Posts by Arif


Work-related injuries, illnesses and fatal accidents continue to be a major concern of federal, state and local governments due to their high rate despite the laws which mandate that all working environments should be kept healthy and safe for all employees.

Records from the U.S. Department of Labor’s Bureau of Labor Statistics reveal a little more than three million non-fatal workplace injuries and illnesses, and 4,405 deaths in 2013. Despite the substantial difference in the number of deaths during to the latter part of the 20th century (about 14,000 job-related deaths every year), authorities from the Occupational Safety and Health Administration (OSHA) knows that there is still so much to be done, considering the fact that accidents are almost always results of negligence.
Every time a worker is harmed, different issues are brought into the open, including the concerned employer’s compliance with workplace safety laws, the severity of the injury and the effect it will have on a victim’s personal, professional and financial state.
Some accidents cause no more than minor scratches, while others may be a little more serious and, thus, require days or weeks of bed rest. Some injuries are definitely severe, however, causing long term disabilities (LTD) that render a worker unable to work for months or even years, taking away his or her capability to earn wages.

Good thing, however, some employers provide employees with a long term disability (LTD) insurance policy as part of their comprehensive employee benefits package – this is to protect employees from losing any form of earnings during the period when their injury or illness will keep them out of work.

Most LTD insurance policies are designed to pay disabled employees about 50 – 70 percent of their salary. LTD benefits, however, are subject to taxes, reducing further what an injured employee would receive. Due to this, there are employees who decide to purchase a personal supplemental long term disability insurance; besides the higher pay, this is also tax exempt.

Despite employees’ eligibility to receive LTD benefits, many applications get denied or are awarded benefits that are below what the policy stipulates. Many insurance providers, obviously, are guilty of avoiding making payments, thus, they do all things possible to deny claims, delay assessment of applications or payment of claims, or pay much lower benefits.

As explained by disability claim attorneys, long-term disability insurance is supposed to help you take care of you and your family if you are ever injured or become disabled and can’t to go back to work for weeks, months, or even years. However, contrary to the promise your insurance company made you when it sold you a long-term disability policy, it denies you your long-term disability claim just when you actually need it.

If your long-term disability benefits have been denied or discontinued, there are time limits for appealing their decision. If you wait, you could miss an important deadline.

Read More

Work-related injuries, illnesses and fatal accidents continue to be a major concern of federal, state and local governments due to their high rate despite the laws which mandate that all working environments should be kept healthy and safe for all employees.

Records from the U.S. Department of Labor’s Bureau of Labor Statistics reveal a little more than three million non-fatal workplace injuries and illnesses, and 4,405 deaths in 2013. Despite the substantial difference in the number of deaths during to the latter part of the 20th century (about 14,000 job-related deaths every year), authorities from the Occupational Safety and Health Administration (OSHA) knows that there is still so much to be done, considering the fact that accidents are almost always results of negligence.

Every time a worker is harmed, different issues are brought into the open, including the concerned employer’s compliance with workplace safety laws, the severity of the injury and the effect it will have on a victim’s personal, professional and financial state.

Some accidents cause no more than minor scratches, while others may be a little more serious and, thus, require days or weeks of bed rest. Some injuries are definitely severe, however, causing long term disabilities (LTD) that render a worker unable to work for months or even years, taking away his or her capability to earn wages.

Good thing, however, some employers provide employees with a long term disability (LTD) insurance policy as part of their comprehensive employee benefits package – this is to protect employees from losing any form of earnings during the period when their injury or illness will keep them out of work.

Most LTD insurance policies are designed to pay disabled employees about 50 – 70 percent of their salary. LTD benefits, however, are subject to taxes, reducing further what an injured employee would receive. Due to this, there are employees who decide to purchase a personal supplemental long term disability insurance; besides the higher pay, this is also tax exempt.

Despite employees’ eligibility to receive LTD benefits, many applications get denied or are awarded benefits that are below what the policy stipulates. Many insurance providers, obviously, are guilty of avoiding making payments, thus, they do all things possible to deny claims, delay assessment of applications or payment of claims, or pay much lower benefits.

As explained by disability claim attorneys, long-term disability insurance is supposed to help you take care of you and your family if you are ever injured or become disabled and can’t to go back to work for weeks, months, or even years. However, contrary to the promise your insurance company made you when it sold you a long-term disability policy, it denies you your long-term disability claim just when you actually need it.

If your long-term disability benefits have been denied or discontinued, there are time limits for appealing their decision. If you wait, you could miss an important deadline.

 

Read More

Car Accidents: Common Causal Factors


Posted By on Jun 7, 2017

Car accidents are often devastating enough to cause injuries and deaths, but for some reason, they are still fairly common in American roads, as if people are not doing enough to prevent them from happening.

The accidents are even worse if they have been caused by negligent or reckless parties and have injured innocent motorists and pedestrians. Usually, this party is another driver, a designer or manufacturer of a vehicle or its parts, a construction company, or a local government.

Driver

The driver is the one controlling the car, so it is not surprising that he is one of the most common causes of car accidents. The worst drivers are those who drive while drunk, under the influence of drugs, or fatigued. But those who are reckless on the road, such as those who speed, street race, and tailgate, are not any better.

Designer/Manufacturer

There are times where even the most diligent drivers get involved in accidents because of the incompetence of the designer or manufacturer of their cars or their parts, like when airbags fail to deploy properly, brakes do not do their one job, doors don’t latch fully, seatbelts don’t properly restrain car occupants, or tires give in.

