Friday, August 29, 2014

Top Work Injuries and Illnesses in Healthcare Industry

Healthcare is the fastest-growing sector of the U.S. economy, according to the U.S. Centers for Disease Control and Prevention (CDC), employing over 18 million workers – the majority of which (80%) are women. Healthcare workers – including doctors, nurses, lab technicians, pharmacists, and a number of other professionals – are exposed to a wide range of occupational hazards.

Some of the most common healthcare work injuries include:

• Needlestick injuries
• Cuts
• Sprains
• Back Injuries
• Burns
• Repetitive stress injuries, such as carpal tunnel syndrome
• Latex allergies
• Exposure to infectious diseases

Unfortunately, the healthcare industry continues to account for a significant number of nonfatal work injuries and illnesses, whereas other dangerous industries – namely, construction and agriculture – have become safer in recent years. Needlestick injuries continue to be one of the most common injuries for healthcare workers. The Centers for Disease Control and Prevention estimates that approximately 600,000 to 800,000 needlestick injuries occur each year in the United States. In an effort to reduce needlestick injuries, there are various laws and regulations in place to promote safe working environments for healthcare workers. For instance, the Illinois Needlestick Safety and Prevention Act imposes various safety regulations on Illinois hospitals and certain other employers regarding sharp objects.

If you work in the healthcare industry and suffered a work injury or illness, you are likely entitled to workers’ compensation benefits. Workers’ compensation laws require employers to provide workers’ compensation benefits to injured employees regardless of who was at fault for the injury. Depending on the applicable state laws and regulations, injured healthcare workers may be able to receive the following workers’ compensation benefits:

• Medical expenses, including doctor visits, follow-up visits, physical therapy, and prescription medications.
• Temporary total disability (TTD), up to a weekly maximum payment amount, if you are unable to work while recovering.
• Permanent total disability (PTD) or permanent partial disability (PPD) benefits based on a percentage of your pre-injury wage, up to a weekly maximum payment amount.
• In some cases, vocational rehabilitation benefits such on-the-job training, schooling, or job placement assistance.

Workers’ compensation benefits are typically based on the injured workers’ pre-injury salary and are subject to minimum and maximum amounts, as determined by state law. Although injured workers are entitled to workers’ compensation benefits, employers sometimes do not provide the benefits in a prompt manner or they may seek to reduce the amount of benefits that are paid. A workers’ compensation lawyer can help protect your legal rights and ensure that you receive full and fair compensation following a work injury or illness.

ABOUT THE AUTHOR: Howard Ankin of Ankin Law Office, LLC
Howard Ankin of Ankin Law Office LLC focuses on handles workers’ compensation and personal injury cases.

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Source: hg.org

Internet Crimes can Amount to a Wide World of Trouble - Also Larceny Basics in Las Vegas

For individuals dealing with internet crimes in Las Vegas Nevada or Larceny charges, here are a few details about what this means to you.

Internet law is a relatively new specialty area, and continues to evolve with as technology changes. Online criminal activity can include everything from the solicitation of a minor to fraud, with there being varying degrees of punishment for each offense.
They are addressed in various chapters of the Nevada Revised Statute, and some may also be federal offenses because they happen across state lines. Punishment can include jail time, fines, probation or even restitution to the victim.

Regardless of the nature of the offense, one common element is needed in order to prove any of them. That element is intent, as an individual must intend to perform a criminal act in order to be found guilty of it. As such, accidentally visiting an offensive site or having your computer hacked into could both be valid defenses for Internet crimes, depending upon their nature.

The amount of evidence presented in one of these cases sometimes includes several thousand pages of documents, along with extensive computer forensic reports. Sorting through all this evidence is a daunting task, which is why those accused of an Internet crime should seek legal assistance.

Larceny Crimes in Las Vegas:

Chapter 205 of the Nevada Revised Statute deals with the crime of larceny, dividing it into basically two categories. The first is petit larceny, defined in Section 205.240 as happening whenever someone intentionally steals property valued at less than $650. The taking of property valued at more than $650 is considered grand larceny, which also carries stiffer penalties.

Petit larceny is normally punished as a misdemeanor, and can result in a short jail sentence, fines, and probation. The accused may also be required to pay restitution to the victim to cover his or her loss. The punishment for grand larceny is usually a minimum jail sentence of one year, with the maximum being as much as ten years. This sentence is in addition to any other fines and penalties allowed by law.

