Employment And Disability Claims

A disability claim refers to the request you can make for income assistance filed with the Social Security Administration. This is usually filed when a person believes that a case of physical or mental disability leads to his or her inability to find a job or live a normal life. This is also referred to as employment & disability claims in various quarters.

It's possible to file a disability claim depending on your financial and medical history. There are normally 5 stages involved in the filing process. It begins with the initial reconsideration stage and then proceeds to the hearing and later on to appeals council hearing and the federal district court appeal. The initial reconsideration involves the filing out of an SSI or SSDI application for the claim. However, this application can be approved or denied by the Social Security claims representative within a space of 3 to 5 months.

Now, if it happens that your disability claim is denied, you still have up to 60 days to file for reconsideration. You don't need to take the denial personal since almost over 60% of disability claims are usually denied. You can always do something about the denied claim.

A number of reasons can lead to the denial. It may be because that the claim is not legitimate or because you filled wrong details in the application form. You can file for reconsideration in order to correct the errors if you discover that's the reason for the denial. While re-filing the claim, you need to present better information in the details you give. You can add additional documents and medical records to support the claim.

Normally, your request for reconsideration can take up to 2 weeks to 6 months before it can be approved. It all depends on how many pending cases, the Social Security Administration is handling as at the time you filed the claim again. It also depends on the quality of the new details you're presenting. You have to make sure you find out the actual reason why the claim was denied. You can make proper inquiries from experts in the field. You have up to 60 days to file for the claim again; otherwise the case will be thrown out.

Meanwhile, if your request for reconsideration is also denied, you can then proceed to the next appeal. When you do this, your case will be brought before an appeal judge. You'll stand in front of the judge while your case is argued verbally. In order to succeed in this, you need to engage the services of a disability lawyer to help you out. If for any reason your disability claim is denied at this level, you can take it to the Social Security Administration Appeals Council. If it's denied again, you have to proceed to the Federal District Court. You may win the case at this stage. However, if the claim is denied at this final stage, you have to forget about it. The most important thing is for you never to lose hope. You have to fight for the disability claim to the last point. In order to win the case, always make sure you have enough evidence to support your claim.

Toronto Lawyers Lecker & Associates can help you get your disability benefit claim or disability insurance case.

Workers Comp Lawyers

Workers comp cases are trickier than most others. Every commercial and industrial business that has more than three employees must have workers compensation insurance. That system is covered by the Industrial Commission. That is a state agency that makes sure everyone is playing by the rules. That means you may be entitled to your benefits from your workers compensation if you are injured on the job. It must be proven before you get to actually have the benefits. There is a process you must go through.

When injured on the job, you must tell your boss by giving him a written notice. The notice should be written within 30 days, but you have two years to actually file it. After the two years is over, so is your ability to file the claim.

Generally, when an employee is injured on the job, workers compensation is the only way to fix it. That is because in rare occasions injured employees are not entitled to any other avenues of compensation. It is easy to get workers comp because whether it is the employers fault or employees fault lawyers will most times get the employee compensated. It really doesn't matter who it is that is at fault. A worker being hurt on the job is serious whether it's negligence from the employee or employer. Employers used to even be covered by contributory negligence which blocks liability. When the worker wins, he receives paid medical bills from the insurance company which also includes prescriptions. The insurance company can contact the medical providers you are already seeing although you may put in a request for change.

The worker will receive disability benefits from the insurance company. Disability payments are two thirds of the employees gross weekly wage. Workers comp payments are also non taxable. If it is more than a seven day period then the insurance company will start paying per day every day until the employee is back to work as long as they have a written note from their doctor saying they can't work. The worker will not get the payment of the first seven days until 21 days have passed without going back to work. Permanent partial disability will kick in if a worker is permanently disabled. Only then is the worker entitled to lifetime benefits including medical expenses and disability payments. Workers compensation although will get you a fraction of your pay, does not work the same as other injury claims. You will not receive pain and suffering.

