Posts made in October, 2016


Keeping your space spic and span is an important step in keeping everything organized. At first, we all think that we know how to pack but when we are actually doing it already, we begin to realize the difficulty of keeping everything organized. The truth of the matter is that you do not have to go through all those difficulties with the help of storage facilities.

These facilities can make storing convenient, secure, and professional. But choosing the right facility can prove to be a daunting task. It is worth keeping in mind that you will be storing your own stuff in the facility so check them out first before choosing. Here are some tips on making the right choice:

Make sure that the storage facility has put in place adequate security measures

  • Check if the storage units in the facility are the right size for your needs and that it has the capability to cope with your future needs just in case you need to increase or decrease the space you will rent.
  • The facility offers space for goods that you want to store. For example, you are planning to store valuable items and you want an enclosed unit so your items will not be visible outside.
  • The storage facility is tidy and well-maintained
  • The facility is free from pests. The last thing you would want to see is cockroaches or rats on your belongings
  • If you have a lot of things to store, make sure that the facility has enough space for your selected removal vehicle.
  • While most storage units are secured, you can always bring your own lock for added security
  • Look for a facility that is adaptable to temperature change. The unit should be well insulated or double wrapped.

Keeping these tips in mind will help ensure that the items you will store will be safe and will not get lost.

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Work-related injuries are on a rise lately. When employees incur an injury in their workplace, it could mean huge costs for the employer. Workplace injuries cost employers around $1.2 trillion worth of losses annually due to employee health and productivity issues. For this reason, employers have now focused on reducing the incidence of workplace related injuries.

In order to reduce work-related injuries, employers are now utilizing functional employment testing. These tests are designed to match the physical capabilities of new hires with the demands of their potential jobs. Functional capacity testers at WorkSTEPS understand the importance of creating a medically safe, legally compliant, scientific and objective means of matching an employee’s functional capabilities with the essential functions of their job.

Functional employment testing has been in use since World War II in order to efficiently use the pool of workers available in the US working for the war to effectively place them in appropriate jobs. These tests can be done separately or combined with pre-employment medicals. Functional employment testing not only help safely place new hires in jobs but also monitor their progress throughout recovery from an injury and illness as well as establish vocational counseling and planning.

In addition, these types of tests help determine two things: 1) whether the prospective employee can perform essential job functions with or without accommodation and 2) whether they represent a direct threat to themselves or other people. Functional employment testing requires a careful analysis of the job to be tested. The components of the test must be tailored to the specific work setting. For the job to be valid, it should represent the applicant’s ability to perform the job.

Certain employment practices have already been ruled as invalid as they failed to measure important job behaviors. For instance, using height and weight as a criteria for employment has been deemed illegal. If fitness tests are incorporated into pre-employment screenings, then it should demonstrate that fitness is related to job performance.

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The workplace is supposed to be a place where equality and fairness should be practiced. Regardless of race, nationality, gender, or disability, all employees must be afforded equal rights that they deserve. However, this has not been the case over the years. According to statistics released by the U.S. Equal Employment Opportunity Commission, there has a total of 89,385 charges of employment discrimination.

The website of Cary Kane LLP reveals that workers are protected against discrimination when being hired, fired, promoted, or mistreated. Title VII of the Civil Rights Act prohibits employers from engaging in employment discrimination. The law also gives you the right to file an employment discrimination case against your employer or co-worker who is mistreating you. There are certain steps that you can undertake when filing a discrimination case:

Talk to the Offender

The first thing you can do is resolve the issue in a peaceful manner. You can talk to the person who is mistreating you. This may seem awkward at first but such action can help you prove some facts should you decide to file a lawsuit. As the complainant, you need to prove that the harassment was unwelcome and you did not like it. If the situation is not resolved, you can put all your concerns in writing.

File A Complaint Within Your Company

If all your efforts proved futile and the offender continues to discriminate you, the next step is to lodge an internal complaint. You can check your employee handbook or ask human resources on the ways to file a harassment or discrimination complaint. By filing a complaint, you are giving your company an opportunity to conduct an investigation or resolve the problem. At the same time, you are also protecting your rights.

File An Administrative Charge

Before you can file a harassment or discrimination charge in court, you are legally obliged to file an administrative charge. If you don’t, your lawsuit will just be dismissed. Most states require employees to file an administrative charge with a fair employment practices agency in their state before filing a lawsuit. Keep in mind that there is only a short deadline for filing an administrative charge and for filing a lawsuit upon receipt of your right to sue letter.

Filing The Lawsuit

Upon receipt of your right to sue letter from the state or Federal administrative agency, you may now file a lawsuit. At this stage, you will need the help of a lawyer to guide you throughout the process.

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One of the critical issues that need to be determined in a child support case is proving paternity. In awarding child support to the father, there are certain factors that need to be studied by the court. According to the website of Arenson Law Group, PC, unless paternity is established, the father may not be allowed to see or support a child. There are different rules that prevail when it comes to proving paternity.

Agreed or Presumed Paternity

In a child support case, the court classifies fathers as acknowledged or presumed. So what’s the difference? An acknowledged father is a biological father of a child whose parents are unmarried. In this case, paternity is established if the father admits it in court or the parents or agreed upon by the parents. In this case, an acknowledged father pays for child support.

