Legal Issues Surround Repetitive Stress Injuries in the Workplace

If you are a strenuous worker, you must be aware of workplace injuries. From minor and repetitive movements serious workplace injuries get developed. And this is called repetitive stress injury. It can make you feel excessive pain and incapable of doing routine tasks and simple works of daily life.

ergonomic workstation

This ridiculous ergonomic workstation is not something you need to do, but some focus on better mouse, keyboard and chair is.

Do you know what activities increase the possibility of repetitive stress injury? Let me tell you.

  • People who work on computer and make the same finger and hand movement with keyboard for long time tend to suffer from repetitive stress injury. The common problems are carpal tunnel syndrome (swelling of the wrist’s tissues), bursitis ( the bones’ cushions swelling), tendonitis (tears in the tissues joining muscles and bones) etc.
  • Repeated lifting or using heavy tools in construction or manufacturing industries can cause injury.
  • People who work in front of conveyor belt in any retail industry are in serious danger too. They lift, turn and pull numerous items per shift to scan the barcodes, and this can cause repetitive stress injury.
  • Butchers who cut and pack meat everyday, drivers who are into delivery assistance and passenger transport, musicians, mechanics also can suffer from stress injury. Their daily jobs are involved with repetitive moments of arms, fingers and hands.

Do not feel worried. Repetitive stress injuries can be recovered. Though the primary symptoms of such injury is a bit difficult to detect, the minute you realize the symptoms just inform your employer. There are some legal issues surround repetitive stress injuries in the workplace. Know these and get compensation benefits from your workplace.

Let’s have a look on how to get compensation benefits for repetitive stress injury.

Never think only for some particular incidents like accident, slip and fall injury etc. you will get the workers’ compensation. If you are suffering from repetitive stress injury, you are totally eligible for claiming the compensation. But to do this process, adhering all the legal guidelines, you need to consult a lawyer first. You need to prove that your injury happened while working. If you can prove, then you will be eligible to get compensation for all the medical costs, lost wages and more. Even when you start working again after treatment, you can be compensated for additional required medical expenses.

Hope, you’re feeling less worried after knowing about the workers’ compensation. But whatever the circumstance is, firstly you should try not to put yourself in the position of suffering from repetitive stress injury. Such injury leaves you with pain, discomfort and inability to work again. You can face some more serious injury from this as well.

The key ways to prevent repetitive stress injury are as mentioned below:

  1. Make sure the workplace is comfortably designed and suitable to spend maximum hours of your day. Always maintain a proper posture. Use advanced tools that can reduce the risks of repetitive stress injury.
  2. Know the proper technique to use the tools. Don’t strain your arm, wrist and fingers.
  3. Take proper rest. Take short breaks between work and do some stretching or freehand exercises to maintain the flexibility of your body.

Stay safe to prevent injury. A fit body and mind can help you work for a long time with the same efficiency.

What’s the Deal with Bailbonds? How do they work?

While I haven’t done a ton of criminal law in my career, I have some experience, and in that experience I’ve come to learn that knowing about bail bonds is essential. It is not something you would like to experience but it is something you must know because life is uncertain. You may be required to help a friend or a relative in need if they get arrested by the police. Law enforcement agencies arrest people on the basis of suspicion of a crime. The suspect is held by them until released on bail or until the end of their trial.

During the time the suspect is in custody, he is interrogated and made to record a statement, fingerprints, may be taken as part of the screening process and the suspect is now considered booked. It is tough to spend the time in custody until the end of the proceedings in a court of law so the law provides the defendants an option to get a bail and come to court trials without having to stay in remand.

How do they work?

When the bail is paid for the suspect, two things can happen

1. The money is held by the court until the end of the trail to make sure the suspect appears in each trial until the conclusion of the proceedings.

