Mar 1, 2017
Based on the 2013 record of the U.S. Department of Labor’s Bureau of Labor Statistics, working environments accounted for 4,405 deaths; 796 of these deaths were in construction sites, with the top four causes being: slips, trips, and falls; getting struck by a heavy or moving object; electrocution; and, being caught between objects. These causes are known in the construction industry as the “Fatal Four.”
When it comes to job-related accidents, industrial workers, particularly, construction workers, are the ones at the greatest risk. This is due to the heavy tools and equipment, and hazardous substances used in construction sites. Not to forget, the great heights that construction workers often need to ascend when performing their job.
Before 1971, and especially during the turn of the 20th century, construction workers who got involved in accidents during the performance of their work had to suffer the consequences of their misfortune alone. This is because employers usually reasoned out that danger was always associated with the work. Injured workers then had to resort to filing a lawsuit against their employers just to receive compensation, which would help them pay the costly medical treatment and which was supposed to cover the wages they would lose due to inability to work (for days, some for weeks or months). Some got paid, with a meager amount, but whether one got paid or not, one consequence of the lawsuit was certain – a destroyed relationship between worker and employer.
Falls, which account for about 40 % of all construction site injuries and deaths, are frequently due to poorly maintained or assembled scaffolding and work platforms, elevated surfaces or uneven floors, improper use of ladders, unnoticeable ramps and excavations, unprotected sides and edges, overhanging steel bars, lack of training on observance and strict implementation of safety measures, lack of protective gear and/or equipment, and so forth.
Being struck by a heavy or moving object is the next leading cause of injuries and deaths in construction sites. Getting hit by falling tools or construction vehicles are examples of this, while resulting injuries can include injuries to the head and/or neck, brain injury, back injury, etc.
The third most common cause of harm among construction site workers is electrocution. Damaged high voltage wires and lack of ground fault can cause severe injuries (or even death) to unsuspecting workers, many of whom have suffered serious burns, disfigurement or limb amputation.
Disfigurement or a limb getting amputated is also common when a worker gets caught or wedged between heavy or sharp objects, resulting to injuries that require days away from work. Some injuries are also severe enough to leave a worker disabled and unable to work again.
The many different harmful dangers that construction workers face every day is why failure to comply with safety and health standards that result to lack of employee protection against accident hazards or illness is a violation of the OSHA mandate to which an employer can be held totally liable.
The Goings Law Firm, LLC says “the construction industry can place both workers and anyone who passes by construction sites at risk of suffering serious injuries or harm. The nature of construction sites means that people are often in close proximity to large, dangerous equipment, hazardous substances, and unstable sites, which can cause life-altering physical harm or even death when proper precautions are not taken. Whether the injury was caused by someone’s negligence or while you were on the job at a construction site, the law may provide you and your family compensation for your injuries.”
Jun 17, 2016
Millions of people want to go to the United States for a better life, and to help these people the US government gives out different types of working visas that would allow workers to practice their profession in the country for a certain amount of time. One such visa is the EB-3, or the employment-based immigration visa. The good thing about this visa is that it can possibly lead to a green card or a US permanent residence. It is made available for three categories: professionals, skilled, and unskilled workers.
According to AmLaw Global, you need to have a job offer (which should be a full time job) from US company or employer. Professionals are required to present a US bachelor’s degree or any equivalent foreign degree. Those who are skilled workers can apply provided they have more than two years of experience and training, while unskilled workers are eligible to apply if their chosen work or position asks for less than two years of experience or training. There are various steps in EB-3 visa process, and some might need help from your employer or an immigration or visa lawyer. In order to have a successful application, it helps to have all the help you can get.
Furthermore, the whole visa process can take a long time to get approved. In order to have a smother and possibly faster visa process and application, make sure that all your papers and requirements are readily available. Make sure that you are aware of what to do next, and where to go and what to present. This can easily be done through the help of your visa lawyer. The whole process can take a number or months to even years, so patience and perseverance is important. There are a number of factors in the EB-3 visa processing that can be out of your control, but being meticulous and prompt in submitting the needed requirements and fees can greatly enhance your chances of being approved.
Feb 17, 2016
Property division is one of the heated topics discussed during a divorce, especially when both parties can’t come to an agreement. When this happens, it will be up to the judge to determine and rule over the issue using the state laws as ground rules. These divorce laws and statutes differ from state to state, and making sure so the division of property is based on fairness rather than equality can be a challenging issue. The Illinois State Bar strives to to remain sensitive to the changing needs and mores of families and individual family members in our society.
According to Peck Ritchey, LLC, there are states that permit the distribution of properties according to separate and marital properties, with the source of the property being considered and counted during the appropriation of properties. After separate properties have been identified and distributed properly, the marital property will then be discussed and divided. Property division attorneys play a vital role in ensuring that both separate and marital properties are divided fairly between both spouses, with the rights and interests well protected so that the division or property will be fair and lawful.
