How to Bounce Back from a Workplace Injury

There are certain types of jobs that are considered to be particularly dangerous compared to other occupations. Working in industries like manufacturing, construction, mining, and transportation come with certain occupational hazards that, with proper safety protocols and procedures, are often carefully mitigated. Of course, these protocols are subject to human error and aren’t always foolproof. When accidents happen, what options do workers have when they become injured? What are the avenues available for employees that become momentarily unable to work due to their injuries?

Through the Occupational Health and Safety Administration, the U.S. Department of Labor reported some 2.9 million cases of private industry injuries for the year 2013. In these reports, the federal agency found that the most common accidents that occur in the workplace include slip and fall accidents, repetitive motion injuries, toxic substance exposure, and incidents involving equipment malfunction.

Regardless of the specific circumstances, it’s quite clear that many of these accidents could have all been easily avoided if employers are committed to the fact that they are responsible for creating a safe working environment. When accidents occur in the workplace, employers should be ready to assist their employees by providing them with the workers’ compensation benefits that they are entitled to.

If you or anyone you know have been injured due to an accident that occurred in the workplace, it’s important to seek appropriate legal counsel as soon as possible. The pursuit of workers’ compensation claims is often a long and arduous process. Having an effective lawyer in your corner can definitely speed up the process, allowing you to receive your benefits as soon as possible. Find a qualified attorney with sufficient experience in workers’ compensation that is working in your area.

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Head Injuries and Workers’ Compensation

A head injury is one of the most serious accidents that can happen in the workplace. A blow to the head can be life-threatening and can cause serious, long-lasting disabilities. If an employee suffers a head injury related to work, he or she is entitled to workers’ compensation benefits. These benefits can include compensation to cover medical costs and two-thirds of lost wages. The benefits vary depending on the severity on the injury and the circumstances surrounding the accident.

In the case of a traumatic brain injury, workers’ compensation can be more complicated. A traumatic brain injury victim may experience severe and debilitating cognitive impairments such as vision problems, lack of coordination, slurred speech, or changes in personality or emotional responses. The costs of recovering from a traumatic brain injury can be incredibly high and can quickly reach six figures. If an employee suffers a traumatic brain injury, the employer may be responsible for providing benefits for the remainder of the injured individual’s life.

Occupations that carry the highest risk of a head injury are construction workers, firefighters, police officers, loading dock workers, delivery workers, athletes, and race car drivers. Workers who sustain head injuries are especially likely to experience unforeseen physical effects that only manifest themselves after the accident.

Individuals experiencing head injuries in the workplace may also receive workers’ compensation benefits from manufacturers of malfunctioning equipment, negligent property owners, or reckless employees from other associated companies. The exact terms of the compensation are dependent upon the specific experience and situation. If you experience a head injury in the workplace, seeking immediate medical attention and immediately reporting the incident to your employer by filing a “first report of injury” form are essential. By taking the first step to file a claim for workers’ compensation, you can get the benefits you are legally entitled to.

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Nursing Home Abuse

The Cashmere Convalescent Center, a nursing home facility in Cashmere, Washington, is about to get what is coming to it. And one of its resident patients is about to get retribution.

Cashmere Convalescent has a history of its staff members sexually abusing its dementia patients and has been subjected to internal and external investigations every now and then. One of these patients is the immobile and almost mute sister of Lynda Freeman.

Freeman, who expressed, “My heart breaks for my sister,” said a male patient assaulted her sister, and the nursing staff at the facility neglected to put a stop to or report the incident, with the facility’s nursing director deciding that what happened between the victim and the abuser was consensual.

Fortunately, justice was served in the form of Cashmere operator Bill Dronen’s license to operate a nursing home facility getting pulled by the Washington Department of Health. The facility is now operated by Dronen’s brother, Mark. Cashmere Convalescent is currently facing a lawsuit from Freeman.

Investigators from local news channel KOMO NEWS 4 gave rise to the cases of abuse and harassment in the facility, according to state Health department administrator Blake Maresh. The findings were corroborated by a different state agency, the Department of Social and Health Services.

Attorneys at the Abel Law Firm say it can be extremely hard to tell if an elderly person, especially one living at a nursing home, is being abused. According to national statistics, for every one case of abuse reported to authorities, five are undocumented, and that one in six nursing home residents are abused – in every which manner – every year. This is an important fact, because there is a 300% increase in the chance of death for abused patients within three years after they were abused as compared with elderly patients who were left unmolested.

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Factors that Could Invalidate a Will

In order for a will to be considered legally valid, certain measures and requirements must be met. Failure to meet these standards could also potentially lead to legal challenges by beneficiaries. Beneficiaries who are already suffering from the loss of a loved one do not need the added stress and anxiety associated with inheritance disputes. Therefore, in order to ensure a will is not compromised, a testator should aim to avoid or limit the possibility of the following factors.

According to the website of the Mokaram Law Firm will can be considered invalid for numerous reasons. However, the most common include mental state of the will’s writer, coercion, faulty execution, undue influence, and inaccuracies. Other factors determining the legitimacy of a will are age of the writer, witnesses, notarization, and residence.

Although legal standards for each of the previously mentioned factors differ from state to state, there are some common requirements that span across state lines. For example, in order for a testator to be considered of “sound mind,” they must simply know what a will is and that they were making one, know who the beneficiaries are, understand what they owned, and be able to decide how to distribute that property. Many states also have similar requirements regarding the contents of a will. For example, most states require that a will expressly state whose will it is and who wrote it, include a substantive provision, and appoint an executor.

Some of the factors that do vary from state to state are age, witnesses, and notarization requirements. For example, in all states a testator is required to be at least 18 years of age, unless, as some states allow, a minor is married, a military member, or considered to be emancipated. Likewise, some states require there to be at least two, non-inheriting witnesses to a will while others require no witnesses to assure validity. And lastly, while most states do not require a will to be notarized, some states may ask for a self-proving affidavit by the witnesses.

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NYC Bans Employment Credit Checks

In an effort to limit employment discrimination, New York City recently passed law 261-A which prohibits employers from denying applicants positions due to poor credit. Though states such as California and Maryland have similar laws already in place, New York’s differs in that virtually all jobs and positions are protected from employers aiming to use credit checks to deny or terminate employment.

According to the website of Cary Kane, LLP, while companies are allowed to fire employees for no reason, they can’t fire an employee for a reason prohibited by law.Unfortunately, companies often wrongfully terminate employees based on factors that are unrelated to financial needs or job performance. Several studies have shown that credit history has no correlation to worker and workplace productivity. Sadly, while there is no substantial evidence showing credit checks add value to employers, about 50 percent of employers across the nation continue to use credit checks in the employment process.

The Equal Employment Opportunity Commission has ruled and warned that employment credit checks can have a severe discriminatory impact. As a result, the new law is set to be especially helpful for communities of color where poor credit is compounded by limited job opportunities and predatory lenders. Commonly a result of uncontrollable circumstances, when taken into consideration during employment screening, debt can further limit job opportunities which subsequently results in an inability to pay off the debt. New York City seeks to put an end to the detrimental cycle and hopes that the new law will push other states to do the same.

Fortunately, other states are working to pass similar laws that will help curb employment discrimination and create better job opportunities for all.

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