2. The suspect is released on bail, but it is still obligatory for him to attend the court trials.

The Bail Bondsman

Some people cannot pay the bail amount as it is pretty high. The right thing to do for the defendant or someone who acts on his behalf is to contact a bail bondsman.  There are different rules for different states and localities, I personally have some experience with Cobb County bail bonds as well as counties throughout North Carolina.

Roles of the Bail Bondsman:

  • The Bail bondsman takes the responsibility of the defendant until the end of the proceedings of the court. The defendant hereby pays only a small percentage of the bail money (10%) also known as premium and gets the bail.
  • The Bail Bondsman is now responsible and accountable to the court for the defendant to appear in all the trails and follow the court rules and regulations.
  • The Bailbondsman is backed by an insurance company who pledges to pay the full amount to court if the defendant doesn’t appear on any trial.
  • They may sometimes ask for a collateral in the form of a guarantee. This can be any big asset the defendant owns.
  • This professional also assists the defendant in every way because they get funded from the court after the conclusion of the proceedings. Therefore, they have their own interest in getting the defendent to court for every trial.

So, basically there are two types of bails: The Cash bail and The Bail Bondsman services.

Setting up the Bail Amount

The county bail boards at the state courts set the bail amount. You can see the bail amounts published early for public and law enforcement agencies in the newspapers and over the internet. The bail amounts are revised every year. They also greatly depend on the type and the intensity of the crime.

Bailable and Non-Bailable Offense

If the criminal offense is very grave, the bail may be denied by the court and the court may prefer to keep the suspect in jail until the end of the proceedings, considering him/her a threat to the public. One can always hire a criminal lawyer in that case; using credible sources can increase the chances of getting a bail when it seems impossible.

When to Seek a Family Solicitor – Some Free Advice

Family Solicitor

If you’re going through relationship difficulties or planning civil partnership or thinking of cohabiting, then you may want to seek a family solicitor’s legal advice, you’ll need to ensure that you get the best one. If you’re getting married then perhaps you may want a prenuptial agreement in place first. While they are not as common in the UK and are not always recognized as legally binding, they can prove each of individual’s interests and wishes before they get married. Having said that here are more reasons you may need a family solicitors free advice.

Protect yourself and children from further abuse

If you’re subjected to domestic violence and would want to leave as soon as possible so as to protect yourself and children from further abuse, seeking legal advice from a family solicitor will help you get access to somewhere safe and be free from your hostile partner.

House or children involved in the relationship

You may have reached the end of your relationship and because there is a house or children involved. You may want to seek the legal advice of a family solicitor to ensure you get all that is entitled to you.

Want to make sure your marriage ends in a fair way

If you’re going through a divorce, then you’ll want to ensure your marriage ends in a fair way. You may be ending the marriage on bad terms or may simply have drifted apart, and there is nothing or nobody to blame seeking a family solicitor’s legal advice will help.

Financial advice after a relationship or a divorce

You may also need financial advice from a family solicitor after a relationship or divorce breakdown. This is because perhaps you’ll need to pay for your children’s maintenance or buy your ex-spouse a house after the divorce.

Conclusions

Apart from the above reasons why you may need a family solicitor’s legal advice you also need to know that they can help you in all sorts of circumstances and for that, I’ll recommend you seek the opinion of one.

Disputing Late Payments to Creditors in North Carolina

It’s common to be caught up in your busy life and fail to pay your bills on time. You might be having an unexpected emergency bill and fail to pay your credit card knowing very well that it can wait. Failing to pay a bill for 30 straight days makes it delinquent. Since payment history is about 35% of your credit score, it can greatly affect your overall score and this mark can stay on your credit card for up to 10 years if you do not do anything. Thankfully, most companies allow late payments and some of them even make it easy to remove the late payment error from your credit score. Here is how to remove the mark.

