Work injuries in South Carolina create a number of different legal issues

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Charleston, SC – When someone is hurt while working, they may be required to go through certain procedures mandated by their employer. However, they are also entitled to various forms of compensation, even if the employer tries to dissuade the worker from utilizing these remedies. Workers compensation claims and personal injury lawsuits are the two most common ways that the victim can try to receive financial assistance after they are hurt and must stop working for a given period of time. 

How a work injury happens

Workers who are in fields that involve manual labor, hazardous materials, construction, and driving tend to be at the highest risk for injuries. However, it is possible that anyone can be injured on the job. If someone is hurt by equipment that they need to utilize, another employee, or from a simple error, they may be able to make some kind of claim for compensation. The employer will investigate to see if the worker was engaged in their normal job duties when the incident happened. In most cases, if someone was not doing their normal work and engaged in some other activity while they were hurt, the employer will not be responsible.  

Workers compensation claims

Workers compensation is one of the most important forms of relief for injured workers. This is essentially a form of insurance purchased by the employer to pay for a worker’s lost wages and some basic medical expenses while they recover from an injury. Most employers of a certain size are required by law to carry some kind of workers compensation insurance.  

Personal injury lawsuits

Whether a worker’s employer or another entity is responsible for their injuries, the victim can bring a civil injury case to be compensated for things like medical treatment, lost income and wages, and emotional pain and trauma caused by the incident. This is done through a negligence case, which essentially says that the defendant breached their duty of care and caused various forms of harm. The element of damages is when the victim is able to add up all of these losses and argue that the defendant needs to provide compensation for the problems that they caused. Most injury lawsuits will end with a settlement agreement between the victim and the defendant, but it is possible that a full trial will be necessary. 

Speaking with a firm that handles work injury cases

Anyone who has been recently hurt at work can contact a lawyer to review their situation and recommend a course of action. The Clekis Law Firm handles workers compensation issues, personal injury cases, and related matters for clients in the Charleston area. 

Firm contact info:

The Clekis Law Firm

171 Church St., Charleston SC, 29401

[email protected]

843-900-0000

clekis.com

Largo, Florida, What should an individual do if an officer falsified the amount of a controlled substance they had in their possession?

Largo, Florida, What should an individual do if an officer falsified the amount of a controlled substance they had in their possession?

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When an individual is caught with a controlled substance, the type and amount they have in their possession are what is used to determine the charges that shall be filed against them. If an officer falsified the amount of a controlled substance, it can lead to an individual being charged with a much more serious crime which, in return, will carry much more severe penalties. If a person in Largo, FL believes the officer who arrested them falsified how much of a controlled substance they had in their possession, they are going to need to hire a Largo, FL criminal defense lawyer who can help them prove this.

 

Penalties for Having a Controlled Substance in Largo, Florida

 

While some drug charges might result in an individual being charged with a misdemeanor, other types of drugs can lead to an individual being charged with a felony. It all depends on the type of drug they had in their possession and the amount. In most cases, however, a drug charge of any type is likely to carry jail time, fines, fees, etc.

 

Ways a Criminal Defense Attorney Can Help After a Person Has Been Charged with a Drug Crime in Largo, FL

 

When an individual believes they have been charged with the wrong crime (i.e. an officer accused them of having more of a controlled substance than they actually had), they will want to retain a Largo, FL criminal defense attorney who can assist them with gathering evidence to help support a request for a reduction in charges. Some forms of evidence that may be supportive to the case include:

  • Police body cam footage. Only under certain circumstances are police departments required to release police body cam footage, however, a Largo criminal defense lawyer will be able to assist an individual with this.
  • Witness statements. If others were around at the time the arrest was made, they may be able to help corroborate the allegations that are being made against the officer.

 

If an individual is seeking legal representation because they were charged with the wrong crime in Largo, FL, they can contact Trevena, Pontrello & Associates for legal help. The last thing anyone wants is to face penalties for a crime they didn’t commit. However, proving an officer falsified the quantity of drugs an individual had in their possession at the time of their arrest can be challenging to do which is why they should consider hiring a Largo, FL criminal defense attorney.

