The Modern Worker: A New Breed or Product of Strange Times?

Posted by on Sep 16, 2017 in Employment Law | 0 comments

It is no secret that the jobs today are becoming radically more complex. There is talk to teach programming skills to students in elementary schools and more school districts have iPads for their students than those that don’t. What does this mean for the modern workforce? It means that the workforce is being trained for tasks now that used to require a master’s degree. America and her economy are changing and that change is a constant grey area. While it benefits many there are still those it leaves in the dust.

Amazon, eBay, and Walmart are already dominating the e-market, and more people are ordering their goods online than ever before. This may seem like the inevitable march of the future. However, it means that the future marches on without the brick and mortar malls and shopping centers of yesteryear. There is one city who has felt these effects more than any, and is dubbed by the Wall Street Journal as the “center of America’s retail meltdown”. Elmira, New York has seen a 20 percent reduction for the past two years in its normal city revenue from sales tax. This means that the municipal government has four-fifths of the funding it normally receives and has had to resort to laying off some police and firefighters. 

Younger workers are looking for flexible jobs that reflect their fast-paced and nonregular lifestyle. Working hourly for companies like Uber and Lyft or being an Amazon delivery driver appeals to the labor force today more than ever. However whenever you are working for these types of companies the official status of your employment can get complicated. Because of the way our labor laws are designed, many companies are opting to hire workers as a contractor rather than a full-fledged employee. This has caused an unseeable but all-too-prevalent rift between today’s workers and the companies they work for. No longer do they work for a company they believe in but a technological giant they are just familiar with.

Interestingly the New York Times compares these times to the era of American history leading up to the sweeping New Deal pushed by FDR that brought our country out of the great depression. The reason is that in order to build a strong competitive economy working people need strong labor unions so that their voice can be heard all the way to the executive office of corporate giants. In fact, according to the labor and employment attorneys at Cary Kane LLP, when labor unions have legal help when going against large companies their voice is louder, and change is more likely to happen.

Times are weird. The internet is an economy in and of itself, and it can suck up the profits from older companies that either don’t jump on the bandwagon or can’t work it. For now, all we can do is support small business, use overly convenient digital services in moderation, and try to learn new marketable skills to appeal to a morphing world.

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Ponzi Scheme Red Flags

Posted by on Jun 13, 2017 in Business Law | 0 comments

From 1919 to 1920, Charles Ponzi, a charismatic Italian immigrant, was able to sweet-talk thousands of individuals into shelling out millions of dollars to buy postage stamps using international reply coupons. Ponzi promised potential investors high returns for their investment, since they can purchase postage at European currencies’ lower fixed rates and then redeem these in U.S dollars at higher values. The real issue, however, was the fact that Ponzi diverted investors’ money to make payments to earlier investors and himself and, when the time came when he could no longer rustle up enough fresh investments to keep up with the money going out the door, his scheme was discovered, landing him in jail.

Now known as the Ponzi scheme, this fraudulent investment operation involves an individual or an organization luring people to invest in a non-existent business with the promise of high return. The fact, however, is scammers pay returns to investors using their own money or money paid in by subsequent investors. Since there is no legitimate business, there are also no legitimate earnings, thus Ponzi schemes require a steady flow of money from new investors to continue. If becomes difficult to recruit new investors or when a large number of investors ask to cash out, it will mean this scheme’s collapse.

According to Erez Lawyers, Ponzi schemes are quite difficult to spot, – the reason why many people still get drawn into it. There are signs, though, that may be indicative that the investment opportunity you have gotten into is a Ponzi scheme. These signs or red flags include:

  • High returns with no risk. If a fund is promising its investors a high return on their investment with little or no risk, be highly suspicious. Legitimate “high yield” investments are generally risky, and the law requires financial advisors to disclose those risks.
  • Unusual consistency in returns. The values of legitimate investments fluctuate; they go up and down along with the market. This is particularly true of investments that offer high returns. You should approach any investment opportunity that consistently provides high returns to its investors, even in an unstable market, with extreme caution.
  • No registrations or licenses. Most Ponzi investments aren’t registered with state regulators or the SEC. Registration provides investors with crucial information about a company’s inner workings to help them make informed decisions, so be skeptical of unregistered investments. Likewise, both federal and state laws require investment professionals and companies to be licensed, so use caution if an investment opportunity involves an unlicensed firm or individual.
  • Secrets and unnecessary complexity. Ponzi scheme managers find they can dupe inexperienced investors by hiding behind “company secrets” and complex or highly technical language. If a firm seems to be holding back information or providing you with documents you can’t understand, avoid investing there.
  • Paperwork problems. As an investor, you should always be able to review information about your investments in writing. Be alert for any reluctance on the part of a firm to provide you with paperwork, as well as errors or inconsistencies that can point to mismanagement of funds.
  • Trouble with payments. Ponzi schemes rely on continued cash flow from investors to keep running. They’ll often encourage you to roll over your investment, promising an even higher return, rather than paying out as promised. This should be a big red flag.

The funds that a Ponzi scheme generates are usually used to enrich the manager of the scheme. Thus, by the time a Ponzi scheme collapses or when investors discover the scheme, it can be difficult or impossible for them to get their money back. This is why it is highly necessary to get in touch with an attorney right away as investors may be able to hold legally liable their financial advisor or the brokerage firm where this advisor or broker is employed.

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Biomet’s Comprehensive Reverse Shoulder Humeral can Result to permanent loss of Shoulder Function, Infection or Death

Posted by on Feb 24, 2017 in Personal Injury | 0 comments

Shoulder replacement surgery was first performed in the U.S. in the 1950s. Its purpose was to treat severe shoulder fractures. This surgical procedure involves the removal of damaged parts of the shoulder and the implantation of an artificial device, called a prosthesis, that is similarly shaped as the shoulder part it will replace.

Shoulder replacement surgery has always been expected to provide relief from pain, besides restoring shoulder motion, function and strength. This is not the case, however, if a patient is implanted with a faulty replacement device, for instead of increased function and minimized pain, the result would rather be worse pain, additional costly medical expenses and the need for corrective surgery.

There are four types surgical procedures for shoulder replacement. The type of procedure a patient will undergo will depend on his/her doctor’s evaluation and specific health needs.

  • Total Shoulder Replacement is replacement of the original ball-and-socket with similarly shaped prosthetic parts.
  • Partial Shoulder Replacement or Stemmed Hemiarthroplasty is the procedure that needs to be performed if the humeral head has been severely fractured, but the socket is unharmed.
  • Shoulder Resurfacing or Resurfacing Hemiarthroplasty involves replacement of the joint surface of the humeral head with cap-like prosthesis.
  • Reverse Total Shoulder Replacement or Reverse Total Shoulder Arthroplasty is the procedure wherein the positions of the joint’s ball and socket are reversed or switched. This means that the ball gets attached to the scapula rather than to the humeral head, and the artificial socket is attached to the humeral head rather than to the scapula.

The Comprehensive Reverse Shoulder System Humeral Tray, which Zimmer Biomet started manufacturing on August 25, 2008, is a shoulder replacement device that is surgically implanted to help restore arm movement. This device is also beneficial for patients with rotator cuff tears who have developed a severe type of shoulder arthritis known as arthropathy and previously failed shoulder joint replacement.

On December 15, 2016, however, Zimmer Biomet, moved to recall more than 3,600 pieces of said device after it was discovered that this device was fracturing at a higher rate than is stated in its labeling. According to the U.S. Food and Drug Administration (FDA), these fractures can result in revision surgeries that can lead to serious adverse health consequences, including permanent loss of shoulder function, infection or death (though rarely).

In its website, law firm Williams Kherkher says that those who suffer a serious fracture due to a defective Zimmer Biomet comprehensive reverse shoulder system may be eligible for compensation for their pain, suffering, medical bills, and other damages. Zimmer shoulder lawsuit lawyers believe that medical device manufacturers have a responsibility to properly test and label their devices, and if those systems fail, they should be held accountable for the injuries they cause.

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Common Questions About Child Custody and Visitation

Posted by on Feb 18, 2017 in Uncategorized | 0 comments

Fighting for a parent’s right for their children may be one of the most emotional topics covered in the court. It is a good thing that there are certain law offices that have the professional experience on handling such cases, such as the Law Offices of Baden V. Mansfield.

