Category: legal

According to statistics from the Centers for Disease Control and Prevention, from 1999 to 2001, almost a third of nursing home facilities in the United States were actually cited for violating federal standards in relation to keeping their institutions safe. These violations can cause harm, to the elderly residents of the facilities. At that time, nearly 10 percent of those institutions had something that posed risk of death or injury, or already caused the deaths of elderly individuals.

Outside those years, more than 40 percent of residents from nursing homes have actually reported some form of abuse. 90 percent of them also shared that another resident, not just them, may have been neglected as well.

While these statistics don’t necessarily imply there’s always negligence associated with nursing home injuries, they are part of the legal considerations you should consider when dealing with such.

Considerations With Nursing Home Injuries:

These statistics show that nursing home injuries can affect a lot of dimensions, not just in the lives of residents, but in the lives of the people who care for them and the institutions themselves. While this doesn’t imply that all nursing home facilities are unsafe, it does mean you should be more wary of nursing home injuries, as they may also be signs of forms of neglect and abuse. Here are legal considerations when dealing with a nursing home injury:

• Was there negligence involved? You have to check if there was any form of negligence done on part of the employees and workers inside the nursing home. Sometimes elderly residents of the nursing home might be left to their own devices without proper supervision, and as such may experience injuries.
• Was there any form of physical abuse involved? You also have to check if there was in any way any form of abuse that occurred inside the institution? You have to be able to determine whether staff inside the nursing home actually conducted some form of abusive move such as hitting or intentionally injuring the elderly.
• Was there any form of emotional and sexual abuse involved? Sometimes, aside from physical abuse, you have to look for signs of emotional and/or sexual abuse. If you think your elderly loved one is adversely reacting to things that are otherwise safe, they may be reacting towards materials that have been used to harm them. You may have to check in on these things as well.

• Was there any way to ensure that patients and residents are receiving adequate care and treatment? A lot of elderly patients and residents in the nursing homes are also sent there in order to receive adequate care that otherwise couldn’t be provided by their immediate relatives. If you have an elderly parent or relative in the home for that reason, you should check if the care they provide is up to standards, or if its substandard care. If it’s the latter, then it can be a potential lawsuit.
• Was there negligence in terms of hiring? Do you think the nursing home has negligently hired someone who ended up intentionally harming, abusing, or neglecting a resident? This might be because of lack of adequate supervision and training on part of the institution.

Conclusion

Nursing home injuries can be caused by a lot of things, and if you think the injuries weren’t something the elderly or the resident has done, then you may be looking at a lawsuit. However, before being too quick on your toes, do assess the above first with a lawyer to determine the kind of actions you can take. Click here to know more.

According to the World Health Organization, there are approximately 1.25 million people that die as a result of road traffic accidents annually, which means around 4,300 people die every day due to the same reason. These numbers make road traffic crashes the eighth leading cause of deaths among individuals today, and outside these numbers, another 20 to 50 million people in fact either suffer from various injuries or even end up being disabled as a result of a car accident.

When you’re caught in a car accident, it’s important to understand that there are a few key legal factors involved that may help decide on your best course of action related to the incident. These are the following:

On Blame: Who Gets It?

When it comes to injury cases, seeking for compensation is a common thing to be expected. However, before a case on injury is won by the plaintiff, it’s important to first establish blame properly. Blame is an integral part of an injury case as this declares that a party has in fact caused the injury in question. Proving blame can be done in these parts:

• The defendant has an obligation to provide reasonable care to the plaintiff, especially when it comes to the activity in question. In the case of a car accident, the defendant is obliged to keep other drivers, pedestrians, and even passengers safe by virtue of owning a vehicle.
• The defendant has “breached” or broken this duty and obligation. There has to be an assessment if the driver in question has breached the duty because of recklessness or negligence, or if there was intention involved.
• The defendant’s breach of the duty has caused the injury in question.
• Establishing blame properly can be an integral part of your case, as this determines whether or not you may or may not receive compensation.

On Compensation: The Damages

When it comes to compensation, it’s important to remember that there are various kinds of compensation for various kinds of “damages.” In the case of a person, damage done to them is called an “injury” and there are various kinds of compensation related to this.