Larceny is sometimes committed as part of a prank, in which case a valid defense could be lack of intent. Eyewitness misidentification is another common reason why innocent people are accused of larceny. If police overstepped their bounds in confiscating evidence, an attorney could file a motion asking to have that evidence dismissed.

AUTHOR: Potter Criminal Defense Marketing

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Source: hg.org

What Are Workers' Compensation Vocational Rehabilitation Benefits?

Each year millions of workers are injured in on-the-job accidents. While many of those injured workers will be able to return to their existing job after a period of recovery, some injured workers are injured to an extent that they are unable to return to their pre-injury job. In these situations, the injured worker may be able to receive vocational rehabilitation benefits under the applicable state workers’ compensation program in order to help him or her obtain a new job.

Injured workers are generally entitled to various workers’ compensation benefits, as determined by state law, when they are injured in an on-the-job accident, regardless of who was at fault. While the specific terms of the benefits, including amount and length of time the benefits are available, vary from state-to-state, injured workers are typically entitled to the following benefits:

• Medical expenses
• Temporary total disability (TTD) if the employee is unable to work while recovering
• Permanent total disability (PTD) or permanent partial disability (PPD) if the employee is unable to work at all
• Vocational rehabilitation benefits
Temporary total disability, permanent total disability, and permanent partial disability benefits are usually based on a percentage of the employee’s pre-injury wages and will be subject to certain limits, as determined by state law. 

In some cases, an injured worker may be able to receive vocational rehabilitation benefits, in additional to financial compensation benefits. Vocational rehabilitation benefits are most often awarded in those situations in which an injured worker cannot return to his or her pre-injury job but is capable of performing a different job. Vocational rehabilitation benefits may include services such as: occupational counseling, assistance with job searches, job search programs, vocational retraining, and educational classes at an accredited learning institution.

Most states impose certain requirements on injured workers in order to receive vocational rehabilitation benefits, however. It is important that employees know and understand their workers’ compensation rights and obligations so that they can receive the benefits that they are owed, and comply with the applicable legal requirements to continue receiving the benefits. For instance, if an injured worker fails to adhere to the established vocational rehabilitation plan, or misses appointments with his or her vocational counselor, he or she could forfeit any additional vocational rehabilitation benefits. 

A workers’ compensation lawyer can be instrumental in helping an injured worker obtain the benefits to which he or she is entitled, and educating the injured worker on his or her obligations.

ABOUT THE AUTHOR: Howard Ankin of Ankin Law Office, LLC
Howard Ankin of Ankin Law Office LLC focuses on workers’ compensation and personal injury cases.

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Source: hg.org

Divorce and Credit Card Debt – Known and Unknown

More and more couples are racking up excessive amounts of debt. To make matters worse, some debt, especially credit card debt, is hidden from the other spouse. Some blame this phenomenon on the fact that more marriages consist of two-income couples. Each spouse may find it difficult to relinquish control of his or her own money. But when divorce is on the horizon, how is this debt ultimately divided?

Many couples worry about the effect divorce will have on their credit card debt and their offsetting credit score. Some worry about how this debt will be divided. Some worry about a spouse running up significant charges during the divorce process. Others worry that certain credit cards or charges that have been hidden from their spouse will now be discovered or be forced to be made public--or the consequence of financial infidelity.

As a general rule in an equitable division state like Missouri debts incurred during the marriage for marital purposes is marital debt. This may hold true even if it’s listed in one spouse’s name only. The key requirements for a debt to be marital are: 1) it was incurred during the marriage and 2) for a marital purpose. However, in most cases, each spouse will be held responsible for credit card debt listed in his/her own name, but there is no guarantee that will happen.

Many couples open joint credit cards since both incomes can be used to establish a higher credit limit. These cards are usually considered marital and the court will decide how to divide the debt between parties based on what fits into the overall asset/debt distribution. But what about debt that is unknown to the other party?

Surveys indicate that 40-50% of all married people hide bills from their spouses. Sometimes this is the result of hiding expenses incurred during an extramarital affair. Sometimes this is the result of a spouse spending secretly to avoid the constraints of a couple’s budget. Sometimes this is a spouse opening an account in the other spouse’s name or in joint names and running up a bill…and the reasons go on. The question arises: Is financial infidelity a factor the court can take into consideration in determining property division including the division of marital debt?

Under Section 452.330 RSMo the court can consider the conduct of the parties during the marriage in determining the division of marital property and marital debt. In addition, the court is asked to consider the economic circumstances of each spouse at the time of the effective date of the division of property. Even though most individuals think that “conduct” refers to an affair or offensive treatment, financial spending and hiding marital debt is a major cause of divorce and what circumstance can be more disturbing than the disclosure of major, previously-unknown marital debt? So, what are your options?

