Workers Compensation

February 10th, 2012

Workers compensation is designed to help people who’re injured on the job. It compensates them for money that they’ve lost when their injury stops them from working. It can also compensate them if they’re injured because of something negligent that their employer did, or something that employer was supposed to correct or warn about but did not. How it works and what it can do for you are both very important issues that all employees should understand.

Who Qualifies For Workers Compensation?

In order to qualify for workers compensation, you need to be working for someone else. A self-employed writer who gets carpal tunnel, for example, wouldn’t be eligible for workers compensation. It’s a type of insurance, and it has to be paid by the employer. The regulations on who has to provide workers compensation insurance to employees can vary based on the size of the business and what type of company it is. Not every company is obligated to provide it, and some are only obligated to provide it to certain employees – such as full-time and not part-time workers. If you aren’t sure about qualifying, talk to your employer to get answers.

Do You Need A Lawyer?

Even though most on-the-job injuries are covered by workers compensation provided the employer is required to have coverage, that doesn’t mean that the employer wants to pay the employee for injuries. This can get very expensive, so it’s understandable that an employer would try to avoid paying. However, it’s also unfair to the injured employee. If you’ve been injured on the job and your employer won’t pay, you may need to get a lawyer to help you. You won’t necessarily have to sue your employer, though, because getting a lawyer involved may be enough to have the employer do what’s right. The fear of being sued might be sufficient to get things moving. If it’s not, you can always decide whether you want to proceed with a lawsuit.

What To Expect From A Compensation Claim

When filing a compensation claim, you shouldn’t expect to get rich. What you should expect is fairness, financially speaking, for the loss that you’ve suffered. If you can’t work, you should receive an amount comparable to the amount you were making. You also shouldn’t be fired or mistreated for filing a compensation claim, so don’t assume that filing a claim will cause problems. If it does, you may have to get a lawyer involved to protect your rights.

Workers compensation insurance is designed to protect your rights if you’re injured on the job, so don’t live in fear of filing a claim if it’s really necessary. Be respectful and only bring the court system into it if necessary, but don’t give up on your rights if things get difficult. You’re entitled to that compensation.

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Accidents Happen

January 30th, 2012

Encountering a disastrous vehicular accident that can cause upon the victim a life threatening personal injury or even an instant death is definitely not a joke. Expect that when a vehicle accident happened, the resulting personal injuries are severe. The most common cause of these vehicular accidents usually points out to the negligent action or inaction of another person, usually a reckless driver, a drunk driver or a driver taking prohibited drugs. Of course, we do not have any control over these drivers on the roads. What we can control is just our own driving. We can be careful and follow the speed limit set on a particular road, street or highway. By doing this, at least we are trying to lessen if not prevent the chances of us getting involve in a vehicular accident.

However, we may have been very careful while driving on the roads, streets or highways, there are still times wherein a vehicular accident involving us and another vehicle driver still occur. As they usually say “Accidents do really happen”. But if we come to think of it, we can say that accidents can be prevented. In fact, they are not inevitable. If we just exercise the required diligence in our dealings and affairs, particularly in our driving, we can say that these accidents can really be avoided.

Now is the time to make a difference. Let us not be careless. Let us serve us examples to other people in proving that vehicular accidents can be avoided. By being serious in this campaign, who knows? Maybe we can really prevent the happening of these unfortunate incidents. Let us also make a stand and spread our advocacy. We should create awareness about our fight and let us do our best to achieve this goal of ours because contrary to what others think that vehicle accidents are inevitable, we just believe otherwise.

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Negligence – Legal Causation

January 26th, 2012

In order to prove a case in negligence, a party must be able to prove both legal and factual causation. In other words, the party must not only be able to prove that the actions of a party proved something but that the actions were also a legally sufficient cause to hold someone liable and find negligence. Factual and legal causation are said to be distinguished from each other in an effort to avert the danger of a defendant being exposed to “liability in an indeterminate amount for an indeterminate time to an indeterminate class,” according to Justice Cardozo.

Once a party has factually proven that the actions of the other party have caused his or her injuries, the question becomes one of legal causation. One of the key factors influencing legal causation is the remoteness of the person’s harm from the negligence of the other. A person’s negligence is too remote or not a “proximate cause” of another’s injury or damages if a reasonable person would never reasonably foresee it happening. The idea of legal causation is to prevent negligence damages being awarded in events where no one could foresee something bad happening and so take the necessary steps to avoid it.

In cases involving medical malpractice, proximate cause is something easier to prove, particularly in surgical errors. In failure to diagnose or missed diagnosis cases, the issue of proximate cause is not nearly as easy to prove since it’s not as easy to tell what the actual damages are. Surgical errors are much easier, unless an individual has undergone a lot of surgeries with a number of different doctors in a very limited period of time. 

In medical malpractice cases, it is usually harder to prove that there was a breach than that the doctor who committed an error was negligent in terms of legal and factual cause. Determining the breach is more difficult since the error that was committed was not necessarily a monumental error or even identifiable as an error at the time it was committed. Causation is much easier to prove since there are typically very few surgeons capable of making an error on a person at one time. Damages are also usually somewhat simple to prove for the same reason. Depending on the case, particularly in surgery, it is simple to say “I have no feet because the doctor amputated the wrong one.” The damages in the case are clear. The difficult part, for the jury, is awarding monetary damages.

