Guide to Planning a Property Development Project in Thailand
by: Kert Stavorn
Guide to Planning a Property Development Project in Thailand
Property development is a complex business process and like all businesses, proper planning is essential. Unlike other businesses, property development involves many intricate steps and solid financial management. Property development often brings to mind stories about rags to riches. Sometimes, it is even seen as the ticket to our early retirement. However, property development is certainly not for the faint hearted and requires just as much effort, if not more, as any other businesses to yield a healthy turnover. The good news is though, with good planning and a healthy dose of hard work, a property development can indeed produce a very profitable income for the developer.
There are so many different types of property development so it is important to set out from the outset what the end goal is. This is important because the implementation of works in a project can be a lengthy operation requiring a myriad of resources and a host of variables. In this article, we will concentrate on property or real estate development as opposed to land development or 'fixer-uppers'. Property or real estate development can be defined as the construction of physical buildings on raw land. This can take the form of residential, commercial, institutional, recreational or industrial projects. Further classification can be made on the complexity of the intended buildings or whether the project is a high or low-rise structure.
Stages of Property Development
In general, the steps in a development project can be broken down into five stages. They are, in respective order, inception and feasibility, design, tendering, construction and handover and maintenance. This article will focus on the first stage of a project development. This first step is important as it will let you know early on whether the project will be worth your time and effort and provides a strategic structure with which to establish the rest of the development stages. In practice, this is often considered by practitioners to be the most difficult and challenging stage since if it is not handled with care, it could potentially be a recipe for disaster later on.
Getting Started
The first thing to do is to arrange your finances and outline a budget for your project. Armed with this, you would then go out in search of suitable block of land with potential for development. It is a good idea at this stage to have your team of consultants ready at hand. You can either have a development manager who can coordinate the whole process or you can liaise individually with a number of advisers which may include a lawyer, an architect, a quantity surveyor, urban planner and an estate agent to provide you with initial advice on the property and the marketability of any possible development. Together with your advisers, this is also the stage where you identify your project objectives.
Land Resolutions
The next stage is to ascertain if there are any issues with the land. Find out if there are any zoning laws or ministerial regulations which may affect what or how much you can build on the land. In most coastal properties, restrictions regarding the height of buildings may also be in place. To find this out, you will need to check with the local district or land office where the land is located. You should also conduct a standard due diligence on the land which includes finding out issues relating to title, discovering if there are any easements or any other covenants on title which may impede your project. This is also a good time to find out what licensing will be required for your proposed project and whether your project will need a property allocation license for the subdivision of separate plots.
Environmental Regulations
Environmental concerns are also becoming more prominent for property developers today. In late 2007, the Office of National Resources and Environmental Policy and Planning (ONEP) issued a new regulation requiring every new property project to plant a tree at least five meters in height and width for every air conditioning unit that ranges between 12,000 to 24,000 BTU. Also, a condominium project in Thailand which has more than 79 units or housing projects with a land area of more than 100 rai or about 40 acres will need to apply for an Environmental Impact Assessment (EIA). Smaller projects may also need to have an Initial Environmental Evaluation (IEE) done.
Starting a Project Brief
After all this evaluation and checks on the land, we will then need to set up a 'User's Requirement' in the form of a preliminary project brief. This is where you assess what the market wants in that area and build something that you believe would sell or lease well. Take a look around the neighborhood and consider issues relating to town planning and urban design. It should be noted that the User's Requirements are progressively refined and honed into a detailed project brief throughout the design and tendering stages so do not be too concerned if you haven't figured out exactly what it is you want to build.
The Feasibility Study
Now is time to do that all important number crunching session in a feasibility study. We will normally begin by identifying the criteria and the parameters we need when we consider the technical and financial aspects of the project. This includes, among others, time scales, costs for consultants, cost of construction as well as the likely end sale values and the profit margin you want to make. There are many softwares out there today that can help make this part faster, cheaper and easier. It can generate reports and offer recommendations on the likely success of the project. Nonetheless, a project's success depends a lot on this feasibility study as this is what allows you to make an informed decision. Sufficient time, resources, and expenses should be allocated to ensure that the objectives can and will be achieved in the later stages.
Organizing the Team and Project
Finally, the only thing left to do in this first stage of the process is to set up a project organization and management structure. This is important in the process as it outlines the players and their roles in the project. It also sets out accountabilities and provides a framework with which everyone can work with to achieve the final goal.
Final Word
The planning stage of any property developments requires a lot of hard work and perseverance. Property development is an inherently risky business as capital expenditure is often high and liquidity is, by nature of having property as its main asset, extremely low. Financial management is crucial to the success of a project development and in order to have good financial management, it is essential to have good planning of all the technical aspects of the project. At least with good planning, you will know early on whether to continue on with the project and proceed to the next stage.
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Monday 2 June 2008
- Injuries Under Georgia Workers' Compensation - What Injuries Are And Are Not Covered?
Injuries Under Georgia Workers' Compensation - What Injuries Are And Are Not Covered?
by: Aaron Walter
This article is made available for educational purposes only, to give you general information and a general understanding of the law, not to provide specific legal advice. This should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
You know you are injured, but is your injury covered by Workers' Compensation?
Georgia's workers' compensation laws require that for compensation to be due, an injury to an employee must 1) "arise out of" and 2) "in the course of" employment. These are deceptively complicated requirements here in Georgia. There is no clear cut test for either of these requirements. Below are some of the major considerations:
"Arising out of employment"
Must be a causal connection between the condition of the work and the resulting injury
Injury must relate to the employment and not be independent if it
An accident arises out of employment when the accident arises because of the employment
"In the course of employment":
An accident must occur within the time period of employment
At a place where the employee reasonably may be in the performance of their duties
While the employee is fulfilling their duties
Is my at-work injury covered by workers' compensation?
Aggravation of preexisting conditions
Your employer is required to pay for an at-work aggravation of your preexisting conditions. However, they are only required to compensate you to the point where you have returned to the pre-aggravation condition. For example, if you are over the age of 40, your back is likely not as healthy as it was when you were in your 20s. You might have what doctors call "degenerative discs" in your spine. These discs can be injured more easily than healthy discs, but your employer would still need to compensate you should you injure your back at work.
Occupational Diseases
Your employer may be required to pay for an "injury" due to a disease which is a specific risk of your job. In some rare circumstances this can include a psychological or nervous injury due to long-term stress or other job-related factors. There can be complicated limitations to coverage for occupational diseases. If you wish to proceed with a claim based on a disease believed to be developed out of the course of your employment, it is highly advisable that you contact an attorney.
Practical jokes/horseplay injuries
An employer is not required to pay for an injury to a party engaging in horseplay or practically joking during working hours. However, an injury suffered by an innocent employee due to the horseplay of a fellow employee is covered.
On the job fights/assault
Generally, injuries during fights at work are not compensable where the fight is not related to your employment. Additionally, an injury resulting from an assault by a third party (non-employee) at work is not covered where the assault by a third party is for reasons personal to the employee. For example, the assault of a store clerk during a robbery would be compensable, but an assault by a fellow employee or third party arising from a dispute over who has the fastest car would not be compensable.
Psychological or emotional illnesses
Generally, psychological or emotional injuries are only covered to the extent that the condition arises from a physical injury. In other words, if an employee develops a psychological condition, like depression, based on a purely emotional situation it likely would not be covered. However, if the same condition resulted from an underlying physical injury, it would be covered. Additionally, if an emotional injury, like stress, manifests itself in a physical way, those physical injuries (ex. headaches or blurred vision) may be covered by workers' compensation.
Is my off/after work injury covered by workers' compensation?
Off-work aggravation of work injuries
You employer is required to pay for many off-work aggravation of work injuries. However, an employer would not have to pay for an injury if it was found that the negligence of the injured employee in aggravating the condition had completely broken the connection to the previous injury.
After work activity injuries
If you are injured while not actually working, but participating in a work activity or recreation event (like a company picnic or softball game) the injury may be covered by workers' compensation. While no one fact controls, below are several factors that may be weighed to determine whether the injury is covered. Did the accident occur on the employer's premises? Was the event/team organized by the employer? Did the employer pay for the activity? Did the employer benefit from employee participation in the event?
Injuries going to and from work
For employees who work at a fixed location and do not travel as part of their job (unlike taxi cab drivers, truckers, pizza delivery persons), injuries sustained while going to or from work are not covered. However, there are some exceptions to this rule:
When an employer has furnished transportation to the employee
When the employee runs a beneficial errand for the employer while going to or leaving work (ex. an accident while dropping off mail for your employer on the way home)
When the employee is on call
When the employee is reimbursed for transportation costs
When the injury occurs in your employer's parking lot as you arrive or leave
Rest Breaks/Lunch Breaks
Injuries during scheduled lunch or rest breaks are generally not covered by workers' compensation. However, injuries during unscheduled rest breaks may be covered in some instances, depending on the employer's rules regarding breaks as well as what you were doing during that break.
During both lunch and rest breaks, if you are doing something in furtherance of your employer's business or by your employer's instruction, an injury during that time is likely covered by workers' compensation. Examples include running an errand for your boss during lunch or carrying tool from one part of a shop to another during a rest break. These actions transform the non-work period into covered time.
Business Related Travel
When traveling on business for your employer, most injuries are going to be covered regardless of when it occurs. However, there are exceptions to this rule.
Notifying your employer of an injury
Notice of the injury must be given either orally or in writing within 30 days after the accident or within 30 days after a death from an accident. There are however, some exceptions to this rule. When the employee has been prevented from giving notice by physical or mental incapacity. When the employee is prevented from giving notice by the employer's fraud or deceit. When the employer (or a supervisor or foreman) has knowledge of the accident.
Your employer must be told not only of an accident, but that you were injured from the accident. However, this notice does not need to come directly from an injured employee. It could come, for example, from an employee's spouse, child, or a fellow employee. The notice must be made to someone in management (like a supervisor or foreman), not just a fellow employee.
If an injury is not known until more than 30 days after the accident, the 30 day period does not begin to run until you first had reason to realize the injury was from the accident. In the case of a gradual injury (like a slowly developing back problem) that causes you to stop working, you must still give notice to the employer that you are stopping work because of the work-related injury.
by: Aaron Walter
This article is made available for educational purposes only, to give you general information and a general understanding of the law, not to provide specific legal advice. This should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
You know you are injured, but is your injury covered by Workers' Compensation?
Georgia's workers' compensation laws require that for compensation to be due, an injury to an employee must 1) "arise out of" and 2) "in the course of" employment. These are deceptively complicated requirements here in Georgia. There is no clear cut test for either of these requirements. Below are some of the major considerations:
"Arising out of employment"
Must be a causal connection between the condition of the work and the resulting injury
Injury must relate to the employment and not be independent if it
An accident arises out of employment when the accident arises because of the employment
"In the course of employment":
An accident must occur within the time period of employment
At a place where the employee reasonably may be in the performance of their duties
While the employee is fulfilling their duties
Is my at-work injury covered by workers' compensation?
Aggravation of preexisting conditions
Your employer is required to pay for an at-work aggravation of your preexisting conditions. However, they are only required to compensate you to the point where you have returned to the pre-aggravation condition. For example, if you are over the age of 40, your back is likely not as healthy as it was when you were in your 20s. You might have what doctors call "degenerative discs" in your spine. These discs can be injured more easily than healthy discs, but your employer would still need to compensate you should you injure your back at work.
Occupational Diseases
Your employer may be required to pay for an "injury" due to a disease which is a specific risk of your job. In some rare circumstances this can include a psychological or nervous injury due to long-term stress or other job-related factors. There can be complicated limitations to coverage for occupational diseases. If you wish to proceed with a claim based on a disease believed to be developed out of the course of your employment, it is highly advisable that you contact an attorney.
Practical jokes/horseplay injuries
An employer is not required to pay for an injury to a party engaging in horseplay or practically joking during working hours. However, an injury suffered by an innocent employee due to the horseplay of a fellow employee is covered.
On the job fights/assault
Generally, injuries during fights at work are not compensable where the fight is not related to your employment. Additionally, an injury resulting from an assault by a third party (non-employee) at work is not covered where the assault by a third party is for reasons personal to the employee. For example, the assault of a store clerk during a robbery would be compensable, but an assault by a fellow employee or third party arising from a dispute over who has the fastest car would not be compensable.
Psychological or emotional illnesses
Generally, psychological or emotional injuries are only covered to the extent that the condition arises from a physical injury. In other words, if an employee develops a psychological condition, like depression, based on a purely emotional situation it likely would not be covered. However, if the same condition resulted from an underlying physical injury, it would be covered. Additionally, if an emotional injury, like stress, manifests itself in a physical way, those physical injuries (ex. headaches or blurred vision) may be covered by workers' compensation.
Is my off/after work injury covered by workers' compensation?
Off-work aggravation of work injuries
You employer is required to pay for many off-work aggravation of work injuries. However, an employer would not have to pay for an injury if it was found that the negligence of the injured employee in aggravating the condition had completely broken the connection to the previous injury.
After work activity injuries
If you are injured while not actually working, but participating in a work activity or recreation event (like a company picnic or softball game) the injury may be covered by workers' compensation. While no one fact controls, below are several factors that may be weighed to determine whether the injury is covered. Did the accident occur on the employer's premises? Was the event/team organized by the employer? Did the employer pay for the activity? Did the employer benefit from employee participation in the event?
Injuries going to and from work
For employees who work at a fixed location and do not travel as part of their job (unlike taxi cab drivers, truckers, pizza delivery persons), injuries sustained while going to or from work are not covered. However, there are some exceptions to this rule:
When an employer has furnished transportation to the employee
When the employee runs a beneficial errand for the employer while going to or leaving work (ex. an accident while dropping off mail for your employer on the way home)
When the employee is on call
When the employee is reimbursed for transportation costs
When the injury occurs in your employer's parking lot as you arrive or leave
Rest Breaks/Lunch Breaks
Injuries during scheduled lunch or rest breaks are generally not covered by workers' compensation. However, injuries during unscheduled rest breaks may be covered in some instances, depending on the employer's rules regarding breaks as well as what you were doing during that break.
During both lunch and rest breaks, if you are doing something in furtherance of your employer's business or by your employer's instruction, an injury during that time is likely covered by workers' compensation. Examples include running an errand for your boss during lunch or carrying tool from one part of a shop to another during a rest break. These actions transform the non-work period into covered time.
Business Related Travel
When traveling on business for your employer, most injuries are going to be covered regardless of when it occurs. However, there are exceptions to this rule.
Notifying your employer of an injury
Notice of the injury must be given either orally or in writing within 30 days after the accident or within 30 days after a death from an accident. There are however, some exceptions to this rule. When the employee has been prevented from giving notice by physical or mental incapacity. When the employee is prevented from giving notice by the employer's fraud or deceit. When the employer (or a supervisor or foreman) has knowledge of the accident.
Your employer must be told not only of an accident, but that you were injured from the accident. However, this notice does not need to come directly from an injured employee. It could come, for example, from an employee's spouse, child, or a fellow employee. The notice must be made to someone in management (like a supervisor or foreman), not just a fellow employee.
If an injury is not known until more than 30 days after the accident, the 30 day period does not begin to run until you first had reason to realize the injury was from the accident. In the case of a gradual injury (like a slowly developing back problem) that causes you to stop working, you must still give notice to the employer that you are stopping work because of the work-related injury.
- Tax Lawyer Disbarred; the Details are Juicy, Indeed
Tax Lawyer Disbarred; the Details are Juicy, Indeed
by: Gary E Rosenberg
Matter of James P. Colliton (First Dept.; Admitted to Bar: 1989). Discipline imposed: Disbarred
This one ends with a whimper, rather than a bang.
