Frequently asked questions about workers' compensation.
What's Below:
What is workers' compensation?
Who pays workers' compensation benefits?
Are all on-the-job injuries covered by workers' compensation?
Does workers' compensation cover only injuries, or does it also cover long-term problems and illnesses?
Do I have to be injured at my workplace to be covered by workers' compensation?
What kind of benefits will I receive?
Can I be treated by my own doctor and, if not, can I trust a doctor provided by my employer?
If I am initially treated by an insurance company doctor, do I have a right to see my own doctor at some point?
Can I ever sue my employer in court over a work-related injury?
What if my employer tells me not to file a workers' compensation claim or threatens to fire me if I do?
What is workers' compensation?
Workers' compensation is a state-mandated insurance program that provides compensation to employees who suffer job-related injuries. An injured employee gets the benefits regardless of who was at fault -- the employee, the employer, a co-worker, a customer or some other third party. In exchange for these guaranteed benefits, the employees usually do not have the right to sue the employer in court for damages for the injuries.
Who pays workers' compensation benefits?
In most states, employers are required to purchase insurance for their employees from a workers' compensation insurance company -- also called an insurance carrier. However, in some states, smaller companies (with fewer than three or four employees) are not required to carry workers' compensation insurance. In some states, larger employers who are clearly solvent are allowed to self-insure, or act as their own insurance companies.
When a worker is injured, his or her claim is filed with the insurance company -- or self-insuring employer -- who pays medical and disability benefits according to a state-approved formula.
Are all on-the-job injuries covered by workers' compensation?
Most are. The workers' compensation system is designed to provide benefits to injured workers, even if an injury is caused by the employer's or employee's carelessness. But there are some limits. Generally, injuries that happen because an employee is intoxicated or using illegal drugs are not covered by workers' compensation. Coverage may also be denied in situations involving:
* self-inflicted injuries (including those caused by a person who starts a fight)
* injuries suffered while a worker was committing a serious crime
* injuries suffered while an employee was not on the job, and
* injuries suffered when an employee's conduct violated company policy.
Does workers' compensation cover only injuries, or does it also cover long-term problems and illnesses?
Your injury need not be caused by an accident -- such as a fall from a ladder -- to be covered by workers' compensation. Many workers, for example, receive compensation for repetitive stress injuries, including carpal tunnel syndrome and back problems, that are caused by overuse or misuse over a long period of time. You may also be compensated for some illnesses and diseases that are the gradual result of work conditions -- for example, heart conditions, lung disease and stress-related digestive problems.
Are You Covered by Workers' Compensation?
Most workers are eligible for workers' compensation coverage, but every state excludes some workers. Exclusions often include:
* business owners
* independent contractors
* casual workers
* domestic employees in private homes
* farm workers
* maritime workers
* railroad employees, and
* unpaid volunteers.
Federal government employees are also excluded from state workers' compensation coverage, but they receive workers' compensation benefits under a separate federal law.
In addition, about one-third of the states do not require workers' compensation coverage of employers having fewer than a designated number of employees -- three to five, depending on the state. So, if you work for one of these employers, you may be excluded from the state program.
Do I have to be injured at my workplace to be covered by workers' compensation?
No. As long as your injury is job-related, it's covered. For example, you'll be covered if you are injured while traveling on business, doing a work-related errand or even attending a required business-related social function.
What kind of benefits will I receive?
The workers' compensation system provides replacement income, medical expenses and sometimes vocational rehabilitation benefits -- that is, on the job training, schooling or job placement assistance. The benefits paid through workers' compensation, however, are almost always relatively modest.
If you become temporarily unable to work, you'll usually receive two-thirds of your average wage up to a fixed ceiling. But because these payments are tax-free, if you received decent wages prior to your injury, you'll fare reasonably well in most states. You will be eligible for these wage-loss replacement benefits as soon as you've lost a few days of work because of an injury or illness that is covered by workers' compensation.
If you become permanently unable to do the work you were doing prior to the injury, or unable to do any work at all, you may be eligible to receive long-term or lump-sum benefits. The amount of the payment will depend on the nature and extent of your injuries. If you anticipate a permanent work disability, contact your local Workers' Compensation office as soon as possible; these benefits are rather complex and may take a while to process.
Social Security Benefits for the Permanently Disabled
If you're permanently unable to return to work, you may qualify for Social Security Disability benefits. Social Security will, over the long run, provide more benefits than workers' compensation -- but be forewarned that these benefits are hard to get. They are reserved for seriously injured workers. To qualify, your injury or illness:
* must prevent you from doing any "substantial gainful work," and
* must be expected to last at least twelve months, or to result in death.
If you think you may meet the above requirements, contact your local Social Security office.
Can I be treated by my own doctor and, if not, can I trust a doctor provided by my employer?
In some states, you have a right to see your own doctor if you make this request in writing before the injury occurs. More typically, however, injured workers are referred to a doctor recruited and paid for by their employers.
Your doctor's report will have a big impact upon the benefits you receive. While it's crucial that you tell the doctor the truth about both your injury and your medical history (your benefits may be denied based on fraud if you don't), be sure to clearly identify all possible job-related medical problems and sources of pain. This is no time to downplay or gloss over your injuries.
Keep in mind that a doctor paid for by your employer's insurance company is not your friend. The desire to get future business from your employer or the insurance company may motivate a doctor to minimize the seriousness of your injury or to identify it as a pre-existing condition. For example, if you injure your back and the doctor asks you if you have ever had back problems before, it would be unwise to treat the doctor to a 20-year history of every time you suffered a minor pain or ache. Just say "no" unless you really have suffered a significant previous injury or chronic condition.
If I am initially treated by an insurance company doctor, do I have a right to see my own doctor at some point?
State workers' compensation systems establish technical and often tricky rules in this area. Often, you have the right to ask for another doctor at the insurance company's expense if you clearly state that you don't like the one the insurance company provides, although there is sometimes a waiting period before you can get a second doctor. Also, if your injury is serious, you usually have the right to a second opinion. And in some states, after you are treated by an insurance company's doctor for a certain period (90 days is typical), you may have the automatic right to transfer your treatment to your own doctor or health plan, while the worker's compensation insurance company continues to pay the bill. Because the insurance company is paying, don't hesitate to go to a doctor who specializes in your injury or illness -- even if the cost is great.
To understand your rights, get a copy of your state's rules or, if necessary, research your state workers' compensation laws and regulations in the law library.
Can I ever sue my employer in court over a work-related injury?
Yes. If you are injured because of some reckless or intentional action on the part of your employer, you can bypass the workers' compensation system and sue your employer in court for a full range of damages, including punitive damages, pain and suffering and mental anguish.
What if my employer tells me not to file a workers' compensation claim or threatens to fire me if I do?
In most states, it is a violation of the workers' compensation laws to retaliate against an employee for filing a workers' compensation claim. If this happens, immediately report it to your local workers' compensation office.
http://www.flaxmanandlopez.com/lawyer-attorney-858B36BB-80C1-457B-9965650A58176C14.html
Tuesday, June 12, 2007
Traffic Accidents FAQ
If you've been in an accident, this article tells you what to do and answers your questions about liability, proof, and insurance.
What's Below:
What should I do if I'm involved in a traffic accident?
What determines who is responsible for a traffic accident?
What if the cause of a traffic accident is not clear?
In a traffic accident, how can I help prove to an insurance company that the other driver was at fault?
Can I be found liable if my car is rear-ended in a crash?
Besides rear-end collisions, are there any clear patterns of liability in traffic accidents?
What should I do if I'm involved in a traffic accident?
