But something which is often overlooked is the mental health implications of accidents suffered at work. These can be much more serious than the burden of recovering from a physical injury.

Thomas Corr was a maintenance engineer working to repair a car panel machine. As he was bent down examining the fault, the machine suddenly picked up a car panel and swung it at his head.

Luckily, Mr Corr ducked instinctively and narrowly avoided being decapitated by the incident. However, he did receive a heavy blow to the head and had his right ear severed by the unpredictable machine.

While his ear healed in time and ceased to cause Mr Corr any pain, he began to suffer from tinnitus and severe migraines as a result of his injury.

The tinnitus and debilitating headaches began to have an effect on his mental state as he slowly succumbed to depression in the years following the accident.

Eventually, six years after the accident, unable to take it any longer, Mr Corr committed suicide by jumping from the top a multi storey car park.

The deterioration of his mental health was brought on by his accident at work, which consequently led to his death.

After a lengthy court battle, Mr Corr’s window was awarded compensation as his Mr Corr’s employer was deemed ultimately responsible for his death, despite him committing suicide so long after the incident.

The employer had admitted that Mr Corr’s depression was a reasonably forseeable consequence of the incident.

Carys is an author of several articles pertaining to No Win No Fee, Compensation Claims, Personal Injury Claims and other legal articles.

Source: http://www.articleheaven.com/article_553138_18.html

There are many benefits to mediation and qualities that make the process work, these are a few of the key ideas that allow for successful mediation.

• It is voluntary, meaning that at any time you can leave the process with or without a reason.

• It is a collaborative process, it encourages two parties to work together to come to the best agreement that will satisfy both sides.

• You have the control to approve or disapprove decisions that are being made, there is a veto party that each party has to ensure each provision is acceptable.

• Mediation is confidential to the extent that the two parties agree upon. Only with a signed and finalized mediation agreement can confidentiality statutes be laid out and enforced to potential courts.

• Informed negotiation takes place in mediation, meaning you are able to obtain and incorporate legal and expert advice.

• Mediators remain neutral, partial and balanced to avoid any coercion or intimidation.

• Mediation can be a very self responsible and satisfying, knowing that agreements can be made through this process.

Parties with a legal dispute need to locate a qualified professional to assist them in negotiating a fair resolution to their case, mediation for your legal dispute with a company such as the National Arbitration Forum is an option to help resolve existing and potential lawsuits.

Most importantly, using mediation saves money. Mediation can help people save a lot of money compared to the bills that they might rack up through litigation cases, on average mediation can allow for a cost-savings of up to 85%. (Source: “Using ADR in Supply Chain Disputes” (September 2004))

About Author

Christina Doucet is part of the National Arbitration Forum, a neutral administrator of arbitration, mediation and other forms of alternative dispute resolution (ADR) worldwide. For more information about mediation solutions visit http://www.mediation-solution.com/mediation-defined.htm.

Source: ArticleTrader.com

The federal anti-discrimination law called the Equal Employment Opportunity law covers all private employers, state and local governments, and educational institutions, which employ 15 or more individuals.

Law prohibits discrimination in the following practices:

• Hiring and firing of employees
• Compensation, assignment and classification of employees
• Transfer, promotion, layoff, or recall
• Job advertisements
• Recruitment and testing
• Use of company facilities
• Training and apprenticeship programs
• Fringe benefits
• Pay, retirement plans, disability leave
• Other employment terms and conditions

Under the law, other illegal discriminatory practices also include:

• Harassment
• Retaliation
• Employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, disability, or ethnic group
• Denial of employment opportunities to a person because of marriage or association with an individual of a particular race, religion, national origin, or an individual with a disability
• Discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.