Attorney Colliton worked at the top law firm of Cravath Swaine & Moore, earning, like, half-a-mil ($500,000) a year. He had a wife and kids upstate in Poughkeepsie, and spent his days perusing the complexities of our tax laws.
Colliton, age 39, had a taste for underage girls. You may remember this case from the newspapers. Arrested in September, 2006, Colliton claimed that the two teenage sisters that he had sex with, aged 13 and 15, were imped to him by their mother.
Before he could be arrested, he tried to run away. He ran to Toronto, Canada, but was released due to a communication foul up. He fled back to Manhattan.
Finally, he was arrested alone in his room at a flea bag hotel in Manhattan. This criminal mastermind made the desk clerk suspicious when he tried to register under two different names.
He was recognized, and the cops called.
According to Manhattan District Attorney Robert Morgenthau, Colliton was carrying identification in the name of "James Sullivan," and "had a bag with a lot of cash in it and a lot of American Express gift cards."
Finally, as related by the Departmental Disciplinary Committee:
On October 2, 2007, respondent [Colliton] pleaded guilty in Supreme Court, New York County, to rape in the second degree in violation of Penal Law § 130.30(1), a class D felony, and to patronizing a prostitute in the third degree in violation of Penal Law § 230.04, a class A misdemeanor, in full satisfaction of Indictment No. 0861-2006. On that same day, respondent also pleaded guilty to rape in the third degree in violation of Penal Law § 130.25(2), a class E felony, in full satisfaction of Indictment No. 1748-2006. The charges to which respondent pled guilty alleged that he engaged in sexual intercourse with a person who was less than 15 years old and a person who was less than 17 years old, and that he patronized a prostitute who was less than 17 years old. On October 11, 2007, respondent was sentenced to a term of imprisonment of one year on each charge, to be served concurrently, and was required to register as a sex offender.
And the case ends with a whimper: Upon conviction of a felony, Colliton was automatically disbarred, and so holds the Departmental Disciplinary Committee.
Commentary: This rather dry opinion marks the end to a high-paying legal career. It being well known that prison is particularly tough for child molesters, one can only wonder as to how tough prison will be for a child-molesting tax attorney.
by: Gary E Rosenberg
Matter of James P. Colliton (First Dept.; Admitted to Bar: 1989). Discipline imposed: Disbarred
This one ends with a whimper, rather than a bang.
Attorney Colliton worked at the top law firm of Cravath Swaine & Moore, earning, like, half-a-mil ($500,000) a year. He had a wife and kids upstate in Poughkeepsie, and spent his days perusing the complexities of our tax laws.
Colliton, age 39, had a taste for underage girls. You may remember this case from the newspapers. Arrested in September, 2006, Colliton claimed that the two teenage sisters that he had sex with, aged 13 and 15, were imped to him by their mother.
Before he could be arrested, he tried to run away. He ran to Toronto, Canada, but was released due to a communication foul up. He fled back to Manhattan.
Finally, he was arrested alone in his room at a flea bag hotel in Manhattan. This criminal mastermind made the desk clerk suspicious when he tried to register under two different names.
He was recognized, and the cops called.
According to Manhattan District Attorney Robert Morgenthau, Colliton was carrying identification in the name of "James Sullivan," and "had a bag with a lot of cash in it and a lot of American Express gift cards."
Finally, as related by the Departmental Disciplinary Committee:
On October 2, 2007, respondent [Colliton] pleaded guilty in Supreme Court, New York County, to rape in the second degree in violation of Penal Law § 130.30(1), a class D felony, and to patronizing a prostitute in the third degree in violation of Penal Law § 230.04, a class A misdemeanor, in full satisfaction of Indictment No. 0861-2006. On that same day, respondent also pleaded guilty to rape in the third degree in violation of Penal Law § 130.25(2), a class E felony, in full satisfaction of Indictment No. 1748-2006. The charges to which respondent pled guilty alleged that he engaged in sexual intercourse with a person who was less than 15 years old and a person who was less than 17 years old, and that he patronized a prostitute who was less than 17 years old. On October 11, 2007, respondent was sentenced to a term of imprisonment of one year on each charge, to be served concurrently, and was required to register as a sex offender.
And the case ends with a whimper: Upon conviction of a felony, Colliton was automatically disbarred, and so holds the Departmental Disciplinary Committee.
Commentary: This rather dry opinion marks the end to a high-paying legal career. It being well known that prison is particularly tough for child molesters, one can only wonder as to how tough prison will be for a child-molesting tax attorney.
- Lawyer Violates Client Confidentiality and Gets Suspended
Lawyer Violates Client Confidentiality and Gets Suspended
by: Gary E Rosenberg
Matter of Michael Caliguiri Appellate Division, First Dept. Admitted to Bar: 1980. Discipline imposed: One year suspension from practicing law.
>From 1984 until 2003 Caliguiri was employed by Garbarini & Scher, a law firm that mostly represented doctors and hospitals that were sued for medical malpractice. Caliguiri became the firm's managing partner in 1999. Medical Liability Mutual Insurance Co. (MLMIC), a huge insurer of doctors, was one of the firm's major clients.
In light of Caliguiri's expertise, a neighbor of Caliguiri's asked him to answer medical malpractice questions from one of his partners, for which no money changed hands. Caliguiri knew that the defendant doctor being sued by the neighbor's law firm was insured by MLMIC.
Caliguiri's wife worked for MLMIC and secretly copied MLIC's confidential file on the neighbor's law firm's case and gave it to Caliguiri. Both Caliguiri and his wife testified that she did this without Caligiuri ever asking her to do so. Caliguiri had looked at the file, which confirmed his opinion that MLMIC would not voluntarily settle the case because it felt it could successfully defend it.
The neighbor's law firm disclosed Caliguiri's participation to MLMIC and the medical malpractice case was settled.
At the end of 2005 Caliguiri left Garbarini & Scher over "philosophical differences." One month later his wife was fired by MLMIC.
Caliguiri says: The opinion he gave about the way the case would proceed was the same before he read the documents as after. In other words, he did not formulate his advice based on something he learned from the file.
The Appellate Division found: that while it believed that Caliguiri did not ask for his wife to copy MLMIC's file, he should never have even looked at it.
Despite the fact that Caliguiri made no money (there was no personal gain at all) the Appellate Division held that his conduct violated the attorney-client privilege, and that he should have kept secret his client's confidential information, even though his law firm was not even representing the client for that particular case.
Commentary: The Court actually toyed with imposing a longer suspension, but found that in addition to not gaining financially from his misconduct, Caliguiri showed "profound remorse" and had suffered devastating financial and personal consequences. It also helped that he had a clean disciplinary record, this being his first infraction in an otherwise clean 25-year legal career.
by: Gary E Rosenberg
Matter of Michael Caliguiri Appellate Division, First Dept. Admitted to Bar: 1980. Discipline imposed: One year suspension from practicing law.
>From 1984 until 2003 Caliguiri was employed by Garbarini & Scher, a law firm that mostly represented doctors and hospitals that were sued for medical malpractice. Caliguiri became the firm's managing partner in 1999. Medical Liability Mutual Insurance Co. (MLMIC), a huge insurer of doctors, was one of the firm's major clients.
In light of Caliguiri's expertise, a neighbor of Caliguiri's asked him to answer medical malpractice questions from one of his partners, for which no money changed hands. Caliguiri knew that the defendant doctor being sued by the neighbor's law firm was insured by MLMIC.
Caliguiri's wife worked for MLMIC and secretly copied MLIC's confidential file on the neighbor's law firm's case and gave it to Caliguiri. Both Caliguiri and his wife testified that she did this without Caligiuri ever asking her to do so. Caliguiri had looked at the file, which confirmed his opinion that MLMIC would not voluntarily settle the case because it felt it could successfully defend it.
The neighbor's law firm disclosed Caliguiri's participation to MLMIC and the medical malpractice case was settled.
At the end of 2005 Caliguiri left Garbarini & Scher over "philosophical differences." One month later his wife was fired by MLMIC.
Caliguiri says: The opinion he gave about the way the case would proceed was the same before he read the documents as after. In other words, he did not formulate his advice based on something he learned from the file.
The Appellate Division found: that while it believed that Caliguiri did not ask for his wife to copy MLMIC's file, he should never have even looked at it.
Despite the fact that Caliguiri made no money (there was no personal gain at all) the Appellate Division held that his conduct violated the attorney-client privilege, and that he should have kept secret his client's confidential information, even though his law firm was not even representing the client for that particular case.
Commentary: The Court actually toyed with imposing a longer suspension, but found that in addition to not gaining financially from his misconduct, Caliguiri showed "profound remorse" and had suffered devastating financial and personal consequences. It also helped that he had a clean disciplinary record, this being his first infraction in an otherwise clean 25-year legal career.
- Lawyer Advertising That Means Nothing
Lawyer Advertising That Means Nothing
by: Gary E Rosenberg
1. We get quick settlements.
Now any lawyer might make a telephone call to try to negotiate a settlement. And settlements are usually good things: an agreement between the opposing parties to the mutual benefit of each.
But it is a mistake to hire a law firm that advertises that its goal is to settle cases. You see, there are few secrets in this business. Many lawyers know each other or each other's firms or each other's reputations. And this "quick settlement" advertisement is out there just to attract new clients. It says nothing good about the quality of that law firm's services. In reality, a firm known for settling cases is a firm that won't fight.
I would rather hire the lawyer who has a reputation for being tough on defendants and their insurance carriers - who strikes fear in their hearts - than hire a lawyer who is known as a quick or easy settler. Because the insurance companies know who these lawyers and law firms are. You can not get top dollar for your case with the "quick settlers" because the insurance carriers know these law firms want the quick settlement and won't go to court. Such firms need to settle, to live up to their advertising. Is that who you really want to handle your accident case? Remember, you don't get a second chance to get top dollar.
2. [Fill in the number] years combined experience.
Now I have 23 years of experience practicing law. Would that really be equal to four attorneys with five years experience and one with three years experience? No.
3. Free consultation.
All personal injury attorneys give one.
4. No fee unless successful.
Most personal injury attorneys utilize this type of fee called a "contingent" or "contingency" fee and based on a percentage of the money recovered, typically, one-third. YOU NEED TO KNOW that you, the client, remains responsible for case expenses and disbursements, such as: court filing fees, fees for medical and hospital records, expenses of investigation, court reporter fees, and the like. Your lawyer is supposed to tell you that the costs and disbursements remain you, the client's, responsibility.
Advancing case expenses is like an interest-free loan that the attorney makes on every accident case. This is a loan that the client must repay when his or her case settles. This is not the equivalent of a lawyer loaning money directly to the client, which is not permitted. Now advancing case expenses is not a terrible problem because attorneys generally won't advance a lot of money on questionable cases that they feel might not win. But that accident attorneys advance case expenses that are repayable by the client is something you should know.
5. Home/hospital visits available: we come to you.
Most personal injury attorneys do this. And it's not a big deal, as long as you've called that attorney and asked for the visit.
6. Telephone #'s that spell things, like 1-800-HurtInAnAccident.
A very strong, memorable marketing tool. Usually used by services that refer cases to member law firms. So the question becomes: who will be your attorney? Does the referral service tell you? Does it even know whom it is sending your telephone call to? And this again raises all of the previously discussed questions about your attorney's qualifications and ability.
7. Call 24 hours/7 days a week.
What, you hired an attorney that doesn't sleep?
8. Slogans like: We fight hard for you; we care for you; we kick insurance company butt; we provide aggressive representation. (This is a partial list.)
This is meaningless drivel.
If you think about it carefully, the things that most attorneys advertise, such as the numbered items above, are the same as every other attorney advertises. Worse yet, they do not address the important questions, such as the ten items listed above. So read what I've written carefully, then read it again. Otherwise, you may not even know the questions to ask, let alone what the answers should be.
by: Gary E Rosenberg
1. We get quick settlements.
Now any lawyer might make a telephone call to try to negotiate a settlement. And settlements are usually good things: an agreement between the opposing parties to the mutual benefit of each.
But it is a mistake to hire a law firm that advertises that its goal is to settle cases. You see, there are few secrets in this business. Many lawyers know each other or each other's firms or each other's reputations. And this "quick settlement" advertisement is out there just to attract new clients. It says nothing good about the quality of that law firm's services. In reality, a firm known for settling cases is a firm that won't fight.
I would rather hire the lawyer who has a reputation for being tough on defendants and their insurance carriers - who strikes fear in their hearts - than hire a lawyer who is known as a quick or easy settler. Because the insurance companies know who these lawyers and law firms are. You can not get top dollar for your case with the "quick settlers" because the insurance carriers know these law firms want the quick settlement and won't go to court. Such firms need to settle, to live up to their advertising. Is that who you really want to handle your accident case? Remember, you don't get a second chance to get top dollar.
2. [Fill in the number] years combined experience.
Now I have 23 years of experience practicing law. Would that really be equal to four attorneys with five years experience and one with three years experience? No.
3. Free consultation.
All personal injury attorneys give one.
4. No fee unless successful.
Most personal injury attorneys utilize this type of fee called a "contingent" or "contingency" fee and based on a percentage of the money recovered, typically, one-third. YOU NEED TO KNOW that you, the client, remains responsible for case expenses and disbursements, such as: court filing fees, fees for medical and hospital records, expenses of investigation, court reporter fees, and the like. Your lawyer is supposed to tell you that the costs and disbursements remain you, the client's, responsibility.
Advancing case expenses is like an interest-free loan that the attorney makes on every accident case. This is a loan that the client must repay when his or her case settles. This is not the equivalent of a lawyer loaning money directly to the client, which is not permitted. Now advancing case expenses is not a terrible problem because attorneys generally won't advance a lot of money on questionable cases that they feel might not win. But that accident attorneys advance case expenses that are repayable by the client is something you should know.
5. Home/hospital visits available: we come to you.
Most personal injury attorneys do this. And it's not a big deal, as long as you've called that attorney and asked for the visit.
6. Telephone #'s that spell things, like 1-800-HurtInAnAccident.
A very strong, memorable marketing tool. Usually used by services that refer cases to member law firms. So the question becomes: who will be your attorney? Does the referral service tell you? Does it even know whom it is sending your telephone call to? And this again raises all of the previously discussed questions about your attorney's qualifications and ability.
7. Call 24 hours/7 days a week.
What, you hired an attorney that doesn't sleep?
8. Slogans like: We fight hard for you; we care for you; we kick insurance company butt; we provide aggressive representation. (This is a partial list.)
This is meaningless drivel.
If you think about it carefully, the things that most attorneys advertise, such as the numbered items above, are the same as every other attorney advertises. Worse yet, they do not address the important questions, such as the ten items listed above. So read what I've written carefully, then read it again. Otherwise, you may not even know the questions to ask, let alone what the answers should be.
- Gay Marriages From Other States Recognized by NY Appeals Court
Gay Marriages From Other States Recognized by NY Appeals Court
by: Gary E Rosenberg
New York must recognize same-sex marriages conducted in other states, until another appeals court rules otherwise. This was held by the New York State Supreme Court, Appellate Division, Fourth Department, this past Friday, February 1, 2008.
The decision in Martinez v. County of Monroe arose out of Martinez's quest to obtain spousal health care benefits from Monroe Community College for Lisa Golden, whom she married in Ontario, Canada. There was no question that the marriage was legal where performed. And then they returned to New York.
In the absence of a New York statute forbidding same-sex marriage, the Court found no reason not to recognize the marriage. It held that the marriage "is entitled to recognition in New York State." Is this a silent invitation to the New York State legislature to pass a law deciding this issue one way or the other? Maybe.
