How to Prove Your Employer Retaliated for Your Work Comp Claim

Getting injured in the workplace is not unusual; in fact, it is anticipated. That is why the law requires employers to carry workers compensation insurance to ensure that employees are taken care of after getting injured at work.

If you have been injured at work, you have up to thirty days to notify your employer verbally or in writing to initiate the work comp claim process. Your employer will then file the necessary documents with the work comp authority in your state for approval or rejection.

If approved, you will get medical benefits, temporary disability benefits, or permanent disability benefits. In case you succumb to your injuries, your family should be able to get death benefits for several years at the rate of temporary disability benefits.

How Employers Can Retaliate

There are many employers who are often angered by employees who claim work comp benefits. Some of these employers can retaliate against their employees in several ways:

Firing an Injured Employee

The good news is that the law prohibits employers from firing injured workers or workers who miss work due to work-related injuries.

Failure to Accommodate Disabilities/Limitations

Some employers may not take measures to accommodate limitations resulting from work-related injuries, such as providing light-duty work or giving the employee something to do where they can sit rather than stand.

Denying Promotion

Some employers can retaliate by denying employees, who have recently filed a work comp claim, any promotion.

Writing Negative Performance Reviews

This is one of the most common retaliation strategies used by employers. By writing unjustified negative performance reviews, these employers can use the negative reviews as justification for terminating an employee who recently filed a work comp claim.

It is important to note that employer retaliation is illegal and can cause the employer more problems. If you feel that your employer has retaliated against you in one way or another for filing a work comp claim, you should hire a Fayetteville work comp attorney to help you get some justice.

How to Prove Your Employer Retaliated for Your Work Comp Claim

Ideally, you should hire a lawyer with a lot of experience handling similar cases. After finding the right lawyer, you can start gathering the necessary evidence:

  • Prove that you were entitled to work comp benefits due to injuries sustained at work.
  • Prove that you filed your work comp claim properly and in a timely manner.
  • Prove that adverse action was taken against you.
  • Prove that the adverse action taken against you was a result of the work comp claim you filed.

Do Foreign Bribes Violate the FCPA?

When you work with an international company, chances are good that you’ll see plenty of negotiations and business deals with other companies from around the world. Your company may engage in trade and conversations about getting the best deal from one another.

Unfortunately, you may have also seen what looks like bribery. However, you might also be unsure whether foreign bribes violate the FCPA, and what you’re able to do about it. As an employee and a witness, you do have options.

If you believe your company is engaging in illegal bribes, reach out with your evidence. It could help you gather a reward and avoid any penalties.  

Context Matters

A foreign bribe generally means that your company is offering money or gifts in exchange for a favorable business deal. For example, you might have heard your employer talking about offering a large sum of money or a luxury vehicle to a foreign business partner before a deal is struck. In this case, they may be trying to influence their business partner’s decision in their favor.

However, if your employer sends another company a gift to celebrate a business deal or partnership, without any expectations, they may not have been offering a bribe.  

Sanctions for Foreign Bribes

If you’re not sure about whether your company is violating these standards, it’s best to get FCPA whistleblower help anyway. The sanctions associated with foreign bribes can be harsh, and you don’t want to suffer those penalties.

Civil penalties and civil enforcement actions can be expected if your company was found guilty of bribery. That may include some significant fees, which can also hurt you as an employee. There may also be pre-judgement interest, and those who accepted the bribe may have to give up those gifts in the trial.

If you choose to blow the whistle on them, you could potentially receive a monetary award for your tip. While the tip will need to meet certain requirements, you may be protected to some degree from the punishments ahead for your employer.  

Blow the Whistle on Bribery

When you suspect that your employer is giving bribes to foreign companies, you may need to act fast and contact a whistleblower attorney. They’ll have the tools you need to determine whether your company is engaging in illegal activity, and they’ll help you report that activity.