How to File a Charge

Here are initial steps in filing a discrimination charge:

• You can file a charge by mail or in person. Contact the nearest EOC office to inquire on detailed procedure of filing a case.
• If you need an interpreter, you need to call the EOC local office to make a special accommodation.
• Consult the fact sheet about complaint processing

When filing a discrimination charge, the following information is required:

1. the complainant’s name, address and contact number
2. the name, address, and contact number of the respondent employer or agency
3. a brief description of the violations
4. the date of the alleged violations

When to File a Case

A complainant may file a lawsuit within 90 days after receiving a notice of the “right to sue” from the EEOC. The notice of the “right to sue” may be requested by the charging party 180 days from the filing of the complaint. A lawsuit must be filed within two years (three years for intentional violations) of the discriminatory act.

What Remedies Are Available When Discrimination Is Found

When discrimination is found, whether caused by intentional acts or certain employment practices, some remedies or relief are available which may include:

• back pay
• hiring
• promotion
• reinstatement
• front pay
• reasonable accommodation
• other condition or action that will restore certain privileges

Other relief may also include payment of:

• attorney’s fees
• expert witness’ fees
• court costs

Compensatory and punitive damages may also be obtainable under the enforced laws of the EOOC. When discrimination is found, compensatory damages may be available for actual monetary losses, for future monetary losses, and for mental anguish and inconvenience. If an employer acted with malice or recklessness, punitive damages may be imposed. However, punitive damages do not apply against federal, state or local governments.

Therefore, if you feel aggrieved and you believe your employment rights have been prejudiced, you can find relief by seeking the protection of the law.

You may always find refuge from our Just search our website and find the top and most favorable solutions for your employment discrimination case.

About Author

Before becoming an online writer, Manuel worked as a journalist, a newspaper columnist, a scriptwriter, a fiction writer, a magazine editor, and a tutor. He acquired his legal background as a Senate legislative officer and later on, as a researcher and paralegal staff in various law offices. Someday he hoped to go back and devote more time to writing fiction, which is his first passion.

Source: ArticleTrader.com

Disability payments from private sources, such as private pension or insurance benefits, do not affect one’s social security disability benefits.

But workers’ compensation and other public disability benefits may reduce your social security benefits. Other public disability payments that may affect your Social Security benefit are those paid by a federal, state or local government and are for disabling medical conditions that are not job-related.

Some of these are civil service disability benefits, military disability benefits, state temporary disability benefits and state or local government retirement benefits that are all based on disability.

Some public benefits do not affect or reduce your social security disability benefits.

They are:

• Veterans Administration benefits

• State and local government benefits, if Social Security taxes were deducted from your earnings

• Supplemental Security Income (SSI)

On the other hand, injured workers are also entitled to certain benefits under the workers’ compensation law. Here are the types of workers disability compensation:

• Temporary Total Disability – This benefit is payable when the injured worker is unable to work during a period when he/she is under active medical care and has not yet reached what is called “maximum medical improvement”.

In most states, compensation is paid at two-thirds of the employee’s average weekly wage, not to exceed statutory weekly maximums above which no worker is entitled to compensation. It is common worker’s temporary total disability weekly benefit to be capped by these statutory compensation limits.

• Temporary Partial Disability – A worker may be eligible for temporary partial disability compensation when he or she is able to do some work but is still recuperating from the effects of the injury, and is, thus, temporarily limited in the amount or type of work which can be performed compared to the pre-injury work.

• Permanent Partial Disability – Compensation is awarded for certain types of permanent conditions which do not cause the worker to be totally unable to work.

• Permanent Total Disability – In order to receive this type of compensation, the employee must prove that he is unable to return to work in any capacity, and that this is a permanent problem.

On the other hand, there are rulings in many states to the effect that a worker, who can perform only occasional, sporadic or undependable work, may still be deemed to be permanently totally disabled. Frequently, states’ workers compensation law permits lawyers to offer evidence of a workers age, education, training and experience in seeking to prove that the worker is incapable of substantial gainful employment.

• Disfigurement/Mutilation – A states’ workers compensation law may permit the employee to be compensated for disfigurement or scarring, frequently in the absence of any actual impairment, and sometimes in addition to actual impairment.