The most important thing you can do is to document the entire situation by taking careful notes soon after your accident. While this step is often overlooked, it can help make the entire claim process easier on you -- and increase your chances of receiving all the compensation to which you are entitled. Having notes to remind you of all the details of what happened, and what you went through, is far easier and far more accurate than relying on your memory.
Write things down as soon as you can: begin with what you were doing and where you were going, the people you were with, the time and the weather. Include every detail of what you saw, heard and felt. Be sure to add anything you remember hearing anyone -- a person involved in the accident or a witness -- say about the accident.
Finally, make daily notes of the effects of your injuries. You may suffer pain, discomfort, anxiety, loss of sleep or other problems which are not as visible or serious as another injury, but for which you should demand additional compensation. These notes can be very useful two or six or ten months later, when you put together all the important facts into a final demand for compensation.
Reporting to the Department of Motor Vehicles
Many states have laws requiring that people involved in a vehicle accident resulting in physical injury or a certain amount of property damage report that accident in writing to the state's department of motor vehicles. Check with your insurance agent or your local department of motor vehicles to find out the time limits for filing this report; you often have just a few days. Be sure to ask whether you'll need any specific form for the report.
If you must file a report, and the report asks for a statement about how the accident occurred, give only a very brief statement -- and admit no responsibility for the accident. Similarly, if the official form asks what your injuries are, list every injury and not just the most serious or obvious. An insurance company could later have access to the report, and if you have admitted some fault in it, or failed to mention an injury, you might run into some trouble explaining yourself.
What determines who is responsible for a traffic accident?
Figuring out who is at fault in a traffic accident is a matter of deciding who was careless. And for vehicle accidents, there is a set of official written rules telling people how they are supposed to drive and providing guidelines by which liability may be measured. These rules of the road are the traffic laws everyone must learn to pass the driver's license test. Complete rules are contained in each state's Vehicle Code, and they apply not only to automobiles but also to motorcycles, bicycles and pedestrians.
Sometimes a violation of one of these traffic rules is obvious and was clearly the cause of an accident -- for example, when one driver runs a stop sign and crashes into another. In other situations, whether or not there was a violation will be less obvious -- a common example is a crash that occurs when drivers merge into a single lane of traffic. And at other times, there may have been a traffic violation that had no part in causing the accident, and therefore should not affect who is liable.
What if the cause of a traffic accident is not clear?
It is sometimes difficult to say that one particular act caused an accident. This is especially true if what you claim the other driver did is vague or seems minor. But if you can show that the other driver made several minor driving errors or committed several minor traffic violations, then you can argue that the combination of those actions caused the accident.
Special Rules for No-Fault Policyholders
Almost half the states have some form of no-fault auto insurance, also called personal injury protection. In general, no-fault coverage eliminates injury liability claims and lawsuits in smaller accidents in exchange for direct payment by the injured person's own insurance company of medical bills and lost wages -- up to certain dollar amounts -- regardless of who was at fault for the accident. No-fault coverage often does not apply at all to vehicle damage; those claims are still handled by filing a liability claim against the one who is responsible for the accident, or by looking to your own collision insurance.
In a traffic accident, how can I help prove to an insurance company that the other driver was at fault?
One place to look for support for your argument that the other driver was at fault is in the laws that govern driving in your state -- usually called the Vehicle Code. A simplified version of these laws, sometimes called "The Rules of the Road," is often available at your local department of motor vehicles office. The complete Vehicle Code is also available at many local department of motor vehicles offices, most public libraries and all law libraries; there is a law library at or near every courthouse and at all law schools.
In the index at the end of the last volume of the Vehicle Code are references to many rules of the road, one or more of which might apply to your accident. A librarian may be willing to help you with your search, so don't be afraid to ask. If you believe a rule might apply to your accident, copy not only its exact wording but also the Vehicle Code section number so that you can refer to it when you negotiate a settlement of your claim.
Can I be found liable if my car is rear-ended in a crash?
If someone hits you from behind, the accident is virtually always that driver's fault, regardless of the reason you stopped. A basic rule of the road requires that a driver be able to stop safely if a vehicle stops ahead of the driver. If the driver cannot stop, he is not driving as safely as the person in front of him.
The other surefire part of rear-end accident claims is that the vehicle damage proves how the accident happened. If the other car's front end and your car's rear end are both damaged, there can be no doubt that you were struck from the rear.
In some situations, both you and the car behind you will be hit when a third car runs into the car behind you and pushes it into the rear of your car. In that case, it is the driver of the third car who is at fault and against whose liability insurance you would file a claim.
Back to top
Besides rear-end collisions, are there any clear patterns of liability in traffic accidents?
A car making a left turn is almost always liable to a car coming straight in the other direction. Exceptions to this near-automatic liability can occur if:
* the car going straight was going too fast (this is usually difficult to prove)
* the car going straight went through a red light, or
* the left-turn car began its turn when it was safe but something unexpected happened which made it have to slow down or stop its turn.
Whatever the contributing factors, the law says the car making the left turn must wait until it can safely complete the turn before moving in front of oncoming traffic. Also, the location of the damage on the cars sometimes makes it difficult for the other driver to argue that the accident happened in some way other than during a left turn. So, if you have had an accident in which you ran into someone who was making a left turn in front of you, almost all other considerations of fault go out the window and the other driver is nearly always liable.
http://www.flaxmanandlopez.com/lawyer-attorney-6B2EE6CB-05E3-4F51-A5CC59140D47D021.html
What's Below:
What should I do if I'm involved in a traffic accident?
What determines who is responsible for a traffic accident?
What if the cause of a traffic accident is not clear?
In a traffic accident, how can I help prove to an insurance company that the other driver was at fault?
Can I be found liable if my car is rear-ended in a crash?
Besides rear-end collisions, are there any clear patterns of liability in traffic accidents?
What should I do if I'm involved in a traffic accident?
The most important thing you can do is to document the entire situation by taking careful notes soon after your accident. While this step is often overlooked, it can help make the entire claim process easier on you -- and increase your chances of receiving all the compensation to which you are entitled. Having notes to remind you of all the details of what happened, and what you went through, is far easier and far more accurate than relying on your memory.
Write things down as soon as you can: begin with what you were doing and where you were going, the people you were with, the time and the weather. Include every detail of what you saw, heard and felt. Be sure to add anything you remember hearing anyone -- a person involved in the accident or a witness -- say about the accident.
Finally, make daily notes of the effects of your injuries. You may suffer pain, discomfort, anxiety, loss of sleep or other problems which are not as visible or serious as another injury, but for which you should demand additional compensation. These notes can be very useful two or six or ten months later, when you put together all the important facts into a final demand for compensation.
Reporting to the Department of Motor Vehicles
Many states have laws requiring that people involved in a vehicle accident resulting in physical injury or a certain amount of property damage report that accident in writing to the state's department of motor vehicles. Check with your insurance agent or your local department of motor vehicles to find out the time limits for filing this report; you often have just a few days. Be sure to ask whether you'll need any specific form for the report.
If you must file a report, and the report asks for a statement about how the accident occurred, give only a very brief statement -- and admit no responsibility for the accident. Similarly, if the official form asks what your injuries are, list every injury and not just the most serious or obvious. An insurance company could later have access to the report, and if you have admitted some fault in it, or failed to mention an injury, you might run into some trouble explaining yourself.
What determines who is responsible for a traffic accident?
Figuring out who is at fault in a traffic accident is a matter of deciding who was careless. And for vehicle accidents, there is a set of official written rules telling people how they are supposed to drive and providing guidelines by which liability may be measured. These rules of the road are the traffic laws everyone must learn to pass the driver's license test. Complete rules are contained in each state's Vehicle Code, and they apply not only to automobiles but also to motorcycles, bicycles and pedestrians.