Don’t let yourself get caught in the proceedings. If you suspect or are aware of illegal activity within your company, reach out for help. At best, you might receive an award for your help and protection from retaliation. If you don’t alert the authorities, though, you could be found just as responsible as the company.  

Driving Safety in Largo, FL

The number of car crashes in Florida is on the rise, including car accidents that involve pedestrians and bicycles. Fortunately, with some tips on driving safety in Largo, FL, it’s possible to reduce the number of accidents, creating a safer environment for everyone.

Some of the top safe driving tips include not only making sure that your vehicle is in good operating condition, but also that you know the driving laws and that you take steps to minimize distractions.

Speeding is a common problem; driving faster than the posted speed limit means that your reaction time is reduced. With less time to react to situations, you increase the likelihood that you could be involved in a motor vehicle accident. Following basic driving laws, such as stopping for stop signs and traffic lights aids in reducing accidents. You can’t count on the other driver to be able to make evasive driving maneuvers in order to avoid an accident.

Another important factor in safe driving is to always make sure that you are paying attention. Today, there are many people who drive distracted, whether it’s texting, placing calls on their mobile phone, or simply engaging in other activities that keep them from giving the operation of their vehicle their complete attention. Distracted driving and not paying attention are primary reasons for many auto accidents in Florida, as well as across the country.

While the best way to stay safe on the road is to pay close attention to what’s happening around you, it’s also important to realize that there are still drivers around you who might be distracted or not paying attention. You can protect yourself and your passengers by always being alert and ready to react to road conditions, such as debris on the road or drivers who cross into your lane. Follow other vehicles at a safe distance and be ready and able to stop when necessary.

Many people think about how they will be able to react if a situation arises, but the Largo car crash lawyers at Lopez & Humphries, PA also recommend that you avoid making unpredictable moves. This can help ensure that other drivers aren’t caught off guard. Use your signals, allow plenty of room to safely stop, and avoid sudden movements or fast lane changes.

Safe driving includes doing everything you can to not only avoid an accident, but also to protect yourself and passengers by using the safety equipment installed in your vehicle. Always insist that every person in your vehicle is properly buckled or restrained child safety seat.

There is never a reason to drive while under the influence of drugs or alcohol. If you are impaired, don’t even think about getting behind the wheel of a vehicle. If you’re going out to a party or club, make sure you appoint a designated driver for your group or make other plans to get home.

Is It Hard to Win a Personal Injury Claim in Massachusetts?

When you’ve been injured by another person’s negligence, you’ll need to start thinking about winning your claim as soon as possible. You’re hurt, and you need that compensation if you’re going to recover. Unfortunately, you might already be concerned about the state of your claim.

While winning a personal injury claim isn’t impossible, it can be tough to do alone. You’re not familiar with the appropriate laws when you’re well, so it’s more overwhelming. You’ve been thrown into a field you don’t understand, and your recovery is on the line.

While you do have a chance to win your personal injury claim, your best option is to contact a Boston injury lawyer for help. They’ll guide you through the pitfalls that hurt many injury claims and help you get the compensation you deserve.

Acting on Time

One of the most difficult parts can be getting your claim filed in time. It might be on your mind already, but it can take time to prepare your case for court. Unfortunately, if you don’t act quickly, losing your claim is a real possibility.

In Massachusetts, you’ll need to file your claim within a certain time limit. If you don’t file within three years, you’ll lose your chance to settle at all. That means no compensation and no recovery for you. Your case will be completely dismissed.

That time limit sneaks up on many people and leaves them without the compensation they need, so seek out a lawyer who won’t let that happen to you. Instead, they should help you act quickly and find the evidence you need for your claim.

Injury-Specific Laws Can Affect You

Unfortunately, not every personal injury case is equal. While you do have a right to a fair trial, you might not know what specific laws will help or harm your claim. That means that you could miss a law important to your claim and lose your compensation.

For example, if you were injured by your doctor, you typically have less time to file, and you might not be filing against the doctor. You’ll need to act within three years. You’ll also need to find that doctor’s hospital group or doctor group, which may take responsibility for the actions of its members.

