault driver (which is the case under the fault or tort system), except in cases wherein damages exceed the insurance limit. The driver’s own insurance provider pays the compensation regardless of whose fault the accident was.

According to the Hankey Law Office, however, insurance companies are not always willing to pay out the benefits to which their policyholders are entitled. At other times, insurance firms make a lowball offer – something that a policy holder should never accept.

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What Types of Injuries Are Office Workers Susceptible To?

Jun 29, 2016 by

Just like employees injured performing physically demanding work in hazardous environments, employees injured in the office are entitled to fair compensation. Workers in office environments should not assume they are protected or immune to a possible injury.

The hazards in office environments are not as obvious as those encountered by workers who use machinery or heavy equipment. However, hazards do exist in the office. According to Scudder & Hedrick, PLLC some of the most common office injuries include repetitive strain injuries such as carpal tunnel syndrome, tendonitis, and bursitis. The Occupational Safety and Health Administration writes that work-related musculoskeletal disorders account for $15 billion in workers’ compensation costs.

Office workers are also highly susceptible to slip and fall accidents, lifting injuries, back injuries, and head and neck injuries. According to the Center for Disease Control, an office employee is 2 to 2.5 times more likely to suffer an injury from a fall than workers in other environments. Some of the main causes of falls include: using a chair instead of a step ladder to reach something, tripping over an object in a walkway, slipping on a wet floor, or poor lighting/visibility.

A majority of office injuries can be avoided through preventative measures. For example, slip and fall accidents can be avoided by reporting loose carpeting or flooring, keeping areas clear of electrical cords, and cleaning up spills immediately. Heavy lifting can cause neck, shoulder, and back injuries. To avoid such an injury, workers should lift by squatting and lifting the load with their legs, rather than their back, and hold the load close to their body. Workers can avoid repetitive strain injuries by adjusting chair, keyboard, and monitor positions and avoiding using excessive force when making repetitive motions such as typing. It is also important to stand and stretch every half hour to release tensions related to strain.

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Car Insurance / Car Accidents

Feb 15, 2016 by

About a dozen states in the US follow the no-fault law when it comes to car insurance. These states include the District of Columbia, New York, Michigan, Pennsylvania, New Jersey, Minnesota, Kentucky, Hawaii, Massachusetts, Florida, North Dakota, and Utah. This means that should you get into a car accident, your car insurance insurer will be the one to pay a portion or all of your medical expenses as well as lost earnings, whether or not you or another person caused the accident. It is still important, however to understand that each of these states have their own set of rules regarding the benefits that will be provided by the insurance company; some may provide complete compensation while other states may only require a limited amount.

In an event of a hit-and-run accident, it may be difficult to get compensation especially if the one at-fault left the scene of the accident. The Chris Mayo Law Firm state on their website that evidence such as CCTV video evidence or witness reports or remembering the license plates are the key in getting the other party accountable for their negligent actions. Otherwise, no-fault states will require the injured party to file a claim against their car insurer. For states that do not follow the no-fault rule, the victim may have to file a, underinsured/uninsured motorist claim.

The main reason for a personal injury claim against a person who committed a hi0tand-run is to recover punitive damages. This type of damages is made to ensure that the defendant’s action will not be committed again, and can only be given when the court deems the defendant’s actions were intentional and reckless that resulted in harming the plaintiff, or that the defendants egregious acts lead to the plaintiff’s injuries and damages. This is because everyone is considered legally aware and responsible for their actions following an accident, and running away from the scene is deemed morally objectionable.

According to the website of Milwaukee, Wisconsin car accident attorneys, the dangers of road accidents are always present, which is why car insurance is very important. Regardless of whether you are a victim or the person who caused the accident, having car insurance will be the only way to protect yourself from damages that the accident may cause, and help you prevent possible license suspension or even revocation.

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Criminal Defense

Feb 14, 2016 by

Sex crimes cover many different types of offences, but generally comprises of any illegal or coerced conducts that are sexual in nature directed towards an unwilling person or individual. Each state has their own laws regarding sex crimes, with their own statute of limitations, set of penalties, and level or severity. Those who have been convicted of any type of sex crime will be listed as a “sex offender” and their names will be added on state and federal registries. As anyone who understands this, the implications of being listed on a sex offender registry can have a grave effect on you and other people’s lives.

