Careless Actions Cause Injuries and Fatalities Every Day

Every day across the U.S., people suffer severe and potentially fatal injuries. If you’re hurt in a car accident, are harmed by a defective product or pharmaceutical, become injured or ill on the job, or for another reason, it’s vital to know that you have rights.

Depending on the circumstances surrounding your accident, compensation could be available to you to help you get medical treatment, pay your bills, and move on with your life. For example, if someone else’s negligence causes you harm, you could be owed compensation from the at-fault party through a personal injury claim. Similarly, if you lost a loved one in a tragic accident that was not their fault, you could pursue a wrongful death claim.

If you were injured or became ill at work, you could be eligible to seek worker’s compensation benefits, regardless of who was at fault. If a third-party, like a contractor, caused your accident, you could file a third-party claim.

With so many legal avenues for getting the fair compensation you’re owed after an accident, it’s crucial to understand how these accidents happen and what you can do to get the fair amount you’re owed if you’ve been hurt. Here, we’ve provided specific information about workplace accidents and wrongful death claims for you to better understand these cases.

The Dangers of Workplace Accidents

Injuries When a worker is hurt performing work-related duties or becomes ill due to workplace conditions, you might be entitled to benefits through your employer’s workers’ compensation insurance. Workers’ compensation exists to help injured workers get treatment and a portion of their wages as they recover. In exchange for this coverage, the employee typically waives the right to sue their employer for damages.

The most common causes of workplace injuries include:

  • Lifting heavy objects
  • Falling from heights
  • Dehydration
  • Exposure to toxic substances
  • Slips, trips, and falls
  • Repetitive motion injuries
  • Malfunctioning machinery or equipment

A workers’ compensation lawyer in Georgia can help you get the benefits you’re owed, and will make sure the insurance company or your employer don’t wrongly deny or diminish your claim.

Some of the benefits you could be entitled to include:

Disability benefits pay a percentage of the injured employee’s lost wages depending on the extent of the injury and qualifications they meet. There are four types of disability payments:

  • Temporary total disability
  • Temporary partial disability
  • Permanent total disability
  • Permanent partial disability

Medical benefits pay upfront for all necessary and reasonable treatment required to evaluate and treat the work-related injury or illness.

Death benefits are also available for surviving family members that lose a loved one in an accident. If another person’s actions caused your loved one’s death, you could seek compensation for funeral costs and a percentage of their lost wages before the fatal injury or illness.

How to Handle A Wrongful Death Case

If your loved one died because of someone else’s careless or intentional actions, you might be entitled to file a wrongful death lawsuit. According to Georgia law, wrongful death is a person’s death that another party causes with reckless, intentional, negligent, or criminal acts.

It’s crucial that you hire an experienced wrongful death lawyer in Georgia to help you with your case. The legal process is complicated and confusing for anyone who hasn’t gone through it before. If you choose not to seek legal representation, the opposing party might take advantage of that and intimidate you into dropping the case.

There are only a handful of family members that are allowed to file a wrongful death lawsuit. They include:

  • Surviving spouse and minor children
  • Surviving parents
  • A personal representative of the deceased’s estate

Damages refer to the expenses and intangible losses suffered by an accident victim. When you pursue this type of case, you could recover compensation for your expenses and any losses your loved one suffered prior to their death. The available damages include:

  • Medical expenses associated with fatal injury or illness
  • Funeral and burial costs
  • Pain and suffering experienced before the victim died
  • Lost wages and benefits, including what the deceased would have earned if they survived
  • Loss of companionship, care, and other benefits the deceased provided

There’s a statute of limitations you must follow if you wish to pursue compensation from the at-fault party that caused the death of your loved one. The statute of limitations in Georgia is two years. That means you have two years from the death date to file your lawsuit; otherwise, you’ll lose your right.

What to do if you’ve been hurt in Georgia

If you get hurt at work, suffer from a dog bite, or lose a loved one due to someone else’s negligence, it’s recommended that you hire an experienced attorney to represent you. If you were bitten by a dog, for example, a Georgia dog bite lawyer will be able to evaluate your claim, investigate the accident, gather relevant evidence, and demand fair compensation from the person or party that caused you harm.