Basic Tenets of Construction Law

If you have planned to build a home, for yourself or as an investment property, you are likely more concerned about finding a reputable contractor and crew than worrying about whether or not you need a lawyer. In truth, there are concerns in construction that may require the guidance of a lawyer who concentrates in this practice. As implied, construction law deals with matters relevant to the construction of homes and commercial properties. It's good to know the basics if ever a project of yours comes under scrutiny.

Here follows some of the things a construction lawyer does.

    * Contracts - A lawyer with a concentration in construction law can help with the negotiation of a contract for the land on which the home or building in placed. If you have concerns about the ownership of the land under your building, you may need such legal assistance.

    * Builders' liens - When a contractor, subcontractor, or workers on a particular project claims a lien, he/she is basically claiming payment for a job - typically a renovation. The person or entity that holds the title to the property is then responsible for paying the claim. If there are disputes involving a builders' lien, you may wish to contact a construction lawyer for assistance.

    * On-site personal injury - While one can find a number of lawyers who concentrate in personal injury practice, construction lawyers do provide assistance in cases where injury happens on a construction site or during a building repair or renovation. Because these situations may differ from other situations like car accidents, you may wish to retain the services of a lawyer with experience in construction law.

    * Insurance claims - Construction lawyers also provide counsel in some insurance cases. If your property is damaged following a fire or storm or theft, and there are issues with the insurance claim, an attorney with a concentration in construction law may be able to help you.

Do you need a somebody with experience in construction law to assist you as you build up your residential or commercial property? You may not need somebody onsite every day, but it is a good idea to have a name and number handy in the event you foresee any type of legal dispute that concerns your building. Whether you have a disagreement over land ownership or with the contractor in charge of your product, having good representation can make the process happen more quickly.

Kathryn Lively is a freelance writer specializing in articles on Camden law firms and Moyock law firms.

Common Workplace Injuries

Many individuals spend more than one-third of their adult lives on the job. For this reason, injuries are bound to happen at the workplace. Fortunately, most employees are covered under their employer's workers' compensation insurance in the event that they are injured during the course of their work.

The workers' compensation system is a no-fault system, meaning that the employee is covered regardless of who is at fault. The workplace can be a very dangerous environment, especially in certain hazardous occupations. Because certain occupations are more hazardous than others, there are common injuries that arise that are associated with their corresponding jobs.

Some of the most common events that result in a workplace injury for both men and women combined include: falling from a lower level, being struck by an object, falling and overexertion. Because men are more likely to be involved in the more hazardous occupations, they are more susceptible to the above situations whereas women are more likely to suffer from a repetitive motion injury, an assault by a violent individual, overexertion and falling.

One of the most common worksite injuries involves an injury to the back. Nearly one-third of all workplace injuries result in musculoskeletal disorders which are often the result of lifting. The U.S. Department of Labor defines MSD as an injury or disorder of the muscles, nerves, tendons, joints, cartilage or spinal discs. These types of injuries result in longer absences than any other type of on-the-job injuries. Back injuries can result in substantial pain and they can make every day, simple movements excruciatingly painful. Anybody can suffer from a lifting injury; however, people in the nursing, manufacturing, transportation and shipping industries are at a higher risk for these types of injuries.

Often times back injuries can be treated with conservative methods such as medication and physical therapy; however, surgery is sometimes required when these types of treatments are unsuccessful. Other common worksite injuries include: tendonitis, stress fractures, carpal tunnel syndrome, traumatic brain injury (from falls, being struck by an object or auto accidents), toxic mold, shoulder and knee injuries and many more.

If you are injured on the job, make sure that you get help immediately. If the injury appears very serious, insist on an ambulance and immediate medical care. Inform the medical provider that your injury was sustained at work - they will need this information for billing.

Be sure to identify any witnesses to the accident. Get their names, addresses and phone numbers. Report the accident as soon as possible to your supervisor or manager in writing and keep a copy for your records.