Trevena, Pontrello & Associates is a criminal defense law firm located in Largo and can be reached at 727-581-5813.

 

Trevena, Pontrello & Associates is located at:

 

801 W Bay Drive, Suite 509

Largo, FL 33770

Phone: 727-581-5813

Website: www.trevenapontrellolaw.com

Will insurance pay for lost wages after an accident in Grand Rapids, Michigan?

Will insurance pay for lost wages after an accident in Grand Rapids, Michigan?

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If an individual was involved in a car accident in Grand Rapids, MI, and they are unable to work due to the injuries they suffered, they may be entitled to recover compensation to make up for their lost wages. Compensation for lost income is often recovered from the insurance company or the driver who is responsible for causing the accident if there is a liable party. To see which option will yield the best results, a car accident victim is encouraged to consult with a Grand Rapids, MI accident lawyer.

 

Recovering Compensation for Lost Wages Through the Insurance Company

 

The State of Michigan recently revised its insurance laws which took effect on policies that were issued or renewed on or after July 1, 2020. Policies that were issued or renewed before July 1, 2020, will not be affected until it comes time for them to be renewed. According to the new insurance laws, drivers are now required to carry the following types of insurance coverages:

 

  • Personal Injury Protection (PIP)

When it comes to PIP coverage, drivers have the option of choosing one of the following as their medical limit:

  • Unlimited coverage
  • $500,000 per person per accident
  • $250,000 per person per accident
  • $250,000 per person per accident with exclusions
  • $50,000 per person per accident
  • No PIP medical coverage

 

It is worth noting that some of the options listed above do have certain eligibility criteria that must be met. In addition to medical benefits, PIP will also pay for lost wages and replacement services for up to three years after the date of a crash, according to Michigan’s Department of Insurance and Financial Servicesregardless of who caused the accident.

 

  • Property Protection (PPI)

This covers up to $1 million in damage that a driver causes to someone else’s property. Property includes buildings, fences, or properly parked vehicles.

  

  • Residual Bodily Injury and Property Damage Liability (BI/PD)

BI/PD will pay for the injuries a person suffers or if an accident results in a death, up to the limits purchased. Although the new law requires that drivers carry the following limits, they do have the option of purchasing higher ones:

  • Up to $250,000 for an individual who is injured or killed in an accident.
  • Up to $500,000 for each accident if several individuals are injured or killed.
  • Up to $10,000 for property damage that occurs in another state.

Now, if a driver is unable to work due to their injuries, they may be entitled to receive compensation for lost wages by filing a claim under their PIP policy.

 

Recovering Compensation for Lost Wages from the At-Fault Driver

 

If another driver was responsible for causing an accident and the injured party is unable to recover enough to cover their lost wages or other damages from the insurance companies, they may be able to bring a personal injury lawsuit against the driver.

If an accident victim would like to find what steps they should take so they are properly compensated for their injuries, lost wages, pain and suffering, and more, they can contact the Grand Rapids, MI accident lawyers at the Neumann Law Group. The Neumann Law Group does offer free consultations and can be reached at (800) 525-6386.

 

Neumann Law Group can be reached at:

 

250 Monroe Ave NW #400
Grand Rapids, MI 49503

Phone: (616) 717-5666

Website: www.neumannlawgroup.com

How long does it take USCIS to process a DACA application?

Atlanta, Georgia, What documents can help prove that an individual meets the guidelines to be considered for DACA?

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With U.S. Citizenship and Immigration Services (USCIS) now required to accept first-time requests and renewals forConsideration for Deferred Action for Childhood Arrivals (DACA), individuals who meet the eligibility criteria may be preparing to get their forms filled out and filed with the agency. When an individual applies for DACA, USCIS requires that they submit certain documentation that shows they meet the program’s guidelines. The documentation that needs to be submitted does vary by application type and those who are submitting a renewal request are not required to re-submit documents that were submitted when they initially applied.

Below is an outline of the documentation USCIS will accept for DACA applicants.

