Employment Law Guide Legal Guide for Employment and Labor Law.

The Advantages of Knowing Employment Law

April 5th, 2012

In this economic climate, it is not easy to earn money and it is not easy to get employment. Someone who is looking for a good job would need to study, invest time and effort. This is why a lot of people often make sure that they make the most out of what they earn from their employment. Most of them greatly depend on their job when it comes to feeding their families and so many other basic necessities that they need to spend for. It can then be a difficult and life changing experience for an individual if they suddenly get fired from their position and it is not a pleasant experience for those involved. With this, it is perhaps a good for a worker to be aware of the various aspects surrounding employment law.

Having knowledge of employment law can give an employee a shield against unjust treatment from their employers. Sometimes, employers do not give the right benefits to their employees. But if the employees know about employment law, they can claim their rights to a variety of benefits such as health insurances, vacation leave, medical leave and bonuses. They may become even more driven to keep their employment longer and work even harder.

One thing that may greatly affect a worker’s productivity is that some employers tend to be fairly strict and may not let their employees go on sick leave if they are ill. There are some occasions where an employer might not let their employees rest until they literally faint in the office or vomit blood. If the employee has an awareness of employment law, they would be able to go on medical leave without the fear of any serious repercussions.

It can also be humiliating to a worker if they are shouted at in front of their colleagues in the office. It may also lead to an individual developing a feeling of inferiority that they may tend to carry even when they are outside the office. Anything that degrades an individual is not acceptable under employment law. An employee who knows that they are being treated unfairly or illegally should then know exactly how to warn their employers and fight for their rights if needed to.

Some employees also tend to be abusive of their rights. An employer who knows their and the rights of all their employees under employment law should not allow employees to abuse or take advantage of these rights.

Worker’s Compensation Lawyers

March 31st, 2012

You may be entitled to workers’ compensation if you are injured on the job. Lost wages and payment for medical bills can both be covered with a compensation plan. There are a multitude of injuries that are covered. The injury could be as plain as a large gouge to your external body or something covert like carpal tunnel syndrome caused by several years of inappropriate mouse usage. The inhalation of fumes or exposure to harmful chemicals in a workplace can also result in settlements for you.

Initially, you will want to file with your local commission, which hears the cases of workers who have been injured. The site can be located through the local yellow pages or online. If you were injured out of the area where your workplace resides, you still may be required to appear in court where your employer is situated. Your attorney can clear up matters like these.

The current law in some areas states that your employer must be reached within 45 days from the time your injury occurred. In addition, some legislatures demand that you must file your workers’ compensation claim within three years from the date of its occurrence or else you will be disregarding the statute of limitations.

Realize that when you file a worker’s compensation claim, you are not actually filing a lawsuit. A lawsuit is what would be filed should your employer’s insurance company deny your claim and should you then still want to file it. So, regardless of who was at fault for the injury, you can still file a workers’ compensation claim.

There are three general types of workers’ compensation benefits:

  • Medical – As long as your expenses are reasonable and related to your injury on the job, there is little reason they should not be covered entirely.
  • Temporary Total Disability – If you are receiving workers’ compensation insurance you ought to be able to receive 2/3 of your average weekly wage while you are recovering from you injury. Should you be able to work but your employee cannot help accommodate your work restrictions (e.g. cannot provide you with the necessary medical equipment at work) then you may be able to receive temporary total disability compensation.
  • Permanent Partial Disability – After completing the necessary evaluations with your doctor, he will decide whether or not your injury is permanent or not. If this is your situation, and you can only return to a lesser paying job, you could potentially be covered by your previous employee for the difference.

Although a workers’ compensation claim is not a lawsuit, it is still wise to hire an attorney to help negotiate on your behalf. You will be dealing with insurance company professionals who are paid to be good negotiators, and having an experienced lawyer who can argue on your behalf will work towards your advantage.

Not all areas provide a limit on the amount you can receive for a work injury, and generally workers compensation attorneys will charge about 20% of whatever you recover. Lastly, they will only be paid if you are paid.