After the lawsuit was started but before the court's decision, the college changed its health insurance policy to cover same-sex spouses. This gave rise to an interesting wrinkle in this case, for if Lisa Golden was getting health insurance anyway, what was there left to sue over? In legal terms we ask if there was any longer a "justiciable controversy." The Court said that there was, as the college would be liable for damages for the time period that it refused to give health insurance coverage to the plaintiff's spouse. We don't know if those damages are great or small. They might be the cost of Lisa Golden going to the doctor's office, or her out-of-pocket expense to purchase her own health insurance or whatever.
Thus, it seems that the court had a potential way out here if it wanted to duck the controversy entirely. It may have decided that since the college is now providing health benefits, there wasn't justiciable controversy so the lawsuit was "moot." Instead, the court waded in and addressed the gay marriage issue head-on, giving a favorable and enlightened reading to the facts before it. No cowards on this Appellate Division, Fourth Department panel.
Commentary: Gay advocates hail the decision as only a first step towards what they consider truly would be fair: permitting gay marriages in New York State. I and my lawyer friends look forward to the day when gay marriage is legal in New York; where there are gay marriages, there WILL be gay divorces.
Until another appeals court rules otherwise, New York must recognize same-sex marriages conducted in other states. So held the New York State Supreme Court, Appellate Division, Fourth Department this past Friday, February 1, 2008.
The decision in Martinez v. County of Monroe arose out of Martinez's quest to obtain spousal health care benefits from Monroe Community College for Lisa Golden, whom she married in Ontario, Canada. There was no question that the marriage was legal where performed. And then they returned to New York.
In the absence of a New York statute forbidding same-sex marriage, the Court found no reason not to recognize the marriage. It held that the marriage "is entitled to recognition in New York State." Is this a silent invitation to the New York State legislature to pass a law deciding this issue one way or the other? Maybe.
After the lawsuit was started but before the court's decision, the college changed its health insurance policy to cover same-sex spouses. This gave rise to an interesting wrinkle in this case, for if Lisa Golden was getting health insurance anyway, what was there left to sue over? In legal terms we ask if there was any longer a "justiciable controversy." The Court said that there was, as the college would be liable for damages for the time period that it refused to give health insurance coverage to the plaintiff's spouse. We don't know if those damages are great or small. They might be the cost of Lisa Golden going to the doctor's office, or her out-of-pocket expense to purchase her own health insurance or whatever.
Thus, it seems that the court had a potential way out here if it wanted to duck the controversy entirely. It may have decided that since the college is now providing health benefits, there wasn't justiciable controversy so the lawsuit was "moot." Instead, the court waded in and addressed the gay marriage issue head-on, giving a favorable and enlightened reading to the facts before it. No cowards on this Appellate Division, Fourth Department panel.
Commentary: Gay advocates hail the decision as only a first step towards what they consider truly would be fair: permitting gay marriages in New York State. I and my lawyer friends look forward to the day when gay marriage is legal in New York; where there are gay marriages, there WILL be gay divorces.
by: Gary E Rosenberg
New York must recognize same-sex marriages conducted in other states, until another appeals court rules otherwise. This was held by the New York State Supreme Court, Appellate Division, Fourth Department, this past Friday, February 1, 2008.
The decision in Martinez v. County of Monroe arose out of Martinez's quest to obtain spousal health care benefits from Monroe Community College for Lisa Golden, whom she married in Ontario, Canada. There was no question that the marriage was legal where performed. And then they returned to New York.
In the absence of a New York statute forbidding same-sex marriage, the Court found no reason not to recognize the marriage. It held that the marriage "is entitled to recognition in New York State." Is this a silent invitation to the New York State legislature to pass a law deciding this issue one way or the other? Maybe.
After the lawsuit was started but before the court's decision, the college changed its health insurance policy to cover same-sex spouses. This gave rise to an interesting wrinkle in this case, for if Lisa Golden was getting health insurance anyway, what was there left to sue over? In legal terms we ask if there was any longer a "justiciable controversy." The Court said that there was, as the college would be liable for damages for the time period that it refused to give health insurance coverage to the plaintiff's spouse. We don't know if those damages are great or small. They might be the cost of Lisa Golden going to the doctor's office, or her out-of-pocket expense to purchase her own health insurance or whatever.
Thus, it seems that the court had a potential way out here if it wanted to duck the controversy entirely. It may have decided that since the college is now providing health benefits, there wasn't justiciable controversy so the lawsuit was "moot." Instead, the court waded in and addressed the gay marriage issue head-on, giving a favorable and enlightened reading to the facts before it. No cowards on this Appellate Division, Fourth Department panel.
Commentary: Gay advocates hail the decision as only a first step towards what they consider truly would be fair: permitting gay marriages in New York State. I and my lawyer friends look forward to the day when gay marriage is legal in New York; where there are gay marriages, there WILL be gay divorces.
Until another appeals court rules otherwise, New York must recognize same-sex marriages conducted in other states. So held the New York State Supreme Court, Appellate Division, Fourth Department this past Friday, February 1, 2008.
The decision in Martinez v. County of Monroe arose out of Martinez's quest to obtain spousal health care benefits from Monroe Community College for Lisa Golden, whom she married in Ontario, Canada. There was no question that the marriage was legal where performed. And then they returned to New York.
In the absence of a New York statute forbidding same-sex marriage, the Court found no reason not to recognize the marriage. It held that the marriage "is entitled to recognition in New York State." Is this a silent invitation to the New York State legislature to pass a law deciding this issue one way or the other? Maybe.
After the lawsuit was started but before the court's decision, the college changed its health insurance policy to cover same-sex spouses. This gave rise to an interesting wrinkle in this case, for if Lisa Golden was getting health insurance anyway, what was there left to sue over? In legal terms we ask if there was any longer a "justiciable controversy." The Court said that there was, as the college would be liable for damages for the time period that it refused to give health insurance coverage to the plaintiff's spouse. We don't know if those damages are great or small. They might be the cost of Lisa Golden going to the doctor's office, or her out-of-pocket expense to purchase her own health insurance or whatever.
Thus, it seems that the court had a potential way out here if it wanted to duck the controversy entirely. It may have decided that since the college is now providing health benefits, there wasn't justiciable controversy so the lawsuit was "moot." Instead, the court waded in and addressed the gay marriage issue head-on, giving a favorable and enlightened reading to the facts before it. No cowards on this Appellate Division, Fourth Department panel.
Commentary: Gay advocates hail the decision as only a first step towards what they consider truly would be fair: permitting gay marriages in New York State. I and my lawyer friends look forward to the day when gay marriage is legal in New York; where there are gay marriages, there WILL be gay divorces.
- Use Of Tasers Vs Lethal Force In Law Enforcement
Use Of Tasers Vs Lethal Force In Law Enforcement
by: James D. Anderson
Use Of Tasers Vs Lethal Force In Law Enforcement
Crime has come a long way to make its root firmer in the society and has forced law enforcement agencies to take up arms against criminals. Some of the countries arm their law enforcement officials with the latest and deadly weapons, which fall in the category of lethal force. The use of tactical weapons has become necessary because crime is not just about snatching bags anymore. Crime has also become techno-savvy and criminals have started to use some of the best weapons in the market. If we look at the top 10 countries with high rate of crime then the numbers are astoundingly high.
1. Iceland 14,726.95
2. Sweden 13,455.08
3. New Zealand 12,586.64
4. Grenada 10,177.89
5. Norway 10,086.72
6. England & Wales 9,823.38
7. Denmark 9,460.38
8. Finland 8,697.37
9. Scotland 8,428.97
10. Canada 4,123.97
The above are per 100,000 inhabitants
In the United States itself, the Crime Index Rates have increased from 1,887.2 in the 60’s to more than double, which are 5,897.8 by 1991 and this is per 100,000 inhabitants. In 1991, the crime rate in the US was 313% more than the rate in 1960. Crime rate in other countries of the world have also increased considerably in the last couple of decades.
For more than a few decades, law enforcement agencies in the US and in other countries across the world have been using automated weapons to fight criminals and this has resulted in loss of life on either sides. An NIJ report has confirmed that the US federal government spends approximately $75 billion on the different law enforcement agencies as well as the judicial system. Yet not all the money infused into the system has helped in protecting innocent citizens from becoming the victim. In fact, according to a report, if the overall productivity of the law enforcement agencies could be increased by 1% then it would make a huge positive impact on the crime rate in the US and will even cut down the economic loss by $700,000,000.
The question is how can the enforcement agencies fight crime effectively and without killing the criminal? The answer lies with alternative weapons, which resourceful, effective, inexpensive, and not life are threatening.
The Emergence of Taser
One of the recent problems faced by several law agencies is that of transporting hardened convicts from one prison location to another. There are times when convicts have tried to escape and in the confusion officers had to resort to using their weapons and sometimes inappropriate tactics and use of force, which cause more harm than good and even death in some cases.
This is where a Taser comes in. A Taser looks like a gun but it is an entirely different concept. It is basically a type of electroshock weapon, which can stun a subject from quite a distance. The models being used currently by law enforcement agencies are the M26 and X26. Some of the other models include the Taser C2 and the Taser M18.
The primary reason behind introducing Taser is the fact that they are non-lethal weapons that can be used by law enforcement agencies for subduing potentially dangerous and fleeing subjects like convicts. Taser can considerably reduce the usage of life threatening weapons like the service guns.
The Taser was developed initially by Jack Cover, who was a NASA researcher, in 1969. The modern day Taser can fire two small electrodes, which are connected with a main unit through two conductive wires. They are propelled into the air or towards the subject with the help of small but compressed nitrogen charges. Each of the air cartridges is equipped with two electrodes as well as enough compressed nitrogen to fire a single shot. The air cartridge has to be replaced after use.
Cartridges for the Taser are available depending on the range that you expect to achieve. The maximum range of a Taser is 35 feet or 10.6 meters, a distance at which you can fire it and catch a fleeing convict or criminal. The cartridges available for civilian use have a maximum range of 15 feet or 4.5 meters.
Once fired from the Taser, the pointed electrodes will pierce through the clothing and remain in place because of they are barbed. The latest models of the Taser including the C2 are called 'pulse' models and they can pierce through a Level III body armor vest. The Taser gives an electric shock that stuns the subject for a few minutes during which the law enforcement officers can overpower the subject and take him/her into custody.
The Taser C2
The Taser C2 is perfect for independent men and women who require an effective but not life threatening protection device. As of today almost 250,000 law enforcement officials across 40 countries are using different Taser devices including the C2. The Taser C2 is a great weapon for self-defense and is categorized under Electronic Control Devices (ECDs). It can propel wires that will stun the subject and affect the motor and sensory functions of the central nervous system. The Taser C2 is available with a replaceable cartridge that contains compressed nitrogen and two small electrodes and can fire a shot to a maximum range of 15 feet
The range of 15 feet gives the Taser a definite advantage because you can use it the moment you sense danger. You can even use it if someone snatches your bag at the supermarket and tries to flee. This flexibility in firing from a distance makes the Taser C2 an absolute weapon to have. The Taser C2 can protect you or your family from a potentially threatening situation and keep everyone safe.
The Taser C2 technology has been proven to be highly effective in laboratory exercises and in real life situation. It is considered as one of the best weapons for self-defense from a safe distance. Today there are in excess of 500,000 users of the Taser worldwide. The Taser C2 technology has also been supported by several medical reports and medical organizations that have vouched for the general safety that comes with this stun gun. There are no long-term injuries and the subject can recover completely in a matter of minutes.
What gives the Taser C2 the advantage over conventional weapons is that the discharge of electricity can affect the entire body as well as the central nervous system. The best thing is that you can fire it to any part of the body and it will do its job. According to several reports, the Taser C2 was found to be 95% effective during real encounters. . Unlike other Taser models, the Taser C2 will operate for a period of 30 seconds once activated. This special feature is primarily so that once deployed, an individual can drop the Taser C2 and have a 30 second window in which to escape to safety. To enhance this feature even more, Taser International warranties that if your Taser C2 is deployed in an attack, send them a copy of the police report describing the event, and Taser International will replace your Taser C2 free of charge.
The Taser M-18
The Taser M-18 is an advanced version of this non-lethal technology. It also uses compressed nitrogen to fire two small electrodes up to a maximum distance of 15 feet. The electrodes are connected with the help of high-voltage insulated wires to the Taser M-18. When the electrodes come into contact with a subject then electrical pulses are transmitted through the wires into the body of the subject and can penetrate 2 inches of clothing.
The use of the Taser M-18 over the years has become increasingly popular with civilians as well as law enforcement agencies due to its high degree of effectiveness and above all there is no bloodshed. It can be used in different situations and can save several lives. Most importantly, the number of deaths in custody, robbing, and theft has gone down due to the use of the Taser M-18. Using guns have never been as effective.
The Taser M-18 has a 100% rating for effectiveness. The Taser M-18 is not only considered as a better option to the automatic weapons being used by law enforcement agents but is also better than the traditional stun guns. One of the quantum leaps in the Taser M-18 technology is the effective stopping power due to the use of a new and advanced Electro-Muscular Disruption (EMD) technology. The advanced Taser M-18 can shoot 2 darts or electrodes using a 15 feet wire that ensures transfer of 50,000 volts to the central nervous system of the subject. What the Taser M-18 really provides is an incredible power to take down almost any opponent.
As a result of its effective use, Taser devices or guns are being looked at as the next generation weapon. Soon it might replace the conventional colt, Walther, CZ 75B or other automatic handguns and weapons. The Taser is a weapon that can be used for self-defense by both civilians and law enforcement agencies. It is easy to use, more effective than conventional weapons, works at close range and removes any threat to life. Now that’s a weapon of the future!
by: James D. Anderson
Use Of Tasers Vs Lethal Force In Law Enforcement
Crime has come a long way to make its root firmer in the society and has forced law enforcement agencies to take up arms against criminals. Some of the countries arm their law enforcement officials with the latest and deadly weapons, which fall in the category of lethal force. The use of tactical weapons has become necessary because crime is not just about snatching bags anymore. Crime has also become techno-savvy and criminals have started to use some of the best weapons in the market. If we look at the top 10 countries with high rate of crime then the numbers are astoundingly high.
1. Iceland 14,726.95
2. Sweden 13,455.08
3. New Zealand 12,586.64
4. Grenada 10,177.89
5. Norway 10,086.72
6. England & Wales 9,823.38
7. Denmark 9,460.38
8. Finland 8,697.37
9. Scotland 8,428.97
10. Canada 4,123.97
The above are per 100,000 inhabitants
In the United States itself, the Crime Index Rates have increased from 1,887.2 in the 60’s to more than double, which are 5,897.8 by 1991 and this is per 100,000 inhabitants. In 1991, the crime rate in the US was 313% more than the rate in 1960. Crime rate in other countries of the world have also increased considerably in the last couple of decades.
For more than a few decades, law enforcement agencies in the US and in other countries across the world have been using automated weapons to fight criminals and this has resulted in loss of life on either sides. An NIJ report has confirmed that the US federal government spends approximately $75 billion on the different law enforcement agencies as well as the judicial system. Yet not all the money infused into the system has helped in protecting innocent citizens from becoming the victim. In fact, according to a report, if the overall productivity of the law enforcement agencies could be increased by 1% then it would make a huge positive impact on the crime rate in the US and will even cut down the economic loss by $700,000,000.
The question is how can the enforcement agencies fight crime effectively and without killing the criminal? The answer lies with alternative weapons, which resourceful, effective, inexpensive, and not life are threatening.
