Pages Menu
Categories Menu

Most recent articles

Employment Discrimination: Retaliation

Posted by on Jun 16, 2017 in Employment Law | 0 comments

Retaliation occurs when an employer punishes an employee for exercising his rights. It can be said that retaliation is a form of employment discrimination. In fact, according to the website of the McAllen employment lawyers, those who have experienced employment discrimination, such as retaliation, may take legal action against their employers.

But what constitute a retaliation lawsuit? Usually, there are three factors that need to be passed for a retaliation lawsuit to be viable:

  • An employee has exercised his right or has engaged in an activity that is protected by law
  • The employer has taken negative steps against this employee
  • The negative steps are direct responses to the employee’s action

But what are these activities protected by law? These are actions that have the intention of remedying or opposing discrimination or harassment, and they are usually categorized into two: opposition and participation.

Opposition – An employee can legally oppose discrimination and harassment, and he is protected from being the target of his employer’s retaliation. For example, if an employee complains that he has been racially discriminated or sexually harassed in the workplace, his employer cannot shut him out or do anything that will count as a punishment for speaking up.

Participation – An employee who is actively participating in a discrimination or harassment case is also protected from being the target of his employer’s retaliation. For example, if an employee participates as a witness to advance a discrimination or harassment case, his employer cannot deny him to do so or do anything that will count as a punishment for his participation.

Most of the time, retaliation is hard to prove because of the lack of physical evidence, especially in regard to the connection between the employee’s activity and the employer’s response. For example, if an employee who has filed a discrimination and harassment case against his employer has been laid off because of a planned cost-cutting, the employee will have a hard time proving retaliation because there is no clear connection between his complaint and his employer’s advanced plan to lay him off.

Common Workplace Injuries

Posted by on Feb 17, 2017 in Workplace Injuries | 0 comments

The workplace can also be a place for accidents and injuries. No, the accidents and injuries are not exclusive to inherently dangerous workplace environments, such as construction sites and factories, because they can happen even in the most innocent workplace environments, like office spaces.

According to a workers’ compensation article in the website of Scudder & Hedrick, PLLC, you may be entitled for workers’ compensation if you have been injured on the job. Below is a list of the most common workplace injuries you can sustain.

Head and Brain Injuries
Traumatic head or brain injuries can be sustained by receiving substantial force to the head. This force may be received from slip and fall accidents that have resulted from slippery substances, unattended materials in the workplace, unnecessary obstructions, and defective equipment. Falling objects such as construction tools, debris, and collapsing materials, can also cause such injuries.

Lung Diseases
Lung complications can be sustained because of repeated exposure to hazardous substances, lack of protective gears, and lack of safety procedures around the hazardous substance. The substance may vary depending on the work industry, but the most common hazardous materials include tobacco, dust from wood, fumes from metals, solvents, and mists from spray paints.

Neck, Shoulder and Back Problems
Shoulder and back problems can occur because of many reasons, such as physically demanding tasks like lifting, pushing, and pulling. It is important to note that these tasks do not necessarily need to involve heavy equipment, as the wrong manner of lifting, pushing, and pulling can cause injuries, even if the object involved is not that heavy.

Injuries from Poor Ergonomics
Ergonomics refer to the proper design of a product to ensure comfort and functionality. In the workplace, ergonomics can include the comfort of your workstation, like how your monitor and keyboard should be on a proper level to avoid putting unnecessary stress on your neck, back, and wrists.

The Lowdown on Defective Medical Devices

Posted by on Oct 9, 2016 in Product Liability | 0 comments

Medical devices are designed to save and improve the life of an individual. With the advancement in technology, more and more devices are being developed which can also make recovery of a patient much quicker. Unfortunately, there has been an increase in the number of defective medical devices that has resulted to injury or death of patients. According to the website of Russo, Russo & Slania, PC, defective medical devices can cause serious health issues.

Medical devices should be fully tested in the factory before it is sold to customers. The bad news is that some defective medical devices make it to the market without undergoing testing. So rather than save and improve the condition of a patient, these defective medical products makes life more miserable by experiencing a wide range of complications. From hip and knee implants, morcellators, and transvaginal mesh, these devices have led to a slew of injury or even death.