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Common Legal Penalties For Embezzlement

January 8th, 2012

Embezzlement is a felony offense that means stealing money from a business or public office. One of the reasons that it is such a serious offense is that the people who commit it are assumed to have been in a position of trust with the victim. The common legal penalties for embezzlement vary from state to state, but they always include fines and jail time.

The fines for embezzlement depend, in part, on the amount of money that was embezzled. In general, the fines for embezzlement are not to exceed $500,000 or twice the amount stolen, whichever is higher. This means that if someone embezzles $400,000, they may end up paying fines that are as much as $800,000.

There are penalties for embezzlement in addition to fines, but they vary depending on where the crime is committed. In most cases, someone who commits embezzlement can expect to serve up to ten years in jail. Other penalties may also include probation and community service, depending on the circumstances and the state.

There are rare circumstances in which someone may be able to avoid jail time for their embezzlement charge. In order for this to happen, they would need to be able to pay back the amount that they embezzled in full. They would also need to be a first time offender, and it would depend in great part on the judge and the point of view of the victim.

When someone has been put in a position of trust and they then break that trust by embezzling funds, they can expect harsh legal repercussions. The common legal penalties for embezzlement will almost always include jail time and fines, which are determined based on the amount of money that someone embezzles. All of the penalties vary from state to state so they may be more or less harsh depending on where the crime was committed.

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Dangers of Electricity

January 2nd, 2012

Electricity is a vital part of modern life. It not only provides the power for endless sources of amusement but also makes a huge number of the modern conveniences, like air conditioning and cell phones, possible at all. Light is far more dependable with electricity than it was with oil, candles, and whatever else was used. While electricity has many benefits, it can also be extremely dangerous.

One of the first dangers of electricity is its unpredictability. This argument is particularly true when dealing with lightning. Lightning storms and thunderstorms, which require lightning, are capable of popping up at a moment’s notice. The electricity contained in a single bolt of lightning can due huge amounts of damage to a structure. It also contains a lot of heat capable of starting fires in buildings, forests, and anywhere else.

Another danger of electricity occurs when there are problems with the power lines that carry the electricity we rely upon from the power plants to the individual homes. When these lines and their poles are not adequately maintained, they can be taken down in a wind storm, by ice, or other occasions. When the lines come down, they can injure passersby, land on cars and damage them, or injure other items in the area.

Electricity is also a danger in the home itself. Many of the most commonly used items in any home require electricity. If there are flaws in the electrical system, the item can short circuit and start a fire. Interaction between the electrical item and other things in the home can cause huge problems in terms of shocks. Careless use of a hair dryer by a bathtub or near a puddle can result in huge shocks to the person drying hair.

A further risk for electricity is in the wiring of a home completely. Many of the older homes in the country have old electrical wiring. Like all things, wires are capable of wearing out and becoming less trustworthy with age. The age of the wires themselves combined with modern electricity usage requirements means that it is very possible for an older home with older wiring to be incapable of handling the electrical requirements. This can lead to shorts in the system and result in fires.

Overall, electricity has many hazards and requires that individuals always take it very serious. Downed power lines should be avoided and the threat of thunder or lightning should be taken seriously. Overall, maintaining a home’s electrical system can have the greatest benefits.

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Top 5 Reasons Why I Blog

May 2nd, 2011

I blog, and I’m not ashamed of it. Sure it’s addictive and I could probably put the time I spend on it to better uses like showering, eating, or going to work. However I feel that being smelly, malnourished, and unemployed is a small price to pay for having a blog that gets updated daily.
In an effort to educate the masses I have decided to share with the world the top 5 reasons why I blog. Hopefully one or more of these points will resonate with a few of my readers and they will be moved to start blogging, or worse case scenario, read and comment on my blog daily.
1. Boredom
Believe it or not, I have no life. I know, I know, when you read my articles, hubs, and tweets it seems like I have soooo much going on, but it’s all just a clever facade. I’m really just sitting in my room staring at the lime sherbert colored walls and wishing that I had remembered to Tivo something interesting to watch. Blogging is a great way to break up the monotony and keep me from slitting my wrist or worse watching FOX News.
2. I Hope To Get Filthy Rich
Perhaps the word ‘filthy’ doesn’t correct describe how rich I hope to get from blogging. But I guess it’s close enough for you to get the general idea. I want my blog to make me so much money that I’ll have to take 2 hour showers just to get the money smell off me. I want a yacht, 3 mansions, (one for summer, one for winter and one for Black History Month) at least 15 cars, and as many servants as the law will allow before I have to get them Workers Comp insurance(I’ve heard it’s expensive). I also want a teeny, tiny dog and a blinged-out manpurse to carry it around in.
Of course, I haven’t figured out how I’m going to make all that money off my blog but I’m sure it’ll involve Facebook, Suze Orman, and Google Adsense.
3. Doesn’t Everybody?
These days it seems like everyone has a blog. I think they give them away a puberty. It’s like a rite of passage. Turn 15, lose your virginity, start a blog. I know people whose pets have blogs. My garbage man has a blog. My mother…wait, well maybe not everybody. My point is that blogging is like shopping at Wal-Mart: everyone else is doing it and, like it or not, sooner or later you will too. Actually, I guess this isn’t a reason why I blog as much as it is a reason why I don’t not blog but you get the point.
4. Chicks Dig Bloggers
Rapper, pro athletes, and actors are out. Bloggers are the new sex symbols. No longer are doctors, lawyers, and firemen the guys that attract the fairer sex. Nope, these days the ladies want the bloggers. Who cares how much you make a year, the hot model chicks want to know how often you update and how many loyal readers you have. Don’t believe me? That’s fine, I don’t care if you believe me or not…just don’t wake me up from this awesome dream.
5. For The People
The People need hope. They need dreams. They need something to look forward to everyday when they drag in from work and log on to cyberspace. My blog provides that. Nothing cures having a horrible day and almost getting fired like reading about what my roommate left on the floor of the bathroom this morning. Nothing takes your mind off being married to a spouse that you haven’t loved for the past 15 years like reading wee bits of poetry that I thought up on the toilet. Nothing makes you realize how good your life really is like the pictures of my possessions and the true-life stories that I post on my blog. Keep that in mind while you are laughing your heads off people…I do it for you!
If you want to read my blog here’s the link: http://mr3rdwheel.blogspot.com. Keep in mind that I just moved it over from Wordpress so it looks a little skimpy. But not for long I assure you. After all, chicks hate skimpy blogs…