The Emergence of Taser
One of the recent problems faced by several law agencies is that of transporting hardened convicts from one prison location to another. There are times when convicts have tried to escape and in the confusion officers had to resort to using their weapons and sometimes inappropriate tactics and use of force, which cause more harm than good and even death in some cases.
This is where a Taser comes in. A Taser looks like a gun but it is an entirely different concept. It is basically a type of electroshock weapon, which can stun a subject from quite a distance. The models being used currently by law enforcement agencies are the M26 and X26. Some of the other models include the Taser C2 and the Taser M18.
The primary reason behind introducing Taser is the fact that they are non-lethal weapons that can be used by law enforcement agencies for subduing potentially dangerous and fleeing subjects like convicts. Taser can considerably reduce the usage of life threatening weapons like the service guns.
The Taser was developed initially by Jack Cover, who was a NASA researcher, in 1969. The modern day Taser can fire two small electrodes, which are connected with a main unit through two conductive wires. They are propelled into the air or towards the subject with the help of small but compressed nitrogen charges. Each of the air cartridges is equipped with two electrodes as well as enough compressed nitrogen to fire a single shot. The air cartridge has to be replaced after use.
Cartridges for the Taser are available depending on the range that you expect to achieve. The maximum range of a Taser is 35 feet or 10.6 meters, a distance at which you can fire it and catch a fleeing convict or criminal. The cartridges available for civilian use have a maximum range of 15 feet or 4.5 meters.
Once fired from the Taser, the pointed electrodes will pierce through the clothing and remain in place because of they are barbed. The latest models of the Taser including the C2 are called 'pulse' models and they can pierce through a Level III body armor vest. The Taser gives an electric shock that stuns the subject for a few minutes during which the law enforcement officers can overpower the subject and take him/her into custody.
The Taser C2
The Taser C2 is perfect for independent men and women who require an effective but not life threatening protection device. As of today almost 250,000 law enforcement officials across 40 countries are using different Taser devices including the C2. The Taser C2 is a great weapon for self-defense and is categorized under Electronic Control Devices (ECDs). It can propel wires that will stun the subject and affect the motor and sensory functions of the central nervous system. The Taser C2 is available with a replaceable cartridge that contains compressed nitrogen and two small electrodes and can fire a shot to a maximum range of 15 feet
The range of 15 feet gives the Taser a definite advantage because you can use it the moment you sense danger. You can even use it if someone snatches your bag at the supermarket and tries to flee. This flexibility in firing from a distance makes the Taser C2 an absolute weapon to have. The Taser C2 can protect you or your family from a potentially threatening situation and keep everyone safe.
The Taser C2 technology has been proven to be highly effective in laboratory exercises and in real life situation. It is considered as one of the best weapons for self-defense from a safe distance. Today there are in excess of 500,000 users of the Taser worldwide. The Taser C2 technology has also been supported by several medical reports and medical organizations that have vouched for the general safety that comes with this stun gun. There are no long-term injuries and the subject can recover completely in a matter of minutes.
What gives the Taser C2 the advantage over conventional weapons is that the discharge of electricity can affect the entire body as well as the central nervous system. The best thing is that you can fire it to any part of the body and it will do its job. According to several reports, the Taser C2 was found to be 95% effective during real encounters. . Unlike other Taser models, the Taser C2 will operate for a period of 30 seconds once activated. This special feature is primarily so that once deployed, an individual can drop the Taser C2 and have a 30 second window in which to escape to safety. To enhance this feature even more, Taser International warranties that if your Taser C2 is deployed in an attack, send them a copy of the police report describing the event, and Taser International will replace your Taser C2 free of charge.
The Taser M-18
The Taser M-18 is an advanced version of this non-lethal technology. It also uses compressed nitrogen to fire two small electrodes up to a maximum distance of 15 feet. The electrodes are connected with the help of high-voltage insulated wires to the Taser M-18. When the electrodes come into contact with a subject then electrical pulses are transmitted through the wires into the body of the subject and can penetrate 2 inches of clothing.
The use of the Taser M-18 over the years has become increasingly popular with civilians as well as law enforcement agencies due to its high degree of effectiveness and above all there is no bloodshed. It can be used in different situations and can save several lives. Most importantly, the number of deaths in custody, robbing, and theft has gone down due to the use of the Taser M-18. Using guns have never been as effective.
The Taser M-18 has a 100% rating for effectiveness. The Taser M-18 is not only considered as a better option to the automatic weapons being used by law enforcement agents but is also better than the traditional stun guns. One of the quantum leaps in the Taser M-18 technology is the effective stopping power due to the use of a new and advanced Electro-Muscular Disruption (EMD) technology. The advanced Taser M-18 can shoot 2 darts or electrodes using a 15 feet wire that ensures transfer of 50,000 volts to the central nervous system of the subject. What the Taser M-18 really provides is an incredible power to take down almost any opponent.
As a result of its effective use, Taser devices or guns are being looked at as the next generation weapon. Soon it might replace the conventional colt, Walther, CZ 75B or other automatic handguns and weapons. The Taser is a weapon that can be used for self-defense by both civilians and law enforcement agencies. It is easy to use, more effective than conventional weapons, works at close range and removes any threat to life. Now that’s a weapon of the future!
- What Documents Do Trial Attorneys in California Look For?
What Documents Do Trial Attorneys in California Look For?
by: Rainier Policarpio
Sustaining personal injuries from any tragic accident in California due to other party’s fault can be so disastrous. Unless you were able to recover damages from the liable person, we may consider that justice is not yet fully served. Thus, it is necessary for you to have credible allies in pursuing a claim suit – professional trial attorneys in California.
Meanwhile, you should also know that proper assessment of a legal case is significant to increase the merits of such action. This is one of the main reasons, why it is imperative for your legal counsel to have a complete and thorough review of all the following documents and evidences before pushing through with your claim:
• Insurance policy – presenting your insurance policy to your legal counsel will enable him to identify the type of coverage you have, based on the terms stated. Yet, if you do not have a copy of such statement from your insurance company, you may opt to give your attorney a written consent to obtain it for you.
• Proof of premium payments – your attorney will be requesting for all the statements certifying that you are fully updated in paying your premiums. This will serve as evidences that your policy is updated and enforceable.
• Police reports – usually, personal injury-causing incidents require the response and proper documentation of the police authorities. In these reports, the police officers write down all the essential facts that transpired in the accident. This may also include their initial opinion on who should be held liable for the damages.
• Tickets handed over for any traffic violations – if you have been given tickets for any traffic violation, you have to inform it to your attorney because such instances can definitely cause great effects on the result of your case.
• Copy of your statements – after your insurance company has been informed of the accident, there is a great chance that they will contact you and get some statements from you regarding the accident. You should then furnish a copy of such statement to your California trial attorney for an evaluation. However, it is not advisable for you to explain everything to your insurance company without the advice of your counsel.
• Pictures taken from the actual scene – in some cases, verbal or written testimonies are not enough to prove a lawsuit. Especially during accidents, pictures taken from the site can be very helpful. These pieces of evidences may also indicate that the accident has been caused by the other party’s fault.
• Medical and/or psychological records – this will enable your attorney to calculate the possible amount that you may recover. Generally, these include the names and contact information of all the hospitals, clinics and doctors who have given you medical assistance. Furthermore, it is also vital to include information about your accumulated expenses together with all its corresponding receipts.
• Record of your earnings – the law that covers personal injuries gives the victims the right to be reimbursed for their lost wages due to the amount of time they need to spend in hospitals for their treatment process. Therefore, you should present your pay slips to your attorney to specify the amount that you have lost.
Filing a personal injury claim is not as easy as you think. Although you are being represented with the most competent legal advocate, your obligation to work hand in hand with your attorney is very vital in attaining the best and most favorable result.
by: Rainier Policarpio
Sustaining personal injuries from any tragic accident in California due to other party’s fault can be so disastrous. Unless you were able to recover damages from the liable person, we may consider that justice is not yet fully served. Thus, it is necessary for you to have credible allies in pursuing a claim suit – professional trial attorneys in California.
Meanwhile, you should also know that proper assessment of a legal case is significant to increase the merits of such action. This is one of the main reasons, why it is imperative for your legal counsel to have a complete and thorough review of all the following documents and evidences before pushing through with your claim:
• Insurance policy – presenting your insurance policy to your legal counsel will enable him to identify the type of coverage you have, based on the terms stated. Yet, if you do not have a copy of such statement from your insurance company, you may opt to give your attorney a written consent to obtain it for you.
• Proof of premium payments – your attorney will be requesting for all the statements certifying that you are fully updated in paying your premiums. This will serve as evidences that your policy is updated and enforceable.
• Police reports – usually, personal injury-causing incidents require the response and proper documentation of the police authorities. In these reports, the police officers write down all the essential facts that transpired in the accident. This may also include their initial opinion on who should be held liable for the damages.
• Tickets handed over for any traffic violations – if you have been given tickets for any traffic violation, you have to inform it to your attorney because such instances can definitely cause great effects on the result of your case.
• Copy of your statements – after your insurance company has been informed of the accident, there is a great chance that they will contact you and get some statements from you regarding the accident. You should then furnish a copy of such statement to your California trial attorney for an evaluation. However, it is not advisable for you to explain everything to your insurance company without the advice of your counsel.
• Pictures taken from the actual scene – in some cases, verbal or written testimonies are not enough to prove a lawsuit. Especially during accidents, pictures taken from the site can be very helpful. These pieces of evidences may also indicate that the accident has been caused by the other party’s fault.
• Medical and/or psychological records – this will enable your attorney to calculate the possible amount that you may recover. Generally, these include the names and contact information of all the hospitals, clinics and doctors who have given you medical assistance. Furthermore, it is also vital to include information about your accumulated expenses together with all its corresponding receipts.
• Record of your earnings – the law that covers personal injuries gives the victims the right to be reimbursed for their lost wages due to the amount of time they need to spend in hospitals for their treatment process. Therefore, you should present your pay slips to your attorney to specify the amount that you have lost.
Filing a personal injury claim is not as easy as you think. Although you are being represented with the most competent legal advocate, your obligation to work hand in hand with your attorney is very vital in attaining the best and most favorable result.
- Alternative Approaches to Shareholder Disputes
Alternative Approaches to Shareholder Disputes
by: Rainier Policarpio
Shareholder Disputes
This is for a fact; even ideal corporate structures have the possibility of resulting into serious conflicts, especially among the company’s shareholders. Due to the many circumstances and/or vital corporate decisions to be made, such good relationship between the owners may deteriorate with the passage of time. Consequently, the company’s economic profitability may begin to subside and may lead to its closure.
Corporate disputes may be categorized into three:
• Management Disputes – these arguments pertain to a company’s daily operational dealings such as contract engagements, supplier transactions, human resources supervision and premises control, among others. Major disagreements usually arise in other important matters, which include mergers and company takeovers.
• Personal Disputes – these may arise on issues involving succession and divorce
• Management Misconduct – these commonly take place when one or more of a company’s executives got involved in various types of misbehaviors. Examples of these are loan approvals to the directors, illicit diversionary tactics regarding the company’s finances, unauthorized transactions and management exclusions.
Shareholder disputes also occur in small business enterprises, unlike what most people think that it only happen to large corporations. Although, these crises may seem to be unavoidable, legal experts may provide important assistance in order to resolve them in a lawful manner.
Legal Dimension
The federal and state corporate laws contain certain provisions that generally define the rights and obligations of each company owner. Depending on the kind of established company, each shareholder has his own privilege and duties. Yet, due to these intricate provisions, it is recommendable for business entities and shareholders to appoint at least one attorney to give his advice on the proper way of resolving corporate truces and misunderstanding.
Usually, these cases are being result in court litigations. However, because of the long and more expensive way of finding solution to shareholder disputes compel most individuals to settle their cases out of court by engaging into alternative dispute resolutions.
Alternative Approaches
The two most common of this alternative approaches are:
• Arbitration – In binding arbitrations, the parties involved agree to appoint an independent third party who will then decide on the disputed issues. Usually, the chosen arbiter is a former judge or an experienced attorney with expertise in shareholder dispute resolution.
Typically, all parties have no right make their appeals on the arbiter’s decision. Its effect may be considered as if it was decided under a court litigation procedure. Therefore, they must abide by the decision to avoid further legal impediments.
• Mediation - This process pertains to a settlement discussion in the presence of a former judge or a qualified mediator. In this meeting, all the parties discuss the disputed issues until they come up with some form of agreements that end their case.
This type of alternative dispute resolution is almost similar to arbitration. Yet, the main difference is that, in mediation, the affected parties decide. The mediator only serves a guide or an adviser in the procedure. After an agreement has been reached, the parties will have to sign a contract that contains the settled issues.
On the other hand, because of several statutes that must be addressed before engaging in these procedures, it is necessary indeed to hire shareholder dispute attorneys. This is to better understand the process and its implications. A competent legal adviser to provide assistance will definitely enable all parties to result in favorable and just settlements.
by: Rainier Policarpio
Shareholder Disputes
This is for a fact; even ideal corporate structures have the possibility of resulting into serious conflicts, especially among the company’s shareholders. Due to the many circumstances and/or vital corporate decisions to be made, such good relationship between the owners may deteriorate with the passage of time. Consequently, the company’s economic profitability may begin to subside and may lead to its closure.
Corporate disputes may be categorized into three:
• Management Disputes – these arguments pertain to a company’s daily operational dealings such as contract engagements, supplier transactions, human resources supervision and premises control, among others. Major disagreements usually arise in other important matters, which include mergers and company takeovers.
• Personal Disputes – these may arise on issues involving succession and divorce
• Management Misconduct – these commonly take place when one or more of a company’s executives got involved in various types of misbehaviors. Examples of these are loan approvals to the directors, illicit diversionary tactics regarding the company’s finances, unauthorized transactions and management exclusions.
Shareholder disputes also occur in small business enterprises, unlike what most people think that it only happen to large corporations. Although, these crises may seem to be unavoidable, legal experts may provide important assistance in order to resolve them in a lawful manner.
Legal Dimension
The federal and state corporate laws contain certain provisions that generally define the rights and obligations of each company owner. Depending on the kind of established company, each shareholder has his own privilege and duties. Yet, due to these intricate provisions, it is recommendable for business entities and shareholders to appoint at least one attorney to give his advice on the proper way of resolving corporate truces and misunderstanding.
Usually, these cases are being result in court litigations. However, because of the long and more expensive way of finding solution to shareholder disputes compel most individuals to settle their cases out of court by engaging into alternative dispute resolutions.
Alternative Approaches
The two most common of this alternative approaches are:
• Arbitration – In binding arbitrations, the parties involved agree to appoint an independent third party who will then decide on the disputed issues. Usually, the chosen arbiter is a former judge or an experienced attorney with expertise in shareholder dispute resolution.
Typically, all parties have no right make their appeals on the arbiter’s decision. Its effect may be considered as if it was decided under a court litigation procedure. Therefore, they must abide by the decision to avoid further legal impediments.
• Mediation - This process pertains to a settlement discussion in the presence of a former judge or a qualified mediator. In this meeting, all the parties discuss the disputed issues until they come up with some form of agreements that end their case.
This type of alternative dispute resolution is almost similar to arbitration. Yet, the main difference is that, in mediation, the affected parties decide. The mediator only serves a guide or an adviser in the procedure. After an agreement has been reached, the parties will have to sign a contract that contains the settled issues.
On the other hand, because of several statutes that must be addressed before engaging in these procedures, it is necessary indeed to hire shareholder dispute attorneys. This is to better understand the process and its implications. A competent legal adviser to provide assistance will definitely enable all parties to result in favorable and just settlements.
