Many people get nervous about filing for workers’ compensation because they are afraid that their employer will terminate them in retaliation. Fortunately, employees have an option in those circumstances. New York workers’ compensation laws forbids any employer from interfering with an employee’s ability to file for workers’ compensation or discriminating against them as a result of filing a claim. Fired employees have a right to bring a lawsuit for retaliatory discharge if they can show that the firing was motivated by the filing of the workers’ compensation claim. A workers comp lawyer can help.

Retaliatory Discharge

Retaliatory discharge claims are a legal tool that wrongfully-terminated employees can use to receive things like back pay and reinstatement to their old positions. In order to prevail on a retaliatory discharge claim for workers’ compensation, the employee must prove three things. First, they must show that they were an employee before the injury. Although the worker was clearly employed prior to the injury, they were not necessarily an employee, which is a special legal term. The test for whether a worker was an employee revolves around the amount of control and supervision that the employer exercised over the worker. The more control, the more likely someone is to be counted as an employee.

After showing that they are an employee, they must then demonstrate that they actually exercised some right that the law provides. If they can do that, then they must show that their exercising that right was the “proximate cause” of their being fired, meaning that it was “a cause that, in the natural or ordinary course of events,” led to the termination. This is often the most difficult part of the case.

Proving the Employer’s Motive

Proving the employer’s motive for the termination can be the trickiest part of a retaliatory discharge claim because it represents an exception from ordinary law. Usually, the law creates an “at-will” employment situation, meaning that an employer can terminate an employee for any reason. However, there are a few reasons that are improper, such as racial discrimination or retaliation for a workers’ compensation claim. The difficult part is proving that that was the reason for the termination.

An employer will likely raise some other reason, such as bad work ethic, absenteeism, or some other pretext for the termination. However, courts have found that the existence of another reason for the termination is not necessarily enough to shield the employer, if the workers’ compensation claim was also a cause that naturally led to the termination.

On-the-job accidents can lead to serious injuries, and people should not be afraid to seek the benefits they are entitled to under the law. Injured workers should contact a skilled workers comp lawyer for legal help.

Thank you to our friends and contributors at Hurwitz, Whitcher & Molloy, LLP for their insight into how a workers comp lawyer can help.

Drunk Driving Accident Lawyer

Definition of Implied Consent

In Georgia, implied consent is an essential part of almost every DUI arrest, and it is enforced by nearly all local law enforcement agencies. In spite of this, students in high schools and colleges have never been taught what implied consent means, either. There is an obscure law that has been in place for more than 70 years in some states, but it has only been in use for about 60 years in Georgia.

As a drunk driving accident lawyer from The Lynch Law Group explains, a law that refers to implied consent will inform you that you have a legal “obligation” to submit to incriminatory testing as a requirement of Georgia law. A state officer has already arrested you, and the officer wants to collect evidence in order to be able to suspend your driving privileges in the future. It is significant to note that the implied consent notice does not explicitly state that if the results of the test are used in a criminal prosecution, then you can be found guilty.

When Is the Implied Consent Georgia Notice Read, After a DUI Arrest?

In general, the implied consent law in Georgia is supposed to be read to an arrested person as soon as possible after they are taken into custody. In other states, such as North Carolina, the implied consent law wording isn’t read until you are in jail, so that you are able to read it yourself, rather than just hearing it being read to you.

Can I Decline to Take the Implied Consent Georgia Test?

Due to the fact that this implied consent law advice is given to you after you have been arrested for driving under the influence, which is considered a “less safe” offense, many people who are facing their first offense with alcohol are inclined to say, “no.” This is mainly due to a combination of underlying issues and an element of uncertainty.

In their minds, they may feel fear of the unknown, worry about being cuffed, be concerned about going to jail, have fear of needles, not understand the poorly-worded advice given by a police officer, and wonder why they were arrested when they assumed they had cooperated and done what was asked of them.

Can I Talk to a DUI Lawyer in GA Before Taking Implied Consent?

When people are arrested for DUI in Georgia, they often immediately ask to speak with a DUI lawyer, but the officer who arrested them informs them that they are not allowed to do so.