If you have a worker’s compensation claim, your attorney will make sure your application is complete and accurate and will appeal your case if your employer or their insurer deny or attempt to underpay your valid claim.

If you need a wrongful death lawyer in Georgia, make sure to choose a law firm with the right experience, resources, and compassionate attention necessary to help you and your family recover compensation and get a measure of closure.

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Temporary Foreign Worker Wages Program in Canada

Updated Wages for Temporary Foreign Workers in Canada

Canada has always been a land of opportunities for the number of immigrants travelling here on a yearly basis. Many families come here for better life standard, better health system and to help their children get their better education. Many students around the world apply to Canada’s world class educational institutions for a better future and growth in their careers. Canada has always kept their immigration programs hassle free so that students can easily apply and get their enrollments.

Foreign workers from many other countries also get hired by many acknowledged fortune 500 companies and other mid-sized corporations for the skills they possess. Many of these foreign workers tend to apply for permanent residency through various immigration programs especially LMIA (Labor Market Impact Assessment). Job security and protection of these workers have always been a concern to ensure the real talent gets a better growth in the Canadian market.

Planned Avg 2019 Salary Increases

The COVID-19 Effect on the job market

With the coronavirus affecting the job market worldwide, Canada has introduced a new median hourly wages for temporary foreign workers in the country. Canada has always been a frontrunner in dealing with unexpected situations and one with such severity like this one, Canada has already came up with measures. The nation is known to put the welfare of its citizens/residents as a top priority and with exactly keeping in line with that, the Canadian government has announced a new median hourly wages which took effect from 11 May 2020. This new effect will definitely relieve the temporary foreign worker minds.

new median hourly wages

As you can notice from the table, the rates are different in each territory or province. Although the rate may be the same or may have reduced in some provinces, the majority of the provinces have raised the median hourly wage; albeit marginally. However, at this unique and unfortunate situation, any raise is better than none. Provinces Nova Scotia and Yukon visibly does not have any change in their wages. Alberta and Ontario has seen a raise of $1 in their wages which also holds the highest percentage of foreign workers in Canada. Nunavut has seen the biggest growth in their wages by $2.

What is the significance of the median hourly wage for temporary foreign workers?

The territorial and provincial median hourly wage is used by all Canadian employers including Immigrationlawyertorontofirm.ca to determine the requirements that need to be met for the Temporary Foreign Worker Program. Whether or not the employers have to apply for LMIA (Labour Market Impact Assessment) under high-wage and low-wage positions is determined by the wage offered by the employer and the location at which the opening is available. This is not a set measure but just a minimum number that needs to be offered. Jobs with bigger responsibility and better skills will of course be hired a higher wage.

Keeping up the hiring processes amidst the travel restrictions due to Coronavirus

Hiring new employees has become all the more difficult for employers due to restricted movement across borders. However, the government is doing everything in its power to help the employers continue with their recruitment process. A few measures that are discussed below have been introduced so that foreign workers can still be recruited despite the travel restrictions worldwide.

With so many travel restrictions now imposed, many companies have now started to hire the talent virtually in order to keep the workflow going. This will ensure the job security of these foreign talents and once it is safer travel, they can easily immigrate to Canada.

New curbs taken for LMIA applicants

The following measures for all LMIA applications were introduced by the Employment Social Development Canada (ESDC).

  • If the employers want to enter a different person’s name on the LMIA due to COVID-19, the name change process has been made fast-track. It can be accomplished sooner.
  • Those employers whose applications fall under the Seasonal Agricultural Worker Program or the Agricultural Stream, in general, need not freshly apply for Housing Inspection. A report that was previously valid can be submitted.
  • Previously, employers of workers in the low-wage stream had one-year as the maximum duration of employment under the LMIAs. It has now been raised to two years. This is a part of a three-year pilot program.
  • Minor administrative changes that do not in any way affect the terms and conditions that need not be submitted by the employer to the LMIA.
  • All LMIA requirements for jobs in the agricultural sector have been removed until 31 October 2020.
  • Occupations in the agricultural sector are given top priority under the LMIA

To make operations safer for new employees, Canada has introduced a $50 million initiative. This is to help workers complete the mandatory isolation period. Recruits will be allowed entry only for essential reasons. This is determined by the Canadian Border Services Agency.

