Posts by Elenor

Signs of Abuse and Neglect in Nursing Homes

Posted by on Jan 3, 2017 in Elder Issues | 0 comments

The elderly and the disabled are one of the most vulnerable people in society. Though nursing homes are there to provide care and shelter for them, there are instances where your beloved family members experience abuse and neglect. What is worse is that you will not be there to protect or save them from the abusive and neglectful tendencies of nursing home employees.

But what are the signs that someone has been experiencing abuse and neglect in a nursing home? First, it should be mentioned that abuses can take different forms, like physical abuse, emotional abuse, and financial exploitation. You can look for the signs in relation to these forms of abuse.

According to an informative article from the website of Clawson & Staubes, LLC: Injury Group, the warning signs for physical abuse are unexplained injuries, such as bruises, sores, burns, cuts, and broken bones.

Nursing home abuse can also be sexual. If your loved one has blood stains, rips in undergarments, sudden trouble in standing and walking, pain in pelvic areas, and or newly discovered STDs, he or she may be experiencing some form of sexual abuse.

Aside from wounds and the like, these experiences have deeper effects, not just for the victim, but also for you, the victim’s family member. These effects are emotional and psychological issues.
If your loved one seems to have unexplained or uncharacteristic changes in behavior, he or she may be experiencing emotional abuse from the nursing home employees. This can lead to post traumatic stress disorder, anxiety, and depression.

In its own way, neglect can also be a sign of abuse. If you visit your family member and find out that he or she lacks basic hygiene, food, medicine, or other aids, he or she may be experiencing neglect from the nursing home employees.

Again, this may have its emotional and psychological effects, that may also bring further financial damages to you and your family.

It can be very overwhelming to discover that your loved one is experiencing abuse and neglect from other people, especially from people who are supposed to take care of him or her. So before it gets worse, be assertive and always look for signs of abuse and neglect.

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Coping with a Wrongful Death

Posted by on Oct 5, 2016 in Wrongful Death | 0 comments

As tragic as it is to lose a family member under any set of circumstances, that loss can be all the more difficult to accept when if caused by the reckless or irresponsible actions of another person. On top of everything, families often have to find a way deal with the stark financial realities that typically follow the unexpected death of a loved one.

Filing a Wrongful Death Claim

Sadly, it is not altogether uncommon for fatal accidents to be caused by the recklessness or irresponsibility of another person. Reasons a person might be wrongfully killed include the following:

  • Car Accidents
  • Workplace Accidents
  • Defective Pharmaceuticals
  • Medical Malpractice
  • Product Liability

There is no reason that you and your family should be in the situation you are in right now, so know that you and your family are capable of taking the legal action necessary to hold the responsible party accountable for their actions.

Claiming Compensation with a Wrongful Death Claim

Though the circumstances of every claim will be unique, just about every wrongful death claim will seek compensation to help offset the following financial damages:

  • Funeral and burial service expenses
  • Medical expenses for your loved one’s final treatment and care
  • Pain and suffering experienced by surviving family members
  • Income that your loved one would have been able to earn

Seeking compensation after a loved one is wrongfully killed can be difficult, but it is important to know that it can and often should be done.

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Amendments and Extension of the Scope of Title VII of the Civil Rights Act of 1964

Posted by on Oct 2, 2016 in Labor Laws | 0 comments

All individuals in the U.S., on the basis of educational qualification, job experience or expertise, have the right to equal employment opportunities. Recognition of this right is upheld, protected and enforced by the Equal Employment Opportunity Commission (EEOC), which the United States Congress enacted in 1964; the EEOC likewise prohibits any form of discriminatory practices in the workplace based on one’s sex, race, color, religion, and national origin. This prohibition is clearly and strongly emphasized in Title VII of the Civil Rights Act, a federal mandate that illegalizes all forms of workplace discrimination on the same grounds. All private employers, state and local governments, and educational institutions with, at least, 15 employees have the legal duty to comply with the provisions of Title VII.

Since the passing of the Civil Rights Act (also in 1964), amendments have been made (to this Act) to address new concerns that are expected to impact the business world, such as sexual harassment of employees, sex stereotyping, discrimination on the basis of pregnancy, and LGBT-related sex discrimination.

Besides Title VII of the Civil Rights Act of 1964, the EEOC also enforces other laws that will warn against any attempt to commit discriminatory acts in all employment-related activities including, but not limited to, hiring, firing, promotion, compensation and training, on the basis of employees’ or applicants’ sex, race, color, religion, and national origin. These other laws include:

  • Equal Pay Act (EPA) of 1963;
  • Age Discrimination in Employment Act (ADEA) of 1967;
  • Pregnancy Discrimination Act of 1978;
  • Title I and Title V of the Americans with Disabilities Act (ADA) of 1990;
  • The Civil Rights Act of 1991, which allows victims of intentional employment discrimination to claim monetary damages;
  • Genetic Information Nondiscrimination Act (GINA) of 2008; and,
  • Title II of the Genetic Information Non-discrimination Act (GINA) of 2008.