Disabled workers and employees are entitled to a number of benefits under the law. To know more information about how these benefits may be applicable to you as a disabled employee, you need to consult a disability compensation lawyer who is knowledgeable with these issues.

About Author

Log on to our disability compensation lawyers’ website.

Our professional lawyers and legal staff are capable of providing expert assistance in your Social Security Disability problems.

Source: ArticleTrader.com

The FLSA covers all employees engaged in interstate commerce or employed by a company that engages in or produces goods for interstate commerce. Under the FLSA, the national minimum wage is currently set at $5.85, after the latest increase from the Fair Minimum Wage Act in July 2007. This minimum wage provision is not at simple as it sounds. For example, workers who receive tips (waiters in a restaurant, for example) are held to a different wage standard – they have a minimum wage of just over $2 an hour, provided that this standard wage plus their tips averages $5.85 or higher an hour.

The second main role of the FLSA is the delineation of overtime pay rules. According to the FLSA, workers must be paid time and a half for overtime hours. In simplified form, this means that a worker who puts in 50 hours in a single work week must be paid 1.5 times his normal wage for the 10 hours over 40 that he worked. Not all employees are covered by this portion of the FLSA.

The FLSA also sets out regulations for child labor. In summary, FLSA regulations permit children 14 years and older to work, while limiting the number of hours for 14 and 15 year old youths, and requiring that enough time be allowed for attending school. A slightly different set of standards is used for farm work; in general, the age requirement is loosened for agricultural jobs, and children of any age may perform any job for unlimited hours on a farm owned and operated by their parents.

For more information on labor standards and employment law, check out the resources provided by Los Angeles employment lawyer Perry Smith at his website:

http://www.losangeles-employmentlawyer.com.

Joseph Devine

Article Source: http://EzineArticles.com/?expert=Joseph_Devine

In many instances, even if you believe it is obvious to an employee why they are being fired, it might not be as clear to them. With the exception of the most extreme cases, it is much better to inform them of your decision and explain your reasons, rather than simply having them presented with a notice of termination. In most cases, you can be both firm and kind when you are letting an employee know that they are being terminated.

In instances where you are terminating a person’s employment due to some type of illegal activity on their part, it is a good idea to inform them if you plan to take legal action. For example, if they have stolen something from your company, it is wise to terminate their employment as soon as you possibly can.

If you are in the position of needing to terminate a person from their job when they have not been at any fault, a frank discussion should be in order. For example, if your company needs to downsize by lowering its number of employees, they should not be in the position of feeling as if they did something wrong. In other cases, such as if they have been unable or unwilling to perform their job to meet your reasonable expectations; these facts should be made clear to them. It may have a significant impact on whether or not they will attempt to secure similar employment with another company; and it can also have a very strong effect on whether or not they are successful at doing so. If their work has not been up to par, it is in their best interests as well as yours to let them know the facts.

Sometimes it is necessary to terminate an employee due to extreme friction in the workplace. If the employee is constantly having personality-clashes with your other workers, it can make the workplace very uncomfortable for everyone concerned, as well as lowering other employees’ ability to conduct their own jobs properly. If you have tried to resolve this type of difficulty with your employee and have not been successful, terminating them may be the only reasonable solution.

Regardless of the circumstances surrounding your employee’s termination, it is necessary to be fair in letting them know the reason they are being fired or let go. Losing a job is stressful, under any circumstances; a bit of respect and consideration can make it easier for everyone concerned.

Ted L. Moss, CPP is the President and CEO of Crimcheck.com, one of the nation’s leading pre-employment screening providers. Mr. Moss is an expert on matters of pre-employment screening, identity theft, Fair Credit Reporting Act compliance, and safe hiring practices. Additionally, Mr. Moss is a Regional Vice President for ASIS International, the preeminent organization for security professionals and a member of NAPBS and SHRM. Please visit http://www.crimcheck.com or http://www.tedlmoss.com for more information.

