Construction Accidents

By on 2-05-2014 in Employment Law

There are lots of ways that an individual could be injured by means of a building accident, if they are a worker in the work site or somebody walking or only driving by. When an accident occurs, it’s not necessarily the fault of the casualty. In these situations, someone may end up as lack of action or a result of some other persons’ actions with severe health problems. However, determining a problem can be quite a hard endeavor, especially when you’re unfamiliar with all the laws that apply to situations, for example, these.

Responsible Parties that are possible

Typically there really are a few parties who are a passer by to be injured or more likely to be kept accountable for an injury that creates a hard hat. These parties that are more commonly found accountable contain:

  • Manufacturers
  • General manager
  • Home contractor
  • Construction owner

According to the site of Habush Habush & Rottier, a couple common principles can be followed to determine who you think is probably at fault for your own accident. It is the manufacturer or person accountable for maintaining the gear that probably might be held responsible when the injuries are brought on by malfunctioning equipment. However, if the accident is caused by an unsafe construction site or work environment, any consequent harms, as well as the expenses related to them, may possibly be regarded the fault of the landowner, building manager, or general contractor.

In addition to these celebrations, it’s not impossible that another individual could be at fault for the harm that you endured because of building accident. When a construction accident has caused you bodily injury, damage, and fiscal burdens that are emotional, you shouldn’t go by means of this difficult time alone.

After the Fact: What to Do in the Aftermath of a Car Accident

By on 2-05-2014 in Employment Law

It’s not a thought that most people like to consider, but with the frequency by which car accidents occur, a crash can very possibly happen to anyone. Data from the United States Census Bureau showed that an average of 10.54 million car accidents occurred annually between 2005 and 2009. If you do find yourself among the many Americans that become involved in the minor collisions that mostly make up these figures, it’s best to know how to proceed in the aftermath of your accident. The following are a few key reminders for actions to take following a car accident.

Those who find themselves involved in a car crash will need to gather as much information about the scene. Taking note of the date and the exact time of the accident, as well as the condition of the weather during the crash can be helpful. Aside from the fact that these details are important to the report you’ll need to give to the responding officer, they can also be helpful for when you’re making insurance claims.

Gathering information about the other driver involved in the crash with you is also crucial. You’ll need to ask for their name, address, license number, and insurance details as soon as you’ve ascertain that no real damage or injury has occurred. Similarly, you should also offer up the same information to the other party. You should also try to learn more about the other individuals involved in the crash if there are any. In the same way, try to gather more information about the crash from anyone who has witnessed the crash take place.

When the police responds to the scene, give all the details that you can and don’t forget to ask for their name and badge number. This is important for any follow-up information you may want to share or if you will need to ask for a copy of the official police report for insurance purposes. When that’s done, do not forgo medical attention after a car accident. There is risk of injury even in a minor collision.

Finally, you can report your accident to your insurance company. According to Habush Habush & Rottier S.C.®, this is important for several reasons. For one, it will give the insurance company an opportunity to hear about the incident from your perspective. Secondly, reporting your accident promptly will also allow them to evaluate the damage more quickly and provide you with an estimate as soon as possible.

Can Car Accidents Severely Transform a Lifestyle?

By on 2-05-2014 in Employment Law

In this day and age, transportation via motor vehicles is a necessity – whether these vehicles are publicly or privately owned. This has increased the likelihood of accidents happening to any one person – so much so that it has been deemed a statistical probability that every person will experience at least one motor vehicle related accident in their lives. The severity of the accident may vary as the damage done could be repaired by a simple paint job. Reparable and easily forgotten and forgiven, even, are these harmless little incidents. There are some accidents that are severely transformative, changing so much with one little wrong decision.

Vehicular accidents are ones that are usually prompted by negligent or reckless actions – whether these are ignorantly or willfully done are grey areas that the absolute blacks and whites of the law take no interest in – and there is a punishment that fits the crime as well as due compensation for the victim of the incident. It can be the fault of the driver or, perhaps, from a fault of the road or driveway’s construction; or, perhaps the vehicle could have been defective from the manufacturing stage.