Construction Company

Even a safe driver with a car free of defects can be involved in an accident, and this is because of another external factor – the condition of the road. The construction company may be responsible for the construction and design of the road, so if the road has construction and design problems that have caused accidents, it may be held liable. The most common problems include dangerously abrupt turns, overly narrow lanes and shoulders, and use of weak materials that make the road too vulnerable to defects.

Local Government

Another entity that can be held liable for road defects is the local government. Most of the time, it is the one handling the maintenance of the roads in its area of responsibility, so any maintenance problem that results into a car accident is on them. The most common maintenance problems include defective traffic lights and road signs, overgrowth that may influence visibility, debris that is not properly cleaned up, and pavement defects such as potholes.

What to Do

Prevention will always be better than cure. But if an accident does happen, the website of Mazin & Associates, PC, has enumerated the things you can do, including contacting authorities for help and making sure to get important information such as name and phone number of involved motorists.

Read More

There are Laws that Protect Employees from any Form of Discrimination and Retaliation

“The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered.

The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.”

The EEOC was passed into law by the United States Congress in 1964; its primary task is to uphold and protect the rights of all individuals in the U.S. to equal employment opportunities by enforcing Title VII of the Civil Rights Act, a federal mandate that illegalizes any form of workplace discrimination.

Though many discriminatory practices in the workplace have already been exposed and many of those complained of and found guilty, including employer, co-worker or client, have been brought to justice, the fight to finally stop workplace discrimination is still far from being won. Employees should bear in mind that no EEO law violation will be exposed and no violator will be held liable if everyone, especially the victims of discriminatory practices, will keep silent.

Well, truth is, not complaining will not make matters worse and keeping silent will keep unaffected employees safe – as long as they do not become the target of discriminatory practices. However, employees should be aware that the very laws which protect them from discrimination and harassment also protect them from retaliatory acts. The EEOC, besides enforcing Title VII, also prohibits punishing employees and job applicants who assert their right to be free from harassment and all forms of employment discrimination. Asserting one’s EEO rights is legally called “protected activity,” and it can take many forms, including:

  • Filing or witnessing in an EEO charge, complaint, investigation, or lawsuit;
  • Informing a supervisor or manager about discriminatory practices, including harassment, in the workplace;
  • Answering questions during an employer investigation regarding alleged harassment;
  • Refusing to follow orders aimed at discriminating anyone;
  • Resisting sexual advances or intervening to protect a co-employee;
  • Requesting accommodation of a disability or for a religious practice;
  • Asking a manager or co-workers about salary information to uncover possible discrimination on wages; and,
  • Participating in a complaint process, or opposing discrimination.

While discriminatory and retaliatory acts (such as denial of a promotion or a raise, demotion, being fired from work, reduction in salary and/or bad referencing) are obvious, some are made with subtlety to make them least apparent, like change in work shift or job relocation.

The John Melton Law Firm strongly emphasizes the illegality of discriminating or retaliating against workers who exercise their rights. Proving someone guilty of any of these illegal practices can be difficult, however, especially without help from a skillful and experienced discrimination or retaliation lawyer. Thus, having legal help, especially in the filing of a legal complaint, may prove greatly advantageous, considering the fact that even the filing a complaint has a statutory limit.

Read More

Thousands of Car Accidents Still being caused by Drunk Drivers

Driving while under the influence (DUI) of illegal drugs or alcohol is totally illegal due to the big risk it puts other motorists and pedestrians into. Long before actually getting to sit behind the wheel of their own car, drivers have long learned that drinking and driving are a very dangerous combination.

The author of One for the Road, a book that looks at the grassroots of drunk driving in the U.S., says that love of drinking and love of driving are both deeply rooted in the nation’s culture. This is why, despite stricter laws, harsher punishments and heavier fines, so many Americans still drive while under the influence.

In 2012 the Centers for Disease Control and Prevention (CDC) received 10,322 reports of fatal motor vehicle accidents that involved alcohol- impaired drivers. Two years prior to this, more than 1.4 million drivers were arrested after they were found intoxicated either by alcohol or illegal drugs.

The present blood alcohol concentration limit for drivers in all U.S. states is 0.08%, while for drivers below the age of 21, a “No Tolerance” policy, is in effect. This policy mandates that no trace of alcohol should be found in their blood system while they are driving, (traffic accident by the way, is the leading cause of death among teens). Punishment for violators include huge fines, jail term and probable loss of license.

The law sees drunk driving as a grave act of negligence, much more so if someone gets injured or killed. Drivers who will be found intoxicated will be charged with DUI, or driving under the influence, a serious violation of road safety rules. Depending on the BAC level or if anyone is hurt in the accident, the punishments become heavier and the fines, more costly; there are also the possibility of the court ordering that an ignition interlock be installed inside the driver’s vehicle and the acquisition of an SR-22.

As explained in the website of Karlin, Fleisher & Falkenberg, LLC, DUI is characterized as having a blood alcohol concentration (BAC) over 0.08%. While this is the threshold at which it becomes illegal to operate a motor vehicle, one may still be charged with a DUI if his/her BAC was below the legal limit. In many states, such as in Tennessee , there is what is called an “implied consent” law. This law declares one’s position behind the wheel of a vehicle as consent for mandatory submission to a chemical test. Refusal to submit to a chemical test should an officer ask him/her to do so will result in automatic revocation of his/her driver’s license for a period of at least one year, depending on his/her history of being pulled over for intoxicated driving.

Read More