 

First-Time DACA Applicants

 

  • Evidence that they arrived in the U.S. before their 16th birthday. Some examples include employment records, medical records, school records, etc.
  • Proof of identity. Examples include a passport, birth certificate with photo identification, etc.
  • Evidence that shows they have continuously resided in the U.S. since June 15, 2007, up to the present date.Examples include passport entries, dated bank transactions, automobile registration, etc.
  • Evidence that shows they were present in the U.S. on June 15, 2012. This might include rent receipts, utility bills, hospital or medical records, school records, etc.
  • Proof they had no lawful status on June 15, 2012. Examples include Form I-94, I-94W, or I-95 Arrival/Departure Record, a charging document that placed them into removal proceedings, etc.
  • Proof they are attending school, graduated from school, or received their General Education Development (GED) certificate. Some examples include a U.S. GED certificate, U.S. high school diploma, etc.

 

DACA Renewal Requests

 

If an individual is submitting a renewal request for DACA, they are only required to submit “any new documents pertaining to removal proceedings or criminal history that [they] have not already submitted to USCIS [Source: USCIS]. If USCIS needs additional information, they will contact the applicant and request that he/she submits the information needed to process their request.

 

Kuck | Baxter Immigration Can Help an Individual Fill Out and File Their DACA Forms

 

If an individual is considering applying for DACA and they live in Atlanta, they should only do so when they have an experienced Atlanta, GA immigration lawyer available to help them. Immigration forms can sometimes be confusing and to ensure an applicant doesn’t make a mistake that could potentially cause their request to be denied, they should have a lawyer assist them with the entire application process.

The window to apply for DACA could close if the Department of Homeland Security (DHS) decides request relief from the recent order that was issued by a U.S. District Court, therefore, if anyone is looking to submit a request for DACA, they are encouraged to contact Kuck | Baxter Immigration for help.

 

Kuck | Baxter Immigration can be reached at:

 

365 Northridge Road, Suite 300

Atlanta, GA 30350

Phone: 404-816-8611

Website: www.immigration.net

What should an employee in Missouri do if a co-worker made unwanted sexual contact with them?

What should an employee in Missouri do if a co-worker made unwanted sexual contact with them?

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Unwanted sexual contact is a form of sexual harassment and is prohibited in the workplace. If a co-worker did make unwanted sexual contact with an employee, the employee should discourage the behavior and report it to their employer immediately. When sexual harassment, in any form, is left unaddressed, it may encourage the harasser to continue engaging in the behavior which will only cause the victim more harm.

According to a recent survey, it was discovered that some victims of sexual harassment experienced the following:

  • They felt anxious or depressed.
  • They had to change their route or regular routine.
  • They had to end a relationship, either a friendship or a romantic one.
  • They filed an official report (e.g. a police report).
  • They quit or sought a new job assignment.
  • Stopped a hobby or activity.

 

Of all the ways victims who participated in the survey could respond to sexual harassment, the least amount of people confronted their harasser.

 

Ways an Employee Can Address Sexual Harassment When It Involves a Co-Worker

 

Confronting a co-worker can be stressful and intimidating, and therefore, an employee should be aware of the other ways they can address a sexual harassment issue that is occurring in their place of employment.

 

  1. Report the incident to their employer. If an employee feels comfortable with doing so, they can report the harassment to their employer. Employers in Missouri should have a plan in place on how they handle workplace issues such as sexual harassment.

 

  1. Report the incident to the human resources (HR) department. If an employee doesn’t feel comfortable with discussing their issue with their employer, they can take their concerns to their HR department.

 

  1. Contact the authorities. If an employee feels threatened or unsafe, maybe because their co-worker seems to show at random places they visit or is constantly sending them inappropriate messages via text or email, they can contact their local police department to report the behavior.

 

  1. File a complaint with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC accepts certain types of complaints, including those stemming from sexual harassment in the workplace.

 

  1. Speak with a Missouri sexual harassment attorney. It is often unclear to an employee what their legal rights are when they are being sexually harassed by a co-worker or even an employer. Although an employee’s HR department and the EEOC can help address sexual harassment issues, a Missouri sexual harassment lawyer can actually assist a victim with obtaining the justice and financial relief they are seeking. Far too often do employees quit their job or accept a lower-paying position just to get away from their harasser. Between the emotional suffering and the financial setback a person might experience, an employee should take the time to gain a better understanding of what their legal rights are and how they can be properly exercised.