Whatever the case may be, the victim of these circumstances are legally warranted to pursue action in order to claim compensation for whatever injuries or damages may have been sustained due to the accident. There is also the probable psychological trauma that may have been a consequence of the incident. If the victim was injured to the point of temporary or permanent disability and is meant to provide necessary income towards beneficiaries, then they ought to be granted recompense for the loss of wages that are a result of the accident itself. It can be a trying and testing time for anyone and it is easier dealt with when there are seasoned, trustworthy professionals who are helping with the situation.

If you or someone you know has been in a car accident, it is recommended that an accident attorney in Appleton is contacted in order to know the best choice to choose in order to move forward towards recovery.

GM Fights Personal Injury Claims

By on 2-05-2014 in Employment Law

While over a thousand claims of personal injury have been filed against General Motor Co., the company tries to prevent its demise. After surfacing from bankruptcy in 2009, the motor company is defending itself from accusations of violating individual’s rights, thus saving themselves from assuming responsibility of the injured.

Some GM models have an electrical malfunction, and faulty ignition switches of defective cars have caused serious injuries among consumers. In such cases, this problem causes cars to stall and lose power steering, as well as airbag’s failure to deploy.

However, GM announced the existence of these problems in 2014 despite knowing of the problem long before. Since then, a 30 million car recall has ensued. However, the company is facing accusations of fraud and violating consumer rights on the premise of withholding pertinent knowledge; GM cars are deathly, yet the company never told anyone.

The company is responsible for thousands of injuries and numerable deaths. If GM’s platform holds in court, the people they hurt will not receive justice. Injury on another person or company’s behalf, if they won’t accept accountability, negates the crime that was committed. The repercussions of these injuries are not only emotional, but financial as well. Hospital bills and medicine can be expensive, and personal injury lawsuits aim to help the afflicted receive compensation. While financial assistance may not curb physical pain, it can help financially.

These kinds of injuries can be incredibly devastating to an injury victim. Negligent car manufacturers should be held responsible for the crimes they commit and injuries they inflict.

Shoplifting in Texas

By on 2-05-2014 in Employment Law

There is a tendency for most people to shrug off a charge of shoplifting as a minor offense. In many cases the perpetrators do get off with a slap on the wrist if they are minors (about 38% are teenagers), they’re first offense, or the value of the item is less than $50. But make no mistake; shoplifting is a crime and punishable under the law, and in Texas it is taken quite seriously. There are real consequences when you are convicted, and it would be a shame to get a mark on your record for a childish prank.

There are many reasons why people shoplift. In the case of teenagers, it is usually for the thrill of it and a way to show how “cool” they are and ready to flaunt convention and authority. That’s all well and good provided they don’t get caught, and this can be feat indeed. With billions lost to shoplifters, retailers invest in the best surveillance they can get. Some shoplift out of sheer necessity borne out by desperation, while still others make a career out of it.

As pointed out on the website of Inglis Defense, shoplifting penalties in Texas if convicted range from a Class C misdemeanor (value less than $50, $500 fine) to state jail felony (value between $1,500 and $19,999, 2 years in jail plus fines). The value of the item/s is toted up to determine the charge and concomitant sentence, so you could be paying $500 for that $5 keychain if the shop owner presses charges. Worse, you could spend a year in jail plus pay up to $4,000 in fines for that cashmere sweater. They just don’t make it worth it to shoplift in Texas.

However, there are ways to beat a shoplifting charge, especially if you have a competent criminal defense attorney to help you. Without legal representation, there is a good chance that you will say or do something that will lead to a conviction, even if you hadn’t even been shoplifting in the first place!

Selecting A Lawyer That Suits Your Needs

By on 2-05-2014 in Employment Law

One of the hardest times in someone’s life can be filing for divorce. When it comes to the settlement, you want the fairest deal. The best way to do this is by finding a lawyer that knows the laws and will work for you! Read this article for more tips.

