There are several types of workers compensation that can be paid out after filing a claim. The individual’s eligibility is determined by numerous factors, such as when and where the injury occurred, the extent of the injury suffered, and other related information. Below are descriptions of the most common types of workers compensation claims filed.
Temporary Total Disability Compensation
Individuals file these claims when an injury on the job prevents them from performing their job duties, or any other job while injured. This claim is considered a “temporary” total disability because the individual plans to recover from the injury and return to work. The individual will continue to receive workers compensation until a physician has deemed them ready to return to work. Each claim is unique, and conditions apply regarding the pay rate and length of compensation for each claim.
Wage Loss Compensation
There are two forms of wage loss compensation; working wage loss and non-working wage loss. Working wage loss claims apply to individuals who suffer an injury while on the job and can return to work, but must accept a position that pays lower wages due to the medical restrictions resulting from the injury. Workers compensation will then pay a portion of the difference in wages lost. In non-working claims, an individual who suffers an on the job injury resulting in medical restrictions who cannot secure employment within their restrictions can file for workers compensation.
Permanent Total Disability Compensation
On the job injuries that prevent an individual from returning to employment in any capacity are considered permanent total disability claims. The injured party must provide evidence from physicians and/or psychologists that their medical condition resulting from the work injury has permanently restricted them from returning to the workforce.
Death Benefits
If an employee dies as a result of a work related injury, or dies from a medical condition addressed in a previous workers compensation claim, the dependents of the deceased are entitled to receive compensation in the form of death benefits.
Information in this article is provided for reference only and should not be taken as legal advice.
For more information on workers compensation claims, visit the law offices of Shavitz Law Group in Boca Raton, Florida.
Sunday, May 30, 2010
Restraining Orders
On the most basic level, a restraining order is that type of injunction or court order that prohibits a defendant from doing certain things to a plaintiff.
Temporary Restraining Orders
Restraining orders, and particularly the temporary restraining orders ("TRO") granted on an ex parte basis without the defendant having to appear in court, are primarily used in cases of domestic violence but are also relevant to cases involving physical or sexual abuse, stalking and even corporate espionage. Although every state offers the relief a restraining order provides, exactly how the plaintiff will go about obtaining the order and exactly what the order can forbid the defendant from doing will differ from state to state.
Content of TRO
Although each restraining order will have the same basic function, a specific order's content will be unique and will depend on the situation the plaintiff is trying to control. The most common provisions found in restraining orders include those for keeping the defendant away from the plaintiff (the "stay away" clauses), those for ordering the defendant to stop hurting the plaintiff (the "cease abuse" clauses) and those for ordering the defendant not to get in touch with the plaintiff (the "no contact" clauses). Restraining orders can, however, be extremely versatile and can also include provisions regulating matters like monetary support payments, child visitation rights and exclusive use situations.
Granting TRO
A TRO is almost always granted upon a plaintiff's initial application to court as the order's primary objective is to safeguard the plaintiff. It's possible that the defendant will not even be aware of the initial court application, but he or she will be given ample opportunity to state their case at the hearing that will be scheduled to determine whether the TRO should be made permanent. During this hearing, and after review of all applicable evidence, the judge will decide whether to finalize the temporary order.
Although restraining orders are necessary legal tools, they are, unfortunately, open to abuse during the prosecution of contentious divorce cases.
This article is not, and is not intended to be, legal advice, and the information given therein should not be relied upon as such.
If you are in need of legal advice regarding restraining orders, contact the attorneys at Will & Will Law Firm.
Temporary Restraining Orders
Restraining orders, and particularly the temporary restraining orders ("TRO") granted on an ex parte basis without the defendant having to appear in court, are primarily used in cases of domestic violence but are also relevant to cases involving physical or sexual abuse, stalking and even corporate espionage. Although every state offers the relief a restraining order provides, exactly how the plaintiff will go about obtaining the order and exactly what the order can forbid the defendant from doing will differ from state to state.