Obtain all the information on your employer's workers' compensation insurer. Then contact an experienced workers' compensation attorney right away. Your lawyer should be well versed in Missouri workers' compensation laws. They will be able to protect your legal rights throughout the entire process and make sure that you receive the level of benefits that are owed to you. If you were injured at work, contact a workers' compensation attorney without delay!

The Floyd Law Firm, P.C. has been fighting for workers rights in St. Louis, Missouri since 1959. Their St. Louis workers' compensation attorneys have successfully assisted families who were afflicted with worksite injuries for more than half a decade. Their successful track record has earned them the highest level of respect in the legal community. If you are looking for outstanding representation, they are the ones to provide you with the highest standard of care and representation when handling your workers' compensation claim. Let them take the hassle and worry out of the claims process for you; contact a St. Louis comp attorney from the firm by calling (888) 883-7906.

Different Paralegal Degrees

Obtaining a paralegal degree has a lot of great rewards. Paralegals, otherwise known as legal assistants, are the lawyer's best friend. Paralegals assist lawyers in the many tasks that they do such as providing legal advice and determining the fees for legal services. The lawyer works closely with the paralegal because the paralegal helps the lawyer prepare for trials, meetings, hearings, and other legal meetings. The paralegal assists the lawyer in obtaining the necessary information and evaluating them soundly. The rigorously technical tasks of the paralegal require extensive knowledge of legal know-how. That's why this type of degree is really important for those that want to embark on a career as a paralegal.

An aspiring paralegal should know that there are different paralegal degree programs available out there. Whatever you choose depends on certain things like work experience, interests, highest level of education, and the kind of training that you want. The most common type of these degrees is the Associates degree in paralegal studies. This type of degree can be completed in 2 years, given that the student devotes full-time to the program. The Associate degree is available mostly in business or vocational schools as well as community colleges. Associate degrees require students to study legal content and general education. Associate degrees touch up on the liberal arts to ensure that the student emerges from the degree as a well-rounded paralegal. This is the most popular type of degree because most employers consider this the suitable type of educational background, even for fresh high school graduates.

However, there are some who want to pursue a 4-year paralegal degree. A 4-year bachelor's degree is not commonly available but there is quite a handful of paralegals that have completed a Bachelor's degree before becoming a paralegal. Even if employers are happy with an Associate degree, an employee with a 4-year paralegal degree will definitely catch the attention of prospective employers. A 4-year paralegal degree includes a paralegal training or an on-the-job training so that the students will increase their chances of finding good employment and a possible promotion. Some paralegals with an associate's paralegal degree transfer credits so they can pursue a bachelor's degree while working

Thanks to the Internet, it's even possible to purse a paralegal degree without going to school physically. Online paralegal programs only require a computer and Internet connections. The student is provided with online modules and interactive lessons. You may think that an online degree is insufficient for getting good job opportunities. In reality, employers have so much respect for people who complete their online paralegal program successfully because they can balance their education with work, family, and other personal and societal obligations.

What is the right paralegal degree for you? This is a question that can be only answered by you. It helps to consult the faculty or a mentor who can answer all your questions regarding the curriculum. If you want to work full-time, you can choose an online degree. You can also work part-time and get an Associate's degree or Bachelor's degree. As long as you successfully manage your time and complete your degree, that's all that matters.

Times are tough!
If you are looking for a new career and wanting to find out more about Paralegal Degrees click on the link or go to our website about Paralegal Degree information.

Using an Employment Tribunal

An employment tribunal is a term used in Britain and Wales which consists of three members who sit in judgment in the tribunal when there is a dispute between employers and employees of companies based in Britain and Wales. There is also an Employment Tribunal in Scotland but it adheres to much different rules then the one that operates in Britain and Wales and the two different entities don't cross over. The initial employment tribunal in Britain and Wales was established with the creation of the Industrial Training Act 1964. Then in 1998 the name was changed by the Employment Rights Act 1998. The new name is Employment Tribunals which is in existence today.