The Process of Disputing Late Payments

First, you should only dispute late payments if you really think there was an error. Being dishonest can put you in much more trouble than the late payment. Normally, all disputes pass through the credit bureaus. These credit bureaus allow you to call them, email them, or write to them. However, since they often need a lot of information, writing is the most preferable.late-payments

To save time, get screenshots and copies of the online transactions where you claim there was an error. You can ask the reporting agency for copies of the form or send your dispute with copies of any supporting documents. For records, always ensure that you keep copies of what you have sent. Also, indicate clearly in the report that you are trying to dispute and explain well why you think this information is not correct while requesting for investigation.

In case the bureau decides to make changes in your credit report, it must furnish you with a copy of the report and the results in writing. You can also ask that the corrected copy be sent to anyone who got your report. If you are a job applicant, you can have the corrected report sent to anyone who got employment reasons in the past couple of years.

Unless the creditor verifies the information, the credit bureau cannot put the disputed report in your life. If this is the case, it might write to you giving you proper information about the name and the address of the creditor. You can then dispute the information in writing so that there is a proof. Many creditors such as banks and other credit card companies have addresses that you can use to send the information. If it reports the information to the bureau, it must indicate that you disputed it. However, in case they cannot solve the problem, ensure that the credit bureau includes your copy of the report in future reports and in your files.

Once you have sent the letter of dispute, the reporting bureaus have between 30 to 45 days to analyze the dissolute and respond. If they do not respond then you can follow up. According to research, over 25% of reports might have errors hence it’s very important to file a dispute. If you are not sure about this, you can check whether you have late payments or not.

Bookkeeping Legal Issues for Small Business

 

Owning and running a small business is hard. There are lots of things to keep up with. You have to file taxes differently. You have to pay people if you are going to have employees. There are many legal issues you need to be aware of and avoid.

Tax Mistakes

Many people make mistakes on their taxes for their business. The process is exponentially more difficult than personal taxes you may be used.

They may not be required by the IRS, but they give you backup documentations for any deductions you claim. Keep a folder for the receipts. Honestly, you should go to a bookkeeper to assist in your ongoing business operations, there are many different small business bookkeeping services that you can make use of that will help you avoid excess work and focus on your core business (they are very difficult to do on your own). They can also do the job quickly and efficiently. Also, remember to track any expenses you can be reimbursed for.

You really need to keep good, detailed books of all money exchanged. This will make tax time much easier. The books will become more difficult as your business grows. Make sure you keep up with business regulations that affect you.

Partner Agreement

If you decide to take on a business partner, make a good, strong partner agreement. This can cause a lot of trouble if things go south between you and your partner. The agreement should cover several things. Include your goals for the business. Outline what happens if one partner doesn’t comply with the rules. Include a section on selling the business to outline what happens if either of you want to ever sell the business. Outline how much money each partner makes. Outline the role(s) and responsibilities of each partner.

Potential Legal Troubles

Many small businesses fail to set up the right legal structure for their company. It can open you up to liability if you don’t. You also need to have a shareholders’ agreement if you sell shares. You also need human resource guidelines if you have employees. You can get in trouble if you don’t have a handbook. You need specific guidelines for your employees’ jobs. Keep up with all of the laws surrounding employees. Decide if you want your employees to sign non-disclosure agreements or anything similar. Do not, do not, talk trash about your competition. Don’t do it publicly or anonymously. Be careful not to commit libel against them. Also, it just looks bad as well. You can compete civilly. If you have created something with this company, you should get patents or copyrights or trademarks. Keep your work your own. Be very careful if you are dealing with users’ information online as well. This can cause chaos if you get hacked.

When starting a business, make sure that you do plenty of planning before leaping into it. Make sure you are ready to take on the responsibility of a legal entity. Decide early on if you want to have employees or not. If you take on a partner, make an agreement between the two of you. Enjoy being your own boss and the freedom that entails.

 

Rental Laws in the South for Tenants and Landlords

Landlord-tenant laws differ from one country to another. In the United States of America, the rent laws are made to cover all the aspects of both the parties. Any violation of the laws gives extra rights to a landlord or a tenant.