In the state of Florida, the laws regarding sex crimes (along with the state’s criminal laws) have taken a lot of attention through the past years. Florida laws are divided into two general groups: misdemeanors and felonies. Serious crimes are considered felonies and have the heaviest penalties. Just as with any state, the laws regarding sex crimes have severe penalties and can put you in danger of being imprisoned for life or given the death penalty according to the severity of the crime.

Any Okaloosa County criminal defense lawyer would tell you that because of the seriousness of sex crimes, any charges should not be taken lightly, especially if the charges are the type of sex crimes that involve people under the age of 17 years. Because of the stress that a criminal charge can cause you, hiring the right lawyer will help in providing you the necessary defense you need to ensure you will have a fair trial. There are different types of sex crimes, such as rape, indecent exposure, solicitation, sexual assault and prostitution.

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Personal Injury

Feb 13, 2016 by

Improper safety training in construction sites have accounted to a significant number of workplace injuries. In order to protect the workers from any unnecessary incidents or accidents, proper safety precautions, training and safety equipment should be provided by the company; failing to do so may make the company liable for any damages that the worker suffered due to workplace accidents. Many state laws require the construction companies to follow safety procedures and to provide training to their workers regarding safety plans and policies, and failing to do so may put them at risk of facing lawsuits from their workers.

There are generally three elements that each injured worker should provide in order to win a personal injury claim against their employer or company: (1) the duty to keep competent safety training, (2) the defendant disregarding their duty, and (3) the disregard of duty lead to harm on the worker. These three factors should all be present in every personal injury claim. According to the website of Wilson & McQueen, PLLC, personal injuries tend to overwhelm many victims, so an experienced injury lawyer will be a valuable asset to a claim. It is crucial that you get a lawyer that you trust and rely on, because they will be the one who will gather information and evidence to present a strong case in court. Furthermore, a strong injury claim may help in getting the case settled out of court, which can cost less than going to court.

Because of different laws in each state, it can be difficult to determine whether there was a breach of duty of care from the side of the employer or company, but generally, the law states that the employer or company has the legal duty to assure that the worker is knowledgeable and able of performing the work safely. www.crowemulvey.com/practice-areas/personal-injury/ states that companies have the obligation of training and informing their workers of proper safety procedures before letting them begin their work in order to avoid accident. The company’s negligence that caused harm to the worker will make them liable for all damages that the injured worker suffered and may experience in the future.

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Haircuts

Feb 12, 2016 by

As the year draws to an end and a new one about to start, it may be a great time to consider getting a new haircut. Many women tend to get comfortable with their hair and end up with the same hairstyle for a long time, even for many years; it would only take some important or drastic life changes to make a woman decide to get another haircut, maybe because people tend to see it as a time to renew and start over again. Indeed, getting your hair cut and styled in a new way can be very powerful and encouraging.

The trick in getting the best for what you are paying for is to first find a salon that you are comfortable and trust with your hair. In order to protect yourself from a bad haircut that may leave you crying for a couple of weeks, finding a hair stylist whom you trust and whose opinion you value. They are the ones who will help you decide which hairstyle or haircut would be best suitable for you – the you that’s enjoying your life at this very moment. In order to avoid future regrets from getting the wrong hairstyle or haircut,the website of Therapy Hair Studio gives the following advice:

  • Determine your face shape and your hair texture. These will be the basis on which hairstyle or hair color will best suit you. There are some cuts that are will not look good on certain face shapes or hair textures, so being well informed and prepared for your new hairstyle is a must.
  • Maintain realistic expectations. Although you brought and showed your hairstylist a picture of which celebrity hair you want to have, it is always important to understand that these celebrities have an army of beauty experts at their beck and call to help them get red-carpet and paparazzi-ready. So having a clear and honest communication with your stylist is important in order for you to get what you want.
  • Check if your new hairstyle will fit accordingly to your lifestyle. You might be put in a pinch if you are a low-maintenance girl and get a high-maintenance hairstyle. If you are ready to invest time and money for your hair, then getting a high-maintenance hairstyle may be a good choice, but if you are a wash-and-go type, you might want to talk with your stylist first.
  • Lastly, make sure that are really ready to get a new hairstyle. Spontaneity can often result in regrets, therefore make sure to think about it long and hard before getting a new hairstyle.
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