- SSI Fraud Protection Awareness
SSI Fraud Protection Awareness
by: Rainier Policarpio
Among the fast increasing crimes in the United States, identity theft may be considered as one of the most burdensome scenarios that a Supplemental Security Income beneficiary may encounter. An unlawful person who was able to steal your Social Security Number can manage to use it to obtain your other secret information.
Afterwards, they may utilize the same information to apply for credits in your name. You will just be aware of the fact that you have been robbed when notices and calls coming from unknown creditors demand payments for various transactions and items that you never purchased.
Your Social Security Number is extremely confidential. Thus, you must exercise all your efforts to protect it from other people’s knowledge. Aside from this, the SSA also protects your number as well as all your other personal information. Various measures are implemented by this agency to ensure that no other person can use your number to perform any illegal activity.
Here are some ways on how these individual get along with their fraudulent acts:
• Lost wallets or mails that contains information regarding your Social Security identity and other financial statements
• Stealing secret information after your transaction with an unsecured website
• Searching for possible information about you in your trash cans
• Pretending to be someone in need of vital information about you
• Obtaining such information from someone whom you legitimately transacted with
Always remember, to avoid these problems, protect your card and number at all times. Be aware that these stealers are always on stand by waiting for their chance to do their fraudulent acts.
If needed, show your card only to those rightful persons and keep it on a safe place where nobody except your family can have access to it. Carrying your card is not recommendable for there is a chance that you may lose it.
Now if someone has been using your Social Security identity, the best thing to do is to report the incident to the police authorities as soon as possible. You may also call on your credit card company so that they may be able to deny further transactions made in your account.
Moreover, you may consult a competent a Social Security lawyer for proper guidance and assistance on how to incriminate those identity thieves. A credible advocate with vast experience in handling these types of cases may also let you recover your losses.
SSI fraud protection is not that hard to implement. You just have to follow certain precautionary measures and always care to understand all the steps to follow in case you have encountered it.
For maximum SSI fraud protection, get in touch with our competent Social Security attorneys who are highly capable of providing assistance to any of your Social Security concerns. Just visit our website at http://www.expertlosangelesattorney.com/SupplementalSecurityIncomeFraudProtection.html and receive quality assistance that you need.
by: Rainier Policarpio
Among the fast increasing crimes in the United States, identity theft may be considered as one of the most burdensome scenarios that a Supplemental Security Income beneficiary may encounter. An unlawful person who was able to steal your Social Security Number can manage to use it to obtain your other secret information.
Afterwards, they may utilize the same information to apply for credits in your name. You will just be aware of the fact that you have been robbed when notices and calls coming from unknown creditors demand payments for various transactions and items that you never purchased.
Your Social Security Number is extremely confidential. Thus, you must exercise all your efforts to protect it from other people’s knowledge. Aside from this, the SSA also protects your number as well as all your other personal information. Various measures are implemented by this agency to ensure that no other person can use your number to perform any illegal activity.
Here are some ways on how these individual get along with their fraudulent acts:
• Lost wallets or mails that contains information regarding your Social Security identity and other financial statements
• Stealing secret information after your transaction with an unsecured website
• Searching for possible information about you in your trash cans
• Pretending to be someone in need of vital information about you
• Obtaining such information from someone whom you legitimately transacted with
Always remember, to avoid these problems, protect your card and number at all times. Be aware that these stealers are always on stand by waiting for their chance to do their fraudulent acts.
If needed, show your card only to those rightful persons and keep it on a safe place where nobody except your family can have access to it. Carrying your card is not recommendable for there is a chance that you may lose it.
Now if someone has been using your Social Security identity, the best thing to do is to report the incident to the police authorities as soon as possible. You may also call on your credit card company so that they may be able to deny further transactions made in your account.
Moreover, you may consult a competent a Social Security lawyer for proper guidance and assistance on how to incriminate those identity thieves. A credible advocate with vast experience in handling these types of cases may also let you recover your losses.
SSI fraud protection is not that hard to implement. You just have to follow certain precautionary measures and always care to understand all the steps to follow in case you have encountered it.
For maximum SSI fraud protection, get in touch with our competent Social Security attorneys who are highly capable of providing assistance to any of your Social Security concerns. Just visit our website at http://www.expertlosangelesattorney.com/SupplementalSecurityIncomeFraudProtection.html and receive quality assistance that you need.
- How Los Angeles Vehicle Accident Attorneys Respond to Clients’ Common Questions
How Los Angeles Vehicle Accident Attorneys Respond to Clients’ Common Questions
by: Rainier Policarpio
Do I have to stop after a vehicle accident?
Certainly, as the Tort Law in California, you may be held liable for hit and run if you will not stop. Depending on the extent of harm and damages incurred, you may be fined and/or imprisoned along with the cancellation of your driver’s license. This is, even if you have not committed any fault or traffic violation that caused the accident.
Henceforth, you should have a dialogue between the other parties and exchange some vital information. These include your:
• Names
• Driver’s license number
• Vehicle identification number
• Address
• Contact information
• Insurance company information and policy number
Do I have to help someone who has been injured?
Yes, you have an obligation to act accordingly and help those people who obtained injuries from the accident. If you lack adequate training on first aid procedures, better call any emergency response unit and take all the injured individuals to the nearest hospital for proper treatment and medication. The simplest way is dialing 911 to report the accident.
In addition, you have to make sure that all these people are already on a safer place away from further dangers such as car explosion or fire and being hit by other vehicles on the area. Placing warning signs at the scene of the vehicle mishap is also advisable to inform the other motorists of such incident.
Is it necessary to gather some facts from the accident scene?
In most personal injury lawsuits filed in courts, the evidences played important role in achieving justice and suitable compensations. Thus, it is a must that you take an account of the things that transpired. Aside from the other driver’s personal information, you should record the following:
• Names and contact information of possible witnesses including their own statement of the accident occurrence
• Names and badge numbers of the police authorities that responded in the scene and where to get a copy of their report
• An illustration of the vehicle accident that describe the positions of the vehicles and/or people involved
• Weather and traffic conditions
• Traffic signs that are possibly violated by the other parties
It will also be helpful if you have a camera to take some pictures of the damages, physical injuries and the surroundings.
Do I have to accept any fault?
If you believe that the whole incident is due to your fault, it is highly recommended that you keep your shut and limit your words especially those that point out to your liability. There is a great probability that you are just mistaken of your idea that you are the only person to blame. Always remember that anything that you say may later be used against you.
Contact your vehicle accident attorneys for proper advice. He will assess your case and assist you in whatever legal actions you need to pursue.
How can I find a credible vehicle accident attorney?
Many law offices and private practitioners are handling this type of cases in Los Angeles. You just have to make sure that your legal counsel has enough qualities in order to have better chances of winning your case.
Determine his legal background and check his professional records. Never hire vehicle accident attorneys who have yet to win any case. It is also advisable to verify their names with the California Bar Association for possible injunctions.
Further answers to your inquiries regarding vehicle accidents may be obtained by contacting our vehicle accident attorneys at http://www.expertlosangelesattorney.com/VehicleAccidents.html .
Our legal advocates are well trained in providing expert advices and representations to our clients.
by: Rainier Policarpio
Do I have to stop after a vehicle accident?
Certainly, as the Tort Law in California, you may be held liable for hit and run if you will not stop. Depending on the extent of harm and damages incurred, you may be fined and/or imprisoned along with the cancellation of your driver’s license. This is, even if you have not committed any fault or traffic violation that caused the accident.
Henceforth, you should have a dialogue between the other parties and exchange some vital information. These include your:
• Names
• Driver’s license number
• Vehicle identification number
• Address
• Contact information
• Insurance company information and policy number
Do I have to help someone who has been injured?
Yes, you have an obligation to act accordingly and help those people who obtained injuries from the accident. If you lack adequate training on first aid procedures, better call any emergency response unit and take all the injured individuals to the nearest hospital for proper treatment and medication. The simplest way is dialing 911 to report the accident.
In addition, you have to make sure that all these people are already on a safer place away from further dangers such as car explosion or fire and being hit by other vehicles on the area. Placing warning signs at the scene of the vehicle mishap is also advisable to inform the other motorists of such incident.
Is it necessary to gather some facts from the accident scene?
In most personal injury lawsuits filed in courts, the evidences played important role in achieving justice and suitable compensations. Thus, it is a must that you take an account of the things that transpired. Aside from the other driver’s personal information, you should record the following:
• Names and contact information of possible witnesses including their own statement of the accident occurrence
• Names and badge numbers of the police authorities that responded in the scene and where to get a copy of their report
• An illustration of the vehicle accident that describe the positions of the vehicles and/or people involved
• Weather and traffic conditions
• Traffic signs that are possibly violated by the other parties
It will also be helpful if you have a camera to take some pictures of the damages, physical injuries and the surroundings.
Do I have to accept any fault?
If you believe that the whole incident is due to your fault, it is highly recommended that you keep your shut and limit your words especially those that point out to your liability. There is a great probability that you are just mistaken of your idea that you are the only person to blame. Always remember that anything that you say may later be used against you.
Contact your vehicle accident attorneys for proper advice. He will assess your case and assist you in whatever legal actions you need to pursue.
How can I find a credible vehicle accident attorney?
Many law offices and private practitioners are handling this type of cases in Los Angeles. You just have to make sure that your legal counsel has enough qualities in order to have better chances of winning your case.
Determine his legal background and check his professional records. Never hire vehicle accident attorneys who have yet to win any case. It is also advisable to verify their names with the California Bar Association for possible injunctions.
Further answers to your inquiries regarding vehicle accidents may be obtained by contacting our vehicle accident attorneys at http://www.expertlosangelesattorney.com/VehicleAccidents.html .
Our legal advocates are well trained in providing expert advices and representations to our clients.
- Wrongful Death: its Causes and Legal Implications
Wrongful Death: its Causes and Legal Implications
by: Rainier Policarpio
Legal Definition of Wrongful Death
As the defined under the law, wrongful deaths are those fatalities that resulted from another party’s negligence, illicit acts or even inactions. These may involve a person, a business entity, an organization or a combination.
Every year, thousands of wrongful death claims are being filed across the United States. These lawsuits vary from each other. Legal remedies also depend on the manner of the victim’s death and the actions undertaken by the defendant.
Common Causes of Wrongful Deaths
Numerous incidents lead to unjustifiable death of most victims. These include:
• Vehicular accidents – examples of these are car collisions, pedestrian accidents, airplane catastrophes and boat capsizing in which the drivers, vehicle manufacturers or owners are found to be guilty of failing to perform their duties of ensuring people’s safety.
• Use of defective products – under the product liability laws, the manufacturers, designers and distributors of a merchandise found to be having flaws can be charged if it caused injuries or the death of its end user
• Medical Malpractice – health care professionals have their own standards of providing cure to their patients. Any misjudgment to their patients ailments that leads to death can result in a wrongful death lawsuit
• Visiting or working on hazardous places – various laws compel the employers or even property owners to ensure the safety of the workers or people who visit their properties. If they fail to maintain a hazardous free environment, then it may also cause them serious legal actions if someone dies in their property.
• Animal attacks – animal handlers and owners have full responsibility over the behavior of their pets. If it happens that their animals attack an individual who consequently die from the incident, they will be the ones responsible under the law.
These scenarios are often associated with negligence, which is the primary ground why the defendants may be charged and demanded of damages.
Pursuing a Legal Action
The families of the departed victim may pursue several legal procedures in order to seek for justice. However, due to the intricacy of going through the process of wrongful death litigation, many rely on resolving the case in an out of court settlement.
In pursuing settling a case outside the court, both parties, the plaintiff and the defendant, may prevent hearing most of those technical terms used in a formal litigation proceedings. Hence, they will certainly have better chances of arriving at a common point wherein both of them will benefit.
Unlike court litigations, which may range from six months to several years to conclude, this type of alternative dispute resolution may last in just a few meetings. If both parties have agreed on their first talk, this would mean that the case is near to resolution.
Yet, a settlement procedure definitely has to have the proper guidance and representation of a qualified wrongful death settlement attorney. This is to make sure that both parties are not violating the rules that may nullify their agreement. Further, the respective counsels of each side will ensure that their rights are well protected.
by: Rainier Policarpio
Legal Definition of Wrongful Death
As the defined under the law, wrongful deaths are those fatalities that resulted from another party’s negligence, illicit acts or even inactions. These may involve a person, a business entity, an organization or a combination.
Every year, thousands of wrongful death claims are being filed across the United States. These lawsuits vary from each other. Legal remedies also depend on the manner of the victim’s death and the actions undertaken by the defendant.
Common Causes of Wrongful Deaths
Numerous incidents lead to unjustifiable death of most victims. These include:
• Vehicular accidents – examples of these are car collisions, pedestrian accidents, airplane catastrophes and boat capsizing in which the drivers, vehicle manufacturers or owners are found to be guilty of failing to perform their duties of ensuring people’s safety.
• Use of defective products – under the product liability laws, the manufacturers, designers and distributors of a merchandise found to be having flaws can be charged if it caused injuries or the death of its end user
• Medical Malpractice – health care professionals have their own standards of providing cure to their patients. Any misjudgment to their patients ailments that leads to death can result in a wrongful death lawsuit
• Visiting or working on hazardous places – various laws compel the employers or even property owners to ensure the safety of the workers or people who visit their properties. If they fail to maintain a hazardous free environment, then it may also cause them serious legal actions if someone dies in their property.
• Animal attacks – animal handlers and owners have full responsibility over the behavior of their pets. If it happens that their animals attack an individual who consequently die from the incident, they will be the ones responsible under the law.
These scenarios are often associated with negligence, which is the primary ground why the defendants may be charged and demanded of damages.
Pursuing a Legal Action
The families of the departed victim may pursue several legal procedures in order to seek for justice. However, due to the intricacy of going through the process of wrongful death litigation, many rely on resolving the case in an out of court settlement.
In pursuing settling a case outside the court, both parties, the plaintiff and the defendant, may prevent hearing most of those technical terms used in a formal litigation proceedings. Hence, they will certainly have better chances of arriving at a common point wherein both of them will benefit.
Unlike court litigations, which may range from six months to several years to conclude, this type of alternative dispute resolution may last in just a few meetings. If both parties have agreed on their first talk, this would mean that the case is near to resolution.
Yet, a settlement procedure definitely has to have the proper guidance and representation of a qualified wrongful death settlement attorney. This is to make sure that both parties are not violating the rules that may nullify their agreement. Further, the respective counsels of each side will ensure that their rights are well protected.
- Lawyer Representation in a Motorcycle Accident Action
Lawyer Representation in a Motorcycle Accident Action
by: Rainier Policarpio
Dangers of Motorcycle Riding
Motorcycle riding is indeed one of the most popular alternative means of travel. As well, a growing number of enthusiasts ride their bikes to relax and forget their worries for at least a short period.
However, many of these motorcycle lovers are not fully aware of the possible dangers riding a motorcycle may bring to them. According to statistics, thousands of individuals are being involved in motorcycle accidents every year. This is despite the continuous efforts of the government and other concerned groups to warn the people and convince them to follow safety measures and avoid tragic accidents.
Considering the characteristics of a motorcycle, one may easily predict what will happen after its collision with a much larger and heavier vehicle like a car or even a truck. Unlike other vehicles, motorcycles do not have metal cases to protect its passengers.
Further, safety belts are not applicable in motorcycles. This explains why those who were victims of these accidents have sustained serious injuries or even died.
Lawyer Representation in a Legal Action
Victims of motorcycle accidents certainly have their rights to be recover damages against the liable individuals. Yet, because of the intricate process of litigation and the many complicated law statutes associated with it, they certainly need the assistance of a motorcycle accident lawyer.