The Georgia Supreme Court has ruled that when someone is arrested for DUI-DWI, they will be told where and when they can contact a drunk driving attorney, while in other states (e.g., NC), they will not be told where or when they will be able to contact a drunk driving attorney. Until the person has incriminated himself or herself, either by submitting to the implied consent test or refusing it, legal counsel cannot be contacted in Georgia. If you refuse to submit to a DUI test, you may be subject to a suspension of your license, and your refusal can be used as evidence against you in a DUI criminal case.

Personal Injury Lawyer

Many people think that slip and fall accidents happen only in the wintertime. However, just because there isn’t snow or ice on the ground, doesn’t mean that you can’t suffer this type of accident. If the accident resulted from someone else’s negligence, you may be entitled to compensation. Here are a few common causes of slip and fall accidents in the summer.

Swimming Pools

When temperatures are scorching hot, nothing feels better than stepping into a swimming pool. However, some people suffer slip and fall accidents when they’re at swimming pools. The ground around these pools can be very wet and slick, so you have to be extra careful. Make sure to walk extra slowly around a swimming pool so that you don’t suffer this type of accident.

Sprinkler Systems

Sprinkler systems can help maintain a green lawn and even provide entertainment for children in the summertime. However, these sprinkler systems can also make the sidewalks extra wet. When you’re walking near sprinkler systems, take your time so that you don’t slip and fall.

Boats

There are few things more fun than hanging out on a boat on a hot, summer day. However, boats also have wet surfaces, which can increase the risk of a slip and fall accident. Features, like non-slip floors and hand rails can reduce the likelihood of these accidents. It’s also important to walk slowly in a boat to avoid falling.

Hiking Rails

Summer presents a great time to hit local hiking trails. You can enjoy the beautiful nature and get exercise at the same time. However, these trails can also increase the risk of slip and fall accidents, especially after a big rainstorm. Wear sturdy, slip-resistant shoes and always be aware of your surroundings to avoid slip and fall accidents.

Obtaining Compensation for a Slip and Fall Accident

If you were hurt in a slip and fall accident that was caused by someone else’s negligence, you may be entitled to compensation. It is important to consult a personal injury lawyer, like one from Disparti Law Group, about your case as soon as possible. A lawyer can review the details of your case and determine if you have a good chance of recovering compensation or not. Don’t forget to bring any evidence, such as medical records or photos of the accident scene, to your initial consultation. 

Personal Injury Lawyer

Drunk driving cases in Florida are particularly complex. Generally, the intoxicated driver is held responsible for the accident. But, you could also file a third-party claim case against other individuals. In certain circumstances, a business such as a bar or a restaurant can be held responsible for injuries stemming from the accident.

So, for instance, a police officer who lets an intoxicated driver continue driving can be held liable for the accident. Similarly, under certain circumstances, the law might place a legal duty and liability on alcohol vendors to protect victims of a drunk driver who became intoxicated at the establishment.

Partnering with a competent and knowledgeable personal injury lawyer can help establish who is at fault and what rights you have in your particular situation. 

What Should You Do After The Accident? 

If you are hit by a drunk driver, make sure you stay on-site, check for your injuries, call for medical help, inform the police, and gather evidence. Collecting accident evidence and eyewitness information can help you greatly if you decide to hire a car accident lawyer in the future. 

What Are The Damages You May Be Compensated For?

Often, the wounds victims sustain include bruises, sprains, broken bones, spinal injuries, and traumatic brain injuries. If you and your auto accident lawyer can prove that the other driver was intoxicated at the time of the accident and the mishap occurred due to their negligence, you should be able to recover both economic and non-economic compensation.

The damages can include past and future medical expenses, lost wages, property damage, physical pain, mental suffering, out-of-pocket costs, and wrongful death. It is crucial to seek legal representation as soon as you can following the drunk driving car crash, as your personal injury lawyer would also need time to investigate the case and move forward quickly. 

When Should You File A Case?

Florida drunk driving accident victims have only four years from the date of the accident to file a personal injury case. In case of a wrongful death claim, the loved ones have two years to file a lawsuit. Regardless of your situation, an experienced car accident lawyer can help you maximize your recovery.  

Contact Our Personal Injury Lawyer Today for Better Assistance  

Drunk driving accident victims face a tough time navigating the law. It can be both scary and overwhelming. But you are not alone. We can help. 