The above change has already been rolled out and taken in place. You can head to the CIC website to see more updated information on these changes.  It is important to stay up to date with all the latest immigration information. In case you need some personal consultation with a well knowledgably and reputed lawyer; you can book your consultations at Immigrationlawyertorontofirm.ca. Bookings can be done easily and you can also find plethora of information on other immigration programs. It is always advisable to consult with an immigration lawyer when you have doubts related to any application an Immigration lawyers not only help with LMAI applications but also assist in successfully filing any immigration application. Immigration lawyers can also help you in your immigration appeals or in case your application is rejected the first time, immigration lawyers can help you navigate the immigration laws and help you successfully file it the second time. As many foreign and temporary resident workers immigrate to Canada, staying up to date with the latest changes is important. Canada has always been a land of opportunities for many aspiring people around the world and it welcomes you to start your journey!

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A Checklist for Workers’ Compensation Accident Victims

It is crucial that a worker that has been injured on the job take appropriate steps following an accident. By following certain steps, the injured worker can ensure that his or her rates are adequately and fully protected. Additionally, the injured worker increases his or her chances of obtaining the best possible settlement for the accident case. Here is a checklist of things an injured employee should consider doing following a Workers’ Compensation accident.

The first and perhaps most important thing to do after a Workers’ Compensation accident is to report the accident.

  • As quickly as humanly possible, the injured worker should report the specifics of exactly how the accident occurred to his or her supervisor. Make sure to provide as much detail and description on how the accident occurred to your supervisor. That way, there’s a full and comprehensive record of what occurred. Next, you want to make sure that your employer fills out what is called a First Report of Injury.
  • This, the employer is legally required to fill out. After the employer fills it out, he or she must submit this First Report of Injury to the employer’s Workers’ Compensation Insurance company. There are strict deadlines governing how quickly this First Report of Injury must be provided to the insurance company. Initially reporting the accident to the employer can help ensure that the subsequent First Report of Injury be as detailed and comprehensive as possible. The next item on the checklist applies to those that experienced personal injuries from their workplace accident. If injuries were sustained, regardless of their severity, medical treatment should be obtained. Workers’ Compensation accidents can cause very, very mild injuries to very catastrophic injuries, including even death. Whatever injuries were suffered, you want to make sure that you obtain prompt and appropriate medical attention to fully address your injuries stemming from the accident. Additionally, by obtaining medical treatment, medical records will be generated, which will document the full extent and nature and quality of the injuries you sustained in your work accident. Keep in mind, you can go to any medical provider you wish to following your work injury. You do not have to go to any particular medical provider.

The next item on the checklist is something you should not do.

  • What you should never do following a Workers’ Compensation accident is to sign any paperwork an insurance company sends to you. They may send you various forms, which can be confusing to one who has never seen such forms. Make sure not to sign or complete any of this paperwork because, by doing so, you may be unwittingly jeopardizing your rights to full compensation.

Next on the checklist is something you must do, which is to attend an independent medical exam, also known as an IME.

  • The IME is a medical appointment that is arranged by and paid for by your employer’s Workers’ Compensation Insurance company. If you are out of work due to a work injury and an insurance company is paying you weekly compensation benefits, the insurance company, by law, is allowed to have you seen by a doctor of their choosing. This IME physician is paid handsomely from the insurance company to write a report. This report will be largely based on the doctor’s review of your medical records, as well as an in-person examination that he or she conducts of you. Therefore, by law, you must attend the independent medical exam if one is scheduled for you.

Next, always consider the possibility of a third-party case.

  • By law, you cannot sue your employer for a work injury. You cannot sue for negligence against your employer stemming from a workplace accident. However, if your workplace injury was caused by a third party, then a third-party lawsuit may be possible. This is oftentimes seen in the context of a motor vehicle accident or a slip and fall accident. Frequently in those instances, it is a third-party such as an individual or a company that negligently contributed to a workplace accident. If that is the case, you may have an underlying Workers’ Compensation accident claim to pursue, as well as a potential third-party negligence claim to pursue against the applicable individual or company responsible for causing your accident.