Depending on the circumstances of the crash, a competent legal counsel will try to address all the problems that the victims may encounter. They will do their best to make the pursuance of a lawsuit stress-free for their clients. This is by taking charge in all of the important tasks in a case litigation.
There are three duties that a legal advocate has to closely work with his client initially:
• Planning responses for the case discovery
• Preparation of plaintiff’s deposition
• Settlement options
After these matters are all dealt with and discussed accordingly, the victims may choose to either engage in an out of court settlement or just continue the battle in the courtroom. Yet, whatever the decision may be, they must be sure that they already understand the pros and cons of their choice.
Settlements vs. Litigation
Similar to what other personal injury claimants do, majority of motorcycle accident victims result in entering out of court settlement procedures. This is for the following reasons:
• A litigation procedure may take a lot of time and money before coming up with a court resolution.
• Settlements are more restricted to public knowledge
• In a settlement procedure, the amount of damages is decided upon by the parties involved and not by a judge
Finding the Credible Representation
Since the role of a lawyer in a motorcycle accident claim is very vital, the victims must strictly examine his qualifications before hiring his services. It will also be wise to look on his records of winnings and ascertain if he specialize in handling such cases.
Another thing to ask a motorcycle accident lawyer is his manner of charging fees. Generally, legal professionals imparting their services on a “contingency basis” are better that those who charge per appearance. This method of payment means that a client will just have to pay his lawyer if the case has already won and he already receive his money. No payment then will be made if the case will lose
by: Rainier Policarpio
Dangers of Motorcycle Riding
Motorcycle riding is indeed one of the most popular alternative means of travel. As well, a growing number of enthusiasts ride their bikes to relax and forget their worries for at least a short period.
However, many of these motorcycle lovers are not fully aware of the possible dangers riding a motorcycle may bring to them. According to statistics, thousands of individuals are being involved in motorcycle accidents every year. This is despite the continuous efforts of the government and other concerned groups to warn the people and convince them to follow safety measures and avoid tragic accidents.
Considering the characteristics of a motorcycle, one may easily predict what will happen after its collision with a much larger and heavier vehicle like a car or even a truck. Unlike other vehicles, motorcycles do not have metal cases to protect its passengers.
Further, safety belts are not applicable in motorcycles. This explains why those who were victims of these accidents have sustained serious injuries or even died.
Lawyer Representation in a Legal Action
Victims of motorcycle accidents certainly have their rights to be recover damages against the liable individuals. Yet, because of the intricate process of litigation and the many complicated law statutes associated with it, they certainly need the assistance of a motorcycle accident lawyer.
Depending on the circumstances of the crash, a competent legal counsel will try to address all the problems that the victims may encounter. They will do their best to make the pursuance of a lawsuit stress-free for their clients. This is by taking charge in all of the important tasks in a case litigation.
There are three duties that a legal advocate has to closely work with his client initially:
• Planning responses for the case discovery
• Preparation of plaintiff’s deposition
• Settlement options
After these matters are all dealt with and discussed accordingly, the victims may choose to either engage in an out of court settlement or just continue the battle in the courtroom. Yet, whatever the decision may be, they must be sure that they already understand the pros and cons of their choice.
Settlements vs. Litigation
Similar to what other personal injury claimants do, majority of motorcycle accident victims result in entering out of court settlement procedures. This is for the following reasons:
• A litigation procedure may take a lot of time and money before coming up with a court resolution.
• Settlements are more restricted to public knowledge
• In a settlement procedure, the amount of damages is decided upon by the parties involved and not by a judge
Finding the Credible Representation
Since the role of a lawyer in a motorcycle accident claim is very vital, the victims must strictly examine his qualifications before hiring his services. It will also be wise to look on his records of winnings and ascertain if he specialize in handling such cases.
Another thing to ask a motorcycle accident lawyer is his manner of charging fees. Generally, legal professionals imparting their services on a “contingency basis” are better that those who charge per appearance. This method of payment means that a client will just have to pay his lawyer if the case has already won and he already receive his money. No payment then will be made if the case will lose
- Georgia Workers Compensation Benefits - What Cash Benefits Am I Entitled To?
Georgia Workers Compensation Benefits - What Cash Benefits Am I Entitled To?
by: Aaron Walter
This article is made available for educational purposes only, to give you general information and a general understanding of the law, not to provide specific legal advice. This should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
An injured employee covered by workers' compensation is entitled to medical treatment at the employer's expense. If the employee misses any work due to the injury or is permanently injured the employee is likely due one or more of three types of cash benefits. These cash benefits are:
Total Temporary Disability (TTD)
Total Partial Disability (TPD)
Permanent Partial Disability (PPD)
How are Workers' Compensation cash benefits calculated?
Your Workers' Compensation benefits are first based on a term called your "average weekly wage." That wage figure is then applied to the type of disability benefits you are entitled to. You're average weekly wage is computed by averaging your wages from the 13 weeks prior to the injury. This figure includes salary, hourly pay, tips, meal allowances, lodging allowances, clothing allowances, and even year-end bonuses.
Depending on how much you worked/made in the 13 weeks before the injury, this calculation could end up benefiting you or unfairly setting your wage lower than you think it should be. If you did not work for the 13 weeks preceding the injury (maybe you were hurt on your first day) your wage is usually set by the wage of a similar employee for the 13 weeks prior to your injury.
Temporary Total Disability (TTD) Benefits
You are entitled to what is known as TTD benefits if your work injury results in your total disability from work. TTD benefits are two-thirds of your of your average weekly wage, but no more than $500 per week for injuries occurring on or after July 1, 2007. For injuries occurring prior to July 1, 2007, please use our TTD benefits calculator (link). Unless your injury is determined to be "catastrophic," you are only entitled to TTD benefits for a maximum period of 400 weeks from the date of injury.
"Catastrophic" injuries are not subject to the 400 week cap and include such injuries as paralysis, brain injury, severe neurological disorders, total blindness, and amputations of an arm, hand, foot or leg. An attorney can advise you if your injury may be "catastrophic" under Georgia law.
You do not necessarily have to be 100% physically disabled to be disabled from work. It does mean that you have a 100% impairment of earning capacity. If you are able to return to light duty work and your employer cannot or will not accept you back at work, you may still be entitled to TTD benefits.
Temporary Partial Disability (TPD) Benefits
You are entitled to TPD benefits when your earning capacity is impaired but you are not totally disabled from work. This means if you are injured and are unable to earn a weekly wage equal to the wage you were earning, you are entitled to two-thirds the difference between your wage before and after the accident, but no more than $334 per week. Your employer is responsible for paying this benefit whether you are earning a lower wage with the same or a different employer. You are eligible for these benefits for up to 350 weeks after you are injured.
Permanent Partial Disability (PPD) Benefits
Unlike TTD and TPD, this benefit relates entirely to your level of physical disability, not your earning capacity. An employee may be entitled to this benefit even if they never missed a day of work or lost any wages due to an injury. PPD is based entirely on a formula that takes into account your percentage of impairment (as determined by your doctor, not your employer), the part of the body impaired, and your compensation rate. However, PPD benefits will not begin until after an employee stops receiving weekly TTD or TPD payments. See our Compensation calculators (link) to learn more about how PPD benefits are computed.
Penalties for late payments
If you are not paid your TTD, TPD, or PPD benefits on-time, your employer may owe you a 15% penalty in addition to the amounts they already owe you. This is true if your employer incorrectly denied you your benefits for a period of time, or if they are already paying you your weekly benefits and miss a payment or mail it to you late.
Waiting period for receiving benefits
An injured employee is NOT entitled to any cash benefits for the first 7 days they are hurt unless the injury period lasts for at least 21 consecutive days. In other words, if you are out of work due to injury, your employer does not need to pay you any cash benefits until the 8th day of disability. If you are still disabled after 21 days, your employer must then go back and compensate you for the first week of your disability.
by: Aaron Walter
This article is made available for educational purposes only, to give you general information and a general understanding of the law, not to provide specific legal advice. This should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
An injured employee covered by workers' compensation is entitled to medical treatment at the employer's expense. If the employee misses any work due to the injury or is permanently injured the employee is likely due one or more of three types of cash benefits. These cash benefits are:
Total Temporary Disability (TTD)
Total Partial Disability (TPD)
Permanent Partial Disability (PPD)
How are Workers' Compensation cash benefits calculated?
Your Workers' Compensation benefits are first based on a term called your "average weekly wage." That wage figure is then applied to the type of disability benefits you are entitled to. You're average weekly wage is computed by averaging your wages from the 13 weeks prior to the injury. This figure includes salary, hourly pay, tips, meal allowances, lodging allowances, clothing allowances, and even year-end bonuses.
Depending on how much you worked/made in the 13 weeks before the injury, this calculation could end up benefiting you or unfairly setting your wage lower than you think it should be. If you did not work for the 13 weeks preceding the injury (maybe you were hurt on your first day) your wage is usually set by the wage of a similar employee for the 13 weeks prior to your injury.
Temporary Total Disability (TTD) Benefits
You are entitled to what is known as TTD benefits if your work injury results in your total disability from work. TTD benefits are two-thirds of your of your average weekly wage, but no more than $500 per week for injuries occurring on or after July 1, 2007. For injuries occurring prior to July 1, 2007, please use our TTD benefits calculator (link). Unless your injury is determined to be "catastrophic," you are only entitled to TTD benefits for a maximum period of 400 weeks from the date of injury.
"Catastrophic" injuries are not subject to the 400 week cap and include such injuries as paralysis, brain injury, severe neurological disorders, total blindness, and amputations of an arm, hand, foot or leg. An attorney can advise you if your injury may be "catastrophic" under Georgia law.
You do not necessarily have to be 100% physically disabled to be disabled from work. It does mean that you have a 100% impairment of earning capacity. If you are able to return to light duty work and your employer cannot or will not accept you back at work, you may still be entitled to TTD benefits.
Temporary Partial Disability (TPD) Benefits
You are entitled to TPD benefits when your earning capacity is impaired but you are not totally disabled from work. This means if you are injured and are unable to earn a weekly wage equal to the wage you were earning, you are entitled to two-thirds the difference between your wage before and after the accident, but no more than $334 per week. Your employer is responsible for paying this benefit whether you are earning a lower wage with the same or a different employer. You are eligible for these benefits for up to 350 weeks after you are injured.
Permanent Partial Disability (PPD) Benefits
Unlike TTD and TPD, this benefit relates entirely to your level of physical disability, not your earning capacity. An employee may be entitled to this benefit even if they never missed a day of work or lost any wages due to an injury. PPD is based entirely on a formula that takes into account your percentage of impairment (as determined by your doctor, not your employer), the part of the body impaired, and your compensation rate. However, PPD benefits will not begin until after an employee stops receiving weekly TTD or TPD payments. See our Compensation calculators (link) to learn more about how PPD benefits are computed.
Penalties for late payments
If you are not paid your TTD, TPD, or PPD benefits on-time, your employer may owe you a 15% penalty in addition to the amounts they already owe you. This is true if your employer incorrectly denied you your benefits for a period of time, or if they are already paying you your weekly benefits and miss a payment or mail it to you late.
Waiting period for receiving benefits
An injured employee is NOT entitled to any cash benefits for the first 7 days they are hurt unless the injury period lasts for at least 21 consecutive days. In other words, if you are out of work due to injury, your employer does not need to pay you any cash benefits until the 8th day of disability. If you are still disabled after 21 days, your employer must then go back and compensate you for the first week of your disability.
- Georgia Workers Compensation Benefits - What Kinds Of Medical Treatment Am I Entitled To?
Georgia Workers Compensation Benefits - What Kinds Of Medical Treatment Am I Entitled To?
by: Aaron Walter
This article is made available for educational purposes only, to give you general information and a general understanding of the law, not to provide specific legal advice. This should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
Medical Treatment under Georgia Workers' Compensation
The Good News:
Unlike most situations with cash benefits, your medical benefits are basically never-ending. In other words, once you have an "accepted" claim, one in which your employer or their insurer has paid you income benefits or has paid for your medical treatment, your employer owes you treatment related to that injury for as long as it takes to cure you, provide relief, or restore you to suitable employment. This obligation could go on for your entire life depending on the injury.
The Bad News:
Your medical information in workers' compensation is not confidential. Your employer and their insurance company will likely receive a copy of your medical information relating to your work injury. Also, the employer/insurer may not be required to pay for medical treatment from unauthorized doctors.
What doctors/hospitals/clinics can I receive treatment from?
Maybe the tightest held secret in workers' compensation is that your employer is required to and likely has posted somewhere in the deep recesses of your workplace a document called a "Panel of Physicians." This document must contain a list of six doctors or facilities with whom you have the right to seek treatment at your employer's expense. At least one doctor will need to be a licensed orthopedic surgeon. Orthopedics specialize in chronic and traumatic injuries to the body. However, your employer will likely encourage you to go to an industrial clinic for treatment of your injuries. Know that even after visiting this clinic you still have the right to choose to see an orthopedic surgeon who specializes in injuries like yours.
If your employer fails to post this "Panel" or does not allow you to select a doctor from this list they forfeit any control over who you receive medical treatment from. In other words, if you have a compensable work injury, your employer will be stuck paying for any doctor you choose to treat your injuries. For that reason your employer has probably unceremoniously placed this very important document on a wall in a break room next to seldom read minimum wage information, state/federal permits or business licenses, and safety information.
Once you have identified your employer's panel of physicians, take clear a picture of it (many people even have cell phone cameras that can do this). If you have the chance, take it down and make a photocopy of it. If no panel of physicians exits, take a photo of the area in which legal notices are hung where no panel is posted.
If I don't like my doctor, can I get a new one?
An employee is entitled to make one change in treating physicians from one physician to another on the same panel of physicians without any special authorization. Aside from picking a new doctor from your employer's panel you will likely need to have the employer agree to a change. If your employer refuses to allow a change outside the panel of physicians you may make a request to the State Board of Compensation and petition them to allow a change in physicians. This request is make using State Board of Workers' Compensation form WC-200b .
Additionally, if you are receiving any income benefits from your employer, you have the right to one independent examination (known as an IME) by a physician of your choosing at your employer's expense. While this doctor will not become your regular physician, if their opinion differs from your regular doctor it may provide a new direction for your treatment or support a claim for a change of physicians.
Unfortunately, your employer is not limited to one request for an IME and may require you to go to as many independent medical evaluations (IMEs) as they wish to pay for. Failing to attend IME appointments may result is the suspension of your benefits until such time as you attend the appointment.
Reimbursement of mileage expenses
Your employer is likely in no hurry to tell you, but they are required to compensate you for your medically related travel costs. With gas prices as high as they are, your travel expenses may be more considerable than you think. Your employer must compensate you at the rate 40 cents per mile traveled from your home to: your doctor's office, physical therapy, the pharmacy, and any other place of examination or treatment.
If you are required to travel away from your home city, the employer may also be responsible for the cost of meals and lodging.
I encourage you to keep an accurate log of all your mileage and submit it to your employer/insurer each month. If you never submit a mileage log for reimbursement you will never receive compensation for all the gas you burn up as a result of your injuries.
by: Aaron Walter
This article is made available for educational purposes only, to give you general information and a general understanding of the law, not to provide specific legal advice. This should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
Medical Treatment under Georgia Workers' Compensation
The Good News:
Unlike most situations with cash benefits, your medical benefits are basically never-ending. In other words, once you have an "accepted" claim, one in which your employer or their insurer has paid you income benefits or has paid for your medical treatment, your employer owes you treatment related to that injury for as long as it takes to cure you, provide relief, or restore you to suitable employment. This obligation could go on for your entire life depending on the injury.