Sometimes a violation of one of these traffic rules is obvious and was clearly the cause of an accident -- for example, when one driver runs a stop sign and crashes into another. In other situations, whether or not there was a violation will be less obvious -- a common example is a crash that occurs when drivers merge into a single lane of traffic. And at other times, there may have been a traffic violation that had no part in causing the accident, and therefore should not affect who is liable.
What if the cause of a traffic accident is not clear?
It is sometimes difficult to say that one particular act caused an accident. This is especially true if what you claim the other driver did is vague or seems minor. But if you can show that the other driver made several minor driving errors or committed several minor traffic violations, then you can argue that the combination of those actions caused the accident.
Special Rules for No-Fault Policyholders
Almost half the states have some form of no-fault auto insurance, also called personal injury protection. In general, no-fault coverage eliminates injury liability claims and lawsuits in smaller accidents in exchange for direct payment by the injured person's own insurance company of medical bills and lost wages -- up to certain dollar amounts -- regardless of who was at fault for the accident. No-fault coverage often does not apply at all to vehicle damage; those claims are still handled by filing a liability claim against the one who is responsible for the accident, or by looking to your own collision insurance.
In a traffic accident, how can I help prove to an insurance company that the other driver was at fault?
One place to look for support for your argument that the other driver was at fault is in the laws that govern driving in your state -- usually called the Vehicle Code. A simplified version of these laws, sometimes called "The Rules of the Road," is often available at your local department of motor vehicles office. The complete Vehicle Code is also available at many local department of motor vehicles offices, most public libraries and all law libraries; there is a law library at or near every courthouse and at all law schools.
In the index at the end of the last volume of the Vehicle Code are references to many rules of the road, one or more of which might apply to your accident. A librarian may be willing to help you with your search, so don't be afraid to ask. If you believe a rule might apply to your accident, copy not only its exact wording but also the Vehicle Code section number so that you can refer to it when you negotiate a settlement of your claim.
Can I be found liable if my car is rear-ended in a crash?
If someone hits you from behind, the accident is virtually always that driver's fault, regardless of the reason you stopped. A basic rule of the road requires that a driver be able to stop safely if a vehicle stops ahead of the driver. If the driver cannot stop, he is not driving as safely as the person in front of him.
The other surefire part of rear-end accident claims is that the vehicle damage proves how the accident happened. If the other car's front end and your car's rear end are both damaged, there can be no doubt that you were struck from the rear.
In some situations, both you and the car behind you will be hit when a third car runs into the car behind you and pushes it into the rear of your car. In that case, it is the driver of the third car who is at fault and against whose liability insurance you would file a claim.
Back to top
Besides rear-end collisions, are there any clear patterns of liability in traffic accidents?
A car making a left turn is almost always liable to a car coming straight in the other direction. Exceptions to this near-automatic liability can occur if:
* the car going straight was going too fast (this is usually difficult to prove)
* the car going straight went through a red light, or
* the left-turn car began its turn when it was safe but something unexpected happened which made it have to slow down or stop its turn.
Whatever the contributing factors, the law says the car making the left turn must wait until it can safely complete the turn before moving in front of oncoming traffic. Also, the location of the damage on the cars sometimes makes it difficult for the other driver to argue that the accident happened in some way other than during a left turn. So, if you have had an accident in which you ran into someone who was making a left turn in front of you, almost all other considerations of fault go out the window and the other driver is nearly always liable.
http://www.flaxmanandlopez.com/lawyer-attorney-6B2EE6CB-05E3-4F51-A5CC59140D47D021.html
Proving Fault in Slip and Fall Accidents
These guidelines will help you determine who is responsible if you slip or trip and fall on someone else's property.
Many thousands of people are injured each year -- some very seriously -- when they slip or trip and fall on a dangerous floor, a flight of stairs or a rough patch of ground. If you have been injured in this way, first consider that it is a normal part of living for things to fall or to drip on a floor or the ground, and for smooth surfaces to become uneven. Also, some things put in the ground -- a drainage grate, for example -- serve a useful purpose there. Therefore, someone who owns or occupies property cannot always be held responsible for immediately picking up or cleaning every slippery substance on a floor. Nor is a property owner always responsible for someone slipping or tripping on something that an ordinary person should expect to find there or should see and avoid. We all have an obligation to watch where we're going.
There is no precise way to determine when someone else is legally responsible for something on which you slip or trip. Each case turns on whether the property owner acted carefully so that slipping or tripping was not likely to happen -- and whether you were careless in not seeing or avoiding the thing you fell on. Here are some general rules to help you decide whether someone else was at fault for your slip or trip and fall injury.
Determining a Property or Business Owner's Liability
To be legally responsible for the injuries you suffered from slipping or tripping and falling on someone else's property, the owner of the premises or the owner's employee:- must have caused the spill, worn or torn spot, or other slippery or dangerous surface or item, to be underfoot
- must have known of the dangerous surface but did nothing about it, or
- should have known of the dangerous surface because a "reasonable" person taking care of the property would have discovered and removed or repaired it.
Reasonable Care of Property
In determining a property owner's "reasonableness," the law concentrates on whether the owner makes regular and thorough efforts to keep the property safe and clean. Here are some initial questions you can ask to determine whether a property or business owner may be liable for your slip or trip and fall injuries:- If you tripped over a torn, broken or bulging area of carpet, floor or ground, or slipped on a wet or loose area, had the dangerous spot been there long enough so that the owner should have known about it?
- Does the property owner have a regular procedure for examining and cleaning or repairing the premises? If so, what is it and what proof does the owner have of this regular maintenance?
- If you tripped over or slipped on an object someone had placed or left on or in the floor or ground, was there a legitimate reason for the object to be there?
- If there once had been a good reason for the object to be there but that reason no longer exists, could the object have been removed or covered or otherwise made safe?
- Was there a safer place the object could have been located, or placed in a safer manner, without much greater inconvenience or expense to the property owner or operator?
- Could a simple barrier have been created or warning given to prevent people from slipping or tripping?
- Did poor or broken lighting contribute to the accident?
Consider Your Own Carelessness
In almost every slip or trip and fall case, you must decide whether your carelessness contributed to the accident. The rules of "comparative negligence" help measure your own reasonableness in going where you did, in the way you did, just before the accident happened. There are some questions you should ask yourself about your own conduct -- an insurance adjuster will almost certainly ask them after you file your claim.- Did you have a legitimate reason -- a reason the owner should have anticipated -- for being where the dangerous ground was?
- Should a careful person have noticed the dangerous spot and avoided it, or walked carefully enough not to slip or trip?
- Were there any warnings that the spot might be dangerous?
- Were you doing anything that distracted you from paying attention to where you were going, or were you running, jumping or fooling around in a way that made falling more likely?
http://www.flaxmanandlopez.com/lawyer-attorney-71D3882B-20BE-4513-8CE8772EB0CEE755.html
Proving Fault for Defective Product Injuries
If you've been injured by a dangerous consumer product, you may have an easier time recovering compensation for your injuries than those who are injured in other ways. Here's why.
A lot of people have heard tell of exploding car tires or soda bottles, and while most product defects do not make their appearance quite so dramatically, defective or dangerous products are the cause of many thousands of injuries every year. "Product liability" -- the legal rules concerning who is responsible for defective or dangerous products -- is different from ordinary injury liability law, and this set of rules sometimes makes it easier for an injured person to recover damages.
Strict Liability Defined
Ordinarily, to hold someone liable for your injuries, you must show that they were careless -- that is, negligent -- and that their carelessness led to the accident. With products sold to the general public, however, it would be extremely difficult and prohibitively expensive for one individual to have to show how and when a manufacturer was careless in making a particular product. Neither can the consumer be expected to prove whether the seller or renter of the product had a proper system for checking for manufacturer's defects, or whether the seller was the cause of the defect after receiving the product from the maker. Nor, finally, can a consumer be expected to check each product before using it to see if it is defective or dangerous.