Before you hire a lawyer, sit down and define the problem that you have. Sometimes, you may find that your situation is not bad enough to warrant a lawyer. Understanding exactly what you are going through can help save you a lot of money over time with a lawyer and court fees.

When you are hiring a lawyer, make sure that there is a discussion about the payment plan that you want to instill. Sometimes, you may not have all of the money upfront, so you will want to workout a monthly plan that suits you comfortably. Get this done ahead of time so you don’t have to worry about it later.

A lawyer who specializes in a specific issue will be an advantage for you. Specialized lawyers can be more expensive but these lawyers have extensive experience with cases like yours. You should avoid lawyers who spend most of their revenue on promoting their services and rely on their good reputation and results instead.

Hiring the most inexpensive lawyer you can find isn’t usually the best decision, and it can actually be quite costly in the long run because he or she might not have the experience to handle a case as complicated as a Viagra melanoma lawsuit or to be able to prove trucking company negligence.

Whether you are filing for divorce or served papers, you need to have the best lawyer possible during this process. Negotiations are often a long process, so make sure your lawyer knows your rights thoroughly. Remember these tips when selecting a lawyer through this very difficult time in your life.

Laser Hair Removal

By on 2-05-2014 in Employment Law

In 2012, the American Society for Aesthetic Plastic Surgery (ASAPS) recorded as many as 883,893 laser hair removal procedures performed by physicians; the inclusion of those performed by physician assistants and nurse injectors in the count, however, makes the number go up to 1,224,920.

Laser hair removal is a minimally-invasive cosmetic procedure that gained approval from the US Food and Drug Administration as the method for permanent hair reduction. Since its introduction in the late 1990s, the procedure quickly became a popular regimen in dermatological and aesthetic clinics due to the fast, painless and more effective way that it permanently reduces the number of hairs on the body.

Compared to waxing (which can particularly be painful since it requires hair to be ripped out from its root), shaving and tweezing, all of which allow the same thickness of hair to grow back again very quickly, the re-growth of hair months after the laser hair removal treatment is guaranteed to be lighter in color and finer in texture.

The procedure is characterized by the use of FDA-approved lasers and lights that radiate highly concentrated light on the skin and into hair follicles. As the pigments in the hair follicles absorb the light, hair is simultaneously destroyed. On its website, the Bergman Folkers Plastic Surgery clinic explains, however, that due to differences in hair density and the cycle of hair growth (which means that only follicles that were in the active growth would be affected by the laser), the number of treatments can vary from one patient to another.

The typical number of treatments is between four and six for some patients, with each treatment spaced four to eight weeks from each other. Many, though, will already notice a remarkable difference in their hair growth after the fifth procedure.

Laser hair removal procedure may be performed on the legs, arms, face, bikini line, underarm, and any other part of the body where there is unwanted hair growth. It can also be undergone by anyone, regardless of skin color and hair type: people with darker hair on lighter skin are guaranteed with the best results, though. With laser hair removal, the result can only be beautiful, smooth skin for a remarkably astonishing look – this is most probably why it remains to be among the top cosmetic procedures chosen by millions of Americans.

Car Accident? Car Insurance!

By on 2-05-2014 in Employment Law

Nobody wishes to be in a car accident, but they do happen even if you are a very careful driver. Being prepared means having car insurance to help cover for possible expenses that might occur after an accident. According to the website of the Habush Law Offices, having the right car insurance can also prevent you from paying excessive amounts of compensation should serious injuries happen.

Filing a car insurance accident claim is necessary after being involved in a crash, and this is regardless of the magnitude or degree of damage that has been done. You typically have 24 hours to report the accident to your auto insurance company. If you were the victim of the accident, you must also contact the insurance provider of the person at fault for the accident. This is the reason why it is important to gather information regarding the people involved in the accident, along with the police reports and evidence. It is after your have filed a claim that the insurance company will conduct an investigation to check the extent of the damage and determine the settlement check that will be given to you for the damage and injuries you have suffered. Appealing your claim is possible if you have been denied or you do not agree with the amount. Because a denied, delayed, or insufficient settlement claim can cause financial distress, having a lawyer such as Smith Kendall PLLC, can increase chances of having a more agreeable settlement.