On the other hand, establishing paternity for a presumed father is based upon certain conditions that need to be true unless he or the mother proves otherwise:

  • The man was married to the mother when the child was conceived or born. In some states, however, a man is not considered a presumed father if the couple has separated.
  • The man tried to marry the mother and the child was conceived or born during that period
  • The man married the mother after the birth and agreed to either have his name on the birth certificate or provide child support
  • The man welcomed the child into his home and openly accepted the child as his own

The presumed father must pay child support

Equitable Parent

The last decade has seen a great deal of changes in the law. Nowadays, in some states, a spouse who is not the legal parent is qualified for custody or visitation under the principle of equitable parent. This is applicable if the man and the child have a close relationship and regard themselves as parent and child or when the biological parent encouraged the relationship. If the man was granted equitable parent rights, he will also shoulder child support.

Alleged Father

When an unmarried man impregnates a woman, he is often referred to as the alleged father. He pays for child support if the court establishes his paternity of he acknowledges that he is the father. He also has visitation rights and may seek custody.

Stepfather

A stepfather is the spouse of a legal mother but is not the biological father of the woman’s children. They are not required to pay support unless he legally adopts the children.

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Trucks and the trucking industry in general is a major contributor in the economic growth of the country. The Department of Transportation revealed that at the moment there are 15.5 million trucks operating in the US and around 8.9 million people are working in the industry. Trucks carry the bulk of moving freight around the nation. The DOT revealed that 7 out of 10 goods transported throughout the country are carried by a truck.
In order to accomplish their jobs of moving freight to their target destinations, truck drivers work long hours. Most shifts will see drivers working 11 to 14 hours, including driving, fueling, and filling out paperwork. However, when compared to passenger cars, the involvement of trucks in accidents is at a much smaller rate. They are three times less likely to get involved in an accident than a regular motor vehicle. Semi-trucks are four times more likely to pass safety checks than cars.
The bad news is that approximately 500,000 truck crashes occur in the United States annually. When they do happen, the consequences are most likely fatal, as what Houston truck accident attorneys of Williams Kherkher will tell. DOT figures revealed that 1 out of every 8 trucking accidents are fatal. Roughly two-thirds of these crashes happen in the daytime.
According to www.habush.com/sheboygans, truck accidents can be attributed to several factors– from driver error, working hours violation, employer negligence, and others. According to the Federal Motor Carrier Safety Administration (FMCSA), the top driver-related factor in truck accidents is brake problems followed by driving too fast for given conditions.
If you have been involved in a truck accident, you can get in touch with a Milwaukee personal injury lawyer so you can have an idea of what your rights are when it comes to truck accidents.

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When employees report for work, it also carries an assumption that their workplace is safe and hazard free. However, this is not the case most of the time. According to the website of Hach & Rose, LLP, employers have a responsibility to provide a safe work environment for their employees and if they fail should be liable for any repercussions of any accidents and injuries in the workplace.

Under the Occupational Health and Safety Act (OHSA), workers have the right to refuse their work if they deem that the workplace has unsafe working conditions. This right applies to all workers except those workers in specified circumstances which may include law enforcers, firefighters, those working in correctional institutions and similar institutions, and healthcare workers and those working in hospitals, nursing homes, and similar facilities.

When your workplace is deemed unsafe, you can file a complaint with the OSHA regarding the hazardous working condition. It is advisable that you should not leave the workplace if you have filed a complaint. Your right to refuse work is protected by law as long as it meets the following conditions:

  • You have asked the employer to remove the hazard and they failed to do so
  • You refused to work in “good faith: meaning that you truly believe in the existence of imminent danger
  • A reasonable person would agree that there is indeed a real danger of death or serious injury
  • There is not enough time , due to its urgent nature, to correct the hazard through regular enforcement channels, such as requesting an OSHA inspection.

You should take the following steps:

  • Request your employer to correct the hazard or give you another work
  • Tell your employer that you will not perform the work unless the hazard is corrected
  • Stay at your workplace until you are ordered to leave by your employer

For your refusal to work, your employer cannot retaliate against you. If they do so, you can contact a Rhode Island construction accident attorney to file the necessary legal claim against your employer.

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Elderly people who are in nursing homes demand utmost care from the facility personnel. According to the Centers for Disease Control and Prevention, more than 500,000 senior citizens more than 60 years old are abused or neglected every year. Neglect and abuse are two of the most common things that can happen to an elderly. While neglect can be similar to abuse, they are not the same.

According to the website of Abel Law Firm, nursing home abuse can be hard to detect. The relatives of the patients are not able to see their elderly family member on a daily or weekly basis. Federal nursing home regulations have different meanings for neglect and abuse. The former is defined as a failure to provide a person with the care and service necessary to ensure freedom from harm or pain. The latter, on the other hand, refers to the intentional infliction of injury, unreasonable confinement, intimidation, and care/service deprivation that causes harm, pain, or mental anguish.

Their similarities lie in the various symptoms used in determining liability of the nursing home facility which may include the following:

  • Bed injuries/asphyxiation
  • Dehydration
  • Emotionally upset or agitated, extremely withdrawn and non-communicative
  • Falls, fracture, or head injuries
  • Infections
  • Instances of wandering/elopement
  • Malnutrition
  • Pressure ulcers
  • Rapid weight loss or weight gain; signs of malnutrition
  • Reluctance to speak in the presence of staff members
  • Unexplained or unexpected death of the resident
  • Unexplained injuries such as wounds, cuts, bruises or welts in various stages of healing

Whether it’s nursing home abuse or neglect, the facility can be held liable if any of the following factors contributed to harm or injury to a resident or patient:

  • Negligent hiring
  • Understaffing
  • Inadequate training
  • Breach of statutory or regulatory obligations
  • Medication Errors

The nursing home facility can also be held liable for the acts of its employees, including actions taken in the course and scope of worker’s job responsibilities.

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