The good news is that you can make the manufacturer of the device responsible for the injuries they hav caused t their patients. Defective medical products fall under product liability cases and hence decided based on the witnesses and evidence presented. Damages that may be collected include medical expenses, lost wages, and pain and suffering. Punitive damages may also be awarded as a way of teaching the defendant a lesson. In order to win your case, you must prove the negligence of the manufacturer or other parties involved.

Medical devices can help ease the pain that a person is experiencing because of their condition. But if the said device defeats the purpose it was designed to do, then you have the right to make the parties responsible for making their condition more difficult and debilitating. There is help out there that can help you recover the life you lost as a result of someone else’s negligence.

Even “High-Risk” Drivers do not Need to Pay Expensive Insurance Policies

Posted by on Jul 3, 2016 in Auto Accidents, Insurance | 0 comments

Sharing roads and highways with the more than 20 million uninsured drivers is a distressing and fearful thought. Not only would you not want to get involved in an accident, but more so in one where the other driver (who is also at fault in the accident) does not carry auto liability insurance.

According to the Insurance Research Council (IRC), more than 29 million drivers in the U.S. are uninsured and the top reason why this is so is because majority of these drivers find insurance policies too expensive. This, actually, is one thing that cannot be denied. Many insurance firms do find ways to make policies expensive, making so many drivers pay more than what they really should.

There are a number of factors identified by insurance firms which would make a driver fall under the classification “high-risk” and so be required to pay a more expensive policy. These factors include:

  • A driver’s age and driving experience

Due to their lack of maturity and experience behind the wheel, young drivers are held to be more prone to accidents compared to experienced drivers. Because of this, insurance firms consider them as high-risk drivers. Those who have been operating a vehicle for only a few years, despite not having committed any traffic violation, are also considered as high-risk drivers simply because their driving behavior is said to be still difficult to really determine.

  • Type of car driven

Those who drive a high-powered sports car are held to be more prone to accidents than those driving regular passenger cars. Due to this, insurance firms make these drivers pay a higher premium, just in case they do get involved in an accident.

  • Driving history

Drivers with past traffic violations, especially those who been charged with reckless driving or DUI, will definitely be tagged as high risk drivers and so will be given a more expensive car insurance policy. Some insurance firms consider even parking tickets a factor in tagging a person a high-risk driver.

  • SR-22 filing

Drivers who have been cited for driving without insurance or those whose license has been revoked or suspended for whatever legal reason are usually required by the court to carry an SR-22 filing. The SR-22 is necessary for drivers whose license has been suspended as this will have their driving privileges or license reinstated. An SR-22 usually lasts form three years; for those charged with DUI, it can be extended up to five years.

The high cost of insurance policies can really be a burden to many drivers. According to LaMarca Law Group P.C., an accident law firm, drivers now have the means to find the best, yet, cheapest insurance deal. By clicking on an independent car insurance firm’s web address, drivers can ask for free online insurance quotes which will allow them to compare policies from one insurance firm to another. Even if they would fit the description of a “high-risk” driver, it is guaranteed that they will be able to find the best deal which will be within the limits of their budget.

Asbestos Continues to be a Health Threat

Posted by on Dec 27, 2015 in Medical Issues, Permises Liability | 0 comments

Asbestos, although no longer used today, have been a popular product to use in many construction projects because of their fire-proof and conductibility as well as their cost-efficiency. Until not long ago, many people have used asbestos without knowing the full extent of danger that it can cause to their health. Nowadays, the use of asbestos has been banned, but those who have been exposed to it have suffered from many diseases. An asbestos attorney would point out that there are many ways that a person can still be exposed to asbestos, such as renovating an old building that used asbestos. Such workers are often the victim of asbestos-related illnesses.

Mesothelioma is a form of cancer suffered by those who have been heavily exposed to asbestos. Many people who have worked with asbestos have developed this rare but life-threatening disease. There are many forms of mesothelioma, and one of them is peritoneal mesothelioma. This type of mesothelioma affects the abdomen or belly of the patient, either the abdominal cavity or the visceral layer around the liver, stomach, and surrounding organs of the abdomen. Although experts are not sure how the asbestos cause peritoneal mesothelioma, many believe that swallowed asbestos travel to the digestive system or that the asbestos fibers are inhaled via the lymphatic system which impedes the cells that help fight diseases.

