Monday, November 26, 2012

Are You Struggling With Workplace Harassment?

It can sometimes be difficult to judge whether you've got a problem with harassment in the workplace, or if you just don't get on with a colleague. While we all do not need to be best friends with the people we work with, we do need to know that our working environment is not just physically safe, but also emotionally so. If you're not wanting to go to work due to the behaviour of a manager or colleague, or find that you are avoiding them, and your work is being affected then it is likely that it can fit into the harassment category, and should be dealt with.

It can feel a little scary to action something like this, but if you don't you may be creating a cycle where either you are more likely to be harassed by others (it can be a little contagious) or the person will be upsetting other people too. Many people don't tend to speak out. They tend to leave and find another job, leaving the negative workplace to crumble or affect others. If you then move to another toxic environment, then you still haven't developed the skills to counter act it and the problem remains.

So what is the difference between working with someone who doesn't like you, and working in an environment where you are suffering from harassment? If you are feeling uncomfortable at your workplace due to unwanted comments or people treating you differently and attributing it to your age, your gender, your sexual orientation, any disability or your race or religion, then you may have a case.

It's a good idea to establish the legal precedents if you think you may be being sexually harassed in the workplace. There can be a fine line sometimes and both sides can be unsure where it is a little. But unwanted comments, sexual gestures, having to listen to very explicit jokes, or even unwanted staring can all be contributors. Displaying materials that you find objectionable can also count.

You also need to know what counts towards non sexual harassing in the workplace. If there are derogatory or threatening comments made that impinge on your rights to be accepted and treated equally no matter your race, gender, sexual orientation or religion then that is also something that should be recorded and dealt with.

It's very important to log and record all circumstances, and record any proof where possible. If you need to consult a lawyer to work out if you've got a case, it's a good idea to have specific incidents to show. No one should face harassment at work, and you have a right to feel safe and accepted in your work environment.

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Trouble On Your Claims? Seek Help From A Maritime Attorney

There were employees of certain maritime company that suffers negligence and having troubles about their claims. You can not tell that all employees of the one of the biggest industry which was the maritime industry have the full knowledge about their job and claims also their privileges. Could you think about employees that suffers personal injuries and yes they were given compensation, are you sure that it was just? There were employees that receive assessment and compensation if they met unexpected incidents but some were not the full compensation as it was stated by the law. There was a law that was passed in order to give protection to the maritime industry workers and issues involving Admiralty and Marine activities. The law was called the Merchant Marine Act of 1920 or known as the Maritime Law, the said law was passed by Senator Wesley Jones on the same year.

You cannot deny the risk that was attached to the maritime industry, which primarily came from the working routine of the workers and to the working environment of the industry. The workers were working longer number of hours compared to the regular working hours, also they were exposed to various chemical in their working sites and another was they were working away for couple of moths. These reason was the common reason reasons, but indeed these could result to several complexities and made great damage in an employee. Common reasons may result to over fatigue, to a lack of medical attention, health complexities and together end up as the trigger to accidents and personal injuries.

What could you do to avoid it? Certainly you can not avoid accidents and injuries because they were the natural phenomena of the world due to series of unexpected events. What you could do was to seek an advice to a maritime attorney and know your claims and privileges under the Maritime law, in that you could be certain that you would not end up having troubles on your claims or would not end up in negligence.

Serious maritime injuries and fatal accidents covered by the Jones Act and other federal, state and international admiralty and maritime laws, international maritime injuries and other types of international personal injury claims, whether we can successfully bring litigation into U.S. courts, can assist you as an injured U.K. citizen, or must navigate the complexities of other countries' legal systems. These were just a few cases that a maritime attorney could defend and you could consult.

Do not just wait and sit without doing anything regarding your claim initiate the first step by seeking for a maritime attorney.

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Protecting Citizens is Why Labor Laws Are Important

Labor laws are a very important part of the work force. There are several reasons why labor laws are important. For the most part, they are designed to protect employees while they work for their income. Having these laws in effect has created smoother operations in many areas of business.

Child labor laws differ from the general laws that apply to adult citizens. This is mostly in order to protect the child's youth. There are age requirements concerning when a child is allowed to enter the work force. In addition, hours may be limited for underage workers. Only a certain number of hours can be worked per week, and that amount is reduced during weeks when the child is in school. This in order to help children focus on their education so that they can be as successful as possible in the future. There are also certain restrictions for children working at high risk jobs.