 

Find a Sexual Harassment Attorney in Missouri Now

 

If an employee is looking to discuss their workplace issue with a qualified lawyer, they can contact USAttorneys.com for help. USAttorneys.com can get an employee connected with a Missouri sexual harassment lawyer, no matter where they work, whether that be Kansas City, St. Louis, or Springfield.

Why do some employees in Mississippi avoid reporting sexual harassment in the workplace?

Why do some employees in Mississippi avoid reporting sexual harassment in the workplace?

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As unsettling as it may sound, there is a large percentage of individuals who fail to report when an incident of sexual harassment occurs within their place of employment. But why? Why do both women and men fail to bring forward their issue so that it can be properly addressed?

Anyone who has been or thinks they have been sexually harassed at work who fails to report the incident(s) has their reasoning for doing so. Some of the more common reasons why sexual harassment victims often choose not to report an incident include:

 

  1. They are afraid of retaliation.

This is a common reason when the harasser is a supervisor, manager, or owner of the company. Many individuals worry that because someone with status is the harasser, they might retaliate against them by demoting them or even firing them if they come forward with their complaint.

 

  1. They don’t know the behavior is unacceptable.

Sexual harassment involves “unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.” Because some harassers make subtle moves such as brush up against a co-worker or “accidentally” bump into them and touch them inappropriately, a victim might be uncertain as to whether the behavior is actually considered a form of sexual harassment. But the truth is, when any behavior displayed in a sexual context causes the work environment to become hostile or offensive to work in, it may be classified as a form of sexual harassment.

 

  1. They don’t know who to report it to.

Employees who are harassed by a supervisor or manager often don’t know who they can turn to for help. Generally, when an employee experiences an issue at work, they would report it to their manager or supervisor. However, if that person happens to be the harasser, then a victim might not know who they can report the incident to. Rather than explore their options, many victims choose to brush off the incident or leave their job to avoid having to endure the behavior any longer.

Although an individual might feel as though they should refrain from reporting a sexual harassment incident, whether it is to save their job or because they don’t know who to bring their complaint to, they should know there are sexual harassment lawyers in Mississippi who can help them.

 

Connect with a Mississippi Sexual Harassment Attorney for Legal Advice and Assistance

 

If an individual is being sexually harassed at work or believes their employer’s behavior might constitute as a form of sexual harassment, USAttorneys.com can help them locate a lawyer in their city who they can discuss their concerns with. Whether an individual works in Jackson, Gulfport, or any other city in MS, USAttorneys.com will help them find a MS sexual harassment attorney close to them who is available and willing to help them with their matter.

Does a spouse have to agree to a divorce in Clinton County, Michigan?

Does a spouse have to agree to a divorce in Clinton County, Michigan?

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If a spouse in Michigan does not agree to a divorce, while they can slow the process down a bit, they can’t exactly stop it from unfolding. Michigan is one of many states that allow for no-fault divorces. This means that an individual can file for divorce and cite that “there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no likelihood that the marriage can be preserved” [Source: Michigan Revised Statute §552.6].

If a spouse decides to use this as their reasoning for filing for divorce in Michigan, the law states that they do not have to provide any other explanation than what is stated in the statutory language listed above. Therefore, if an individual decides they no longer want to be married, even if their spouse does, the court may award it if the individual who is filing can prove there has been a breakdown in the marriage.

 

What factors can cause the divorce process to become delayed?

 

If a spouse doesn’t agree to getting divorced, he/she can deny there has been a breakdown in the marriage when replying to the petition for divorce they were initially served with. The court will consider this when making its determination on how to proceed forward. In addition to this, some other factors that can cause the divorce process to slow include:

 

  • The spouse who was served refuses to come to an agreement on one or more issues. During the divorce proceedings, certain issues such as division of assets, child custody, child support, and alimony must be agreed upon. When one or both parties cannot come to an agreement or refuses to do so, it can cause the divorce proceedings to drag out. This is often one of the most common reasons why divorces delay in getting settled.