Use and return of security deposit

The landlords decided a fixed amount called security deposit, which has to be deposited by the tenants at the time of making of the contract. This money is usually one month’s rent and is returned to tenants within 30 days after they move. It covers the damage occurring to the premises beyond normal wear & tear; if a tenant skips out early on the lease without paying the rent, security deposit money gives the payment to the landlord in such case. If the tenant does not get his security money from the landlord, a lawsuit can be filled in the magistrates court.

The security deposit is used as an added layer of security, similar to a credit check, bank statements and references.  Some landlords also use things called lease guarantors, for more info on that check out no credit check rental source anchor your assets.

Withholding or reduction of rent by tenants

In the rental laws, tenants are legally entitled to rental property which has basic structural, safety, and health standards and also in in good repair condition. If a landlord is not able to take care of the maintenance of important areas like roofs, walls, pillars, etc., a tenant has a right to withhold the rent until the repairs are done. The time is also fixed within which the landlord has to fix the problem of the property. The rental laws also specify the limit and frequency of withholding rents by the tenants.

Unconditional termination of the tenants

The landlord has a right to ask for unconditional termination if the tenant violates the clauses of lease regularly, damages the rental unit, deals with drugs or some other specified reasons. The time given by the landlords varies according to the cause behind the termination. The time period can be extended in case of any emergency for the tenant.

Entry of landlords in the rental property

A landlord or his agent has right to enter the property to make necessary or agreed repairs, to show the unit to tenants or potential purchasers or repair persons, and to supply agreed or necessary services. In case of any emergency also, the landlord can enter the tenant’s home. A different case is also when the landlord believes the property has been abandoned by the tenant. If you have skipped out without returning the key or giving any notice, the landlord has legal rights to enter the premises.

The duties specified for the landlord and tenant

The rental laws in the South have mentioned the duties for the both landlord and tenant. The duties of landlord include provision of the rental agreement to the tenant, maintenance of the property in a habitable and fit condition, cleaning of the common areas, and the provision of heat and water. The duties defined for the tenants are clean and safe keeping of the premises, disposal of garbage and other waste in a clean and safe manner and a reasonable use of ventilation, air-conditioning, heating, sanitary, electrical and plumbing systems.

In a single sentence the rental laws give landlords more responsibilities and the tenants more rights.

It’s a bubble, boy

Life inside the judicial bubble much different for those on the receiving end of justice.  Two cases cases prove this.  In the first, Ohio Supreme Court Justice Alice Resnick was pulled over and has since plead guilty to driving while impaired.  In the arrest video available on the web, she repeatedly asks the officer to let her go.  She mentioned that ruled with law enforcement on drunk-driving cases.  She also said that she had always believed that Supreme Court Justices should have highway patrol officers assigned as drivers. News reports say she had to be pulled over a second time after she drove off when the patrolman asked her to take a sobriety test.  The patrolman kicked it up a notch by calling his supervisor.  Far be it from me to suggest that if a young man had pulled away from a traffic stop, he would have gotten rougher treatment.  However he would have gotten rougher treatment.  Maybe much rougher if he was black or hispanic.
I don’t think that the officer should have tackled or cuffed the 65-year old woman.  But her experience was not what a typical DWI offender has.
The sentence she got was pretty typical for a North Carolina first-time DWI offender.  But unless you write off her actions on the day of her arrest as drunken ramblings, I disagree that she is fit to return to the bench and resume business as usual, as this editorial suggests.  After all she did repeatedly ask the officer to overlook the offense and suggested that she should get some consideration for the favorable rulings she made in the past.
Then there was Thomas Saylor, a Pennsylvania Supreme Court Justice who tried to sneak a small knife on a plane after it was rejected at the screening station.  He tried to hide it in a carry-on bag and got caught.  The feds are not pressing charges but a local prosecutor is weighing his options.
In the judicial bubble people smooth the way for you, they are deferential, you get accomodated.  I wonder how life inside the bubble contributed to these two jurists thinking they could get away with something.
Law Guy

Never say never

My excitement about Blakely’s impact on the Federal Sentencing Guidelines was tamped down by my sense that the federal judges in my district seemed to like the guidelines most of the time.  Departures were rare except for “substantial assistance” situations and it often felt as though upward departures were more common.
In a sentencing this week, a client received a non-guideline “reasonable” sentence that would have been reversible when the guidelines were not advisory.  There were solid named grounds for departure under the Guidelines for aberrant behavior

and lesser harms.  Without considering any departures though the guideline range for my client was 24-30 months.  The judge sentenced him to one year and a day.

