Archive for the ‘Legal’ Category

Lawsuit Loan – Keys to Stopping Sexual Harassment in the Work-Place

Saturday, January 23rd, 2010

Perhaps you’ve been subjected to sexual harassment in the workplace and would like to provide some tips to the individual engaging in such behavior. If so, you may wish to share the following with them: (1) do not make the mistake of treating individuals in the manner that you think they wish to be treated, but treat them in the manner they wish to be treated; (2) expend some effort to determine whether the other individual is actually participating and occasionally, at least, initiating the interaction between the two of you; and (3) always beware of the need to maintain the other individual’s space, recognizing that you must first obtain their permission prior to invading that space.

Avoid touching individuals and/or standing too close to them without first asking whether they feel comfortable when you’re doing so. It is unlikely that such conduct would be appropriate unless you and the other individual are close friends prior to engaging in such conduct. Any of these activities may serve as an appropriate basis for litigation against the employer, and are very likely to be situations for which you would qualify for a lawsuit loan.

It is important to keep in mind that relationships will change over time. Simply because behavior may have been appropriate in the past does not mean that conduct is appropriate at the present time. This is oftentimes simply a matter of the way in which the relationship has changed with time. If you are uncertain, you should always ask the other individual that such conduct is appropriate at the time in which he engage therein.

For those in managerial positions, you are advised to act in a prudent fashion. Individuals in such positions should limit compliments to employees’ performance in the workplace, rather than employees’ personal appearance. Additionally, it would be a rare instance in which it would be appropriate for an individual in a managerial position to comment on other employees’ attire. You may qualify for a lawsuit loan to pursue an action against the employer due to a doctrine in law that makes the employee or, in many instances, liable for its employees’ conduct.

A lawsuit loan it may be just what you need to cover your expenses while pursuing litigation against an employer in an effort to stop such abusive behavior in the workplace!

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Train & Railroad Accidents and Railroad Employees

Saturday, January 23rd, 2010

Due to the proliferation of the automobile and the expansion of airline routes and airline availability, the railroad industry has suffered significant losses in both the amount of commuters and transportation of goods and materials. The average person would think that injuries and fatalities related to trains and railroads would remain at almost a constant low. That person would be wrong.

Every year hundreds of people die, are injured, or are exposed to debilitating chemicals while working within this industry. Now that the industry has increased its commuter services due to advances in technology, the threat of derailments, crashes, and other types of accidents rise as well.

Causes of Accidents

There are many different ways an accident can occur, but some of the more common ways an accident occurs is due to human error, defective tracks, broken or wrong signaling, or train equipment malfunction.

Railroad Employee Matters

Many workers who have been injured or exposed to harmful chemicals are unaware of the rights they have under the Federal Employers Liability Act (FELA). FELA permits the use of legal services for railroad employees in matters that require medical expenses, physical or emotional pain and suffering due to an accident or injury, or other matters involving temporary or permanent loss in the body’s normal functions. Of course, like any lawsuit, there must be significant indications that the employer was aware of a likely threat, violated specific federal regulations, or could have prevented the damage done to the victim. In cases where a vehicle illegally passes a railroad crossing and causes a wreck, he or she is at fault.

Common physical injuries that railroad employees receive are central to the spine, shoulders, knees, back, and neck. Additional ailments include exposure to asbestos, development of lung cancer, liver disease, liver cancer, and bronchitis. Some employees must be treated with emotional therapy after he or she has witnessed or gone through an accident.

Compensation for damages, whether punitive or compensatory, are dependent on the type of accident and other factors involved with the accident. If the victim lost his or her life in an accident, there are legal authorities that will work to obtain compensation for the family of the victim.

There are many steps involved with the healing process that hopefully occurs immediately after the accident. For additional resources on treatments available and to find out more about employee rights, compensation, and benefits, contact the Las Vegas personal injury lawyers of William Palmer & Associates, P.C. today.

Joseph Devine

Overcoming Hurdles to Workers Compensation

Friday, January 22nd, 2010

Workers’ compensation is a way for employers to assist employees injured at work in their recovery. In most states, every business over a particular size is required to carry workers’ compensation insurance to aid their employees. If you have been injured at work, you can work with your employer to receive the assistance you need to restore your health and return to work as quickly as possible.

Unfortunately, however, the workers’ compensation is sometimes taken advantage of. Insurance fraud is not uncommon, and workers’ compensation is prone to fraudulent claims. As a result, it can be often be difficult for people who legitimately need workers’ compensation to receive their aid to the full extent they are entitled to.

One of the most difficult obstacles for employees filing for workers’ compensation is proving that they are disabled because of their injury. One of the prerequisites for workers’ compensation is disability: in other words, workers who can return to work after their injury are frequently not considered in need of workers’ compensation. In some cases, however, workers who legitimately need the assistance are denied it because of minor technicalities, or simply just a weak case.

With the help of a lawyer, you can create a strong case for your workers’ compensation assistance. It can be difficult to receive the full help you need, but with the aid of a knowledgeable workers’ compensation attorney, you can dramatically better your chances and avoid unnecessary and costly medical bills. You shouldn’t have to pay the cost of a debilitating injury simply because your case was turned down the first time.