Fortunately, modern advances in technology has made diagnosis of peritoneal mesothelioma on the earlier stages to help prevent its progressions, although many still find it difficult to accurately diagnose. For those who have been diagnosed too late, the prognosis may not be bright, but people who have them can file a personal injury claim against their employers or other concerned parties if they determined that negligence is the cause of their exposure to asbestos and resulting peritoneal mesothelioma. Compensation from such claims can help in paying for medications and treatments needed to help prevent the progression of the disease and possibly manage it.

Defective Medical Devices and Drugs Harm Innocent People

Posted by on Dec 26, 2015 in Medical Issues | 0 comments

Many people rely of medical products to help them deal with the number of physical ailments and limitations that they have. Surgeries are done and medications are taken in order to help treat physical and mental problems that many people suffer from. Because of the importance of such medical products and equipment, many companies have taken advantage of the need of people and created defective products that have put the lives of their consumers in the line.

When a person suffers a major injury due to unsafe and defective medical products and devices, the victim or their family can file for a product liability claim or medical negligence in order to win compensation for the damages caused by the product. This website states that aside from medical professionals, manufacturers should also be held accountable for their negligence. These manufacturers have the responsibility of providing important and relevant information about the dangers of their medications, and withdrawing such information would endanger their consumers. Although the FDA already issued updated safety warnings regarding the use of Depakote, many consumers have already suffered from serious side effects of the drug and have filed for injury claims.

Likewise, it is not only the medications that consumers should be wary of. There are many medical devices that have been known to cause serious health risks to their patients. One such defective device is the Bard G2 IVC filters which have lead to many patients suffering from complications like sever bleeding, perforation of the blood vessels, and internal bleeding. The filters are marketed to help prevent future blood clots in the lungs by filtering, but a Bard G2 IVC filter lawyer would likely point out that the design makes it possible for the device to break away from the implant and transfer detached parts to other areas of the body, putting the health of the patient in danger.

Filing an injury claim due to defective medications or devices can be difficult sine there are many parties involved.

Don’t Take Minor Crimes Lightly

Posted by on Dec 24, 2015 in Criminal Law | 0 comments

Not many people take misdemeanor and even criminal charges lightly, and this can lead to a lasting effect on your life and the people around you. A criminal record, regardless of whether you are innocent or not or the weight of the offence can limit you in many ways of your life. According to the website of the Bruno Law Offices, criminal charges can lead to many damaging results. Having an existing criminal record can make future minor offenses such as traffic violations and moving violations a serious offense.

A misdemeanor or criminal charge can lead to license suspensions, hefty fins and even long imprisonment. This can make life difficult for you and your family, especially if you are the main source of income. Likewise, society tend to look down upon those who have criminal records, making employment, travel and even driving difficult to deal with. Unfortunately, a great number of people don’t have the liberty to close or clear their criminal records, leading to a more complicate life. This is the reason why it is important to get legal help and representation when being charged with a crime, so that it will not be put on your records and to avoid future complications that may come about.

According to the website of the Law Offices of Richard A. Portale, P.C., those who already hold criminal records can find themselves in hot water even on simple offenses. They also tend to suffer higher penalties and sentences. Likewise, some privileges such as driving, child visitation, and travel can be limited or altogether eliminated, depending on the severity of the charges. The obstacles that you may face when charged with a misdemeanor or criminal offense does not end with paying the fines and doing jail time; it will lead to a life-long struggle of proving your innocence unless additional legal action is done to clear the record.

Coping with Cerebral Palsy in Your Child

Posted by on Dec 23, 2015 in Medical Issues | 0 comments

Brain trauma is main cause of cerebral palsy, and it can occur before, during, or after pregnancy. A quick trauma can have permanent effects to the child’s skills and development for all of their lives. The fragile state of an infant’s brain can make it very sensitive to injury during the initial growth stages, therefore, trauma strong enough to cause cerebral palsy would end up being irreversible. In order to prevent the issues and difficulties that cerebral palsy can cause, it is thus important to know the causes of this mental condition in order to prevent it from happening to your child.

Cerebral palsy is a diverse disorder and it affects the motor skills, muscle tone, and movement of the child. Many of the causes of cerebral palsy are preventable. Proper prenatal care can detect if the fetus’ brain is not developing properly. A big number of children with cerebral palsy were born with normal brain growth and only developed cerebral palsy during labor and childbirth. Many children with cerebral palsy acquire the condition due to traumatic birth and medical negligence that made the labor and birth difficult. The Driscoll Law Firm states on its website that cerebral palsy due to medical negligence can lead to a medical malpractice claim. The family can recover damages for the errors and the negligence of the medical staff which lead to the injury and life-long treatment of the newborn.