The tribunal is intended to be a forum that allows the fair hearing of disputes between employers and employees. The complaints may be brought to the tribunal by either the employer or by employees. The tribunals are held in offices in permanent locations throughout the country. These tribunals are statutory jurisdictions which operate by specific dictates and rules and laws. In England and Wales these disputes are often related to unfair dismissal, redundancy pay or employee discrimination which can cover a vast area of discriminatory practices.

In the US this would generally be heard by a state employment dispute board such as the California State Employment Board which is based within the state government. There are also Federal boards where employees can bring their disputes. Of course if the company is a union shop any disputes would flow through that specific trade union. In the US this is often about pay issues. If the complaint is about unsafe work areas the complainant would address one of the OSHA offices which concerns itself with work place safety. In the State of California or the Federal agency the complainant would send a letter addressing their complaint. The employer may not even be informed of the letter and the letter doesn't have to be on an official form and certainly doesn't have to comply with specific time frames initially. The respective agency will perform an initial investigation then may appear in person at the company offices or send a letter directing the employer to send in documentation and so forth and then they get notice of a hearing which in the case of California would be heard by an administrative judge.

In Britain and Wales the initial complaint must be on a Valid Claim Form and must comply with very rigid and specific time frames as does the entire documentation process. This can be delivered in person or by email. If the Valid Claim Form is not received in a timely manner the entire case may be dismissed without any sort of prehearing so timeliness is essential to the process. After a review the defendant such as the employer, will receive a Response Form which must be returned within 28 days of being sent the form. The entire process is regulated by the Administrative Justice and Tribunals Council and administered by Tribunals Service.

Using an Employment Tribunal. For more details visit http://www.employmenttribunal.co

Psychological Harassment in the Workplace

Psychological harassment in the workplace implies manipulative actions by the perpetrator to cause stress through excessive use of fear & control to wear out the victim and induce inability to function leading to withdrawal from work and being deprived of the means for the victim's sustenance. As an invisible attack it is a potent mental weapon that affects the psyche and harms the body from sleep and food deprivation and total disorientation causing health disorders and even brain dysfunction.

The objective

The usual objective of such psychological harassment is usually exercising mental control to compel the victim to act according to the offender's purpose over the victim's own capacity to emote, reason and act according to his own wish and thinking, thus virtually enslaving the sufferer. It can be for a specific time & objective after which, through a process called gas-lighting, the feeding of false information to the victim to make it appear that what was happening all the while was not real, making the victim doubt his or her own memory, sanity and perception - the perpetrator withdraws his offense.

In this kind of harassment, unlike others, sometimes even a single instance of such mental domination can constitute legal cause of action because this kind of harassment can cause permanent harm and disability to the victim.

The identification of offenses

· Vexatious behavior directed at the victim to reduce or remove self-esteem and ability to continue to work.
· Repetitive and unwarranted abuse in private and before colleagues.
· Humiliating commands & hostile gestures meant to frighten the victim to submission without the ability for refusal.
· Raising demands affecting the victim's dignity or integrity.

In one form for another, domination in organizational hierarchies are universal where seniors in authority cause some amount of mental pressure to be exerted upon juniors for extracting maximum outputs for corporate gain. But that is not in the realm of psychological harassment because the obvious objective is not for personal gain. It is only when there is incidence of harassment of a recurring character for a personal agenda that such behavior becomes malafide.

Employer's obligations

In small businesses the employer is supposed to provide a psychologically stress-free environment but cannot guarantee the same. However he is obliged to prevent any situation of psychological harassment arising among his employees through reasonable means and ensure that in such an event he will intervene and stop such incidents as soon as he is made aware. In large organizations the company may be held responsible for the harmful behavior of any of its employees and adoption of suitable management practices that prevent psychological harassment are mandatory. The company therefore informs all personnel of its commitment to prevent and stop all psychological harassment at work.

Conclusion

However, if it is the small business owner himself or the corporate management itself, who is the source of the harassment, seek outside help, or another employer.

Stephen Hamond has been associated with the stephenhammond.ca for the past few years. He has authored a number of articles on psychological harassment, workplace harassment and other harassment resources. He is an expert in the field of human rights harassment.