So, if you miss out on these steps, you might be filing against the wrong person, or you might have missed the deadline months ago without even knowing it. If you’re concerned about your time limits, your lawyer can help.

When They Blame You

Unfortunately, even acting on time and gathering the right evidence doesn’t guarantee compensation. Instead, the at-fault party might fight back, leaving you without the compensation you need. Massachusetts recognizes “comparative negligence,” which means your compensation will be reduced if you’re found partly at fault.

Let’s say they claim you were 20 percent at fault for the accident. If you don’t fight back and protect your claim, your compensation will be reduced to only 80 percent of the original amount. That was compensation you needed to recover, and it may be completely lost if they blame you for more than 51 percent of the accident.

It’s Not Easy without Help

Unfortunately, all these steps can be confusing. Without help, it might even feel impossible. When you seek out a lawyer, though, it gets much simpler to fight for the full compensation you deserve.

If you’re struggling with a claim, you need experienced legal guidance for your claim. With the right lawyer on your side, though, you can get the full amount you expect without the effort. Your lawyer should focus on letting you rest and recover. With the right help, then, winning an injury claim is easy.  

What’s the Point of Vision Zero Chicago?

Every year, millions of people suffer fatal car crashes and pass away for a number of regions. In larger areas, such as New York City or Chicago, traffic is heavy, leading to more serious or fatal accidents. These crashes might involve cars, buses, bikes, and motorcycles, and they are a major cause of death in our cities.

So, what does Vision Zero Chicago intend to do about it? In short, this program has been implemented to reduce the number of fatal crashes through awareness and better design. What work in San Francisco may not work in Chicago, however, so the city has also added specific ideas to address the unique factors of each city.

Reducing Fatal Crashes

Vision Zero’s main goal is to reduce the number of fatal crashes in major cities, where accident rates are high. Some people might not be thinking about how serious a crash might be, for example, so part of the program focuses on education.

You might also see pledges being made to drive carefully. The program wants to make more observant drivers, who will pay attention to speed limits, stop signals, and other signs. The more drivers that pay attention to these signals, the safer the road will be.

In the end, that’s what Vision Zero Chicago is about: seeking out the vision the city has of zero fatal crashes in the city.

Safer Roads

Safer drivers and education isn’t the only way to prevent fatal crashes, however. Chicago leaders are also seeking ways that they can build roads safer. By considering the environment of the drivers, they can avoid serious accidents.

While distracted driving or other driver-related factors cause many accidents, those aren’t all the factors that can cause a car accident. The following are some of the other reasons that Chicago residents crash fatally:

  • No bike lanes
  • Road hazards and defects
  • Unsafe crosswalks
  • Unclear or missing signs and signals
  • Environmental factors, like commonly-violent areas

When making transit safer, it’s important to remember that it’s not just the people on the road causing these problems. Other factors can leave an otherwise-careful driver or pedestrian injured or killed. As such, the city is also addressing issues outside of the vehicle.

A Healthier Chicago

The Vision Zero project focuses on reducing accidents, but avoiding the need for a car accident lawyer in Chicago isn’t the only reason for the program. Instead, Chicago lawmakers are also focused on cleaner, more active, and healthier transit.

For example, in many cities, bicycles are becoming a popular way to travel around, and they have a better impact than cars. You’re saving gas, reducing congestion, and getting some exercise in, something that many of us miss out on in our daily life.

Unfortunately, without safety measures for bicyclists, biking through the city is dangerous. As such, Chicago’s Vision Zero plan also includes the expansion of healthier, more active transportation. Focusing on public health is a major part of safety and prevention, and Vision Zero doesn’t neglect this.

Avoid a Car Accident in Chicago

If you haven’t heard of these Vision Zero programs growing in popularity in major cities, you might be confused. You may not know what to expect or what good this program will do. Luckily, the program has been pushing for a better, safer Chicago.