The website of Marshall & Taylor PLLC indicates the division of assets and properties during a divorce has a huge impact on the Medicaid eligibility requirement when only one spouse is in need of nursing home care. In the state of Illinois, all pension benefits are considered marital properties if they are acquired by one of the two spouses after the marriage regardless of who partakes in the plan. This is a very important matter, especially since the long-term care of one spouse will be affected. This is the reason why lawyers are important, since they understand how elder law works and can provide advice and help in ensuring that proper care is provided for elders so that financial concerns, among others, can be given.
Because divorce is a big decision that can affect many aspects of both spouses and their children, it is important to find lawyers who can help guarantee that both parties are put in an agreeable position. It is not only a financial issue, but divorce will affect the family emotionally in the long run, therefore a divorce proceeding that ends in mutual respect and understanding will be the best to ensure that the future will be protected.
Feb 16, 2016
With cosmetic surgery on the rise, many people who wish to have the perfect face and body flock to various cosmetic surgery clinics to get what they desire. With the rise of demand for such procedures, many bogus and under-qualified doctors performed operations that resulted in not-so-desirable and even disastrous results. Because of this, many patients tend to find other clinics to help correct the botched procedure they have undergone. To avoid this, the Mayo Clinic recommends you choose a surgeon who specializes in the procedure you’d like to have done and is certified in the specialty by a board recognized by the American Board of Medical Specialties, such as the American Board of Plastic Surgery or the American Board of Facial Plastic and Reconstructive Surgery. Beware of misleading certifications from unrecognized or self-designated boards.
There are many benefits to corrective plastic surgery. Aside from a botched operation, corrective surgeries are also necessary for those who have birth defects, been through accidents, or just simply want to improve their overall image. It is often a personal decision, and although it is not a solution to life’s problems, it has its own benefits that run further than physical satisfaction. As Bergman Folkers Plastic Surgery explains, cosmetic surgery, especially corrective procedures, can greatly improve not only the physical but the mental health of the patient. Among the immediate effects of cosmetic surgery is enhanced self esteem. This can bring about various indirect benefits as well, such as getting off of anti-depressants for those who suffer from depression prior from getting any cosmetic procedure. Emotional and mental wellbeing is greatly impacted when a person feels good and confident about themselves.
Furthermore, the need for corrective cosmetic surgery can provide physical benefit for the patient. In cases where the botched procedure resulted in physical deformities that restricted normal every day functions, corrective surgery can help in the health and wellbeing on the patient. Correcting a wrong rhinoplasty – or commonly known as a nose job – can help in relieving breathing problems from the patient. This is important, as lack or poor sleep can lead to various health complications such as fatigue, heart disease, and high blood pressure. Deep and heavy scars caused by fire accidents can help give back functions to limbs and face. There are a number of benefits that corrective cosmetic surgery can provide, so it should not be easily brushed aside.
Feb 14, 2016
Transvaginal mesh are a type of surgical mesh to help provide a permanent fix to Pelvic Organ Prolapse (POP) as well as from Stress Urinary Incontinence (SUI) following a hysterectomy, childbirth, or menopause. When a woman’s pelvic muscles weaken, her pelvic organs can descend into the vagina can cause POP. In order to prevent this, doctors surgically put the mesh either transvaginally or abdominally. However, most doctors prefer to do it transvaginally because it is faster, easier and are less invasive.
The dangers of vaginal mesh and the rise of vaginal mesh lawsuits stem from several mesh products which became unsafe and unreliable. Many vaginal mesh products ended up causing their patients serious health complications, from infections to erosion of vaginal tissues to even organ perforation. The website for Williams Kherkher states that there are as much as hundreds of thousands of vaginal mesh lawsuits filed in the United States, with many more pending in various state courts.
According to www.williamskherkher.com/practice-areas/defective-pharmaceuticals/vaginal-mesh-lawsuit/, there are many patients who have fallen victim to defective transvaginal mesh products, and many of the victims have to go through revision surgery and extremely difficult mesh removal because of the defective mesh product. What makes these cases complicated is the fact that the FDA (or Food and Drug Administration) did not demand manufacturers of transvaginal mesh products to conduct research studies on humans before being sold on the market. Further studies on the safety and long-term effects of transvaginal mesh products were not made, which eventually gave way to health risks and complications after the surgery.
Because of the severity and number of victims, women who have suffered complications from transvaginal mesh products can contact their lawyers to help with their injury claims. Complications need to be remedied, and this requires money to pay for maintenance and further surgeries. Furthermore, the FDA requires hospitals and health care facilities to submit reports of deaths and severe injuries related or caused by vaginal mesh products in order to make the manufacturers liable for their negligence.