• Determine all debt your spouse is hiding from you. Start with a credit report on yourself and one on your spouse. If there is a credit card or debt that you know nothing about, request copies of documents used in opening the account(s) and statements with itemized charges.
• Look further at bank and brokerage statements and cash withdrawals.
• Review your tax returns. Sometimes one spouse handles the finances and the other is kept in the dark. This excuse will not stand up in court.
• Gather all information regarding your finances. No guesses, just facts.

In addition, your spouse may agree to pay a joint debt or the judge may order the spouse to pay a joint debt. However, that liability remains a joint obligation to the creditor. Neither agreement binds the creditor who may sue should your ex default on payment. To avoid this contingent liability, get rid of joint accounts: through refinancing; paying off with funds from the divorce settlement; or by the other spouse opening a credit card in his/her name to transfer the balance from the joint account. It is critical that all joint credit card accounts be closed to all future charges when the marriage ends.

Divorce is challenging. The division of property and debt is stressful. But by reestablishing credit in your own name and monitoring your credit reports, you will be taking the first step in controlling your financial future.

AUTHOR: Kirk C. Stange, Esq. Kirk C. Stange is managing partner of Stange Law Firm, PC, which is a family law firm with multiple offices in Missouri and Illinois.

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Source: hg.org

Tips to Select the Best Immigration Lawyer in California

Keep in mind that it’s not that easy to choose a skilled professional among the great variety of the immigration lawyers in California. If you want to change your residency status in the United States, you should approach the matted correctly and consider the great amount of the paperwork you’ll have to deal with.
The right lawyer will ensure that your case can be managed timely and without any inconvenience.

Consider the following when choosing the immigration lawyer in California:

It's important to make sure your attorney is licensed to offer the service and has the right credentials. You can check that information in the law office or by calling the local bar association. You will get to know about any disciplinary proceedings the lawyer has ever faced.

Ask trusted people if they recommend any immigration lawyer in California. The local lawyers association will barely recommend any particular attorney, so make sure you’ve gained enough recommendations from your friends, family members etc. In this manner you will also easily get the negative feedbacks about the specialist.

Don’t necessarily look for an attorney with high fees. The best immigration lawyers in California do usually charge high fees in proportion with the qualified service, but not every expensive attorney is qualified. Look for a lawyer with good reputation, whose fees are reasonable for you.

It can be advantageous for you if the chosen attorney also provides the additional services. You will save a lot of effort and time if you get all your legal work from the same specialist. You can also get help with managing your debt in the most efficient and timely matter if you deal with the best immigration lawyer in California, who is also a bankruptcy attorney.

In case you are still confused by the means of finding the right immigration Lawyer in California, the simplest way to find immigration law firms or individual lawyers is through a simple online search like in case with any other service. You can also be easily provided by the feedbacks, usually included in the related website section.

Approach your case with care, because by choosing the best possible attorney, you will save your effort, time and will get the right legal status in the United States.

ABOUT THE AUTHOR: John Akopian
Akopian Law Firm is a full service firm comprised of dedicated immigration, bankruptcy and criminal attorneys and consultants who are committed to providing the highest quality support services for families and individuals

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Source: hg.org

Wednesday, August 27, 2014

HCAI Data: Most Early Treatment Is Provided By Chiropractors and Physiotherapists

The IBC has now published the standard HCAI reports for the first half of 2014. The document provides over 75 pages of aggregate data collected by HCAI going back to 2011. HCAI was made mandatory on February 1, 2011.

The standard reports are published on an “accident half year” basis. In accident half year statistics, the experience of all claims with accident dates in the same accident half year is grouped together. The accident half years are defined as calendar half years, with January to June being the first half and July to December being the second half for each of the stated years.

The chart below sets out the treatment reported on the HCAI system by healthcare profession.  It shows that the majority of claimants see a chiropractor or physiotherapist which is expected since the majority claims are strains and sprains.  But as the claims develop, claimants are seeing additional healthcare professionals.  In the most recent accident half year (first half of 2014) claimants saw an average of 1.5 professionals.  For the second half of 12013, claimants saw an average of 2.1 professionals and in the first half of that year 2.4 professionals.

The largest increases in interventions for older claims relate to physicians and psychologists. Because the data includes both treatment intervention and assessments, this is expected outcome. Older claims are more likely to undergo an independent medical assessment or a psychological assessment.  There appears to be minimal growth in chiropractic and physiotherapy interventions over time.