For all these reasons, the law has developed a set of rules known as "strict liability" that allows a person injured by a defective or unexpectedly dangerous product to recover compensation from the maker or seller of the product - without showing that the manufacturer or seller was actually negligent.
Here's how strict liability works: If you have been injured by a consumer product, you are entitled to compensation from the manufacturer or from the business that sold or rented the product directly to you. Strict liability operates against a non-manufacturer who sold or rented a product only if it is in the business of regularly selling or renting those particular kinds of products. In other words, if you bought something at a flea market stall, garage sale or thrift store that sells all kinds of things but not any one type of item on a regular basis, strict liability may not apply.
Rules of Strict Liability
Regardless of what steps a manufacturer or seller says it takes in making and handling a consumer product, you can make a strict liability claim -- without showing any carelessness on the part of the manufacturer or seller -- if all three of the following conditions exist:
1. The product had an "unreasonably dangerous" defect that injured you as a user or consumer of the product. The defect can come into existence either in the design of the product, during manufacture, or during handling or shipment.
2. The defect caused an injury while the product was being used in a way that it was intended to be used.
3. The product had not been substantially changed from the condition in which it was originally sold. "Substantially" means in a way that affects how the product performs.
States With a Slightly Different Rule
To recover compensation for your injuries in Delaware, Massachusetts, Michigan, North Carolina or Virginia, you are theoretically required to show that the manufacturer or seller was negligent in making or selling a defective or dangerous product.
However, these states have an additional rule that has the same practical effect as strict liability and makes the injury claim process proceed in virtually the same way. This rule is called by the Latin name "res ipsa loquitur" which means "the thing speaks for itself." It holds that if a product that has a dangerous defect is sold or rented, the defect speaks for itself that someone in the manufacturing , selling or renting process must have been negligent - or else the defect would not be there.
In these states, as in all others, you must show that a defect existed and that it caused an accident. If you can do so, you are entitled to compensation for your injuries.
If You Were Aware of the Defect
Manufacturers and sellers have a defense to claims of strict liability that may be particularly important if you have owned the product for a while. That is, you may not be able to claim strict liability if you knew about the defect but continued to use the product. If it appears -- either from the condition of the product (which the manufacturer's or seller's insurance company will have a right to examine) or from your description of your use of the product -- that you were aware of the defect before the accident but used the product anyway, you may have given up your right to claim injury damages.
http://www.flaxmanandlopez.com/lawyer-attorney-6C19A614-5610-4275-A8BFB69531FB4071.html
A lot of people have heard tell of exploding car tires or soda bottles, and while most product defects do not make their appearance quite so dramatically, defective or dangerous products are the cause of many thousands of injuries every year. "Product liability" -- the legal rules concerning who is responsible for defective or dangerous products -- is different from ordinary injury liability law, and this set of rules sometimes makes it easier for an injured person to recover damages.
Strict Liability Defined
Ordinarily, to hold someone liable for your injuries, you must show that they were careless -- that is, negligent -- and that their carelessness led to the accident. With products sold to the general public, however, it would be extremely difficult and prohibitively expensive for one individual to have to show how and when a manufacturer was careless in making a particular product. Neither can the consumer be expected to prove whether the seller or renter of the product had a proper system for checking for manufacturer's defects, or whether the seller was the cause of the defect after receiving the product from the maker. Nor, finally, can a consumer be expected to check each product before using it to see if it is defective or dangerous.
For all these reasons, the law has developed a set of rules known as "strict liability" that allows a person injured by a defective or unexpectedly dangerous product to recover compensation from the maker or seller of the product - without showing that the manufacturer or seller was actually negligent.
Here's how strict liability works: If you have been injured by a consumer product, you are entitled to compensation from the manufacturer or from the business that sold or rented the product directly to you. Strict liability operates against a non-manufacturer who sold or rented a product only if it is in the business of regularly selling or renting those particular kinds of products. In other words, if you bought something at a flea market stall, garage sale or thrift store that sells all kinds of things but not any one type of item on a regular basis, strict liability may not apply.
Rules of Strict Liability
Regardless of what steps a manufacturer or seller says it takes in making and handling a consumer product, you can make a strict liability claim -- without showing any carelessness on the part of the manufacturer or seller -- if all three of the following conditions exist:
1. The product had an "unreasonably dangerous" defect that injured you as a user or consumer of the product. The defect can come into existence either in the design of the product, during manufacture, or during handling or shipment.
2. The defect caused an injury while the product was being used in a way that it was intended to be used.
3. The product had not been substantially changed from the condition in which it was originally sold. "Substantially" means in a way that affects how the product performs.
States With a Slightly Different Rule
To recover compensation for your injuries in Delaware, Massachusetts, Michigan, North Carolina or Virginia, you are theoretically required to show that the manufacturer or seller was negligent in making or selling a defective or dangerous product.
However, these states have an additional rule that has the same practical effect as strict liability and makes the injury claim process proceed in virtually the same way. This rule is called by the Latin name "res ipsa loquitur" which means "the thing speaks for itself." It holds that if a product that has a dangerous defect is sold or rented, the defect speaks for itself that someone in the manufacturing , selling or renting process must have been negligent - or else the defect would not be there.
In these states, as in all others, you must show that a defect existed and that it caused an accident. If you can do so, you are entitled to compensation for your injuries.
If You Were Aware of the Defect
Manufacturers and sellers have a defense to claims of strict liability that may be particularly important if you have owned the product for a while. That is, you may not be able to claim strict liability if you knew about the defect but continued to use the product. If it appears -- either from the condition of the product (which the manufacturer's or seller's insurance company will have a right to examine) or from your description of your use of the product -- that you were aware of the defect before the accident but used the product anyway, you may have given up your right to claim injury damages.
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Preserve Evidence of Fault and Damages
Act quickly to protect evidence and find witnesses who can help you prove your case to an insurance company.
The first few days immediately following an accident are often the most important for finding and preserving evidence of what happened -- and documenting your injuries. You should take the following steps as soon as you are able.
Return to the Scene
If an accident occurred somewhere other than in your home, return to the scene as soon as possible to locate any evidence and photograph any conditions you believe may have caused or contributed to the accident. You may be amazed to find something you were not aware of when the accident occurred but which may help explain what happened: a worn or torn spot on which you fell, a traffic light that isn't working. And while looking around, you may also find someone who saw what happened, or who knows of other accidents which have happened in the same spot.
Take photographs of the accident scene from a number of different angles -- particularly your view of things right before the accident -- to keep a good picture of it in your mind and to give to the insurance company later on to indicate how well prepared you are to get the settlement you deserve. Photograph the scene at the same time of day as your accident occurred, and for vehicle accidents, the same day of the week, to show the appropriate amount of traffic.
Protect Physical Evidence
Who was at fault for an accident is sometimes shown by a piece of "physical" evidence -- something you can see or touch, as opposed to a description of what happened. Examples include a broken stair that caused a fall, the dent in a car showing where it was hit or an overhanging branch that blocked visibility on a bike path. Also, physical evidence can help prove the extent of an injury: Damage to the car can demonstrate how hard a collision was, and torn or bloodied clothing can show your physical injuries very dramatically. Try to preserve any physical evidence exactly as it was at the accident. If you can't preserve the actual object, take photographs of it. You can later show your evidence to an insurance company as proof of what happened.