The hours that an employee works are an important part of the general labor laws. It is imperative to ensure that employees are not overworked and that they are receiving proper compensation for their services. When an employee has surpassed a certain number of working hours per week, the state requires that the employee receive overtime for their efforts. Not only does this help cut down overworked employees, but it gives people the opportunity to make some extra money with a little extra effort.

Safety stipulations are essential to every job, which is why laws often include rules about employee safety. Many require that protections be provided by the employer to those working high risk jobs. Usually a safety training program is necessary to educated employees about the dangers of the job and what to do in case of emergency. Some laws require that certain businesses have insurance to cover their employees in the event of an accident.

There are numerous reasons why labor laws are important. They protect children from unfair labor and help to make sure they are properly obtaining an education for a better future. They also ensure that all employees are being treated fairly and receiving proper compensation for their efforts.

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Workman's Compensation Laws Benefit the Workforce and the Employers

An employee that loses their arm on the job from an accident is lawfully authorized to a full workers compensation profit. In New York this benefit stands at a weekly rate of $400 for 312 weeks. For an injured employee who is unable to be cured, such as a permanent lower back injury that is diagnosed by a doctor, these weekly payments can continue for the rest of the employee's life.

A 1914 workers' compensation law is to blame for this inconsistency. This particular law established an incomplete schedule addressing many injuries that were considered disabling.

Issues like hearing loss and losing a limb were assigned specific benefit schedules. There are a range of enduring yet partial disabilities that were omitted by the law; these injuries receive payments for the remainder of the worker's life. These include back pain and mental stress.

The current compensation plan gives thirteen percent of all cases seventy percent of all benefit dollars. The workers comp premium in New York is 72% higher than the average nationally. Consequently, local business, schools and other government agencies are affected by the expense.

At the other end of the system, the maximum workers compensation benefit of $400 per week is now lagging behind other states in the region. On the other hand, New York's local governments have already started to deal with the two aspects of the system. Numerous other states have made $685 per week the new maximum payment to a severely injured worker.

Texas, previously had one of the worst workers' compensation systems in the nation. However, changes have been made to the system, it has the nation's third-highest workers' compensation costs and the highest rate of injured employees.

To add insult to injury, Texas also once had the largest number of doctors who dropped out of the system. Texas solved their worker's compensation problem by building new physician networks and making a small increase in the benefits available to injured workers. Today, Texas' brand new worker' comp law is one of the best ones in America.

Currently, there are discussions in New York which have suggested reducing the benefit payout period for partially disabling conditions to a maximum of ten years. Also suggested was the possibility of upping the maximum payout to a weekly $500. Just these two changes alone would decrease the cost of premiums up to 15%.

New York is hoping that other ideas will be presented and considered so they can raise the benefits for qualified injured workers even further. For those working to find a solution to the worker's compensation issues, the best way to ensure success is to look for a middle-of-the-road solution that will provide something to everyone. In addition, this will fix the issue of open-ended cases, such as back trouble.

California has already enacted similar reforms of its own workers compensation laws. Citizens used a petition drive to drum up support from within the public and prove that it should be placed on ballot. Because so many voters and taxpayers supported workers compensation reform, lawmakers decided to take action themselves.

In order to reach workers compensation reform within New York without options for a petition drive, the key is to force leaders in the legislation to take action. It is highly crucial that the local lawmakers inform their leaders that it is an important issue for strapped companies and struggling local government bodies.

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Jones Act Lawyer - Just A Matter Of Trust

"Living in prosperity while your other foot was stepping in the shadows of danger." Could you relate to the quoted sentence? Our lives and yours too was under the same passage too. When you talk about living there will always be the risk, and there were no exemption to it.

The concern of my father and the family was my concern too. My father was working offshore and usually it takes couple of months before he could went home, he was rendering service under a maritime company. He is aware that maritime industry is one of the most riskiest among others though the workers earn high compensation compared to other employee.

Why is it that maritime industry was considered as one of the most riskiest industry? And what was the response of the government regarding it? These were the questions that bother the mind of my father when he first stepped at the office of their company. It was a normal response of a newly hired employee, for him things was not yet clear enough, so what he did? He read notes, researched and watched videos and current update to clear his mind. He found out a law which was passed by senator Wesley Jones, the Merchant Marine Act of 1920 which was commonly known as the Jones Act, this was in response to the health issues of the maritime workers and at the same time serves as their protection while working under the above mentioned industry. That was very close to the total answer, the next step was to find an individual that could explain to him the detail of the law, an expert, well experienced, and trust worthy. A family friend told him to contact a Jones Act Lawyer, these lawyers were focused on the maritime law and Jones act and to the personal injury claims of the worker working under the maritime industry. So he did, and it was explained and everything became clear, he was without doubts to be neglected by his employer, and confident that he was protected by a law.