Sure, you can trust attorneys to do everything for you, but it doesn’t hurt to have a background on things that involve child custody and visitation. Here are some of the common questions you should consider to expand your knowledge on the subject.

Are mothers more likely to get custody than fathers?
In the past, children about five years old or below are awarded to the mother, because they are still in their “tender years.” But in recent years, most states are now looking into the child’s best interest without considering his or her age and the gender of the parents.

Does custody go to one parent only?
Most of the time, both parents have some level of custody over the child. It may be joint physical custody and joint legal custody. In joint physical custody, the parents can have relatively equal amount of time spent with the child. In joint legal custody, the parents share decisions that involve the child’s growth, like educational, medical, and religious decisions.

What factors affect the court’s decision?
The court considers many factors in deciding over custody and visitation, but it all boils down to the best interest of the child. As much as possible, the court will want the child to continue its life, avoiding the most disruptions as possible. It is also going to consider the child’s age, health, and mental stability, the parent’s ability to provide food and shelter, and the emotional ties between child and parent.

Can the child select the parent he or she will live with?
The child has the right to choose with whom he or she will go with only if he or she has finally reached a certain age. The age is usually 12 or older. But the choice can still be overridden, especially if it is proven that the chosen parent is not of the best interest of the child. The court is still the absolute authority, so the child’s decision shall not be seen as too controlling after all.

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Bard G2 IVC Filters and Their Dangers

Posted by on Feb 17, 2017 in Uncategorized | 0 comments

The Bard G2 IVC Filter is a medical device surgically implanted in a person’s interior vena cava to catch potential blood clots before they even reach the lungs and cause a pulmonary embolism. It is often implanted on people who are at risk of developing blood clots, may it be because of traumatic experiences like car accidents or other events.

This filter is temporary, meaning that it should be removed after the risk of pulmonary embolism has disappeared or upon the medical professional’s decision. Serious injuries or complications can be sustained if the filter has not been removed after the risk has subsided.

Getting injured because of a device that is supposed to protect you is a tragic experience. Still, many individuals become victims of this horrible experience as if the law doesn’t have enough fangs to regulate the use of these filters.

According to the website of Bard G2 IVC lawsuit attorneys of Habush, Habush, and Rottier, injuries from such medical devices may be subject to a product liability lawsuit.

But what are the injuries you can sustain in a Bard G2 IVC Filter? They can be physical injuries or complications. These include but are limited to the following:

  • Additional blood clots
  • Cardiac or pericardial tamponade
  • Death
  • Internal bleeding
  • Perforation of blood vessels and tissues
  • Perforation of heart, lungs, and other organs
  • Pulmonary embolism
  • Punctured Vena Cava

Device migration and detachment of device components are the most frequent causes of these injuries and complications. The device has a spider-like structure, whose legs may fracture, break, and mobilize to a position where it is impossible to retrieve.

Bard has faced various lawsuits because of their G2 IVC Filter, so don’t be afraid to come forward if you or someone you know has been a victim of a defective IVC filter. After all, the law is on your side.

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Types of Workplace Injuries

Posted by on Feb 16, 2017 in Uncategorized | 0 comments

The workplace can be very dangerous and may cause injuries, not just the physically demanding jobs, but also the typical office jobs. But according to the website of LaMarca Law Group P.C., you may be able to get compensation for workplace injuries, but really, would you trade money for your health?

Prevention is still the better option, and you first step into preventing workplace accidents is to know the different types of workplace injuries that you can be vulnerable to.

Head and Brain Injuries
The brain, and generally the head, is one of the most vital parts of the human body, so an injury to it can have devastating effects. Head and brain injuries typically happen in the workplace because of falling from heights and getting hit in the head by fast or falling objects. These kinds of injuries are particularly common on articulture, construction, emergency medical services, and transportation.

According to an informative article by the Toronto brain injury attorneys at the Mazin Law Firm, brain injury claims often involve brain damage, concussions, contusions, hematomas, memory loss, and seizures.