Taking Good Photographs
If you do not have a piece of physical evidence, or for any reason cannot preserve it, the next best option is to photograph it. Regular photos are better than Polaroids. They usually show greater detail and more accurate light conditions. Take a number of photos from different angles so that you can later pick out the ones that show most clearly whatever it is you want to highlight to the insurance company.
Take the photos as soon as possible so that they will accurately represent the condition of the evidence immediately after the accident. To establish the date the photos were taken, ask a friend to both watch you take the pictures and to write a short note stating that he or she observed you taking the pictures on that date. Also, get the film developed immediately and make sure the photo shop indicates the date on the back of the prints, or at least on your receipt.
Locate Witnesses
A witness to an accident can be immensely valuable to you in making your case to an insurance company. Witnesses may be able to describe things about an accident that confirm what you believe happened, backing up your story. And they may provide you with information you were not aware of but which shows how the other person was at fault. Even a witness who did not actually see the accident may have seen you soon after you were injured and can confirm that you were in pain or discomfort. Or, a witness may have heard a statement made by another person involved in the accident indicating that someone other than you was at fault.
However, time is of the essence. If witnesses are not contacted and their information confirmed fairly soon after the accident, what they have to say may be lost. People's memories fade quickly, and soon their recollections may become so fuzzy that they are no longer useful. Also, a witness might no longer be around if you wait too long; people move frequently.
Document Your Injuries
In addition to taking the notes mentioned above, the best ways to preserve evidence of your injuries are by promptly reporting all of them to a doctor or other medical provider, and by photographing any visible marks, cuts, bruises or swelling, including any casts, splints, bandages or other devices. Without an early medical record of all your injuries, and photos if possible, it will be more difficult to later convince an insurance company that you were injured in the ways and to the degree you claim you were. Visible injuries heal and will not look as serious later, and failing to seek immediate treatment can lead an insurance company to believe that your injuries were not so serious, or even that you invented or exaggerated them after the accident.
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The first few days immediately following an accident are often the most important for finding and preserving evidence of what happened -- and documenting your injuries. You should take the following steps as soon as you are able.
Return to the Scene
If an accident occurred somewhere other than in your home, return to the scene as soon as possible to locate any evidence and photograph any conditions you believe may have caused or contributed to the accident. You may be amazed to find something you were not aware of when the accident occurred but which may help explain what happened: a worn or torn spot on which you fell, a traffic light that isn't working. And while looking around, you may also find someone who saw what happened, or who knows of other accidents which have happened in the same spot.
Take photographs of the accident scene from a number of different angles -- particularly your view of things right before the accident -- to keep a good picture of it in your mind and to give to the insurance company later on to indicate how well prepared you are to get the settlement you deserve. Photograph the scene at the same time of day as your accident occurred, and for vehicle accidents, the same day of the week, to show the appropriate amount of traffic.
Protect Physical Evidence
Who was at fault for an accident is sometimes shown by a piece of "physical" evidence -- something you can see or touch, as opposed to a description of what happened. Examples include a broken stair that caused a fall, the dent in a car showing where it was hit or an overhanging branch that blocked visibility on a bike path. Also, physical evidence can help prove the extent of an injury: Damage to the car can demonstrate how hard a collision was, and torn or bloodied clothing can show your physical injuries very dramatically. Try to preserve any physical evidence exactly as it was at the accident. If you can't preserve the actual object, take photographs of it. You can later show your evidence to an insurance company as proof of what happened.
Taking Good Photographs
If you do not have a piece of physical evidence, or for any reason cannot preserve it, the next best option is to photograph it. Regular photos are better than Polaroids. They usually show greater detail and more accurate light conditions. Take a number of photos from different angles so that you can later pick out the ones that show most clearly whatever it is you want to highlight to the insurance company.
Take the photos as soon as possible so that they will accurately represent the condition of the evidence immediately after the accident. To establish the date the photos were taken, ask a friend to both watch you take the pictures and to write a short note stating that he or she observed you taking the pictures on that date. Also, get the film developed immediately and make sure the photo shop indicates the date on the back of the prints, or at least on your receipt.
Locate Witnesses
A witness to an accident can be immensely valuable to you in making your case to an insurance company. Witnesses may be able to describe things about an accident that confirm what you believe happened, backing up your story. And they may provide you with information you were not aware of but which shows how the other person was at fault. Even a witness who did not actually see the accident may have seen you soon after you were injured and can confirm that you were in pain or discomfort. Or, a witness may have heard a statement made by another person involved in the accident indicating that someone other than you was at fault.
However, time is of the essence. If witnesses are not contacted and their information confirmed fairly soon after the accident, what they have to say may be lost. People's memories fade quickly, and soon their recollections may become so fuzzy that they are no longer useful. Also, a witness might no longer be around if you wait too long; people move frequently.
Document Your Injuries
In addition to taking the notes mentioned above, the best ways to preserve evidence of your injuries are by promptly reporting all of them to a doctor or other medical provider, and by photographing any visible marks, cuts, bruises or swelling, including any casts, splints, bandages or other devices. Without an early medical record of all your injuries, and photos if possible, it will be more difficult to later convince an insurance company that you were injured in the ways and to the degree you claim you were. Visible injuries heal and will not look as serious later, and failing to seek immediate treatment can lead an insurance company to believe that your injuries were not so serious, or even that you invented or exaggerated them after the accident.
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Notify People Who May Be Responsible For Your Injuries
If you intend to file a claim for your injuries, it's important to notify potential defendants after the accident.
Starting the insurance claim process is simple. You don't have to know who was at fault for the accident; you must simply think about who might have been at fault. And in the beginning, you don't have to give the people involved, or their insurance companies, any detailed information about the accident or your injuries. All you have to do is notify them that there was an accident at a certain time and place, that you were injured, and that you intend to file a claim.
Act Immediately
The important thing about starting your claim is to not delay too long. Except for claims against government entities, you need not give notice within any specific number of days following an accident. But it is always best to start early, within the first couple of weeks after the accident.
Filing a notice of an injury accident with people or agencies does not obligate you to file a claim against them. But if you do file a claim later, they will not be able to say that the claim has unfairly surprised them.
Determine Who Might Be Responsible
Before you can notify those responsible for an accident of your intention to file a claim, you must decide whom to notify. Notify all those who might be responsible. This usually depends on the type of accident in which you were involved. Here are suggestions of people to notify if you were involved in the following common types of accidents.
Vehicle Accidents
- The drivers of all vehicles involved -- including the vehicle in which you were riding if you were a passenger -- whether or not they actually hit you or your car.
- The owners of all vehicles if the owners are different from the drivers.
- The employer of a driver of any vehicle if the employee might have been on company business at the time of the accident.
- The parent of a minor who was driving or owned the vehicle, or the parent of a minor who otherwise contributed to the accident.
- Anyone not in a vehicle who contributed to the accident, such as someone jaywalking or a property owner who allowed something to obstruct or interfere with the roadway.
- Your own vehicle's insurance company, if you need to make a claim under your own uninsured motorist, medical payments, collision, or no-fault coverage.
If You Slip or Trip and Fall, or Are Struck by an Object
- The person who caused you to fall or caused an object to strike you.
- The owner of the property on which you fell or from which the object came.
- The renter of the property on which you fell or from which the object came.
- The owner of the business at which you fell or from which the object came.
- The parent of a minor who caused you to fall or who caused you to be struck with an object.
- The employer of a person who, apparently during worktime, caused you to fall or to be struck with an object, regardless of where the accident occurred.
If You Are Injured by a Dangerous or Defective Product
- The business where you, or someone else, purchased or rented the product.
- The business where you were supplied with the product to use on the business's premises.
- The manufacturer of the product.