It is always safe to seek for the answer to your doubts and there is nothing with it, all you need to do is trust and don not hesitate to ask. In choosing a Jones act lawyer, always be wise and select the finest that will not just promised and end up referring you to another lawyer but the one who could assess you all the way.

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Think You Need Employment Mediation?

It can feel strange when you get to the point of realising that no matter what you do, nothing is going to improve in your work situation - unless you bring in a little help and support. If you've got to the stage where you are considering employment mediation, you are likely to be feeling large amounts of stress and finding it difficult to work out what your rights are, and whether there is a way out.

It's always a good idea to seek legal counsel in matters such as this, as when you are caught up in the midst of it, it can be hard to see if what is happening to you is as a result of general unfairness, or is actually contravening employment law. You want to know you've got a case before pushing for it. The vast majority of issues can be resolved by having legal representation supporting you and working through the issues, before you need to go to court.

There are a wide number of reasons you may need this type of service. Perhaps you feel you've been unfairly dismissed, or you feel your are expected to do a job vastly different to the one you were employed for. Many people also find that employment mediation is the best way to resolve workplace bullying, as it brings the matter to a head and out into the open, preventing you from having to confront the person alone, which could bring about problems for you in the long term, especially if they are your manager or boss.

You may have some steps to work through before you get to the point of meeting together in a room to discuss the problem face to face. A legal advisory can tell you what information you need to collect to build a case, and then explain the steps you need to take to ensure you've covered all your bases along the way. Disputes can prove very expensive for companies and they are often happy to try and resolve it before it becomes bigger than it already is.

Engaging a legal advisor to help you with your employment mediation will give you a sound backing of the law behind you, and help you focus on this, rather than the hurt and disappointment you may be experiencing as a result, both of which would soften your case and prevent you from describing the true problems you've faced. It's the best way to get your issues heard fairly, and help you receive justice.

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Have Someone Strong in Your Corner

There are many of us who spend the better part of our day at work, actually more time working than sleeping. We are proud of the jobs we do and put all our time and energy into performing our job duties as best we possibly can. This means lots of late nights at the office or stringing power lines in the pre-dawn hours across rural landscapes. No matter what our jobs consist of, we go all out to perform at our peak day after day. This may be the reason we recoil in shock when confronted with the employer who refuses to fight for our rights when injured on the job.

It is way too often that employers are very stingy when it comes to supporting their injured employees, even though they pay premiums to worker's compensation insurance to cover such occurrences. They are obviously more concerned with their bottom line than with an employee who suffered an injury while under their employ. This is deeply frustrating because we spend so much time at work giving our all and would expect our employer to hold up their end of the bargain. All too often, they don't.

An injured person is already at his wit's end, the last thing he needs to frazzle his newly delicate situation is to engage in warfare with the employer and the worker's compensation carrier. All his attention should be centered on recovering from his injury and getting back to work, not exhausting himself fighting for his rights to get payment for medical bills and lost wages. This is where the prudent employee hires a lawyer to act in his behalf.

Having a lawyer on your side to fight for your rights will greatly ease the stress of dealing with your company and the worker's compensation representative. A good lawyer will also get your medical bills paid for and compensate you for all hours missed at work. You will do far better with a lawyer because they are the experts in this matter and you are not.

Many people don't think that hiring a lawyer is necessary and some even believe that they will spend more on a lawyer than they will get from workman's compensation. While sometimes it is true that companies will help you to get your medical bills paid for and compensation for time lost a work, the fact of the matter is that you will get more money with a lawyer because they know how best to navigate the system and use it to get their clients the most they can.

Sustaining an injury at work is no holiday. When we hurt and cannot work, our income, families and emotional well being all suffer. It seems natural that the hard work we put in on behalf of our employers and the pride we take in our jobs would somehow be recognized by our company and they would reciprocate accordingly by supporting us in our time of need.

The reality of the situation is that an injured employee fights on alone. At this point, it becomes abundantly clear that having a legal expert in your corner will not only get you more compensation than you would by yourself, but relieve some of the stress and frustration that this situation causes an already injured person. You deserve someone to demand that your rights are upheld and who will fight for you until you receive all that is your due.

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Understanding the Minimum Wage Rule

Do you think you are underpaid? If you do, it is time to get into the legal details of the matter. The US Fair Labor Standards Act, 1938, dictates that a minimum hourly wage is necessary for all covered, non-exempt workers. The recent federal ruling is that the minimum wage for an employee (covered and non-exempt) must be $7.25 per hour.