As it is, deaths due to car accidents are a major cause of death, and they’ll continue to be a problem if communities like Chicago don’t act to prevent these accidents. Vision Zero Chicago seeks to reduce those deaths, but it can also bring more benefits with it.

If you’re a driver or otherwise someone who travels through the city, you may want to seek out this program. You could help avoid a car accident or save a life through the program.

How to Beat a Cell Phone Ticket in NY

The state of New York does not tolerate anyone driving while operating their cell phone; so much so that they’ve made it illegal to do so. You could be facing serious consequences if you’re found guilty for using a cell phone while driving.

Fortunately, you can work with an attorney to beat your cell phone ticket. Below, we discuss what the consequences for a cell phone ticket are, and how you can fight your ticket.

What Happens if You’re Found Guilty

By law, you cannot use any form of handheld device while you’re driving. This includes telephones, tablets, iPads, and the like. Some examples of ways you could be charged with a cell phone ticket include:

  • Texting while driving
  • Talking on your phone while driving
  • Playing games on handheld devices
  • Web browsing, or sending emails
  • Taking, viewing or sending pictures

If you are convicted of using your cell phone while driving, as a first time offender, you could be facing fines of up to $200 and points being added to your driving record. Repeat offenders, and those who incur three or more offenses within an 18 month period, can expect fines to reach $450 and even face license suspension or revocation.

Distracted driving has been on the rise for years, and one way the state attempts to minimize the number of motor vehicle collisions and fatalities is by imposing strict penalties when you’re caught using your phone while driving.

However, just because you got a cell phone ticket doesn’t mean that you automatically have to pay the fine and suffer the consequences. You can work with a qualified cell phone ticket lawyer to fight your ticket so that your driving record isn’t affected.

Building Your Defense

There are a few instances where you are able to use your cell phone while driving, and you shouldn’t be punished for using your phone under these circumstances. The primary exception to the no cell phone use while driving law is if you were using your phone due to an emergency.

Perhaps you needed to call 911 because you saw an accident, maybe you were reporting a fire or having a medical emergency. Anytime you need to report an emergency of any kind by using your cell phone while driving, you should be able to beat your cell phone ticket.

Your attorney will be able to build a strong defense in your favor when you head to court to fight your ticket. This way, you won’t have to pay any fines or deal with the inconvenience of points being added to your driving record.

Reach Out to an NY Cell Phone Ticket Lawyer

If you know that you weren’t using your cell phone illegally while driving, there is no reason why you should sit back and pay the ticket. You can work with a cell phone ticket attorney in Manhattan to beat your ticket and avoid the penalties associated with admitting guilt. Don’t let yourself be stuck with points on your license for years to come, and do whatever you can to fight the ticket you were wrongfully issued.

Splitting Property in Your Divorce? Legal Help is Crucial

Marriage is not just a union of two people. It is also a fusion of their properties. If couples eventually decide to separate, the decision will have a profound effect on their assets. Splitting property in your divorce can be a tedious process. There may be disagreements as to who gets what and why that has to be so. It is quite a difficult yet necessary step when severing ties. Minimize the stress by getting lawyers who specialize in the matter. They can provide advice and negotiate on behalf of each of the parties. Lawyers will deal with the complex details while the former spouses focus on healing.

Community Property

Legal help is crucial as the division of property is not a straightforward process. It is not as simple as selling everything off and splitting the money in half down to the last cent. Even the identification of communal assets can be difficult. Each state will have its own laws on how to handle divorce. Some adhere to the community property rule, in which communal property belongs to the spouses in equal measure. This is the system in place in California, Texas, Arizona, Washington, Nevada, and many more. Other states prefer the equitable distribution rule wherein one spouses may get more or less than the usual half.

The Couple’s Agreement

The rules prescribed by the laws are not absolute. An agreement between the former couple can override the existing system. In a collaborative divorce, a negotiation can be hammered with the help of knowledgeable attorneys, financial analysts, and divorce coaches. The parties will be given all of the information they need to make a wise decision based on their interests and needs. This is suitable for those in amicable separations. If the parties cannot agree on the property split, then they may still try to find common ground with the help of an experienced mediator. These two options are less costly than a litigation.