Article Source: http://EzineArticles.com/?expert=Todd_Moss

It is the responsibility of your employer to ensure that the workplace is safe and free from hazards. It is also the responsibility of your employer to ensure that employees have received the correct amount of training; however as an employee if you feel that you haven’t received sufficient training for the job that you are doing or if any of the equipment that you are using is faulty/worn you must report it to your employer straight away so that the necessary action can be taken to improve the safety of the workplace.

If the worst does happen and an accident does happen in the workplace then your employer has a legal obligation to report certain accidents and incidents. Your employer must report serious work-related accidents, diseases and dangerous incidents to the Incident Contact Centre of the Health and Safety Executive (HSE), or in Northern Ireland the Health and Safety Executive for Northern Ireland (HSENI).

It is essential that your employer reports the following:

• Death

• Major injuries (for example, a broken arm or ribs)

• Dangerous incidents (for example, the collapse of scaffolding, people overcome by gas)

• Any other injury that stops an employee from doing their normal work for more than three days

• Disease

As well as reporting any serious accidents or incidents you employer must also provide the company with an accident book, which is required by law if a business has more than ten employees. If however there is no accident book and no one has made a note of the incident then it is important that you advise your employer to put what happened into writing, detailing the full circumstances of the accident and the injuries that were sustained.

In order to reduce the amount of accidents that are caused due to incorrect safety procedures it is important that all employers are provided with the correct safety wear such as goggles, hard hats, ear defenders, dust masks, safety gloves, safety boots or high-visibility jackets as well as being shown how to lift heavy objects in a safe way.

If you have had an accident at work it is important that you get any injuries checked by a health professional and that you record details of your injuries to your employer.

Helen is the web master of Accident Consult, specialists in all aspects of Workplace Accidents.

Article Source: http://EzineArticles.com/?expert=Helen_Cox

Indeed the FSA has just recently been given a dossier of evidence against unscrupulous insurers by Trade unions and claimant lawyers. Their concern regards the behavior of said insurers who deal directly with accident victims and the allegations that they are putting pressure on victims to waive their right to compensation or to settle claims for a lesser amount that they actually should.

This pressure and behavior is known in the industry as ‘third-party capture’ whereby insurers try to settle the claims of injured people before they had the chance to take independent legal advice. The trade union, Unite, included a case in the dossier where where insurance company Zurich offered £4,000 in ‘full and final settlement’, only for the case to be settled last November for £35,000.

Also in the dossier are findings by The Association of Personal Injury Lawyers’ (Apil) and amongst their more worrying cases is one in particular- where a claim on behalf of bereaved parents who lost their three children in a road traffic accident was settled last year for £60,00 but was originally offered to be settled by Quinn Direct for £21,000.

Unite and Apil are but only two companies that have expressed concern in the dossier about insurance company representatives’ cold-calling ‘third-party’ victims after an accident. In some cases, the representatives go a step further and even visit an accident victim’s house in the aftermath of a car crash. Insurance companies however will rebut the allegations by claiming that their services are designed to be proactive which would mean getting in contact with potential claimants as soon as possible after an accident. Clearly however, going one step beyond and urging settlement as soon as possible without thorough legal advice is unacceptable.

In light of the dossier, the FSA will have to decide if accident victims are truly losing out and the evidence seems to suggest that they are. Unite in particular has provided cases where victims do not know the true value of the claims and that they are being told they do not have a good case when in fact they do.

The entire investigation may prove to be a vicious circle with the insurance industry raising its hands to practicing ‘third-party capture’ on a frequent basis, but only as part of a logical business model. In their defense, the pro-active response is simply a way to address escalating costs of processing claims. They are in effect bypassing the expensive intermediary-the lawyer.

Saurav is an author of several articles pertaining to No Win No Fee, Compensation Claims, Personal Injury Claims and other legal articles.

Article Source: http://EzineArticles.com/?expert=Saurav_Dutt