An accident has a great effect in your insurance premiums. Car insurance has two types: collision and comprehensive. Collision insurance covers the damages from a collision with another vehicle, and comprehensive insurance provides for damages due to collisions with animals, hit-and-run accidents, vandalism, and damages due to natural disasters. It is important to have both types of car insurance because it can be troublesome if some repair costs won’t be covered by your insurance. If you did not cause the accident, you may not be required to pay for higher premiums, but if you are the one at fault for the accident, your insurance company may increase the amount of your premiums by as much as 40% because you have become a high-risk client. Since insurance companies consider a number of factors to determine the insurance rates, it helps to be more careful on the road, and know when to file for a car insurance claim in order to keep your current policy.

Make Sure You Get Your Workers’ Compensation

By on 2-05-2014 in Employment Law

Workers’ compensation is one of the oldest types of insurance in the United States, and it is generally meant to deal with workplace injuries and cover or compensate for the damages that the worker has suffered. Worker’s compensation is a guarantee not only for the worker, but also for the company because it prevents the injured worker from filing any personal injury lawsuit against them or any worker in the company.

When a worker gets injured while on the job, regardless of who is at fault, worker’s compensation is given to the victim. It is the victim’s prerogative to file for worker’s compensation. There are instances, however, where workers are denied of their worker’s compensation following an accident. In order to ensure that this insurance benefit is given to you, here are some important tips that you can do.

Aside from gathering witness reports and reporting the incident to your company, make sure to have proper medical treatment. It helps to have proper medical attention for insurance companies to believe that your injury was significant enough for compensation. Just as important is making sure to have a clear explanation of how the injuries occurred, as well as filing the reports as accurate as possible. Make sure that the medical records you have are adequately describing the accident and injury, and give detailed reports about the incident. If you are not feeling well enough to file the report, it is advisable to wait until you are feeling better in order to better recall the details.

Make sure that the information you give are consistent; be honest since inconsistencies can only make the worker’s compensation claim shady. Lastly, get a lawyer to help you with your claims. They are very helpful in giving you advice on how to handle insurers who ask for signatures on authorization letters and possibilities of providing a recorded statement. Consulting a lawyer who understands and represents worker’s compensation claims can give you insight regarding things that may need clarification or if you need legal representation.

Overtime Disputes

By on 2-05-2014 in Employment Law

The Fair Labor Standards Act (FLSA), administered by the Wage and Hour Division of the Department of Labor, is the branch that monitors and sets the standards for basic minimum wage along with the proper rates and computations for overtime pay. It is also the one that establishes standards for child labor and recordkeeping. The FLSA and its standards are applicable to both the public and private type of employment, part-time and full-time workers, and affect more than 130 million employees.

Employers are required to pay non-exempt employees nothing lower than the basic minimum wage, with overtime pay being one and a half of their regular rate. Overtime pay is usually required for most types of jobs, but there are types of jobs that are exempted from this overtime regulation. Those exempted are generally on the high-level positions, giving it the moniker “white-collar exemptions” and making those that have what is considered “blue-collar jobs” the benefit to avail overtime pay.

FLSA regulations about wage and overtime pay can be very narrow, making it difficult to understand. Many employers and employees are not really aware of their wage and overtime pay rate, and this often lead to overtime and wage disputes. These issues often create discord and disagreements between the employer and the employees, leading many employees to take their overtime wage disputes to court.

Withholding overtime pay is considered a serious violation. This is the reason why many employees who have overtime wage disputes go to court, according to the John Melton Law Firm in Austin. Although the law is generally pro-employee, overtime wage disputes can still favor the employer. Having the right legal representative who is up-to-date regarding information on court hearings is the leading option for securing rights for appropriate wage and overtime pay.