Spousal Support

Sometimes, courts will grant a request for spousal support if one of the parties need monetary assistance. This is particularly true for marriages that have lasted for a long time, particularly when a spouse does not have a steady source of income. The common example is of a wife who gives up her career to focus on the family and child rearing. She may not be able to find a job right away to support herself due to years away from the industry and lack of experience. The alimony should allow her to get back on her feet during this crucial period.

Divorce is a complicated matter. Find a Rancho Cucamonga divorce attorney with the necessary finesse and sensitivity to handle your case.

 

LINKS:

https://en.wikipedia.org/wiki/Divorce

https://en.wikipedia.org/wiki/Divorce_in_the_United_States

What’s a Liberative Prescription?

What’s a liberative prescription? A liberative prescription is similar to the statute of limitations. It is the time allowed by the law to take legal action. Prosecution for a crime or civil matter can only happen within a finite amount of time. After the time expires, there can be no legal action. However, there are exceptions.

Liberative Prescription vs. Statute of Limitations

Liberative prescription applies to civil cases. The statute of limitations applies to criminal cases.  These two issues vary from state to state.

A civil case involves a legal dispute between two or more parties. To begin a civil suit, a plaintiff files a dispute and pays a filing fee. The court or a negotiation process will determine the solution to a civil case.

A crime is a serious violation of the law. The guilty party can spend time behind bars or pay a fine. Crimes require court action and not negotiation.A public prosecutor will prosecute a crime.

Liberative Prescription Applies to the Following Civil Cases:

  • Personal injury
  • Torts
  • Property Disputes
  • Contract disputes
  • Complaints against the city
  • Equitable claims

Liberative Prescription for Personal Injury

In the legal sense, personal injury is a serious injury to the body caused by the negligence of another person. Litigation will only happen if the injury is material and has caused hospitalization, disability or death.

  • Liberative prescription for personal injury can range from as short as one year to as long as six years. It all depends on the state.
  • A liberative prescription of two years will mean that you will only have two years from the date of the injury to bring legal action. You should not wait until the filing deadline of a personal injury case in Baton Rouge expires. You should immediately contact a personal injury lawyer in Baton Rouge after the injury.
  • In most states, there is an exception in the form of a ‘Discovery Rule.’ This allows an extension of the filing deadline if the injured person was not aware of the injury or the fact that the actions of the potential defendant might have caused injury.

How Liberative Prescription for Personal Injury Can be Extended

  • If the defendant leaves the state after committing the injury, the liberative prescription will stop running until the defendant comes back.
  • In most states, the filing deadline can also be extended if the defendant is mentally ill, disabled, or is a minor.

The Bottom Line

You only have a specified time to file a personal injury case and subsequently obtain damages. After the time expires, you will no longer have any legal recourse. Thus, you should always act fast!

 

References:

https://en.wikipedia.org/wiki/Statute_of_limitations

http://legis.la.gov/Legis/Law.aspx?d=110515

https://qz.com/621922/americas-confusing-and-outdated-rape-statutes-of-limitations-hurt-victims/

Partially at Fault for Your Injuries? You Can Still Sue in Illinois

Accidents happen, and sometimes, we’re not prepared to avoid those accidents. We might not be giving around surroundings our full attention, or we might miss something that could have helped us avoid the accident. Unfortunately, that means that now you’re injured, and you believe you were at least partly at fault for your own injuries.

Unfortunately, many people think that, because they might be held responsible for their injuries, that they cannot sue. That’s fortunately not true in Illinois, though you’ll need help. Fighting back when you might be accused of partial fault makes it tough to recover, so seek out help from qualified lawyers in Belleville. They’ll fight to make sure you get the full compensation you deserve.

What is “Comparative Negligence?”