Aside from the Pregnancy Discrimination Act of 1978, which is an amendment on Title VII of the Civil Rights Act to include sex discrimination on the basis of pregnancy, childbirth, or other related medical conditions, discrimination against members of the lesbian, gay, bisexual, and transgender (LGBT) has also been prohibited by the EEOC, stating that this is an extension of Title VII ‘s prohibition on discrimination based on a person’s sex.

As explained in the Leichter Law Firm website, a variety of State and Federal laws, likewise, protect employees from discrimination in the workplace. Many of these laws, however, require an employee to file a claim within 180 days after the violation. It would a wise move, therefore, if a victim of employment discrimination would hire an attorney immediately to help probe into the veracity an of illegal discrimination claim. Employers who unlawfully discriminate against employees or job applicants may be liable for lost wages, compensatory damages, punitive damages, and attorney’s fees.

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Employees’ Protection against Discrimination and Other Unjust Employment Practices

Posted by on Aug 15, 2016 in Workers' Compensation | 0 comments

The Equal Employment Opportunity Commission (EEOC), which the US Congress established in 1964, is tasked to strictly enforce Title VII of the Civil Rights Act of 1964. Title VII is the federal mandate that promotes employees’ rights and strictly prohibits any form of discrimination in the workplace, be it due to one’s sex, race, color, religion or national origin [it may be worthwhile to note that EEOC interprets Title VII’s prohibition of sex discrimination to include discrimination against gender identity or sexual orientation. Thus protections apply, regardless of any contrary state or local laws, to lesbians, gays, bisexuals, and transgenders (LGBT) against employment bias.]

This federal mandate, which covers all private employers, state and local governments, and educational institutions with 15 or more employees, gives all individuals in the U.S. equal employment opportunities regardless of their educational qualification, previous work experience, or expertise.

Title VII is just protection of basic employee rights, though, that is, right against discrimination. There are other employee-protection laws, that the EEOC enforces, including, but not limited to:

  • Equal Pay Act (EPA)of 1963. This federal law, which amends the Fair Labor Standards Act, “prohibits sex-based wage discrimination between men and women in the same establishment who perform jobs that require substantially equal skill, effort and responsibility under similar working conditions” (https://www.eeoc.gov/laws/statutes/epa.cfm);
  •  Age Discrimination in Employment Act (ADEA) of 1967 protects certain employees and job applicants aged 40 or above from being discriminated on the basis of age when it comes to hiring, promotion, discharge, compensation, and conditions or privileges of employment.
  • Americans with Disabilities Act (ADA) of 1990, which is actually the first comprehensive civil rights law in the U.S. ADA addresses the needs of those with disabilities and strictly prohibits their discrimination in employment, public accommodations, public services, and telecommunications; and,
  • Pregnancy Discrimination Act of 1978, is a U.S. federal statute that prohibit sex discrimination on the basis of pregnancy, childbirth, or related medical conditions.

Despite the laws and their corresponding penalties against offenders, many employers, co-workers and clients or customers have been named, and continue to be named, as defendants in legal cases. Under the Civil Rights Act of 1991, victims of discrimination are legally allowed to claim monetary damages due to intentional employment discrimination.

The New York City employment attorneys of Cary Kane LLP encourages everyone, especially those in New York City, who feel that they have been treated unfairly or illegally in the workplace, to immediately seek help from a seasoned employment attorney who can guide them pursue legal action which will best apply to their respective cases.

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Freight Factoring Service: The Answer to Many Truckers’ Financial Woe

Posted by on Aug 14, 2016 in Trucking | 0 comments

Despite having finished job requests, truckers or trucking companies still have to wait from 30 to 60 days for payment from shippers and brokers. This long wait often have harmful effects in the operation of a trucking business. Luckily, sparing one’s trucking business from this situation is possible – through the seasoned and professional services of freight factoring companies, such as TBS Factoring Service.

Freight factoring service of TBS Factoring aims to unload the financial burden experienced by many trucking companies, not just by assuring them of fast and upfront cash that will help keep their business in operation and in the competition, but also by taking care of truckers’ many other concerns, including legal, which can affect significant business opportunities. Its services, which trucking firms will definitely find beneficial, include: simple freight bill factoring solutions, various cash flow products designed to suit specific business needs, friendly personal service, freedom from time-consuming paperwork and office hassles, and rates that are fair and easy to understand.

One major benefit of TBS services is enabling employers to concentrate more on, and further improve, business operations. This does not only mean completing jobs on time, but also making sure that each job is accomplished safely, meaning, keeping their trucks from getting involved in road accidents, a possible source of loss for trucking firms in the form of compensation claims.

According to the National Highway Traffic Safety Administration (NHTSA), every year, close to 5,000 fatal truck accidents occur on U.S. roads and highways, while another 130,000 get injured. By availing of TBS services, truckers can save themselves not only for the long wait for payment, but also from the possibility of not getting paid at all. The sure cash from TBS Factoring Service will mean timely pay for truck drivers and all other employees, and available money for the needed truck maintenance and purchase of necessary truck parts.

Though it is true that acquiring the services of TBS will lessen the actual worth of the job contract entered into by a trucking firm, this will be superseded by the continuous flow of business. Truckers will realize that the benefits this freight factoring company offers and provides far outweigh the minimal cut in profit.

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