At Jeff Murphy Law, our personal injury lawyers have over 30 years of experience supporting drunk driving victims throughout Florida, and we can assist you too. Schedule your free consultation with our personal injury lawyers today, and we will help you win your case and recover the compensation you deserve. 

Divorce Lawyer

A divorce is difficult on everyone involved, especially children. They may not completely understand what’s happening and feel scared and overwhelmed. If you’re currently in the middle of a divorce, you may worry about how your kids will cope. Here are a few different ways to help your kids through a divorce.

Consider Your Children’s Ages

How you tell your children about your divorce will depend on their ages. Younger children won’t be able to grasp the complexities of divorce while older children may be able to understand more. Although you don’t have to tell them every intimate detail about your divorce, you should tell your children enough information to help them understand the situation.

Let Your Children Know That They Aren’t to Blame

Many children blame themselves for their parents’ divorce. They might believe if they behaved better, their parents would still be together. That’s why it is important for you to explain to your kids that they are not to blame for your divorce. Tell them that you and your spouse don’t get along anymore and they don’t have anything to do with that.

Remain Civil with the Other Parent

While you may be angry with your spouse, you don’t want to let your children see you constantly fight with him or her. This can increase their emotional distress. Instead, try to remain as cordial as you can with the other parent. Likewise, you should never badmouth the other parent in front of your kids.

Encourage Your Children to Express Their Emotions

The last thing you want is for your children to keep their emotions bottled up. Encourage your kids to talk about how they’re feeling and ask you questions. If your children know that you welcome communication, they may feel more comfortable talking to you about their feelings.

Consider Therapy

Some children may not feel comfortable sharing their feelings about a divorce because they’re afraid of upsetting one or both parents. If this is the case, you may want to have your children talk to a mental health therapist. Everything your children say to the therapist will remain confidential. A therapist will help your kids come to terms with their feelings and teach them healthy coping mechanisms. 

If you plan to get a divorce, you may want to speak with a divorce lawyer, like one from May Law, LLP

Brain Bleed Lawyer

Over 1.5 million people in the United States suffer from traumatic brain injuries a year, and usually have long-lasting injuries or disabilities from these brain injuries. Over 5.3 million people in the United States live with traumatic brain injuries, and that number is steadily going up every year.

Often times tthese injuries have hospitalizations attached to them, long-term disabilities, long-term care, and sometimes they result in death. If you’ve been the victim of a brain bleed injury, reach out to a brain bleed lawyer in New Jersey today such as the ones available at Davis and Brusca LLC.

The Injuries Are More Severe Than You Anticipated

Even the most mild traumatic injury such as a concussion can have life altering impact on the victims and that is why it is so important that it you are the recipient of any kind of neglect that leads to a mild concussion upwards, that you seek medical help to monitor your concussion and ensure it does not get worse. Any kind of brain injury or knock to the head can cause brain bleed which can get worse or they can get better, it simply depends on the bleed itself.

When doctors look at you after you have received an injury to your head, they are going to look for things such as did you lose consciousness, can you respond to sounds, is your memory recall okay in both short-term and long-term capability, can you process new information, is there bleeding and swelling?

And even if you do not have any life-threatening symptoms, you could still be limited on your ability to return to your preinjury state because damage that was caused by a traumatic brain injury or brain bleed can call something called micro trauma and micro traumas can cause symptoms that do not show up on diagnostic tests but still impact you long-term.

Micro Trauma Could Cause

• Michael trauma can cause mood swings
• Personality changes
• Blurred vision
• Headaches
• Depression
• Anxiety
• Problems concentrating and remembering things
• Fatigue
• Sleeping problems
• Balance issues
• Light and sound sensitivity
• Loss of smell
• Slurred speech
• Numbness of examinees
• Inability to walk

Many of the symptoms do not show up on diagnostic test which means that insurance companies can deny claims or even underestimate the severity of the symptoms because these are not considered to be part of the medical testing for your injury and therefore the insurance claim may reject anything to do with that injury.

Reach out to brain bleed a lawyer today if you have any questions about your claims, your brain bleeds.

A brain bleed lawyer is going to be able to help you make decisions that are going to be in your best interest, they are going to make sure your rights are protected and make sure that you are not agreeing to something that would not be inadequate for the damages that you have undergone.