The Bad News:
Your medical information in workers' compensation is not confidential. Your employer and their insurance company will likely receive a copy of your medical information relating to your work injury. Also, the employer/insurer may not be required to pay for medical treatment from unauthorized doctors.
What doctors/hospitals/clinics can I receive treatment from?
Maybe the tightest held secret in workers' compensation is that your employer is required to and likely has posted somewhere in the deep recesses of your workplace a document called a "Panel of Physicians." This document must contain a list of six doctors or facilities with whom you have the right to seek treatment at your employer's expense. At least one doctor will need to be a licensed orthopedic surgeon. Orthopedics specialize in chronic and traumatic injuries to the body. However, your employer will likely encourage you to go to an industrial clinic for treatment of your injuries. Know that even after visiting this clinic you still have the right to choose to see an orthopedic surgeon who specializes in injuries like yours.
If your employer fails to post this "Panel" or does not allow you to select a doctor from this list they forfeit any control over who you receive medical treatment from. In other words, if you have a compensable work injury, your employer will be stuck paying for any doctor you choose to treat your injuries. For that reason your employer has probably unceremoniously placed this very important document on a wall in a break room next to seldom read minimum wage information, state/federal permits or business licenses, and safety information.
Once you have identified your employer's panel of physicians, take clear a picture of it (many people even have cell phone cameras that can do this). If you have the chance, take it down and make a photocopy of it. If no panel of physicians exits, take a photo of the area in which legal notices are hung where no panel is posted.
If I don't like my doctor, can I get a new one?
An employee is entitled to make one change in treating physicians from one physician to another on the same panel of physicians without any special authorization. Aside from picking a new doctor from your employer's panel you will likely need to have the employer agree to a change. If your employer refuses to allow a change outside the panel of physicians you may make a request to the State Board of Compensation and petition them to allow a change in physicians. This request is make using State Board of Workers' Compensation form WC-200b .
Additionally, if you are receiving any income benefits from your employer, you have the right to one independent examination (known as an IME) by a physician of your choosing at your employer's expense. While this doctor will not become your regular physician, if their opinion differs from your regular doctor it may provide a new direction for your treatment or support a claim for a change of physicians.
Unfortunately, your employer is not limited to one request for an IME and may require you to go to as many independent medical evaluations (IMEs) as they wish to pay for. Failing to attend IME appointments may result is the suspension of your benefits until such time as you attend the appointment.
Reimbursement of mileage expenses
Your employer is likely in no hurry to tell you, but they are required to compensate you for your medically related travel costs. With gas prices as high as they are, your travel expenses may be more considerable than you think. Your employer must compensate you at the rate 40 cents per mile traveled from your home to: your doctor's office, physical therapy, the pharmacy, and any other place of examination or treatment.
If you are required to travel away from your home city, the employer may also be responsible for the cost of meals and lodging.
I encourage you to keep an accurate log of all your mileage and submit it to your employer/insurer each month. If you never submit a mileage log for reimbursement you will never receive compensation for all the gas you burn up as a result of your injuries.
- Georgia Workers' Compensation Benefits - What Employees Are Entitled To Benefits?
Georgia Workers' Compensation Benefits - What Employees Are Entitled To Benefits?
by: Aaron Walter
This article is made available for educational purposes only, to give you general information and a general understanding of the law, not to provide specific legal advice. This should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
What is Workers' Compensation?
In Georgia, Workers' Compensation operates as a "no fault" system for compensating injured workers for time missed from work and for costs of necessary medical treatment. The system presents trade-offs for Georgia workers. While it bars claims against an employer for personal injury, it also bars some of the defenses an employer could use against a workers' claim such as "assumption of the risk" or that the injury was caused by a fellow employee.
This system means you cannot sue your employer in State/Superior court for your injuries, like you would in other instances. Instead, an injured employee is compensated according to a schedule set out by the Georgia State Board of Workers' Compensation. Sadly, this means you will not be able to sue your employer for such things as pain and suffering from your injuries.
Exactly who is allowed to make a Georgia Workers' Comp claim?
The foundation of workers' compensation law is in defining who is an employer and an employee for workers' compensation purposes. Unfortunately, it is not always as simple as "I work for Company X, therefore Company X is my employer and I am his employee."
The basic rule as to whether an employee/employer relationship exists involves two seemingly simple criteria; 1) a person in the service of another, who is 2) under contract of hire.
There is no requirement that a work contract be written. Actual pay may not be necessary (ex. Volunteer firefighters or police, elected officials). Minors can still benefit from workers' compensation even if they are working in violation of child labor laws. Also, unlike many states, migrant workers and temporary employees are covered.
However, many types of employment or employers are not subject to workers' compensation. Types of employment not covered by Georgia Workers' Compensation include Domestic servants, Farm laborers, Railroad common carriers, Sports officials (umpire, judge, linesman, scorekeeper, timekeeper, etc.), Licensed real estate salespersons with independent contractor agreements, Partners in a business, and Independent Contractors.
Georgia Workers Compensation does NOT apply to employers that do not have at least three employees operating in the same business within Georgia. These minimum three employees must be "regularly in service" within the state. The term "regularly" does not mean constantly or continuously, only that there is a routine practice by the employer to utilize three or more employees, even if that many employees are working on the date of an accident. In most situations your boss will count towards the three employee requirement.
Independent Contractors
Employers often do everything they can to classify their employees as independent contractors to protect themselves from having to pay workers' compensation to their injured employees. There may be a debate as to whether you are in fact an independent contractor, but if you one, you are not entitled to workers' compensation. While it can be complicated determining whether you are an employee or an independent contractor, below are some of the factors to look at in determining your status:
CONTRACT - Existence of an independent contractor agreement signed by the worker
PAY - An hourly or salaried worker is likely an employee. When a worker is paid on a per-job basis he may be viewed as an independent contractor.
TAXES - If an employer withholds taxes, the worker is more likely an employee. However, just because your wages are reported on 1099 tax form instead of a W-2, your employer has not automatically made you an independent contractor.
TYPE OF WORK - If the workers' job is part of the regular business of the employer, rather than some additional service to the business, it would favor the employer/employee relationship.
JOB "TOOLS" - Who supplies the tools, supplies, or materials of the job? If the worker supplies all their own tools and materials it likely indicates an independent contractor relationship.
HOURS - If the employer controls a workers' hours, it likely indicates an employment relationship.
OVERALL CONTROL - If the employer controls how a worker does their job, as opposed to simply requiring certain results, the worker is likely an employee. These "how" factors focus on the hours, manner, methods, and means of performing the work.
by: Aaron Walter
This article is made available for educational purposes only, to give you general information and a general understanding of the law, not to provide specific legal advice. This should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
What is Workers' Compensation?
In Georgia, Workers' Compensation operates as a "no fault" system for compensating injured workers for time missed from work and for costs of necessary medical treatment. The system presents trade-offs for Georgia workers. While it bars claims against an employer for personal injury, it also bars some of the defenses an employer could use against a workers' claim such as "assumption of the risk" or that the injury was caused by a fellow employee.
This system means you cannot sue your employer in State/Superior court for your injuries, like you would in other instances. Instead, an injured employee is compensated according to a schedule set out by the Georgia State Board of Workers' Compensation. Sadly, this means you will not be able to sue your employer for such things as pain and suffering from your injuries.
Exactly who is allowed to make a Georgia Workers' Comp claim?
The foundation of workers' compensation law is in defining who is an employer and an employee for workers' compensation purposes. Unfortunately, it is not always as simple as "I work for Company X, therefore Company X is my employer and I am his employee."
The basic rule as to whether an employee/employer relationship exists involves two seemingly simple criteria; 1) a person in the service of another, who is 2) under contract of hire.
There is no requirement that a work contract be written. Actual pay may not be necessary (ex. Volunteer firefighters or police, elected officials). Minors can still benefit from workers' compensation even if they are working in violation of child labor laws. Also, unlike many states, migrant workers and temporary employees are covered.
However, many types of employment or employers are not subject to workers' compensation. Types of employment not covered by Georgia Workers' Compensation include Domestic servants, Farm laborers, Railroad common carriers, Sports officials (umpire, judge, linesman, scorekeeper, timekeeper, etc.), Licensed real estate salespersons with independent contractor agreements, Partners in a business, and Independent Contractors.
Georgia Workers Compensation does NOT apply to employers that do not have at least three employees operating in the same business within Georgia. These minimum three employees must be "regularly in service" within the state. The term "regularly" does not mean constantly or continuously, only that there is a routine practice by the employer to utilize three or more employees, even if that many employees are working on the date of an accident. In most situations your boss will count towards the three employee requirement.
Independent Contractors
Employers often do everything they can to classify their employees as independent contractors to protect themselves from having to pay workers' compensation to their injured employees. There may be a debate as to whether you are in fact an independent contractor, but if you one, you are not entitled to workers' compensation. While it can be complicated determining whether you are an employee or an independent contractor, below are some of the factors to look at in determining your status:
CONTRACT - Existence of an independent contractor agreement signed by the worker
PAY - An hourly or salaried worker is likely an employee. When a worker is paid on a per-job basis he may be viewed as an independent contractor.
TAXES - If an employer withholds taxes, the worker is more likely an employee. However, just because your wages are reported on 1099 tax form instead of a W-2, your employer has not automatically made you an independent contractor.
TYPE OF WORK - If the workers' job is part of the regular business of the employer, rather than some additional service to the business, it would favor the employer/employee relationship.
JOB "TOOLS" - Who supplies the tools, supplies, or materials of the job? If the worker supplies all their own tools and materials it likely indicates an independent contractor relationship.
HOURS - If the employer controls a workers' hours, it likely indicates an employment relationship.
OVERALL CONTROL - If the employer controls how a worker does their job, as opposed to simply requiring certain results, the worker is likely an employee. These "how" factors focus on the hours, manner, methods, and means of performing the work.
- Georgia Workers Compensation Benefits - What Cash Benefits Am I Entitled To?
Georgia Workers Compensation Benefits - What Cash Benefits Am I Entitled To?
by: Aaron Walter
This article is made available for educational purposes only, to give you general information and a general understanding of the law, not to provide specific legal advice. This should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
An injured employee covered by workers' compensation is entitled to medical treatment at the employer's expense. If the employee misses any work due to the injury or is permanently injured the employee is likely due one or more of three types of cash benefits. These cash benefits are:
Total Temporary Disability (TTD)
Total Partial Disability (TPD)
Permanent Partial Disability (PPD)
How are Workers' Compensation cash benefits calculated?
Your Workers' Compensation benefits are first based on a term called your "average weekly wage." That wage figure is then applied to the type of disability benefits you are entitled to. You're average weekly wage is computed by averaging your wages from the 13 weeks prior to the injury. This figure includes salary, hourly pay, tips, meal allowances, lodging allowances, clothing allowances, and even year-end bonuses.
Depending on how much you worked/made in the 13 weeks before the injury, this calculation could end up benefiting you or unfairly setting your wage lower than you think it should be. If you did not work for the 13 weeks preceding the injury (maybe you were hurt on your first day) your wage is usually set by the wage of a similar employee for the 13 weeks prior to your injury.
Temporary Total Disability (TTD) Benefits
You are entitled to what is known as TTD benefits if your work injury results in your total disability from work. TTD benefits are two-thirds of your of your average weekly wage, but no more than $500 per week for injuries occurring on or after July 1, 2007. For injuries occurring prior to July 1, 2007, please use our TTD benefits calculator (link). Unless your injury is determined to be "catastrophic," you are only entitled to TTD benefits for a maximum period of 400 weeks from the date of injury.
"Catastrophic" injuries are not subject to the 400 week cap and include such injuries as paralysis, brain injury, severe neurological disorders, total blindness, and amputations of an arm, hand, foot or leg. An attorney can advise you if your injury may be "catastrophic" under Georgia law.
You do not necessarily have to be 100% physically disabled to be disabled from work. It does mean that you have a 100% impairment of earning capacity. If you are able to return to light duty work and your employer cannot or will not accept you back at work, you may still be entitled to TTD benefits.
Temporary Partial Disability (TPD) Benefits
You are entitled to TPD benefits when your earning capacity is impaired but you are not totally disabled from work. This means if you are injured and are unable to earn a weekly wage equal to the wage you were earning, you are entitled to two-thirds the difference between your wage before and after the accident, but no more than $334 per week. Your employer is responsible for paying this benefit whether you are earning a lower wage with the same or a different employer. You are eligible for these benefits for up to 350 weeks after you are injured.
Permanent Partial Disability (PPD) Benefits
Unlike TTD and TPD, this benefit relates entirely to your level of physical disability, not your earning capacity. An employee may be entitled to this benefit even if they never missed a day of work or lost any wages due to an injury. PPD is based entirely on a formula that takes into account your percentage of impairment (as determined by your doctor, not your employer), the part of the body impaired, and your compensation rate. However, PPD benefits will not begin until after an employee stops receiving weekly TTD or TPD payments. See our Compensation calculators (link) to learn more about how PPD benefits are computed.
Penalties for late payments
If you are not paid your TTD, TPD, or PPD benefits on-time, your employer may owe you a 15% penalty in addition to the amounts they already owe you. This is true if your employer incorrectly denied you your benefits for a period of time, or if they are already paying you your weekly benefits and miss a payment or mail it to you late.
Waiting period for receiving benefits
An injured employee is NOT entitled to any cash benefits for the first 7 days they are hurt unless the injury period lasts for at least 21 consecutive days. In other words, if you are out of work due to injury, your employer does not need to pay you any cash benefits until the 8th day of disability. If you are still disabled after 21 days, your employer must then go back and compensate you for the first week of your disability.
by: Aaron Walter
This article is made available for educational purposes only, to give you general information and a general understanding of the law, not to provide specific legal advice. This should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
An injured employee covered by workers' compensation is entitled to medical treatment at the employer's expense. If the employee misses any work due to the injury or is permanently injured the employee is likely due one or more of three types of cash benefits. These cash benefits are:
Total Temporary Disability (TTD)
Total Partial Disability (TPD)
Permanent Partial Disability (PPD)
How are Workers' Compensation cash benefits calculated?
Your Workers' Compensation benefits are first based on a term called your "average weekly wage." That wage figure is then applied to the type of disability benefits you are entitled to. You're average weekly wage is computed by averaging your wages from the 13 weeks prior to the injury. This figure includes salary, hourly pay, tips, meal allowances, lodging allowances, clothing allowances, and even year-end bonuses.
Depending on how much you worked/made in the 13 weeks before the injury, this calculation could end up benefiting you or unfairly setting your wage lower than you think it should be. If you did not work for the 13 weeks preceding the injury (maybe you were hurt on your first day) your wage is usually set by the wage of a similar employee for the 13 weeks prior to your injury.
Temporary Total Disability (TTD) Benefits
You are entitled to what is known as TTD benefits if your work injury results in your total disability from work. TTD benefits are two-thirds of your of your average weekly wage, but no more than $500 per week for injuries occurring on or after July 1, 2007. For injuries occurring prior to July 1, 2007, please use our TTD benefits calculator (link). Unless your injury is determined to be "catastrophic," you are only entitled to TTD benefits for a maximum period of 400 weeks from the date of injury.
"Catastrophic" injuries are not subject to the 400 week cap and include such injuries as paralysis, brain injury, severe neurological disorders, total blindness, and amputations of an arm, hand, foot or leg. An attorney can advise you if your injury may be "catastrophic" under Georgia law.
You do not necessarily have to be 100% physically disabled to be disabled from work. It does mean that you have a 100% impairment of earning capacity. If you are able to return to light duty work and your employer cannot or will not accept you back at work, you may still be entitled to TTD benefits.