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Tips To Opening A Business

April 24th, 2011

Businesses come in all shapes and sizes. Some business owners started as kids, selling lemonade on the side of the street, while other business owners have bloomed later after years of careful planning. Whatever stage of life you’re in, owning a business can be one of the most rewarding experiences you’ll ever have. Starting a business is not for everyone though. Starting a business requires inspiration, hard work, planning and persistence.
Inspiration
The inspiration of business owners can range from not having a boss, to making more money to improving the local community, to any number of other motivations. Whatever the reason, having strong inspiration will help you get through anything, including starting a business.
Brainstorm
After you’ve been inspired to start your business, brainstorming is a good next step. What do you like doing? What does the world need? What can you provide that others can’t or haven’t? After you have a bunch of ideas, think up some more. It is, after all, the unique idea that often makes a business financially successful.
Research
Finding out what potential competitors are up to can give you ideas and also help define how your business will be different from others. Market research can help determine what products and services to offer. Further more, reading up on a variety of business topics, like advertising, marketing, management, unique selling points and more, can give you a huge edge.
Funding
Most businesses require some sort of funding to pay for all of the things listed above. In today’s world, where an EBay account can be opened and items listed for next to nothing, don’t be fooled into thinking that starting a business is going to cost tons of cash. Some businesses will require serious money to be invested upfront, while some home-based businesses can require a few hundred bucks or less.
After making estimates of your expenses, you will have a goal as to how much you will need to run your business. If your new business is going to be your only source of income, it is best to have at least two years of savings to allow your business time to become profitable. If you will have another source of income, such as a part time job, then you may have more flexibility in allowing your business the time it needs to float on its own.
Funding can come from savings, bank loans, friends and family, investors, donors, credit cards or other options. It seems better to over estimate your needs than to underestimate them and be left with not enough cash.
Revenue Flow
How will your business make money? If it is selling a product, how much will actually be made from each sale? When making this calculation and factoring in overhead estimations one can then determine how much needs to be sold to break even. Don’t sell yourself short because you’re a new business.
Legal
There are hundreds of laws that pertain to running a business. To understand and abide by all of these laws, legal consul is in order. Consulting a lawyer will also help protect your business with properly written contracts, terms of services, nondisclosure agreements and the likes of such. It is much better to have the confidence of having consulted with a lawyer than to wait until you really need one, when the damage has already been done. A poorly written contract, or no contract at all, can cost a business huge sums.
Employees
Having employees opens the door onto new realms of legal issues including tax withholdings, worker’s comp, rules regarding minimum wage, overtime, required postings, record keeping and so on and so on. Having a specialist to handle these factors is very helpful to companies employing more than the owner.
Accounting
Software like Quick Books and Quicken can help the small business owner keep track of business accounts much more easily than without. Still, using a good CPA is highly recommended for helping uncover expenses and rebates and giving you peace of mind should you ever get audited.
As with all things, going for the cheapest business solutions will often cause a headache down the road. Spending a little more on an experienced professional, complete with references, goes a long way when you really need it to. Choosing a lawyer, CPA or Payroll Company based on cost alone can get you in big trouble. There are reasonably priced professional services out there, but make sure to shop around for one with good references and qualifications before choosing.

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Car Wreck While On The Job? KY & TN Auto Attorneys

April 16th, 2011

Attorney explaining some of the intricacies of a case involving both Worker’s Comp and Auto Insurance. Kentucky and Tennessee Worker’s Comp Lawyers and Auto Accident Attorneys – Hughes and Coleman – www.HughesAndColeman.com

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