 

  • The defendant (i.e. the spouse who was served) frequently asks for extensions on court dates. Under certain circumstances will the court push a court date back if an individual has a valid reason for requesting it.

 

Hiring a Clinton County, MI Divorce Attorney When the Divorce is Contested

 

Generally, if a spouse doesn’t wish to go forward with the divorce process, he/she may try and stop it by refusing to agree to one or more issues. When this happens, the divorce is considered to be a “contested divorce” which is often the more difficult type to get through. If an individual knows their spouse is not going to agree to the divorce or any of the pressing issues that must be addressed during the proceedings, they should hire a Clinton County, MI divorce lawyer to represent them.

The Law Offices of Stuart R. Shafer, P.C. is a family law firm located in Michigan that can assist with an array of legal matters including divorce, child custody, and even child support. To connect with a lawyer and find out how they can help an individual navigate through the divorce proceedings with more ease, contact the Law Offices of Stuart R. Shafer, P.C. today.

 

The Law Offices of Stuart R. Shafer, P.C. can be reached at:

 

1223 Turner Street, #333

Lansing, MI 48906

Phone: 517-487-6603

Website: www.stushafer.com

Can a stepparent adopt a child in Alabama?

Can a stepparent adopt a child in Alabama?

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Yes, a stepparent can adopt their spouse’s child in Alabama so as long as they meet the court requirements to do so. Typically, when a stepparent is looking to adopt their stepchild, they will need to receive consent from the child’s other biological parent before a court will allow them to go through the adoption process. Additionally, the court also requires that the adoptee (i.e. the child) has lived with the petitioner (i.e. the stepparent) for at least one year [Source: Section 26-10A-27 of Alabama Code].

 

What if the stepchild’s biological parent abandoned the child?

 

Although an Alabama court will typically require that the stepparent who is looking to adopt their stepchild first receives consent to do so from their biological parent, there are times when the court will recognize an exception to this requirement. For example, if the child’s biological parent abandoned him/her, meaning they have not been around to provide the child with any emotional or financial support, then the stepparent may not be required to obtain consent from them.

Another exception would be if the child’s biological parent was stripped of their parental rights, whether it is attributed to a history of abuse or because the parent has been deemed by a court to be unfit to care for and provide for their child. When a stepparent isn’t required to obtain consent from a child’s biological parent, it can make the adoption process much easier to get through.

 

Are adoptions kept confidential?

 

According to the Probate Court of Jefferson County, Alabama, the Alabama Adoption Code was created to help keep the adoption process confidential. Therefore, the only individuals who would have access to adoption records include:

  • The petitioner (i.e. the stepparent and biological parent who filed the adoption papers).
  • An attorney who was retained or appointed by the minor who was adopted.

 

The only time someone else might be entitled to view adoption records is if they obtain a court order that shows they have a valid reason for wanting to review them. In addition to this, Alabama courts also do not allow the public to enter the courtroom when an adoption hearing is being conducted.

 

Hire an Alabama Family Law Lawyer to Help with the Adoption Process

 

If a stepparent is looking to adopt their stepchild, they do have the option of retaining an Alabama family law attorney who can help them through the process. Aside from handling all of the legal paperwork, a family law lawyer in Alabama will also be there to answer any questions or concerns as they arise. To connect with a family law firm in Alabama to discuss the adoption process in-depth, contact Hill, Gossett, Kemp & Hufford, P.C.

 

Disclaimer: No representation is made that quality of legal services provided is greater than the quality of legal services provided by other attorneys.

 

Hill, Gossett, Kemp & Hufford, P.C. can be reached at:

 

Moody Office

2603 Moody Parkway, Suite 200

Moody, Alabama 35004

Phone: (205) 640-2000

Website: www.hwhlawgroup.com

 

Leeds Office

7900 Parkway Drive

Leeds, AL 35094

Phone: (205) 699-5500

 

Springville Office

6441 U.S. Highway 11

Springville, Alabama 35146

Phone: (205) 467-2225

Nursing homes in Florida may contain various types of diseases

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Boca Raton, FL – Nursing homes are known to be places where elderly and vulnerable individuals may experience serious problems due to shortcomings within the facility. One serious problem that can be tied to improper sanitation and other improper health guidelines is an outbreak of a viral or bacterial illness. Elderly people can become extremely sick or even experience a fatal illness from these issues while staying in a facility. 