Write Notification Letters
Once you have determined those who might be responsible for your accident, your next step is to write letters telling each of them that the accident happened and that you were injured. You may need to send more than one letter -- for example, one letter to the business where you fell and another to the person who owns the property.
Write a letter of notification even if the others involved have assured you that they will notify their insurance companies. Your notification should be a simple, typed letter giving only basic information and asking for a written response. It should not discuss fault or responsibility, or the extent of your injuries; you will get to those things later onhttp://www.flaxmanandlopez.com/lawyer-attorney-9FF29B52-1B44-42D1-9C96C0D49CAE4589.html
Make Notes About Your Accident and Injuries
Writing down the details is far easier -- and more accurate -- than relying on your memory.
One of the first things you should do after you are injured is write down everything you can about your accident, including details of your injuries and their effect on your daily life. These notes can be very useful two or six or ten months later, when you put together all the important facts into a final demand for compensation. Having notes to remind you of the details of what happened, and what you went through, is both easier and more reliable than counting on your memory.
Get into the habit of taking notes on anything you think might possibly affect your claim and carry it through the entire claims process. Whenever you remember something you had not thought of before -- while you're in the shower, just before you fall asleep, as you're biting into a pastry -- write it down and put it with your other notes. Here are some specific things about which you should make notes.
The Accident
As soon as your head is clear enough, jot down everything you can remember about how the accident happened, beginning with what you were doing and where you were going, the people you were with, the time and weather. Include every detail of what you saw and heard and felt -- twists, blows and shocks to your body immediately before, during and right after the accident. Also include anything you remember hearing anyone -- a person involved in the accident or a witness -- say about the accident.Your Injuries
In the first days following your accident, make daily notes of all pains and discomfort your injuries cause. You may suffer pain, discomfort, anxiety, loss of sleep or other problems which are not as visible or serious as another injury but for which you should demand additional compensation. If you don't make specific note of them immediately, you may not remember exactly what to include in your demand for settlement weeks or months later. Also, taking notes will make it easier for you later to describe to an insurance company how much and what kind of pain and discomfort you were in.And writing down your different injuries will help you remember to report them to a doctor or other medical provider when you receive treatment. A relatively small bump on the head or snap of the neck, for example, may not seem worth mentioning, but it might help both the doctor and the insurance company understand why a bad back pain developed two or three days, or several weeks, after the accident. Also, by telling the doctor or other medical provider about all of your injuries, those injuries become part of your medical records that will provide evidence later that such injuries were caused by the accident.
Economic or Other Losses
You may be entitled to compensation for economic loss and for family, social, educational or other losses, as well as for pain and suffering. But you will need good documentation. Begin making notes immediately after the accident about anything you have lost because of the accident and your injuries: work hours, job opportunities, meetings, classes, events, family or social gatherings, vacation or anything else which would have benefited you or which you would have enjoyed but were unable to do because of the accident.Conversations
Make written notes of the date, time, people involved and contents of every conversation you have about your accident or your claim. In-person or telephone conversations worth noting may include those with any witness, adjuster or other insurance representative, or with medical personnel.http://www.flaxmanandlopez.com/lawyer-attorney-E52CC034-668A-46A7-91F48E645561FD65.html
Landlord Liability: Insurance FAQ
How insurance can help protect a rental property business.
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How can insurance help protect a rental property business?
What does renter's insurance cover?
How can insurance help protect a rental property business?
A well-designed insurance policy can protect a landlord's rental property from losses caused by many perils, including fire, storms, burglary and vandalism. (Earthquake and flood insurance are typically separate.) A comprehensive policy will also include liability insurance, covering injuries or losses suffered by others as the result of defective conditions on the property. Equally important, liability insurance covers the cost (mostly lawyer's bills) of defending personal injury lawsuits.
Here are some tips on choosing insurance:
- Purchase enough coverage to protect the value of the property and assets.
- Be sure the policy covers not only physical injury but also libel, slander, discrimination, unlawful and retaliatory eviction and invasion of privacy suffered by tenants and guests.
- Carry liability insurance on all vehicles used for business purposes, including the manager's car or truck if he or she will use it on the job.
What does renter's insurance cover?
While tenants may not have as much at stake financially as property owners, they also need insurance -- especially tenants with expensive personal belongings. Tenant losses from fire or theft are not covered by the landlord's insurance.
The average renter's policy covers tenants against losses to their belongings occurring as a result of fire and theft, up to the amount stated on the face of the policy, such as $25,000 or $50,000.
Most renter policies include deductible amounts of $250 or $500. This means that if a tenant's apartment is burglarized, the insurance company will pay only for the amount of the loss over and above the deductible amount.
In addition to fire and theft, most renter's policies include personal liability coverage ($100,000 is a typical amount) for injuries or damage caused by the tenant -- for example, if a tenant's garden hose floods the neighbor's cactus garden, or a tenant's guest is injured on the rental property due to the tenant's negligence.
Renter's insurance is a package of several types of insurance designed to cover tenants for more than one risk. Each insurance company's package will be slightly different -- types of coverage offered, exclusions, the dollar amounts specified and the deductible will vary. Tenants who live in a flood or earthquake-prone area will need to pay extra for coverage. Policies covering flood and earthquake damage can be hard to find; tenants should shop around until they find the type of coverage that they need.
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Landlord Liability for Tenant Injuries FAQ
What a tenant must prove to hold a landlord responsible.
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Under what circumstances is a landlord liable when a tenant or visitor is injured on the rental property?
How can property owners minimize financial losses and legal problems related to repairs and maintenance?
Under what circumstances is a landlord liable when a tenant or visitor is injured on the rental property?
In order to hold the landlord responsible, the tenant must prove that the landlord was negligent, and that the landlord's negligence caused an injury. To do this, the tenant must show that:
- the landlord had control over the problem that caused the injury
- the accident was foreseeable
- fixing the problem (or at least giving adequate warnings) would not have been unreasonably expensive or difficult
- a serious injury was the probable consequence of not fixing the problem
- the landlord failed to take reasonable steps to avert the accident
- the landlord's failure -- his negligence -- caused the tenant's accident, and
- the tenant was genuinely hurt.
For example, if a tenant falls and breaks his ankle on a broken front door step the landlord will be liable if the tenant can show that:
- It was the landlord's responsibility to maintain the steps (this would usually be the case, because the steps are part of the common area, which is the landlord's responsibility).
- An accident of this type was foreseeable (falling on a broken step is highly likely).
- A repair would have been easy or inexpensive (fixing a broken step is a minor job).
- The probable result of a broken step is a serious injury (a fall certainly qualifies).
- The landlord failed to take reasonable measures to maintain the steps (this will be easy to prove if the step was broken for weeks, or even days, but less so if the step broke five minutes earlier and showed no previous signs of weakening).
- The broken step caused the injury (this is easy to prove if the tenant has a witness to the fall, but might be hard if there are no witnesses and the landlord claims that the tenant really injured himself somewhere else and is attempting to pin the blame on the landlord), and
- He is really hurt (in the case of a broken bone, this is easy to establish).
A tenant can file a personal injury lawsuit for medical bills, lost earnings, pain and other physical suffering, permanent physical disability and disfigurement and emotional distress. A tenant can also sue for property damage that results from faulty maintenance or unsafe conditions.
How can property owners minimize financial losses and legal problems related to repairs and maintenance?
Landlords who maintain housing in excellent condition can avoid many problems. Here's how:
- Clearly set out responsibilities for repair and maintenance in the lease or rental agreement.
- Use a written checklist to inspect the premises and fix any problems before new tenants move in.
- Encourage tenants to immediately report plumbing, heating, weatherproofing or other defects or safety or security problems -- whether in the tenant's unit or in common areas such as hallways and parking garages.