If you were partially at fault for your accident, then how can you seek compensation? In Illinois, fault in personal injury claims isn’t so black and white. The courts understand that there’s rarely one person who is 100 percent at fault for the accident, and they try to account for that.

That means you should still receive some compensation, even if you were partly responsible. Your claim’s worth will simply be diminished by the amount you’re found at fault for. You’ll only be barred from recovering any of your compensation if you’re found over 50 percent at fault for your claim.

For example, let’s say you slipped and fell, but you weren’t looking where you were walking. You might be held responsible for 20 percent of the fault for the accident. While you were found partly at fault, you should still be able to recover the other 80 percent of your claim.

Fighting Back for Your Claim’s Worth

When you’re injured and need compensation, however, you’ll need to fight back where possible for your claim. Medical expenses can be costly, and if you missed work during your recovery, you deserve compensation for that, too.

So, you’ll need a lawyer on your side to deal with the costs of your injury. Having your claim’s worth lowered can leave you struggling, after all. Your claim might have been worth $100,000, for example, before you were accused of negligence. Now, you’ll only receive $80,000, making it harder to recover.

While being partially at fault for your injuries won’t prevent you from being compensated, you’ll want to protect that compensation where possible. Reach out for help when you’re injured by someone else’s negligence, even if you were also at fault.

How a Lawyer Can Help

Unfortunately, while you’ll still be eligible for compensation, you could lose part of that compensation if you aren’t careful. You’ll need help recovering, and that means getting the full compensation you need for a full recovery.

To maximize your compensation despite being partly at fault, seek out the help of a lawyer. You’ll need someone who can fight back for your claim and ensure you get the full amount possible when you’ve suffered through an accident. While you might be partly at fault, the other person should still be held responsible for your suffering.

Is Indianapolis Safe for Drivers?

Whether you’re moving into a new city, teaching your child to drive, or simply traveling through a new area, safety is a high priority. You want to know that you and your loved ones are as safe as possible on the road. While it’s impossible to make the roads completely safe, you’ll need to know what to expect and how to protect those around you.

So, many Indiana residents are likely wondering just how safe Indianapolis is for drivers. Unfortunately, there are a few things that you and your loved ones will need to watch for. If not, you could be seriously injured and dealing with plenty of serious expenses.

Infrastructure Issues

When you’re on the road, chances are good that you’ve noticed a pothole or two. Unfortunately, damaged or defective roadways can make driving especially dangerous. If you spot any issues like these, you’ll need to take care to avoid them.

Potholes cause accidents all the time, unfortunately. Hitting one can damage your car, and that can cause you to lose control. For motorcyclists, this is more serious. Motorcycles are already more vulnerable to damage and difficult to control, so if you hit an unexpected pothole, the results can be deadly.

If the Department of Transportation poorly designed the road, however, you could also suffer for it. When a road can’t drain properly, for example, water can stand on the road, raising the chances of hydroplaning. Unfortunately, Indianapolis roads often have these infrastructure problems and can injure you.

Heavy Traffic Can Hurt

It’s not just the road, you’ll need to look out for, though. The drivers around you can be dangerous, and with the heavy traffic in busy areas, you could encounter a dangerous driver. Sadly, the high volume of traffic can leave you injured.

When another driver is texting, talking, or otherwise distracted, there’s a good chance that they won’t act quickly enough to avoid an accident. Worse, some drivers may even be driving under the influence, which puts you in further danger. Sadly, it’s difficult to escape these drivers in the middle of heavy traffic, making an accident more likely.

Get Help When You’re Endangered

It’s unfortunate, but a car accident can happen at any time in Indianapolis, and if that happens, you’ll need an Indianapolis car accident lawyer. With an attorney on your side, you can get the full compensation you need after an accident.

While it’s best to avoid a car accident and the need for a lawyer, it’s unfortunately sometimes impossible to avoid. Indianapolis is not the safest city for drivers, which means you’re at risk behind the wheel. You’ll need to do all you can to avoid an accident, but if that’s not possible, you’ll need to reach out for a lawyer’s help.