Feb 12, 2016
Although preventable, workplace injuries are very common, especially in a number of worksites such as construction and mining. In fact, according to ABC news, an average of 50 to 60 coal miners die in this country every year while they work. If you ask any Minnesota workers’ comp attorney, a worker who was injured in the workplace or during working hours has the right to workers’ compensation benefits, regardless of who caused the accident. However, the injured worker also has the option of filing for a personal injury claim against the person who caused the accident if the cause was due to recklessness or negligence and the resulting injuries were significant enough to seek for damages. In order to understand which option is best to go with, it is therefore vital to know the difference between personal injury claims and worker’s compensation benefits.
The main difference between workers’ compensation and personal injury claims is that the latter is dependent on establishing fault, while worker’s compensation is not. Recovering damages for personal injury claims require proof of negligence on the side of the other party, which means evidence should be provided that they did indeed were at fault. On the other hand, worker’s compensation benefits are given to workers injured while on the workplace or when performing their duties regardless of who was negligent. Even when you caused the accident, you are still entitled to worker’s compensation benefits.
As for damages, The Benton Law Firm states that personal injury claims entitle you to recover all types of damages, including pain and suffering, among other things. Workers’ compensation, however, can only provide for lost wages, permanent disability benefits, vocational rehabilitation, and medical bills. Those who have availed workers’ compensation may not be allowed to file for personal injury claims, as workers’ compensation law also protects the management and company from lawsuits after workplace accidents. Although majority of workplace injuries are covered by compensation, there are specific cases where this benefit is not awarded to the injured worker. Compensation may be denied when the injured worker was under the influence of any prohibited drugs or alcohol when injured, as well as when the injuries were self-inflicted, when violation on company laws or policy was made, or when the injury occurred while not on duty.
Feb 11, 2016
Electrocution or electric shock injuries are very common in construction sites. According to the website of Ali Mokaram, there are clear statistics that show the dangers of construction workers’ exposure to electricity as one of the leading causes of deaths in the workplace. In the United States, electrocutions rank as the fourth leading cause of death among construction workers, with electrical workers being the top victims, then construction workers and carpenters, roofers, and supervisors of non-electrical workers.
For electricians, the danger comes from working with “live” wires or being near them and mistaking de-energizing and lockout/tagout procedures. According to the Occupational Safety and Health Administration (OSHA), electrical hazards can cause burns, shocks, and death by electrocution, For non-electricians, the risks arise from failing to avoid overhead live wires and the general lack of primary electrical safety awareness. Electric shocks can come from either direct or indirect contact, and any injury caused by strong electrical currents can have various effects to the body. Electrocution is the fatal result of a very strong electrical shock.
Non-electrical workers, such as those in the construction site, are in danger of electrocution via contact with hanging power lines after they have failed to de-energize or take care of the power lines or failing to keep the designated minimum clearance distance from live power lines. Based on information from the Abel Law Firm, many workers who suffered electrocutions or electrical shocks were injured through contact with electrical equipment, machinery, power tools, and defective power or extension cords. These physical contacts occurred on metal ladders, pipes, wires (that were intentionally stripped or cut or were accidentally damaged by drills or other tools) and other equipment or vehicles energized by live wires.
Furthermore, workers in cramped areas were a major contributor in electrocutions and electrical shock injuries. Water in the workplace also increased the risks of electrocution and electrical shock injuries, and even low-voltage contributed to accidents and construction site injuries. On order to prevent or lessen the dangers that come with working with electricity, construction sites should always follow the OSHA safety guidelines and ensure that they train their workers properly. Likewise they should also comply with the specific permit systems and procedure to ensure the safety of their workplace and their workers.
Feb 9, 2016
For those who wish to have their criminal records sealed or erased should consult a lawyer to help with the process of criminal record expunction or non-disclosure. These two options help in giving those with criminal records a chance to move on and have better opportunities in life, especially when many people who have criminal records suffer from discrimination and limitations even when the charges or the case was dismissed or never ended in a conviction. In the state of Texas, people who fit a certain criteria can file for expunction or non-disclosure after a wrongful arrest or after completing your deferred adjudication program.
In order to know which option is best for you, it is important to know what expunction and non-disclosure does and how they can help you. According to the State Bar of Texas, once a person’s record is expunged, all information is removed from the criminal record and that person can deny the incident ever occurred. Expunctions are the ones where the records will be destroyed, while the non-disclosure will only seal the records against most private agencies. Choosing expunction would be the best option since many government as well as licensing agencies can still legally view your sealed records.
Before pursuing an application for expunction or non-disclosure, it is best to talk with a lawyer first, for a number of reasons. The Law Offices of Mark T. Lassiter website states that Texas laws tend to change a lot and can be too complicated for ordinary people to keep up with. Consulting with lawyers qualified and knowledgeable on such cases is vital since you are only given one opportunity to qualify for either expunction or non-disclosure. It is also important to hire a lawyer to help you through the whole process.
Because convictions tend to last a lifetime, having the option for expunction or non-disclosure can undeniably affect a person’s life and their future. Through Texas law, you can clear up your records or seal them to help forge a better future without any judgment or discrimination from past mistakes. You should know your rights and take advantage of them as much as possible.