- Keep a written log of all tenant complaints and repair requests with details as to how and when problems were fixed.
- Handle urgent repairs as soon as possible. Take care of major inconveniences, such as a plumbing or heating problem, within 24 hours. For minor problems, respond in 48 hours. Always keep tenants informed as to when and how the repairs will be made, and the reasons for any delays.
- Twice a year, give tenants a checklist on which to report potential safety hazards or maintenance problems that might have been overlooked. Use the same checklist to inspect all rental units once a year.
How Dog Owners Can Avoid Being Bitten by a Lawsuit
If you've got a dog, take some simple steps to prevent injuries -- and legal headaches.
The numbers are up, and it's not good news: Dogs bite 4.7 million people every year.
The explanations are nearly as numerous as the pet dogs, now counted at more than 62 million. Some speculate that Americans, frightened of crime, are favoring fiercer breeds. And busy owners too often leave their pets home alone, untrained and unsocialized. Dogs that spend a lot of time by themselves (especially if they're tied up), aren't used to being around strangers and haven't received basic obedience training, are prime candidates to bite.
Who's Liable?
Those injured usually have the law on their side. In the old days, the law gave dog owners what was called "one free bite." Put simply, an owner wasn't liable for injuries unless the dog had already shown it was likely to hurt someone. The dog didn't actually have to have bitten someone -- for example, if your dog lunged at the neighbor, teeth bared, you were considered to be on notice that the dog might bite.But most states now make owners liable for any harm their dog causes, whether or not the owner had reason to suspect that the dog was dangerous. Dog owners can find themselves on the hook for an injured person's medical expenses and lost wages, or even the therapy bills of a traumatized child. The dog owner may not be liable if the dog was provoked, or if the injured person was trespassing, but claims like these are often very hard to prove after the fact.
It's far better, of course, to avoid injuries rather than fight about legal liability after they happen. And the truth is that dog owners could prevent most bites.
Teach Your Dog
It's your job, as an owner, to train and socialize your dog. Humane societies everywhere offer low-cost basic obedience classes, which are a good way to teach your dog to behave around other dogs and people. And plenty of good tips are available in books such as How to Be Your Dog's Best Friend and The Art of Raising a Puppy, by the Monks of New Skete.It's also up to you, as a responsible pet owner, to spay or neuter your dog. It will cut down not only on the number of unwanted dogs, but also on injuries to people. Unsterilized dogs are three times more likely to bite, according to the Humane Society of the United States. Sterilization will also make it easier to keep your dog from straying.
Here are some other simple steps to take.
Never let a dog run at large. In some states, you're automatically liable for any injury your dog causes while at large.
Keep your dog's vaccinations current. Rabies vaccinations are required by law. If your dog bites someone, the authorities, not to mention the victim, will view it a lot more seriously if the dog hasn't had a recent rabies shot.
Keep the dog out of strangers' paths. Lots of people -- mail carriers, salespeople, poll-takers, girl scouts -- routinely come to your front door. Keep the dog away from it. A fenced front yard isn't good enough; most people will open a gate and walk on up to the door.
Post warning signs. If you have any reason to think that your dog might injure someone coming onto your property, post "Beware of Dog" signs prominently. But remember that young children can't read. If you think children might still be at risk, put a lock on the gate.
Teach Your Children
Children are much more likely to be bitten than are adults, and boys are more likely to be bitten than girls. In large part, these injuries occur because the children have never been taught how to behave around dogs. All kids should know these basic rules:- Don't pet a dog without letting the dog sniff you first.
- Never disturb a dog that's eating, sleeping or caring for puppies.
- Don't run from a dog.
- Try not to make eye contact with a dog; it can be threatening to a dog.
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Health and Safety FAQ
Frequently asked questions about health and safety in the workplace.
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What laws protect my right to a safe workplace?
What are some of the rights that OSHA gives me?
What steps should I take if I'm injured at work?
Does OSHA protect against the harmful effects of tobacco smoke in the workplace?
What laws protect my right to a safe workplace?
Federal and state laws protect you from an unsafe workplace. The main federal law covering threats to workplace safety is the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 and following (the OSH Act, popularly known as OSHA). OSHA gives you a number of rights if you think that something unsafe is happening in your workplace.
Most state laws track the federal law fairly closely. To find out about your state law, contact your state labor department.
What are some of the rights that OSHA gives me?
If your workplace poses an imminent threat to your life, OSHA gives you the right to refuse to work.
Even if your workplace does not pose imminent danger, however, OSHA gives you many important rights, and you can benefit from them only if you know about them and assert them.
The following is just a sample of some of your rights under the act:
- You can get training from your employer on the health and safety standards that your employer must follow.
- You can get training from your employer on any dangerous chemicals you are exposed to and on ways you can protect yourself from harm.
- You can get training from your employer on any other health and safety hazards (such as construction hazards or bloodbourne pathogens) that might exist in your workplace.
- You can request information from your employer about OSHA standards, worker injuries and illnesses, job hazards and workers' rights.
- You can directly request your employer to cure any hazards or OSHA violations.
- You can file a complaint with OSHA.
- You can request that OSHA inspect your workplace.
- You can find out the results of an OSHA inspection.
- You can file a complaint with OSHA if your employer retaliates against you for asserting your rights under the act.
- You can request the federal government to research possible workplace hazards.
What steps should I take if I'm injured at work?
If you have been injured at work by a hazard that should be eliminated before it injures someone else, take the following steps as quickly as possible after obtaining the proper medical treatment.
- Immediately file a claim for workers' compensation benefits so that your medical bills will be paid and you will be compensated for your lost wages and injury. In some states, the amount you receive from a workers' comp claim will be larger if a violation of a state workplace safety law contributed to your injury.
- Point out to your employer that a continuing hazard or dangerous condition exists. As with most workplace safety complaints, the odds of getting action will be greater if other employees join in your complaint.
- If your employer does not eliminate the hazard promptly, file a complaint with OSHA and any state or local agency that you think may be able to help. For example, if your complaint is about hazardous waste disposal, you may be able to track down a specific local group that has been successful in investigating similar complaints in the past.
- If the hazard poses an imminent life threat to you or other workers, you can call OSHA's emergency line at 800-321-6742.
Does OSHA protect against the harmful effects of tobacco smoke in the workplace?
OSHA rules apply to tobacco smoke only in rare and extreme circumstances, such as when contaminants created by a manufacturing process combine with tobacco smoke to create a dangerous workplace air supply that fails OSHA standards. Workplace air quality standards and measurement techniques are so technical that typically only OSHA agents or consultants who specialize in environmental testing are able to determine when the air quality falls below allowable limits.
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Elder Abuse - Possible Indicators of Abuse, Neglect, or Exploitation
The following descriptions are not necessarily proof of abuse, neglect, or exploitation. But they may be clues that a problem exists, and that a report needs to be made to law enforcement or Adult Protective Services.