The final item on the checklist for injured workers to do is to contact a Workers’ Compensation injury attorney.

  • A Workers’ Compensation attorney that is experienced will understand how to effectively navigate your case through the legal and court process. Workers’ Compensation Law can be quite complex. Therefore, having qualified representation and advocacy on your side can help to best promote your rights and entitlements under Workers’ Compensation Law.

Christopher Earley is a Workers’ Compensation attorney in Boston who handles Workers’ Compensation accidents as well as all types of personal injury accident cases. For over 15 years, the Law Office of Christopher Earley has been dedicated to representing the injured. If you or someone you know needs the assistance of an injury attorney, contact the Law Office of Christopher Earley today at 617-338-7400.

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Oklahoma Construction Site Injury

As of 2018, 85,600 people were working in the construction field in Oklahoma, building and maintaining our infrastructure, workplaces, homes, and more. Unfortunately, the risks associated with working on a construction site are high, and people are getting injured every day.

Construction Site Statistics

Working on a construction site is a risky endeavor. Every day, construction workers handle hazardous building materials and electric wires, scale tall buildings, and operate heavy machinery. It’s no wonder that research has found that construction work is one of the most dangerous industries.

According to data by the Occupational Safety and Health Administration, or OSHA, one in five worker deaths is in the construction business. These deaths were primarily caused by what OSHA calls the “Fatal Four.”

The “Fatal Four” indicates the following:

  • Falls: 33.5% of construction site fatalities happen due to serious slips and falls. This can include incidents such as tripping over improperly placed construction equipment, falling into hazardous material, or falling off of poorly secured scaffolding and ladders.
  • Struck by an object: 11.1% of construction site deaths happen when the worker gets hit by an object. This can include being struck by a flying object, like a misfired nail gun, or being struck by a falling object, such as a tool. This also includes being struck by a swinging object, such as heavy machinery, or being struck by a rolling object, such as a vehicle in motion.
  • Electrocution: 8.5% of construction-site fatalities occur because of electrocution. This can occur when wires and other electrical conduits are not safely used or secured, or when workers are improperly trained in electric work.
  • Caught in or in between an object: 5.5% of construction site deaths occur when a worker is caught in or in between an object. This can include cave-ins, body parts being pulled into machinery, or when the worker gets caught between the equipment and a fixed object.

OSHA has said that eliminating these causes would save almost 600 lives a year. While the “Fatal Four” are the most dangerous types of construction-site accidents, there are countless ways in which someone can be hurt while working on a construction site.

In the event of an accident, workers could suffer severe injuries that could have a lasting impact on their lives and livelihood. When this happens, they may need to turn to an experienced injury lawyer to help them get the workers’ compensation benefits they’re owed, or help them file a third-party injury claim. While not all workers are aware of their rights and legal options, a personal injury firm like this one, Abel Law Firm in Oklahoma City, could help them recover compensation. The firm lists the following as types of construction cases they handle:

  • Construction Equipment Defect
  • Construction Company Negligence
  • Slip and Fall Accidents
  • Repetitive Motion Injuries
  • Lifting Injuries
  • Exposure to Toxic Substances
  • Head/Brain Injuries
  • Amputations

For injured workers, an accident could mean not just physical pain, but also serious financial stress and strain. For those whose paychecks are the primary or sole means of supporting themselves and their families, an accident could have a devastating impact on their life and livelihood.

For this reason, it is recommended that all employers provide a safe workplace and reinforce safety procedures. Employees should also pay attention to proper safety procedures and processes to keep themselves and their co-workers safe.

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When Do You Need to Hire a Workmans Comp Attorney Macon

Being injured is never good but the experience happens to be much worse when you get hurt while trying to do your own job at the workplace. True, your employer needs to provide you with workman’s compensation when the fault had not been yours but unfortunately, there is many a slip between the cup and the lip and you might find yourself being deprived on account of performing your duty. Read more

This article is written by Westmoreland, Patterson, Moseley & Hinson, L.L.P. Team. Westmoreland, Patterson, Moseley & Hinson, LLP, has been representing people with legal needs for over 50 years. Our law firm uses the vast resources available and we have the experience needed to handle successfully a wide range of complex legal issues