• Economic compensation involves quantifiable costs that have to be reimbursed throughout the course of the accident and the trial. This is because the plaintiff has spent their money on treatment that should otherwise be the burden of the defendant.
• For instance, things such as hospital bills, therapy, medicine, and other expenses that could be attributed to the accident can be retrieved through economic compensation.
• This is why it’s important to make sure you have documentation on hand, such as receipts, records, and correspondences.
• Non economic compensation involves qualitative things the plaintiff has lost due to the accident. These may involve pain and suffering, the mental and emotional strain on the plaintiff due to the subject, the trauma they may have experienced, relationships that may be ruined, and job opportunities that might be lost.

Conclusion

When it comes to car accidents, it’s important to understand that it’s important to first and foremost make sure you’re safe and you haven’t suffered major injuries. Unfortunately, car accidents can also have a profound effect on various aspects of your life. It’s important to get a good grasp on your legal options and key considerations before moving forward on what you’re supposed to do. Do click here for legal assistance on the matter.

When it comes to workplace injuries, even employers take a toll. This is why there’s much effort placed in making sure workplaces are safe for employees. In fact, according to the International Labour Organization, there’s an estimated 2.78 million fatalities that are related to workplace illnesses and accidents every year. This is on top of an estimated annual 374 million people suffering from workplace illnesses and injuries. These instances tend to lead to extended absences, which can mean huge hits on the productivity and the efficiency of the workplace. This also poses a grave risk to the lives of employees both inside and outside the company.

For companies with a sizable number of employees, it’s important to ensure that everyone is aware as to how avoid work injuries. This ensures that safety across all departments is consistent and methods in ensuring such are well maintained.

Establish Workplace Rules, Regulations

When company safety is put in perspective, it’s important to understand how important it is to establish protocol among members of all departments properly. This is best done through the employee manual or a separate safety manual that entails everything one needs to know about company regulations on safety and maintaining them consistently.

• Companies tend to have different policies and requirements when it comes to safety, but the basics are more or less the same. It’s best you consult a lawyer and/or a safety professional on the matter to ensure things you’re about to put in your manual or handbook are based on industry standards and state laws.
• There’s something called an accident book or a similar report that should exist on your end. Its purpose is to keep track of all accident reports employees file whenever they experience injuries. These reports contain relevant details about the accident such as when and where it occurred, and other details for accuracy.

Provide Facilities, Equipment for Safety

Aside from establishing proper guidelines and protocol for safety, it’s also important to make sure there is adequate equipment and facilities to provide a means of safety in the first place.

For instance, there should be places like clinics in the workspace to ensure there are people available who can provide immediate assistance to those who need them.

• There should also be proper equipment for employees to use to ensure safety. These can be in the form of equipment for them to use such as safety gear, vests, gloves, and helmets. Other forms can be proper signages and other safety mechanisms to warn each other and pedestrians of dangers in places such as construction sites.

Conducting Training, Feedback, Maintenance

Another integral part of ensuring safety in the workplace is to ensure there’s a way of following through with the above methods. It’s not enough to have a handbook or a guide, and equipment and facilities for your workers to avoid injury in the workplace. They have to be able to understand how these guides work for their benefit as well.

• This can be done by making sure staff are trained on how to use the equipment they have and how these relate to the protocols they have to follow. If there are tests to be provided to ensure their understanding of workplace regulations and equipment usage, do so with proper consultation.
• Make sure everyone is aware of what their duties are and what these duties entail in times of emergency. Make sure these chains of command remain intact all throughout the time people are working.
• Conduct regular maintenance not just on the equipment and the working environment, but on policies as well. If there are too many changes in industry and safety standards that you think there might be in need of a change, then perhaps it’s time to update your guidelines.

Conclusion

Remember, when it comes to keeping everything in your workplace safe and sound, it’s important not just to try to keep everything safe through providing equipment and a suitable environment, but to make sure everyone knows how to move around them as well. Do click here if you feel as though you’ll need further legal assistance on the matter.

According to the World Health Organization, around 1.25 million people die from vehicle crashes every year, with 4,300 people dying every day due to the same accidents. Of these numbers, half of those casualties are actually “vulnerable road users,” or the WHO demographic that includes motorcycle and bicycle drivers, and pedestrians. This makes vehicle crashes the eighth leading cause of fatalities across people worldwide. Outside these numbers, an approximate 20 to 50 people actually suffer from various kinds of injuries, or even gain a disability as a result of these crashes.