Neck and Back Injuries
These kinds of injuries are usually the result of overextension of the spine, particularly because of lifting, pushing and pulling, and poor overall posture for long stretches of time. Those who have physically demanding jobs such as in automobile repair, construction, manufacturing, and mining are the most vulnerable to neck and back injuries, but even typical office workers can sustain such injuries, mainly because of poor ergonomics, or improper workstation design that encourages poor posture for long periods of time.

Shoulder and Hip Injuries
Shoulder and hip injuries primarily occur because of repetitive stress on the said body parts, may it be because of physically demanding tasks such as lifting in construction sites and factories, or slip-and-fall accidents.

The workplace is supposed to be safe. Not because you are getting paid to do what you are doing, it already means that you can overexert yourself or intentionally put yourself in a hazardous situation. To prevent workplace accidents, make sure to follow safety regulations, wear protective gears, don’t overexert yourself, and have the proper posture to avoid unnecessary stress to your body.

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Symptoms of Brain Injuries

Posted by on Oct 5, 2016 in Brain Injuries | 0 comments

No organ in the human body is more important than the brain. It serves as the control center of the body. For this reason, any injuries in this organ of the body can have devastating effects. According to the website of Abel Law Firm, persons who suffer from brain injuries is unlikely to recover from their condition. A brain injury can affect a person physically and psychologically affect the person and symptoms do not appear immediately.

Depending on the location of the injury, the symptoms of brain injury may vary widely. For mild brain injuries, the symptoms may include:

  • Lapse in consciousness
  • Sudden forgetful or amnesia
  • Confusion
  • Poor balance or dizziness
  • Blurred vision
  • Bad taste in the mouth
  • Headaches
  • Problems concentrating
  • Memory impairment

For more severe injuries, the injured may experience the following symptoms:

  • Unrelenting headache
  • Nausea and vomiting
  • Seizures
  • Jerking bodily movements or convulsions
  • Comatose states
  • Numbness or weakness in limbs
  • Dilated eyes
  • Poor coordination
  • Agitation
  • Slurred speech

In children, symptoms of brain injury may include:

  • Cranky demeanor or listlessness
  • Loss of appetite or refusal to eat
  • Poor performance at school
  • Disrupted sleep pattern
  • Loss of interest in toys or activities

Other symptoms of brain injury may include excessive sleepiness, inattention, impaired memory, faulty judgment, depression, difficulty switching between two tasks, and slowed thinking. The problem with brain injury symptoms is that they are “invisible” and hence difficult to diagnose. Even the most knowledgeable and trained health professional can find it difficult to tell whether there is brain injury or not. So if there are suspicions of brain injury, the best treatment is to “get checked.” It is better to be safe than sorry.

Brain injuries may entail huge medical expenses on the part of the injured individual. They may require long term treatment and rehabilitation. The support of family and friends may be needed in these difficult times.

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Dangerous Proposals from Trucking Companies’ Lobbyists

Posted by on Sep 28, 2016 in Personal Injury | 0 comments

National Highway Traffic Safety Administration (NHTSA) records for 2013 show 3,964 fatal semi-trailer accidents and 95,000 others resulting to injuries. Despite this alarming numbers, the government remains cautious on imposing too many restrictions on trucking companies and truck operators due to the major contribution their huge vehicles give for the growth of the U.S. economy. In other words, imposing additional laws and restrictions on truckers may only cripple the country’s ability to do business.

The U.S. government has always shown its reluctance in burdening truck operators with higher taxes or in mandating that drivers be given higher wages. Well, let this be the case, at least for now. However, what it should never do is let its guard down against trucking companies’ lobbyists who are seeking and fighting for reforms on laws that will have a direct effect on the safe operation of big rigs, like, reforms on requirements on the qualification of applicant drivers, number of hours or service, safety standard for truck parts, size limit of double trailers, and, maintenance of a record that will show regular truck inspection. This is because specific proposals by trucking companies’ lobbyists include:

The extension of working hours from the already-exhausting 70-hour per week limit to 82 hours a week.
Trucks be allowed to haul loads heavier than the present federal limit, which is 80,000 pounds (one way to do this is to allow trucks to have longer double trailers); and,
Labor costs be reduced through the hiring of lower-paid drivers – those as young as 18;

Many trucking companies and truck operators face the problem of completing job runs and ensuring timely deliveries due to shortage in the number of qualified drivers. To keep their business in operation, many operators and employers now hire unskilled drivers, no longer screen applicants for past records or driving violations, take no action in punishing drivers who incur traffic violations, and require some drivers to drive longer than the allowed number of service.