How do diseases spread within a nursing home?

There are many strains of diseases that can live on infected surfaces or spread due to improper hygiene measures from the staff and administration. Some bacterial illnesses such as C. diff and E. Coli can cause digestive problems and result in dehydration. These bacteria are also highly contagious, and they can easily spread through an entire nursing home once one or two people become infected in close quarters. 

Salmonella is another regular problem in nursing homes that inadvertently serve their patients contaminated food. This bacteria causes gastrointestinal problems and is contagious. There have been documented cases of elderly individuals experiencing fatal cases of Salmonella due to their weakened state. There is another bacterial illness called Shigella that results in similar symptoms to Salmonella and is also generally transmitted through food. 

Norovirus is another contagious disease that results in digestive problems. This is a very common illness that spreads through food and places where people are living in close contact with each other. The very young and very old are at risk from developing fatal complications due the effects of norovirus on the digestive system.  

Lawsuits after contracting an illness

If a victim requires additional medical treatment or passes away due to these kinds of illnesses, the person or their family can bring a civil case against the facility. All nursing homes are supposed to follow certain guidelines to keep their residents safe and free from diseases. Violations of these guidelines can result in severe health consequences and legal action. 

Nursing homes are required to be inspected by government agencies for compliance with sanitation guidelines and other important issues. However, even homes that are in violation of some of these guidelines are often only fined or sanctioned and given long periods of time to correct their problems. During these probationary periods, residents in the facilities may still suffer. 

Getting help from a local nursing home attorney

There are lawyers who dedicate their time to addressing issues in nursing homes and helping their clients bring civil lawsuits against these facilities. Rosenberg Injury Law is a firm in Boca Raton that handles cases related to problems in nursing homes. 

Firm contact info:

The Law Offices of Jeffrey A. Rosenberg

5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487

561-508-8800

rosenberginjurylaw.com

Accident victims in Las Vegas will need to take several steps with the assistance of a lawyer

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Las Vegas, NV – Motor vehicle accidents create a lot of different problems for everyone involved. There may be significant damage to the vehicles, medical issues, and problems with the insurance process. All of these losses also cost time and money. All of these associated issues may require various kinds of legal assistance to make the right choices and preserve the possibility of receiving compensation through a settlement or lawsuit. 

Starting at the accident scene

Immediately after the collision, the drivers involved in the accident are supposed to make contact with each other and contact the police. There needs to be an exchange of basic contact information, and the police will also begin their investigation to create an accident report later. This report may be one of the most important pieces of evidence tied to the legal process surrounding the lawsuit and insurance process. Drivers who do not contact the police or their insurance company, or even leave the scene in violation of state laws, may face additional problems. 

The initial consultation with an attorney

Many individuals who find that their accidents have caused significant financial problems will start to look into the process to bring a civil case. This usually starts with the potential client contacting a local lawyer and meeting to discuss their situation and ask questions. At the conclusion of this meeting, the attorney and client may agree on representation and start the formal process to file a complaint in the local courts and bring a civil lawsuit. Many firms will offer this initial consultation for free, and bring the case on a contingent fee basis, which means that the client will only pay the legal fees out of their winnings, and only if the firm can successfully argue the case. 

Proving the case and concluding the lawsuit

After the initial complaint is filed and the defendant responds, the two sides will exchange evidence back and forth through the discovery process. This means that they will all have enough relevant information to decide whether a trial is necessary, who is likely to win the case, and if a settlement agreement is the more efficient option. This is especially true in cases where one party is clearly at fault for the accident based on all of the evidence provided to both sides. Trials tend to be the more expensive and time consuming option.

Learn more from a local injury attorney

There are legal professionals who assist clients with their accident lawsuits in the Las Vegas area. Anyone who needs to learn more about bringing a civil case can contact the experienced attorneys at Southwest Injury Law. 

Firm contact info:

Southwest Injury Law

8716 Spanish Ridge Ave, Suite 120, Las Vegas, NV 89148

702-600-3200

www.southwestinjurylaw.com