Know Your Rights As An Employee

By on 2-10-2016 in Visas

The economy these days has made the job market incredibly competitive. This has made people become fearful for their jobs and would tolerate unjust treatment at work for the sake of keeping their means of income. This is not acceptable, of course, as there are numerous laws that are in place that aim to protect the rights of the employee.

For example, if some members of the company (even if they are in the levels of administration) are in a federally fraudulent or dealing with illegal matters, it is the responsibility of the employee to report unlawfulness and crime where it happens without fear of repercussion against their own person. According to Santa Clara University, these people are called whistleblowers—employees who bring wrongdoing at their own organizations to the attention of authorities. According to the website of The Melton Law Firm, whistleblowers are granted protection and rights in the event of circumstances like these, as they should be.

Employees should also feel safe in their workplace environments and this includes safe from discrimination against their gender identity, their race, or their creed. An employee’s wages should also be fair and in accordance to the agreement stated in their contract—and this includes overtime wages as some states even protect undocumented immigrants from unfair or unpaid overtime wages.

It can be tempting to just duck your head and protect your comfortable place with any given job, for fear of losing it—but there are more important things than self-preservation and your rights as well as the rights of those around you, which can only benefit from well-founded righteousness such as standing up for your employment rights.

Is No Fault Divorce Easier than “Fault” Divorce?

By on 2-10-2016 in Visas

Whichever way you look at it, divorce is a complicated process and, more often than not, it is fueled with conflicting and distressing emotions. However, it isn’t always as simple as a married couple that no longer wants to be together – sometimes, there are other factors that can come into play, which is why there are several different kinds and classifications of divorce.

Two such classifications of divorce are “no fault divorce” and “fault” divorce.

A fault divorce deals with a divorce case as to where one or both parties have committed a fault during the marriage and it is that fault that is the main reason for the marriage. These can come in the forms of domestic abuse cases or situations involving infidelity or desertion for a prolonged, unknown period of time. No fault divorce cases are ones that, however, have both parties at relatively amicable terms with each other and mutually want to terminate the marriage due to irreconcilable differences. According to the CDC, there were 813,862 divorces in 2014, not counting California, Georgia, Hawaii, Indiana, and Minnesota.

Both cases have their own difficulties as, according to the website of Marshall & Taylor, the recent state of the economy has made legal issues difficult to deal with as they can be quite pricey. Not only that but they can also be emotionally draining for everyone involved – especially if there are children involved.

A “no fault divorce” may, at first, seem like the simpler option but it has its own hurdles. According to the website of the lawyers with Holmes, Diggs & Sadler, there are some interests and aspects that must still be protected by either party in order to come together into an agreement that is acceptable to both parties. This process can be lengthy and tedious so, really, neither case is much easier than the other to handle for they both come with their own sets of complications.

If you or someone you know is considering divorce, it is advised to first seek the counsel of a reputable divorce attorney before proceeding.

Why is Medical Malpractice with Personal Injury?

By on 2-10-2016 in Visas

If personal injury cases deal with accidents, how can medical malpractice constitute as a subclass of that particular branch of the law? Let’s break it down.

Personal injury, as according to the website of lawyers Crowe & Mulvey, LLP, is a situation wherein an innocent plaintiff has suffered an injury (which can be physical, mental, emotional, or any combination of the three) and it is due to the negligent actions of a guilty party. There are many different ways as to how a person can be injured due to negligence, hence the need for subclasses of personal injury, and that begs the question as to how medical malpractice fits under that umbrella term.

If a medical professional were to, say, accidentally damage the brain during surgery or have given too much of a certain drug and inadvertently caused overdose, then that is negligence that can be filed under medical malpractice. Those are the most obvious cases however as according to the website of the The Benton Law Firm, there are some medical malpractice cases that are a result of pure carelessness, which constitutes as negligence.

A wrong diagnosis, for example, can be constituted as a case of medical malpractice. According to an article by CBS News, 12 million people are misdiagnosed every year. Say if a patient were to have been diagnosed with something simple when, in reality, they had a subtle but fatal disease that could have been treated if it had been acted upon quickly. It is the responsibility of medical practitioners to deliver their utmost best and practice with the utmost care and precision, given the fragility of what they have to work with: the health and wellbeing of their patients.

It can be a difficult case to pursue, medical malpractice, as the attorney that represents the plaintiff would have to be not only knowledgeable with this complicated branch of the law but must also be comfortable and familiar with the medical landscape that concerns a specific case.

Personality Disorders and Defective Pharmaceuticals

By on 2-10-2016 in Visas

While there are significantly more resources available for people who suffer with mental illnesses such as personality disorders, there is still a certain socially constructed stigma against them. A lot of people still use “depressed” or “bipolar” as if they were adjectives and not serious, psychological issues. Due to the stigma, some sufferers are still reluctant to seek help and take medication. According to the World Health Organization, an estimated 350 Million people suffer from depression.

There is, unfortunately, more reason to fear medication aimed to help people who suffer from psychological issues such as personality disorders and that is the fact that there are some drugs or pharmaceuticals in the market that are defective and can cause more harm as side effects.

Take, for example, the examples highlighted through this website: that has documented claims against the harmful effects of a drug called Depakote that is meant to treat seizures and manic episodes for people with bipolar personality disorder (BPD). Those who suffer from BPD are prone to suffer manic episodes that range from two or more emotional extremes, which can be dangerous for them as well as the people around them. People who suffer from BPD are also prone to panic attacks as well as depressive relapses so severe that it could lead to suicidal thoughts and actions.

According to the website of Williams Kherkher, there have been claims that have said that their taking Depakote is what caused for them to suddenly have malformations on their face or skull or cardiovascular system or have developed brain defects due to the drug. Suffering from disorders such as this can be a difficult, personal battle and it is so much harder to deal with when the tools that are available can cause pain like this.

That is why it is always important to do sufficient research before consuming medication.

How Can I Recover from Construction Site Accidents?

By on 2-10-2016 in Visas

Construction sites are near synonymous with busy metropolitan areas. New buildings are getting built and old ones are getting renovated all the time.  Not only that but there are also new overpasses and roads and streets that are being constantly restructured, usually as a preventative measure in order to restore safety precautions. However, as good as the intentions are of most of these construction sites, the odd accident does happen every so often—and you don’t have to work at one in order to be injured by one. According to the Occupational Safety and Health Administration (OSHA), the four most deadly injuries are falls, electrocutions, being struck by an object, and being trapped/caught in between two objects.

In the website of the lawyers with Hach Rose, there are numerous construction site accidents that happen every year and a significant number of them happen to passersby who are unsuspecting civilians. Falling debris, for instance, is not an altogether rare occurrence for civilians.

Injuries suffered by people who work at construction sites can fare far worse for they are in closer proximity to the more dangerous tools used for construction and they are also the ones whose incomes are dependent on them being able to do their jobs. If a construction worker had their, say, limb amputated then they would no longer be able to do their job with the same level of proficiency that is necessary for them to retain their position. Or, at the very least, they wouldn’t be able to go back to work immediately, which would mean a significant loss of wages.

Situations like these are difficult and complicated for they deal with both medical expenses – for physical injuries and the repercussions that come with the trauma that comes afterwards – as well as the other expenses that are warranted compensation. If the injured party, for example, was the main earner of a family then several people are affected by the accident.

Construction site accidents that are a result of negligence – for there need to be precautionary measures in place in order to prevent any and all accidents that are a result of human error – warrant for the victim to receive recompense after experiencing such trauma and that is why situations like this can usually warrant a case of personal injury.