Physical Signs
- Injury that has not been cared for properly
- Injury that is inconsistent with explanation for its cause
- Pain from touching
- Cuts, puncture wounds, burns, bruises, welts
- Dehydration or malnutrition without illness-related cause
- Poor coloration
- Sunken eyes or cheeks
- Inappropriate administration of medication
- Soiled clothing or bed
- Frequent use of hospital or health care/doctor-shopping
- Lack of necessities such as food, water, or utilities
- Lack of personal effects, pleasant living environment, personal items
- Forced isolation
Behavioral Signs
- Fear
- Anxiety, agitation
- Anger
- Isolation, withdrawal Depression
- Non-responsiveness, resignation, ambivalence
- Contradictory statements, implausible stories
- Hesitation to talk openly
- Confusion or disorientation
Signs by Caregiver
- Prevents elder from speaking to or seeing visitors
- Anger, indifference, aggressive behavior toward elder
- History of substance abuse, mental illness, criminal behavior, or family violence
- Lack of affection toward elder
- Flirtation or coyness as possible indicator of inappropriate sexual relationships
- Conflicting accounts of incidents
- Withholds affection
- Talks of elder as a burden
Signs of Financial Abuse
- Frequent expensive gifts from elder to caregiver
- Elder's personal belongings, papers, credit cards missing
- Numerous unpaid bills
- A recent will when elder seems incapable of writing will
- Caregiver's name added to bank account
- Elder unaware of monthly income
- Elder signs on loan
- Frequent checks made out to "cash"
- Unusual activity in bank account
- Irregularities on tax return
- Elder unaware of reason for appointment with banker or attorney
- Caregiver's refusal to spend money on elder
- Signatures on checks or legal documents that do not resemble elder's signature
Houston Divorce Lawyer
How to Select a Houston Divorce Lawyer
Selecting a Houston divorce lawyer to handle your family law case is a very important decision. The following are a few criteria for use in helping to decide on the right Houston divorce lawyer.
Experience
Any divorce lawyer you consider should have substantial experience in handling Houston divorce cases. An experienced Houston divorce lawyer will know the tendencies of the various judges in the nine Houston divorce courts and can use this knowledge to your advantage. Additionally, that lawyer should practice primarily in the field of divorce law. Often people will hire a lawyer who practices primarily in some other area, thinking that any lawyer will do. However, divorce law is a very specialized field that requires particular skills and experience in order to have a likelihood of reaching a successful conclusion.
Past Client Testimonials
Perhaps the best way to decide which divorce lawyer to use for your Houston divorce case is to find out what former clients have to say about that lawyer. While divorce is never an enjoyable process, some divorce lawyers have more success at satisfying their clients than others. If you do not know someone that has been a client of that particular divorce lawyer, you should consider asking whether that lawyer has any client testimonials that describe their experience with the lawyer. A good experienced Houston divorce lawyer should have at least a few former clients who are willing to vouch for him or her.
Accessible
When a client becomes dissatisfied with a divorce lawyer, one of the most common complaints is that they were unable to communicate with the lawyer. It is very important that your divorce lawyer be accessible and prompt in responding to your phone calls, emails, and requests for meetings. While you can ask the divorce lawyer to describe their office policy in this area, this is another topic where you can best evaluate the divorce lawyer by hearing what former clients have to say.
Fees
It is vitally important that you have a candid discussion with any prospective divorce lawyer about fees and what you can expect. Typically, an experienced Houston divorce lawyer will require the payment of a substantial retainer up front, against which that lawyer's hourly rate and expenses will be charged. You should find out what that lawyer's hourly rate is, what the upfront retainer will be, whether any portion of the retainer is refundable if it is not exhausted, and how often you can expect to receive invoices that detail the hourly charges and expenses. You also will want to know how detailed and clear the invoices will be. Once again, this is an area where you can get excellent information from those people who have been clients of that Houston divorce lawyer.
Comfortable with the Divorce Lawyer?
While all the above issues are important, there is one final question you should ask yourself before hiring a Houston divorce lawyer. Are you comfortable with that lawyer and are you confident in his or her abilities? If the answer is anything other than a resounding "yes," you should keep looking. Your case is too important to entrust to someone who does not inspire your confidence.
Dealing With Unsafe Conditions
Steps to take if you think your workplace poses a hazard.
The federal Occupational Safety and Health Act (the OSH Act, popularly known as OSHA) and similar state laws spell out your rights in the event of a workplace hazard. How to deal with the unsafe condition depends on how immediate and serious the danger is.
If You Are in Imminent Danger
If you think your life is in imminent danger because of a workplace hazard, you have the right to refuse to work. You should also call the Occupational Safety and Health Administration (OSHA) immediately at 800-321-OSHA. In the event of an absolute emergency, call 911.
How do you know if an imminent danger exists? All of the following must be true:
- You believe that performing your work poses a real danger of death or serious physical injury.
- Your employer refuses to correct the problem, and
- There isn't enough time to eliminate the danger through other means, such as requesting an OSHA inspection.
In some states, you have the right to refuse to work even if the harm is not life threatening. To find out about your state's law, contact your state labor department.
If You Are Not in Imminent Danger
If the danger is not imminent, the first thing you should do is ask your employer to take care of it. It is possible that your employer doesn't know about the hazard and will deal with the situation promptly. Be sure to document your request -- either by making the request in writing or by writing a little note to yourself with the date that you made the request, the name of the person to whom you made it and a summary of what you and the person said.
If you are afraid to go to your employer, skip this step and complain directly to OSHA or a similar state agency.
If your employer does nothing -- or takes action against you for complaining about the hazard -- your next step is to complain to OSHA or a similar state agency. You can make the complaint in writing or on the Internet at theOSHA website. You can give your name or make the complaint anonymously.
Both federal and state law prohibit your employer from retaliating against you if you properly refuse to work, if you complain about a health and safety violation or if you otherwise assert your rights under these laws.
http://www.flaxmanandlopez.com/lawyer-attorney-1373BAA0-6CA7-4415-8DFEC324FE60ABC0.html
Houston Family Law Attorney or Online Divorce Forms?
When should you hire a Houston family law attorney and when is it okay to use an online divorce form website to save a little money? This article will provide a few pointers to help you decide whether to do it yourself or retain a Houston family law attorney.
What Does it Mean to Use an Online Divorce Form Website?
What Does it Mean to Use an Online Divorce Form Website?
Essentially, using an online form website in your Houston family law case means that you will represent yourself - you are acting as your own attorney. All of the online divorce form sites have disclaimers making it clear that they are not your attorney and that they are just preparing documents on your behalf. While it is your constitutional right to act as your own attorney, there are some significant risks involved that should be evaluated before you take the online route.
Additionally, you have to evaluate the particular website you are dealing with. Most are national sites that offer forms that they claim will work in any state. However, every state has different laws. In other words, a California Divorce Decree will not look exactly like a Texas Divorce Decree because the laws of the two states are not identical. So with an online divorce you are basically getting a generic form that may or may not work in your jurisdiction.
What if You Have Children?
While many of the divorce form sites claim to offer forms that address the necessary provisions regarding children (conservatorship, support, visitation, etc.), it is very risky to use these generic forms when you have children. You must remember that your divorce forms are being prepared using online software that simply fills-in-the-blanks with your answers to very simplistic yes/no or multiple choice questions. These answers may not necessarily fit your situation or you may not fully understand the question.
This is where a competent lawyer can make a big difference. A lawyer will learn more about your situation and find out exactly what your documents need to say, instead of just the boilerplate language that the divorce website's software spits out. If you have children, you should take the safe route and hire an experienced Houston family law attorney.
What if You Own Property?
Many of the divorce form sites also claim to offer forms that will deal with the most complex of property divisions. But when it comes to dividing any property beyond personal effects (clothes, furniture, etc.), it is risky to rely solely on generic divorce forms. If you or your spouse own real estate, vehicles, 401k accounts or other retirement accounts, or have any other financial assets or liabilities, an online divorce form will not necessarily protect your interests.
A competent Houston family law attorney would be able to, first, analyze your situation and determine what property division is in your best interest, and second, ensure that all the assets awarded to you were properly transferred and the titles correctly recorded on your behalf.
Conclusion
Using an online divorce form always carries a certain amount of risk. If there are no children from the marriage and no property to divide, then saving a few hundred dollars may be worth the risk to you. But for most people, especially those with children or property, it is essential to hire an experienced Houston family law attorney to handle their case.
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