Discussing the details of the law with a capable labor and employment lawyer helps in understanding its implications on your job, and pay. Before you get in touch with a lawyer, here is a brief sketch of what this law implies.

Is coverage available for you? The minimum wage law is available for employees if -

• They work under an employer who does $500,000 worth of business in a year • They work for a business involving interstate commerce • They work in government agencies (federal, state, and local) • They work in schools and hospitals • They work as domestic workers

Are there any exceptions? Certain exceptions are there with regard to the minimum wage you earn. It depends on your state rule. However, the common factors that differentiate include age, disability, student status, and so on.

What are special exemptions? Individuals working in the administrative, executive and professional fields as well as those in outside sales are exempt, as per the rulings of the FLSA. However, they must meet certain criteria like particular duties and responsibilities, as well as salary.

(Note: Federal laws also state that an employer requires putting up the details of the minimum wage law in full view of their employees)

Apart from the federal ruling, every state has particular laws pertaining to minimum wage. New Jersey is no exception. The minimum wage for all covered, non-exempt employees is the same as the federal ruling, i.e. $7.25 per hour. If you, or someone you know, are getting less than this amount, it is time to take action.

What should you do? You can go ahead and report a violation at the nearest District Office, the US Wage and Hour Division. If you want to take up the case at a court of law, to get back your lost wages and associated cost, you need to consult an employment lawyer New Jersey.

A competent lawyer can help you understand your rights and responsibilities, as per the dictates of the federal and state laws. Moreover, he/she can assess whether your case merits litigation or not.

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Jones Act - How Does it Apply to Dock Workers?

Any worker in the maritime industry is prone to injury while on the job, as this is one of the more risky industries to work in. As a result, laws have been put into place to protect workers in this field, including those who are on a sea vessel and dock workers alike. One of these laws is the Jones Act, which permits any seamen with an injury to receive compensation in the event of an accident. While dock workers will not have to worry about some of the same risks that seamen do, they may still be eligible for this compensation should they be put in danger by a specific ship.

The compensation that has been put into place by the Jones Act mostly relates to injuries that are sustained on board a ship, when these injuries are caused by negligence on the part of the employers. This is true even if the sailor or worker entered this business knowingly, in full awareness of the risks associated with the maritime industry. Accidents don't' only happen at sea, although the consequences of injuries sustained out on the open ocean can be more severe than accidents that would occur on the docks. This is because out on the open ocean, the seamen may be days away from adequate medical care, leading to potential complications.

These are but a few things to take into consideration when examining how the Jones Act would apply to dock workers. Because they are also part of the maritime industry, if dock workers are working for a specific ship's benefit and they sustain some sort of injury during this time, they could then potentially receive compensation under this law. This will not be the case for all, which is why it's best to consult a lawyer who is well versed in the Jones Act and other aspects of maritime law. Knowing your rights up front is the best way to survive in a sometimes dangerous industry.

One of the other laws that benefits maritime workers that are not seamen is the Longshore and Harbor Worker's Compensation Act. Therefore, even if the Jones Act is ruled out as grounds for a lawsuit, this other Act could be put into play. This is why it's so essential to consult with a qualified lawyer should you become injured in the workplace, in order to be able to pay for the sometimes extensive medical bills and loss of ability to work that could be the result of accidents.

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A Workers Comp Lawyer is Who You Need to Call For Workplace Injuries

If you work for an employer where your chances of becoming injured on the job are high, you need to take some necessary precautions just in case. It never hurts to know what you would do if you were hurt on the job. For instance, having a workers comp lawyer in mind or handy is one way to be prepared, if you ever find yourself in a situation where you have been hurt on the job.

It is an unfortunate truth that many smaller companies will threaten or bully employees that have been hurt on work premises. Many times these threats include job loss, blaming the employee, threatening to counter-sue and numerous other threats. The reason the employer threatens is that they are fearful of you contacting a workers comp lawyer on your own. Many employers have their own attorneys and they prefer you deal only with them, but this is not in your best interest. Remember, the company attorneys are looking to protect their client, which is the company.

It is sad that many people do in fact lose their jobs when they are hurt on the job. Others simply cannot take the stress the company places on them and they quit. This is illegal and you have many rights, but you need to contact a workers comp lawyer in order to understand your rights and understand how an attorney can help you.

If you are unable to work for a specified amount of time, a workers comp lawyer can make sure you receive your regular paychecks until you can return to work. On the other hand, if you cannot return to work due to a disability sustained at work, the lawyer can gain you the needed settlement in order for you to live comfortably and not to worry about paying bills.

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