When it comes to recovering from a car accident, however, don’t forget that it’s something that can be done. It may need a bit of time and patience to accomplish, but it’s achievable given the appropriate care and effort. Here are a few key tips on recovering fully:

• Your mentality counts. Remember, treatment isn’t just physical, but mental as well. The prescribed treatment for you can only work if you yourself put your mind to it. Acknowledging that it will take time to heal and that you have to be patient when it comes to the healing process allows you to have a better understanding of what needs to be done in order to accomplish what your body and mind need to do in order to heal.
• You have to work slowly. Remember, as much as it’s frustrating to have an injury to recuperate from, it can’t be done quickly. Just like how it takes practice to be good at something, you need to have practice in order to recover from your injuries. Working slowly isn’t a bad thing as you need to be able to get your body acquainted again to its various functionalities.

• You have to eat right. Remember, just like how abs are made in the kitchen, recovery is also best done with the right kind of diet. Just because you’re on a break doesn’t mean you can eat anything you want. Remember to ask your physician or a dietician about the kind of diet you need for your particular injury, so you are at least sure that the kind of strength your body needs is accessible thanks to the food you’re consuming.
• You have to rest. Sometimes, frustration can come to you when you think you’re recovering “too slow” for your own good. This mentality isn’t good as this can make you overexert. Remember, overexertion can lead to other injuries, as this can strain your muscles on difficulties they aren’t prepared to handle yet. Take rest whenever you need it, and don’t put too much stress on your recovery. Remember, your body will not be weak if you get adequate rest. Recovery is what helps muscles slowly develop and repair themselves.
• You can ask for help. Remember, one of the most important things when it comes to recovery is acknowledging the fact that sometimes, there really will be instances where you need help. Don’t be afraid to join support groups and consult therapists whenever you feel as though everything is overwhelming and you can’t do anything properly anymore. Their insights on the matter might be able to give you a renewed perspective on life.
• You can plan ahead. Remember, your treatment isn’t stopping you from achieving a better life. If you had plans prior to your accident, take time to reevaluate them and choose the plan that works for your particular situation. This is the perfect time for you to make amends with your thoughts and plan for your future given your circumstances.

Conclusion

When it comes to dealing with your treatment from injuries, always remember that it takes time and effort for you to accomplish your goals. The same way you train for a skill or a talent you possess, it takes patience and perseverance to get your back to a working condition. If you feel as though you need legal assistance on things such as compensation, do click here to learn more.

When it comes to setting up your business, there are a lot of factors to consider. Sometimes there are attractive options and operations you may want to institute right away, but don’t do everything just yet. In order to get your business up and running with a team of reliable employees, here’s a “Business 101” topic for you: just what should you know about employment law?

According to FindLaw, employment law covers all the important aspects of an employer and employee relationship. Not only does this cover the obligations and rights of both parties, but also the things both employers and employees can do within the context of their professional relationship. As such, forming a business is best done with at least a basic understanding of employment law, and the guidance of professionals such as lawyers to help push your plans for a productive workplace through to fruition. Here are some points you shouldn’t forget:

Obligations as Employer and the Rights of Employees

Remember that as an employer, you have to be able to abide by certain rules. These include making sure you provide a safe working environment for your employees, and that you pay their wages fairly. There are generally a few key points that you should remember regarding employment law:

• You cannot discriminate upon or harass your staff and employees regardless of whether or not they’re applicants or they’re already employed. Discrimination applies to any protected trait, including gender, age, race, and nationality.
• You are obliged to make sure salaries are fair for the work these employees are doing for you. A lot of salaries are fixed per hour, but this depends on you and if your legal counsel deems your wages fair for your employees.
• You also must respect your employees’ privacy, though much of this obligation, and related rights of the employee, has to do with email and Internet usage.
• You are not allowed to retaliate against employees who file claims or complaints against you and/or company policies.