Errors committed by drivers behind the wheel can have catastrophic results; so too are the errors committed by trucking companies and employers. Trucking companies are legally responsible in making sure that laws regarding employee hiring and safe vehicle operation are strictly observed, as this will greatly affect the well-being of everyone on the road. If and when trucking companies fail to uphold these standards, then they can be held financially responsible for their failure to act in accordance with the dictates of the law.

As explained by the Hankey Law Office, even the smallest abnormality in the operation of a semi-trailer can result in a multi-vehicle accident. Thus, truck drivers must absolutely be qualified and able to control these large trucks in any circumstance or situation. Trucking companies who put unqualified employees behind the wheel put the lives of all other drivers at risk and this is one blatant disregard for the safety of others that the law should never allow to go unpunished.

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Obtaining custody rights as a father

Posted by on Jun 26, 2016 in Child custody | 0 comments

Traditionally, obtaining custody rights as a father can prove difficult given the precedent of the court for siding with children’s mothers. Over the last fifteen years, several policies and legal provisions have been put in place to try to counteract this effect and according to a report out of the University of Wisconsin – Madison, these policies have helped to double shared custody cases from 15.8% to 30.5% from 1996 to 2007. The past few years have also seen a significant reduction in defaulting to mothers for sole child custody and an increase in fathers on the receiving end of child support payments.
Nevertheless, the prevailing beliefs that fathers seeking custody are using their children as pawns or trying to avoid paying child support often sway custody decisions away from paternal parties, regardless of the actual relationship the father has with their children. It is usually recommended that, in order to combat these preconceptions, fathers should strive to be the more agreeable party and try to push for shared custody initially. In addition, the University of Wisconsin report found that seeking council with an experienced, local divorce attorney can greatly influence the outcome of a custody case. Divorce-specialized local firms will tend to be more familiar with the current legal precedent for custody and provide very valuable insights that can mean the difference between a win and a loss in cases like these. In the end, though, the children are the most important party, according to divorce lawyers Holmes, Diggs & Sadler. Their opinions and the relationships they have with their parents are going to influence rulings more than any other factor.

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Protecting Yourself as a Trucker

Posted by on Jun 25, 2016 in Personal Injury, Truck driving | 0 comments

Trucking is a staple of interstate and international commerce that not only transports a large portion of goods across borders but employs several million Americans, including around 2 million truck drivers according to the Bureau of Labor Statistics. The job is proliferating as the economy and need for commercial transport grows, but while a career in trucking can certainly be flexible and rewarding, it is important to protect yourself from financial, physical, or legal injury.
According to the website of TBS Factoring, one key problem many truck drivers have is being paid reliably. While trucking companies usually promise to pay some have to wait several months before they see any compensation for their deliveries. Factoring companies get rid of the major inconvenience of long pay periods by allowing truck drivers to get paid for their freight deliveries the same day the delivery was made.
There are a number of health issues that plague the truck driving community–stress issues and sleep apnea being the major two according to trucking resource KeepTruckingSafe.org. Stress can be alleviated by taking “rest” breaks throughout the day to fit in regular exercise like walking or stretching and eating healthy meals and snacks. Sleep apnea is extremely dangerous for truck drivers as it is one of the leading causes of falling asleep at the wheel. If you think you may be suffering from sleep apnea, or have any of its symptoms such as loud snoring or labored breathing during sleep, see a physician as soon as possible to address the issue before it progresses into something much worse.
The biggest problem truck drivers typically face is road accidents. According to the National Highway Traffic Safety Administration, there were 333,000 large truck accidents in 2012. Additionally, over 107,000 of these involved parties that were killed or injured and the number of injuries due to truck accidents shot up 18 percent between 2011 and 2012. No matter which side of the accident you are on, the personal or vehicular damage done can be insurmountable, so it is incredibly important that truck drivers or those who drive in truck-heavy areas keep themselves protected and insured. Whether it’s due to a truck malfunction, truck driver negligence, or trucking company negligence, you can learn more about trucking accidents here.

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