Monday, November 26, 2012

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.

Laws About Hiring Minors   California Labor Laws and the Domestic Workers Bill of Rights Movement   What Happens If I Win My Employment Tribunal?   New Labor Laws Don't Mean Much Until the Trial Lawyers Start Creating Case Law   Children and Women Labor Law   

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.

Laws About Hiring Minors   California Labor Laws and the Domestic Workers Bill of Rights Movement   What Happens If I Win My Employment Tribunal?   New Labor Laws Don't Mean Much Until the Trial Lawyers Start Creating Case Law   Children and Women Labor Law   Immigration Lawyers - What Are They Good for?   

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.

Laws About Hiring Minors   California Labor Laws and the Domestic Workers Bill of Rights Movement   What Happens If I Win My Employment Tribunal?   New Labor Laws Don't Mean Much Until the Trial Lawyers Start Creating Case Law   

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