Temporary Partial Disability (TPD) Benefits
You are entitled to TPD benefits when your earning capacity is impaired but you are not totally disabled from work. This means if you are injured and are unable to earn a weekly wage equal to the wage you were earning, you are entitled to two-thirds the difference between your wage before and after the accident, but no more than $334 per week. Your employer is responsible for paying this benefit whether you are earning a lower wage with the same or a different employer. You are eligible for these benefits for up to 350 weeks after you are injured.
Permanent Partial Disability (PPD) Benefits
Unlike TTD and TPD, this benefit relates entirely to your level of physical disability, not your earning capacity. An employee may be entitled to this benefit even if they never missed a day of work or lost any wages due to an injury. PPD is based entirely on a formula that takes into account your percentage of impairment (as determined by your doctor, not your employer), the part of the body impaired, and your compensation rate. However, PPD benefits will not begin until after an employee stops receiving weekly TTD or TPD payments. See our Compensation calculators (link) to learn more about how PPD benefits are computed.
Penalties for late payments
If you are not paid your TTD, TPD, or PPD benefits on-time, your employer may owe you a 15% penalty in addition to the amounts they already owe you. This is true if your employer incorrectly denied you your benefits for a period of time, or if they are already paying you your weekly benefits and miss a payment or mail it to you late.
Waiting period for receiving benefits
An injured employee is NOT entitled to any cash benefits for the first 7 days they are hurt unless the injury period lasts for at least 21 consecutive days. In other words, if you are out of work due to injury, your employer does not need to pay you any cash benefits until the 8th day of disability. If you are still disabled after 21 days, your employer must then go back and compensate you for the first week of your disability.
- Georgia Workers Compensation Benefits - What Kinds Of Medical Treatment Am I Entitled To?
Georgia Workers Compensation Benefits - What Kinds Of Medical Treatment Am I Entitled To?
by: Aaron Walter
This article is made available for educational purposes only, to give you general information and a general understanding of the law, not to provide specific legal advice. This should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
Medical Treatment under Georgia Workers' Compensation
The Good News:
Unlike most situations with cash benefits, your medical benefits are basically never-ending. In other words, once you have an "accepted" claim, one in which your employer or their insurer has paid you income benefits or has paid for your medical treatment, your employer owes you treatment related to that injury for as long as it takes to cure you, provide relief, or restore you to suitable employment. This obligation could go on for your entire life depending on the injury.
The Bad News:
Your medical information in workers' compensation is not confidential. Your employer and their insurance company will likely receive a copy of your medical information relating to your work injury. Also, the employer/insurer may not be required to pay for medical treatment from unauthorized doctors.
What doctors/hospitals/clinics can I receive treatment from?
Maybe the tightest held secret in workers' compensation is that your employer is required to and likely has posted somewhere in the deep recesses of your workplace a document called a "Panel of Physicians." This document must contain a list of six doctors or facilities with whom you have the right to seek treatment at your employer's expense. At least one doctor will need to be a licensed orthopedic surgeon. Orthopedics specialize in chronic and traumatic injuries to the body. However, your employer will likely encourage you to go to an industrial clinic for treatment of your injuries. Know that even after visiting this clinic you still have the right to choose to see an orthopedic surgeon who specializes in injuries like yours.
If your employer fails to post this "Panel" or does not allow you to select a doctor from this list they forfeit any control over who you receive medical treatment from. In other words, if you have a compensable work injury, your employer will be stuck paying for any doctor you choose to treat your injuries. For that reason your employer has probably unceremoniously placed this very important document on a wall in a break room next to seldom read minimum wage information, state/federal permits or business licenses, and safety information.
Once you have identified your employer's panel of physicians, take clear a picture of it (many people even have cell phone cameras that can do this). If you have the chance, take it down and make a photocopy of it. If no panel of physicians exits, take a photo of the area in which legal notices are hung where no panel is posted.
If I don't like my doctor, can I get a new one?
An employee is entitled to make one change in treating physicians from one physician to another on the same panel of physicians without any special authorization. Aside from picking a new doctor from your employer's panel you will likely need to have the employer agree to a change. If your employer refuses to allow a change outside the panel of physicians you may make a request to the State Board of Compensation and petition them to allow a change in physicians. This request is make using State Board of Workers' Compensation form WC-200b .
Additionally, if you are receiving any income benefits from your employer, you have the right to one independent examination (known as an IME) by a physician of your choosing at your employer's expense. While this doctor will not become your regular physician, if their opinion differs from your regular doctor it may provide a new direction for your treatment or support a claim for a change of physicians.
Unfortunately, your employer is not limited to one request for an IME and may require you to go to as many independent medical evaluations (IMEs) as they wish to pay for. Failing to attend IME appointments may result is the suspension of your benefits until such time as you attend the appointment.
Reimbursement of mileage expenses
Your employer is likely in no hurry to tell you, but they are required to compensate you for your medically related travel costs. With gas prices as high as they are, your travel expenses may be more considerable than you think. Your employer must compensate you at the rate 40 cents per mile traveled from your home to: your doctor's office, physical therapy, the pharmacy, and any other place of examination or treatment.
If you are required to travel away from your home city, the employer may also be responsible for the cost of meals and lodging.
I encourage you to keep an accurate log of all your mileage and submit it to your employer/insurer each month. If you never submit a mileage log for reimbursement you will never receive compensation for all the gas you burn up as a result of your injuries.
by: Aaron Walter
This article is made available for educational purposes only, to give you general information and a general understanding of the law, not to provide specific legal advice. This should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
Medical Treatment under Georgia Workers' Compensation
The Good News:
Unlike most situations with cash benefits, your medical benefits are basically never-ending. In other words, once you have an "accepted" claim, one in which your employer or their insurer has paid you income benefits or has paid for your medical treatment, your employer owes you treatment related to that injury for as long as it takes to cure you, provide relief, or restore you to suitable employment. This obligation could go on for your entire life depending on the injury.
The Bad News:
Your medical information in workers' compensation is not confidential. Your employer and their insurance company will likely receive a copy of your medical information relating to your work injury. Also, the employer/insurer may not be required to pay for medical treatment from unauthorized doctors.
What doctors/hospitals/clinics can I receive treatment from?
Maybe the tightest held secret in workers' compensation is that your employer is required to and likely has posted somewhere in the deep recesses of your workplace a document called a "Panel of Physicians." This document must contain a list of six doctors or facilities with whom you have the right to seek treatment at your employer's expense. At least one doctor will need to be a licensed orthopedic surgeon. Orthopedics specialize in chronic and traumatic injuries to the body. However, your employer will likely encourage you to go to an industrial clinic for treatment of your injuries. Know that even after visiting this clinic you still have the right to choose to see an orthopedic surgeon who specializes in injuries like yours.
If your employer fails to post this "Panel" or does not allow you to select a doctor from this list they forfeit any control over who you receive medical treatment from. In other words, if you have a compensable work injury, your employer will be stuck paying for any doctor you choose to treat your injuries. For that reason your employer has probably unceremoniously placed this very important document on a wall in a break room next to seldom read minimum wage information, state/federal permits or business licenses, and safety information.
Once you have identified your employer's panel of physicians, take clear a picture of it (many people even have cell phone cameras that can do this). If you have the chance, take it down and make a photocopy of it. If no panel of physicians exits, take a photo of the area in which legal notices are hung where no panel is posted.
If I don't like my doctor, can I get a new one?
An employee is entitled to make one change in treating physicians from one physician to another on the same panel of physicians without any special authorization. Aside from picking a new doctor from your employer's panel you will likely need to have the employer agree to a change. If your employer refuses to allow a change outside the panel of physicians you may make a request to the State Board of Compensation and petition them to allow a change in physicians. This request is make using State Board of Workers' Compensation form WC-200b .
Additionally, if you are receiving any income benefits from your employer, you have the right to one independent examination (known as an IME) by a physician of your choosing at your employer's expense. While this doctor will not become your regular physician, if their opinion differs from your regular doctor it may provide a new direction for your treatment or support a claim for a change of physicians.
Unfortunately, your employer is not limited to one request for an IME and may require you to go to as many independent medical evaluations (IMEs) as they wish to pay for. Failing to attend IME appointments may result is the suspension of your benefits until such time as you attend the appointment.
Reimbursement of mileage expenses
Your employer is likely in no hurry to tell you, but they are required to compensate you for your medically related travel costs. With gas prices as high as they are, your travel expenses may be more considerable than you think. Your employer must compensate you at the rate 40 cents per mile traveled from your home to: your doctor's office, physical therapy, the pharmacy, and any other place of examination or treatment.
If you are required to travel away from your home city, the employer may also be responsible for the cost of meals and lodging.
I encourage you to keep an accurate log of all your mileage and submit it to your employer/insurer each month. If you never submit a mileage log for reimbursement you will never receive compensation for all the gas you burn up as a result of your injuries.
- Georgia Workers' Compensation Benefits - What Employees Are Entitled To Benefits?
Georgia Workers' Compensation Benefits - What Employees Are Entitled To Benefits?
by: Aaron Walter
This article is made available for educational purposes only, to give you general information and a general understanding of the law, not to provide specific legal advice. This should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
What is Workers' Compensation?
In Georgia, Workers' Compensation operates as a "no fault" system for compensating injured workers for time missed from work and for costs of necessary medical treatment. The system presents trade-offs for Georgia workers. While it bars claims against an employer for personal injury, it also bars some of the defenses an employer could use against a workers' claim such as "assumption of the risk" or that the injury was caused by a fellow employee.
This system means you cannot sue your employer in State/Superior court for your injuries, like you would in other instances. Instead, an injured employee is compensated according to a schedule set out by the Georgia State Board of Workers' Compensation. Sadly, this means you will not be able to sue your employer for such things as pain and suffering from your injuries.
Exactly who is allowed to make a Georgia Workers' Comp claim?
The foundation of workers' compensation law is in defining who is an employer and an employee for workers' compensation purposes. Unfortunately, it is not always as simple as "I work for Company X, therefore Company X is my employer and I am his employee."
The basic rule as to whether an employee/employer relationship exists involves two seemingly simple criteria; 1) a person in the service of another, who is 2) under contract of hire.
There is no requirement that a work contract be written. Actual pay may not be necessary (ex. Volunteer firefighters or police, elected officials). Minors can still benefit from workers' compensation even if they are working in violation of child labor laws. Also, unlike many states, migrant workers and temporary employees are covered.
However, many types of employment or employers are not subject to workers' compensation. Types of employment not covered by Georgia Workers' Compensation include Domestic servants, Farm laborers, Railroad common carriers, Sports officials (umpire, judge, linesman, scorekeeper, timekeeper, etc.), Licensed real estate salespersons with independent contractor agreements, Partners in a business, and Independent Contractors.
Georgia Workers Compensation does NOT apply to employers that do not have at least three employees operating in the same business within Georgia. These minimum three employees must be "regularly in service" within the state. The term "regularly" does not mean constantly or continuously, only that there is a routine practice by the employer to utilize three or more employees, even if that many employees are working on the date of an accident. In most situations your boss will count towards the three employee requirement.
Independent Contractors
Employers often do everything they can to classify their employees as independent contractors to protect themselves from having to pay workers' compensation to their injured employees. There may be a debate as to whether you are in fact an independent contractor, but if you one, you are not entitled to workers' compensation. While it can be complicated determining whether you are an employee or an independent contractor, below are some of the factors to look at in determining your status:
CONTRACT - Existence of an independent contractor agreement signed by the worker
PAY - An hourly or salaried worker is likely an employee. When a worker is paid on a per-job basis he may be viewed as an independent contractor.
TAXES - If an employer withholds taxes, the worker is more likely an employee. However, just because your wages are reported on 1099 tax form instead of a W-2, your employer has not automatically made you an independent contractor.
TYPE OF WORK - If the workers' job is part of the regular business of the employer, rather than some additional service to the business, it would favor the employer/employee relationship.
JOB "TOOLS" - Who supplies the tools, supplies, or materials of the job? If the worker supplies all their own tools and materials it likely indicates an independent contractor relationship.
HOURS - If the employer controls a workers' hours, it likely indicates an employment relationship.
OVERALL CONTROL - If the employer controls how a worker does their job, as opposed to simply requiring certain results, the worker is likely an employee. These "how" factors focus on the hours, manner, methods, and means of performing the work.
by: Aaron Walter
This article is made available for educational purposes only, to give you general information and a general understanding of the law, not to provide specific legal advice. This should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
What is Workers' Compensation?
In Georgia, Workers' Compensation operates as a "no fault" system for compensating injured workers for time missed from work and for costs of necessary medical treatment. The system presents trade-offs for Georgia workers. While it bars claims against an employer for personal injury, it also bars some of the defenses an employer could use against a workers' claim such as "assumption of the risk" or that the injury was caused by a fellow employee.
This system means you cannot sue your employer in State/Superior court for your injuries, like you would in other instances. Instead, an injured employee is compensated according to a schedule set out by the Georgia State Board of Workers' Compensation. Sadly, this means you will not be able to sue your employer for such things as pain and suffering from your injuries.
Exactly who is allowed to make a Georgia Workers' Comp claim?
The foundation of workers' compensation law is in defining who is an employer and an employee for workers' compensation purposes. Unfortunately, it is not always as simple as "I work for Company X, therefore Company X is my employer and I am his employee."
The basic rule as to whether an employee/employer relationship exists involves two seemingly simple criteria; 1) a person in the service of another, who is 2) under contract of hire.
There is no requirement that a work contract be written. Actual pay may not be necessary (ex. Volunteer firefighters or police, elected officials). Minors can still benefit from workers' compensation even if they are working in violation of child labor laws. Also, unlike many states, migrant workers and temporary employees are covered.
However, many types of employment or employers are not subject to workers' compensation. Types of employment not covered by Georgia Workers' Compensation include Domestic servants, Farm laborers, Railroad common carriers, Sports officials (umpire, judge, linesman, scorekeeper, timekeeper, etc.), Licensed real estate salespersons with independent contractor agreements, Partners in a business, and Independent Contractors.
Georgia Workers Compensation does NOT apply to employers that do not have at least three employees operating in the same business within Georgia. These minimum three employees must be "regularly in service" within the state. The term "regularly" does not mean constantly or continuously, only that there is a routine practice by the employer to utilize three or more employees, even if that many employees are working on the date of an accident. In most situations your boss will count towards the three employee requirement.
Independent Contractors
Employers often do everything they can to classify their employees as independent contractors to protect themselves from having to pay workers' compensation to their injured employees. There may be a debate as to whether you are in fact an independent contractor, but if you one, you are not entitled to workers' compensation. While it can be complicated determining whether you are an employee or an independent contractor, below are some of the factors to look at in determining your status:
CONTRACT - Existence of an independent contractor agreement signed by the worker
PAY - An hourly or salaried worker is likely an employee. When a worker is paid on a per-job basis he may be viewed as an independent contractor.
TAXES - If an employer withholds taxes, the worker is more likely an employee. However, just because your wages are reported on 1099 tax form instead of a W-2, your employer has not automatically made you an independent contractor.
TYPE OF WORK - If the workers' job is part of the regular business of the employer, rather than some additional service to the business, it would favor the employer/employee relationship.
JOB "TOOLS" - Who supplies the tools, supplies, or materials of the job? If the worker supplies all their own tools and materials it likely indicates an independent contractor relationship.
HOURS - If the employer controls a workers' hours, it likely indicates an employment relationship.
OVERALL CONTROL - If the employer controls how a worker does their job, as opposed to simply requiring certain results, the worker is likely an employee. These "how" factors focus on the hours, manner, methods, and means of performing the work.
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