The Philadelphia workers’ compensation lawyers of Lowenthal & Abrams, PC have decades of experience between them in compensation cases of all kinds. No matter how complex your case may be, the compassionate lawyers at Lowenthal & Abrams can work with you. To learn more and to speak to a lawyer, contact Lowenthal & Abrams today.

Joseph Devine

Federal Disability Retirement Under FERS and CSRS

Friday, January 22nd, 2010

Federal and Postal employees sign onto a “compensation package” when they become employees of the Federal Government or the U.S. Postal Service. Regardless of which agency of the Federal Government an individual works for, an employee of the Federal Government or the U.S. Postal Service is under one of two basic systems: FERS – an acronym for “Federal Employees Retirement Systems” – essentially those employees first hired after December 31, 1983; or CSRS – standing for “Civil Service Retirement System” — those pre-1983 employees. There are some intertwining “cross-overs”, termed as “CSRS Offset”, etc., but for our purposes in discussing Federal Disability Retirement benefits, it is sufficient to simply identify the two main generic designations.

Whether under FERS, CSRS, or CSRS offset, every Federal and Postal employee has multiple benefits when becoming an employee of a Federal Agency or the U.S. Postal Service: salary; health insurance options; life insurance options; Thrift Savings Plan (TSP) contributions; FECA (Federal Employees’ Compensation Act) rights – essentially, the Federal Form of Worker’s Compensation; and Federal Disability Retirement benefits under FERS or CSRS.

Of course, when an individual first becomes employed by the Federal Government or the U.S. Postal Service, it is rare that one takes much notice about the latter two “benefits” as part of the total compensation package. For, how many employees would ask their potential employers about the laws governing employee benefits available if injured on the job, or more rarely, benefits allowable if a person becomes medically disabled from being able to perform one or more of the essential elements of one’s job?

It becomes of great importance, however, when a medical condition begins to impact one’s ability to perform the job that one became employed for, with the Federal Government or the U.S. Postal Service. In such a case, what one doesn’t know, can indeed hurt you. Since you only have one (1) year from time you are separated from Federal Service to file for Federal Disability Retirement benefits under FERS or CSRS, it is important to know your rights. Furthermore, because it is not your agency which determines whether or not you are eligible for Federal Disability, but rather the Office of Personnel Management who reviews and determines whether or not you are approved or disapproved, it is important to have the proper legal representation to secure your financial future.

There are multiple issues governing the preparation and submission of a Federal Disability Retirement Application, including: completion of the proper and necessary Standard Forms; the gathering of the proper medical documentation in order to meet the legal eligibility criteria and prove by a preponderance of the evidence that you are eligible; citation of the proper legal authorities in order to persuade the Office of Personnel Management that you meet the necessary criteria; and overcoming any objections concerning “reasonable accommodations” that the Federal Agency or the U.S. Postal Service often alleges, and which can create one of multiple stumbling blocks in the path to obtaining Federal Disability Retirement benefits under FERS or CSRS.

The author has worked for the U.S. Government for many years, and he is now on Federal Disability Retirement. Hiring an OPM Lawyer is one of the most important decisions you will make in your life if you suddenly become ill or are injured while working for the US Government.

State Labor Laws in West Virginia

Friday, January 22nd, 2010

West Virginia is a very popular state which is located in the Appalachian and Mid-Atlantic regions of the United States. It is surrounded by Virginia from the southeast, Kentucky from the southwest, Ohio from the northwest, and Pennsylvania and Maryland from the northeast. The working conditions in this state are very favorable.

Some of the state labor laws which are applicable in West Virginia are as follows:

1. Labor law poster
According to the employment law each owner is required to post mandatory West Virginia labor law posters in the organization so that the workers may know their rights. They must publish accurate posters which must include information related to minimum wage, health and safety protection, minimum wage, unemployment insurance and worker right notices.

2. Hiring
According to federal law an employer cannot hire employees on the basis of on the basis of age, color, creed, ancestry, arrest record, disability, marital status, nationality, race, sex etc. There should be equal treatment for each and every one.

3. Employment at will
In West Virginia, at-will employees may be terminated for any reason, so long as it is not illegal. The law is related to the contract and hence you will have to follow the contract. If you will not follow the contract then only you will be affected by this rule.

4. Work place injury
The owner is responsible for nay kind of injury that may occur at work place. If a worker dies then his or her dependents may also be entitled to benefits.

5. Work place safety
According to federal and state law an employer is responsible for providing the best working condition to the employee. Each owner must comply with occupational safety and health standards, rules, regulations and orders issued as per the laws. If you will not provide the best working condition then you will be questioned by the employee.

6. Harassment
If you will be found guilty for any kind of harassment then you will definitely be punished very badly. This is made the law to make sure that the women are well protected in all the companies.

7. Minimum wage
Every employer shall pay to each worker a rate not less than $7.25 per hour. An employer may implement a 90 days training wage of $5.15 per hour for persons under 20 years of age when specific conditions are met.

Well, I hope now you have a good idea of some important state labor laws.

Looking for State Labor Law Law? Find out more about Virginia State Labor Law