Unfortunately, there is no present cure for cerebral palsy, but there are treatments, surgeries, special equipment and therapy to help those afflicted with it and enable them to live their lives to their full extent. Having a child with cerebral palsy may be challenging and difficult, not only for the child but also for the parent who needs to look after them. It can be physically, emotionally, and financially draining to have someone in your family suffer from cerebral palsy, which is why it is important to hire a lawyer to help determine whether a medical malpractice claim can be file. Compensation may not free the child of cerebral palsy, but it would certainly be helpful to have financial capacity to get treatment, therapy, medications, and special equipment to make living easier and more tolerable.

Construction Accidents in the USA

Posted by on Dec 22, 2015 in Construction Dangers | 0 comments

Construction in the United States is governed by a branch of law cover anything and everything concerning building construction, engineering and other related fields. Construction law deals with a range of legal concerns, such as (but not limited to) contracts, bonds, negligence, and many others and it affects a number of parties associated with the construction industry. Worker’s compensation law falls under construction law, and it is these laws that will govern all workers’ compensation claims and benefits that will be awarded.

Under the construction law, the contractor and the owner both carry the responsibility of acting in good faith in accordance of what is put on their contracts and that courts hold the contractor on their duty to perform their services in the most suitable professional method. This means that the contractor has the responsibility of informing the owner of any construction or design specifications that can lead to dangerous and damaging outcomes, and according to the website of Hack & Rose, LLP this will make them liable for an accidents and injuries that may occur due to building defects. What can make construction accident claim difficult to prove is because of the number of parties that can be held responsible, therefore hiring a lawyer after being involved in one is the best way to ensure that evidence and documentation, as well as proper legal representation, is prepared and presented.

According to the website of Arenson Law Group, PC, construction accidents can lead to a wide variety of injuries, from minor to fatal, and can be due to a number of reasons. Generally, construction workers who have been injured during or while on duty is covered by worker’s compensation, but there are instances where this may not be enough or the injuries are significant to warrant a personal injury claim, especially if the accident was not related to job safety. When defective tools or faulty equipment is the cause of the worker’s injuries, filing an injury claim against the maker or manufacturer is an option.

Motorcycle Accidents as Product Defects

Posted by on Dec 21, 2015 in Motorcycle Accidents | 0 comments

Among the things that consumers face regarding product defects are the recalls, which include motor vehicles such as motorcycles. It is usually prompted by the National Highway Traffic Safety Administration (NHTSA) or the manufacturers themselves, after defects reported from the vehicle or a component of the vehicle compromise the safety of the unit, and the rider. When motorcycle defects is the reason why you have been in an accident, it is important to know how recalls are made along with the responsibilities of those involved in order to have a smooth personal injury or insurance claim.

Regardless of whether it is the NHTSA or the manufacturer who ordered the safety recall, it will still be the manufacturer’s responsibility to enter a public report that would detail important facts such as the defect of the noncompliance with the safety standard, the number of involved vehicle or equipment, the significant events that lead to the decision to recall, details of the countermeasure and the definite schedule for the product recall. According to the website of Habush Habush & Rottier S.C.®, manufacturers have the responsibility of ensuring the safety of their products even before they are sold in the market; therefore they have the obligation to inform the owners of the recalled units or recalled equipment. Nevertheless, even if you have not received a notification of recall from the manufacturer but your vehicle is subject to the safety recall, you have the right to demand a remedy from the manufacturer without any cost to you.

Any remedy that the manufacturer should do to address that safety issues should not be at the cost of the consumers, as dictated by federal law. As stated in the National Traffic and Motor Vehicle Safety Act of 1966, the remedies that the manufacturer should provide the consumers affected with the recall should be free, safe, and adequate. These fixes are monitored by the NHTSA, as well as update the consumers of monthly lists of vehicle recalls that include the make and model of the product along with a short description of the safety issue. The legal website of Ali Mokaram states that bikers injured from motorcycle accidents have the right for compensation if the cause of the accident and injuries are from vehicle defects. Manufacturers can be held accountable for their negligence, and a personal injury claim due to safety defect is a strong case to bring to court.