Content of TRO
Although each restraining order will have the same basic function, a specific order's content will be unique and will depend on the situation the plaintiff is trying to control. The most common provisions found in restraining orders include those for keeping the defendant away from the plaintiff (the "stay away" clauses), those for ordering the defendant to stop hurting the plaintiff (the "cease abuse" clauses) and those for ordering the defendant not to get in touch with the plaintiff (the "no contact" clauses). Restraining orders can, however, be extremely versatile and can also include provisions regulating matters like monetary support payments, child visitation rights and exclusive use situations.
Granting TRO
A TRO is almost always granted upon a plaintiff's initial application to court as the order's primary objective is to safeguard the plaintiff. It's possible that the defendant will not even be aware of the initial court application, but he or she will be given ample opportunity to state their case at the hearing that will be scheduled to determine whether the TRO should be made permanent. During this hearing, and after review of all applicable evidence, the judge will decide whether to finalize the temporary order.
Although restraining orders are necessary legal tools, they are, unfortunately, open to abuse during the prosecution of contentious divorce cases.
This article is not, and is not intended to be, legal advice, and the information given therein should not be relied upon as such.
If you are in need of legal advice regarding restraining orders, contact the attorneys at Will & Will Law Firm.
Preventing Slip and Fall Accidents
Many of us take a tumble every now and then. It is usually somewhat embarrassing and after catching our breath we get up and move on. Some slips and falls of course can result in serious injury. There are many things we can do to prevent the likelihood of slipping and falling, but there are other times when someone else has not taken enough responsibility and can be found negligent. Spills in the supermarket that haven’t been cleaned up in a timely manner, loose carpeting at the office or an over-diligent cleaning agency that uses super slippery polish can all cause us to topple over when it’s not our fault.
Under those circumstances it is well worth consulting a lawyer and suing for personal injury. You may have medical bills to cover and have to have time off work. Prevention is always better than cure though so think about the ways you can avoid slipping and falling becoming a habit.
Sensible footwear is one of the biggest things you can do to protect your self. Well designed soles that are made to grip are going to get you through those slippery floors better than soles that are slippery themselves. Even high heels can come with non-slip soles. You need to take extra care in high heels too, especially in bad weather.
You can use non – slip flooring in your own home. If you work in an office you might like to suggest the same thing. Non slip matting is great if you have elderly people at home too.
Keep stairs, paths and driveways clean and clear during all seasons. Ice can be treacherous and slime can build up quickly on paths and wooden stairs. Use non-slip paint on any wooden decking and consider getting non-slip edges for staircases. Use handrails when ascending and descending stairs.
Make sure ladders, chairs or anything else you need to climb on are good and sturdy before taking your feet off the floor. Sure, you might be able to sue your company for having a rickety stepladder, but is it worth the broken arm? It only takes a minute to check things over.
Keep an eye on your pets. Cats especially are notorious for getting under your feet and many a person has found themselves in hospital after tripping over their beloved moggy. If your cat is a nuisance in the kitchen, either put her outside or hold her when you need to move around. The same thing goes for small and not so small dogs.
De-clutter your house and your work area. Even small things on the floor can cause you to stumble, and the less clutter there is the more likely you are to notice something there that doesn’t belong.
Everyone will take a fall at some stage and injure themselves, but we can reduce that risk with a little fore-thought. Make looking at the ground as much a part of your routine as looking in your car mirror. That way you might not miss that broken bit of concrete on the pavement.
Slip and fall attorneys can help you deal with your personal injury lawsuit.
Under those circumstances it is well worth consulting a lawyer and suing for personal injury. You may have medical bills to cover and have to have time off work. Prevention is always better than cure though so think about the ways you can avoid slipping and falling becoming a habit.
Sensible footwear is one of the biggest things you can do to protect your self. Well designed soles that are made to grip are going to get you through those slippery floors better than soles that are slippery themselves. Even high heels can come with non-slip soles. You need to take extra care in high heels too, especially in bad weather.
You can use non – slip flooring in your own home. If you work in an office you might like to suggest the same thing. Non slip matting is great if you have elderly people at home too.
Keep stairs, paths and driveways clean and clear during all seasons. Ice can be treacherous and slime can build up quickly on paths and wooden stairs. Use non-slip paint on any wooden decking and consider getting non-slip edges for staircases. Use handrails when ascending and descending stairs.