Take Note of Regulation Laws

One of the most important things to remember about employment law is that you have to stay vigilant with the federal laws, state laws, and specific laws you have to follow that might be exclusive to the state or region you’re in. In the United States, some states have special mandates that require other laws to be followed in conjunction with key federal laws that have to be maintained. This means aside from your initial obligation as an employer, there are other things to keep in mind, too. Here are some examples:

• Title VII of 1964’s Civil Rights Act mandates that employers who have more than 15 staff members cannot discriminate against any applicant because of color, national origin, sex, religion, or race.
• The Family and Medical Leave Act mandates employers provide their staff with a maximum of 12 weeks leave when it comes to medical reasons. This law also requires employees to work for their employers for a at least 1,250 hours across 12 months before this can be given to them.
• The Americans with Disabilities Act states that employers should not discriminate against persons with disabilities. If a person with a disability can perform a task regardless of accommodations, they cannot be refused to be granted work just because of their disability.
• The Age Discrimination in Employment Act prevents workplace owners from giving advantages to younger employees simply because of their age. This also prevents older staffers from being favored over newer and younger colleagues just because of their age. This law applies to workplaces that have more than 20 staff members who are over 40 years.

When it comes to employment law, it can be tricky to make sure everything in your company is up to speed since there are a lot of things to consider. However, you can click here to hire a lawyer who might be able to help you deal with the particulars of this subject matter, so it won’t be as much hassle on your end and you can get to work sooner.

Work injuries are common, and you may think about them as experiences that only happen to those who work in dangerous environments such as mines or places where you operate heavy machinery. This isn’t always the case, though. Work injuries can happen anywhere in the workplace, and it can happen to you if you and your company aren’t careful. Here’s an employee’s guide to work injuries.

International Labor Organization statistics indicate that there are an average of 374 million cases of work-related illnesses and non-fatal work injuries annually. This is in addition to an estimate of more than 2.78 million fatalities from work-related accidents annually. While countries are using a sizable amount of their resources to tackle the economic cost of ensuring a safe and healthy work environment, you have your own part to play in ensuring you are efficiently using company policies to make yourself safe at work.

Employers: An Obligation to Keep You Safe

Employers do, in fact, have an obligation and a duty to make sure the workplace is safe from accidents and health risks. While accidents can happen to anyone at anytime, employers are still obliged to make sure the environment you’re working in is substantially safe from accidents as much as possible.

• Safety measures include making sure equipment and signage always exist in areas of risk, and that employees are taught and briefed on how to use these signs and equipment.
• When there are machines involved in work, employees must be taught how to use these as well.
• In terms of disaster preparedness, there should be protocols involving who leads what, and how to evacuate safely. There must be regular drills.
• Likewise, employers are responsible for making sure any accidents, diseases, and injuries related to work are reported because they have a duty that requires them to investigate such incidents. This allows them to improve upon safety measures to avoid unsafe situations in the future.

Employees: An Obligation to Report and Follow Guidelines

Just because your employers hired you to perform a duty doesn’t mean you should conduct your work willy nilly. In the same way that an employer has an obligation to keep you safe, you have an obligation to keep yourself safe by following protocols your employers have set themselves.

• These include making sure you report accidents and injuries that occur to you as a result of workplace operations, whether they are serious injuries or not. These include major releases of dangerous substances, blasting or diving accidents, major structural damages such as collapses, critical injuries, or worse… fatalities.
• These reports are called by a wide variety of names, but they essentially make sure employers know just who the injured party is, when, where, and how the incident occurred, and other details they should be aware of. These reports should always be made in case there are requests for such a report, if an employee is unable to perform their duties due to an injury, if an employee is in need or has received treatment due to an injury, or if they have lost consciousness.

Insurance Is an Option

When it comes to work injuries, it’s perhaps an undeniable reality hat accidents can happen to anyone. However, just because this is the case doesn’t mean you can’t protect yourself. Aside from the things above, you have to consider checking your status in terms of insurance options.

You may ask your employer or your human resources division if work offers coverage for you in terms of accidents and injuries in the workplace. Some workplaces have this option for employees.

If you can afford it, you may also want to add additional work coverage to your existing insurance plan. If not, you may want to consider getting insurance itself. This is especially important if you’re part of the few people in your family who are providing for everyone financially. If something happens to you at work, your finances might be in danger, so it’s better to be covered if the opportunity presents itself.

Be Prepared

Remember, when it comes to work injuries, try to be as aware as possible of the nature of your injuries and how you got them. Understanding them and reporting them as soon as possible can aid you in making sure your company is able to deal with your concerns better. Click here to learn more about this specific subject matter.