My first clue that this was an unusual case was when one of the Deputy Marshals in the courtroom at an early hearing thought that my client should never have been charged.  The sentence was firm but fair, a year in prison is a lot for someone who has never had a real brush with the law before.  Even though I think guideline sentences will be the norm here, it is good to have a safety valve.
The Law Guy

Whither private counsel?

Is a client better off with a salaried public defender or court-appointed private counsel?  My answer (one that clients hate to hear) it depends.  I expect that most states will shift to public defender dominated systems fairly soon.  My county had no public defenders when I began practicing here.  All criminal defendants who could not afford an attorney (about 90%) got an assigned attorney in private practice.  Most of the “street lawyers” in town were on the list.  The quality of those on the list reflected the same range of skill as the local private bar.
We were generally hostile to the idea of changing the status quo.  The amount of the fee was totally within the discretion of the trial judge.  I did occasionally get screwed when a judge felt a $50 fee was sufficient for the trial of misdemeanor trespass, even it took 6 hours to handle.  Those cases were the exception though.  I think our local judges understood that if they were too stingy with fees, lawyers would stop taking court-appointed cases.  Pro se defendants take a lot more time to get through the system.  Most attorneys on the court-appointed list thought we had a fairly good thing going. We figured that any changes would not benefit us.
Politically though that system’s days were numbered.  The fiscal camp was outraged at the amount of money being spent and the increases every year.  Essentially individual judges decided how much would be paid and just handed the bill to the government.  Each new prosecution brought an incremental increase because the state would have to pay a private lawyer for that particular case.  It was politically unpopular for millions to be handed over to lawyers.
There was also the quality camp.  That group was concerned about whether defendants were getting competent counsel.  While most counties had a method of screening lawyers for the court-appointed list, the most heavily weighted factor was length of experience.  There was anecdotal evidence of egregious incompetence, but it was not really possible to systematically evaluate just how well or badly court-appointed counsel were doing.  However the anecdotes were persuasive.
The fiscal camp likes public defender’s offices because the cost is fairly predictable from year to year.  The pay is comparable to what prosecutors and other government attorneys earn.  There is less political fallout because less money is going into the hands of “greedy attorneys.”  A mostly private appointed counsel system is not sustainable politically because legislators will always see it as a giveaway to lawyers (not a popular group) and criminals (only group more vilified than lawyers).  It took about 10 years of intense lobbying by federal judges to get fees in federal cases raised.  Hourly pay to attorneys in private practice will always be a politically poisonous issue.  Since the state is paying the public defenders the same as the thousands of other lawyers who work full-time for the government, there is less a sense lawyers at the trough.
The quality camp likes public defenders because there is a mechanism for getting rid of poor performing lawyers.  The chief public defender can supervise the work of assistants and remove anyone he believes is incompetent.  Whether this will actually happen in practice remains to be seen.  All government enterprises are notoriously slow to drop dead wood.  We have a public defenders office here now that has 1 public defender, about 12 other attorneys and support staff.  They are motivated and talented and several members of the private bar moved to the PD’s office after it opened.  I considered it.  Our PD’s office now handles about 70% of the criminal cases.  We still have court-appointed lawyers who take cases when the PD’s office has a conflict.  I am still on that list.
Whether public defenders are better can be argued forever, but the shift  driven by the fiscal camp and quality camp is inevitable.
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