Make sure ladders, chairs or anything else you need to climb on are good and sturdy before taking your feet off the floor. Sure, you might be able to sue your company for having a rickety stepladder, but is it worth the broken arm? It only takes a minute to check things over.
Keep an eye on your pets. Cats especially are notorious for getting under your feet and many a person has found themselves in hospital after tripping over their beloved moggy. If your cat is a nuisance in the kitchen, either put her outside or hold her when you need to move around. The same thing goes for small and not so small dogs.
De-clutter your house and your work area. Even small things on the floor can cause you to stumble, and the less clutter there is the more likely you are to notice something there that doesn’t belong.
Everyone will take a fall at some stage and injure themselves, but we can reduce that risk with a little fore-thought. Make looking at the ground as much a part of your routine as looking in your car mirror. That way you might not miss that broken bit of concrete on the pavement.
Slip and fall attorneys can help you deal with your personal injury lawsuit.
What is a Breach of Fiduciary Duty?
There are many ways that the law protects against the actions of others. The law demands that each person has the right to trust the safety of their person, their belongings and their finances. This forces those in a decision making position to always act in the best interest of others and punishes any breach of their fiduciary duty. The responsibility of fiduciary duty is significant and has the ability to greatly impact the lives and futures of many.
Fiduciary Duty Defined
Fiduciary duty is an obligation to act in the best interest of another person or group. It is based on an agreement between two or more parties. The agreement includes the handing over of trust and responsibility from one person to another. This trust requires the trustee to use all of his knowledge and skills while working diligently to accomplish the goals of his client. The law considers this relationship legally binding and forbids any violations of this trust.
Who Is On Duty?
There are many positions whose daily job is to uphold the trust of others. In areas like corporations, financial institutions and court rooms, people place their futures in hands of trained and responsible individuals. Board members are expected to act in the best interest of the corporate shareholders. Financial advisers and trustees are expected to manage financial decisions and monetary exchanges. Lawyers are asked to support their client's rights and legal goals. Anywhere there is an agreement based on trust and responsibility there is a legally enforced duty to act accordingly.
Fiduciary duty is a legal and moral contract to act with care and diligence. The law understands that trust is very valuable and the lack of it can change lives forever. It demands that the trustee always follow through on his obligations. A breach in fiduciary duty negatively affects another person's life and future. The law does not tolerate it and acts quickly to punish these violators of trust.
Contact the Florida Probate Attorney for more information on fiduciary duty.
Texas DWI Laws
In the state of Texas, law prohibits drivers from operating a motor vehicle when the individual’s blood alcohol concentration (BAC) is at or above .08 percent. Drivers of commercial vehicles must comply with the reduced legal limit of .04% BAC, and drivers under the age of 21 are limited to .02% BAC. Texas drivers may also face Driving While Intoxicated (DWI) charges if found driving under the influence of controlled substances, like marijuana, cocaine, methamphetamines, or other intoxicants. When issued a driver’s license in Texas, all drivers imply consent to chemical tests to determine to presence of alcohol or drugs when driving.
First Offense
Steep penalties exist for Texas drivers convicted of DWI. First time offenders will be fined up to $2,000 and face from 3 to 180 days in jail. The state will also suspend the driver’s license of first time offenders from 90 days up to one year. Punitive and monetary penalties increase if a child is present in the vehicle or if the driver is found with a BAC level over .16 percent.
Second Offense
Offenders receiving a second DWI conviction face from 30 days to one year in jail and a fine that could reach $4,000. Texas can suspend the driver’s license of individuals with two DWI convictions from 180 days up to two years. The state can also require drivers to pay for an Ignition Interlock Device to be installed in their vehicle. This device requires drivers to breath into it, preventing the vehicle from starting if alcohol is detected. Penalties are also increased if a child is present or if a BAC level of .16% is detected.
Third Offense
Drivers convicted of a third DWI offense in the state of Texas are considered felony offenders, and face a mandatory jail sentence of 2 to 10 years and a fine up to $10,000. The individual’s driver’s license can then be suspended up to two additional years, and the driver will be required to pay for an ignition interlock device to be installed in their vehicle.
This article does not provide legal advice and should only be used as a reference tool.
Legal Resource: Dallas Justice, practicing DUI/DWI law in Dallas.
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