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June 2015 Archives

How Do I Start a Workplace Claim?

Even in a private workplace, you have rights as an employee. You can't be discriminated against based on certain factors such as race, religion or sex. You have the right to work in a safe environment free of harassment based on membership in a protected class. You have the right to be paid for your time and you may also have the right to take medical leave for yourself or a family member. You may also have the right to privacy for your life outside of work.

Do I have to tell my Insurance that my Injuries were Caused by Someone Else?

You're driving to pick up your child from school when you're hit from behind. It's minor-neither car has any damage. You decide to get their information just in case, but your car is fine. You don't need to make a claim. No big deal.

What is Proximate Cause?

In a personal injury case, the plaintiff has the burden of proving that their injury was caused by the defendant's negligence. To prove this, you must be able to show that the person who injured you had a duty to exercise care, that they neglected that duty, and that neglect caused your injury.

What is Negligent Hiring?

Everyone has that one coworker-someone who creeps you out, or who won't leave you alone. Maybe you put up with it because it's merely annoying and not dangerous or abusive. But what happens when you discover that your creepy coworker has a past history of escalation in situations like yours? And what if your company neglected to do a background check that would have revealed this information?

Should I be a Paid Employee Instead of an Unpaid Intern?

Many companies offer internships as a way for students to gain experience in a field without having to actually go get a job in that field. Many business programs even require that individuals complete an internship as part of their study. However, recent litigation has exposed abuse of unpaid interns. Many individuals are serving in unpaid positions as interns when, legally, they should be getting a paycheck just like any other employee.

What is a Subrogation Interest or Lien?

By the time you receive a settlement or damages for an injury caused by medical malpractice, your insurance company has likely already paid for medical treatment related to your injuries. If it's then proven that someone else caused those injuries, the insurance company is going to want their money back. When a third-party insurer foots the bill for medical malpractice, a subrogation lien is how they recoup their losses.

What is "Ban the Box"?

Thirteen states-including Vermont and Virginia as of 2015-and 100 cities and counties around the country have removed the conviction history box and moved the background check to a later stage in the hiring process. What's behind this movement, and how can it benefit prospective employees?

Can I be Held Liable for Giving an Employment Reference?

It happens to most of us a few times a year: A friend calls you up, texts or emails, asking if you can be a reference for them. "Sure," you say. Regardless of what you think of them, if they think highly of you enough to ask for a reference, it would be awkward to say no. But what happens if something goes wrong at their next job? What if they do something that's illegal, harms or injures someone? Can you be held liable simply for providing a reference?

What Kind of Expert is Needed for a Medical Malpractice Claim?

When you initiate a medical malpractice claim, you must have certification from a doctor in the same field that says that your claim is valid and that it's likely that your doctor violated the standard of care established in that field of medicine. But what other experts are required for a medical malpractice case?

What is a Demand Letter?

When you have a medical malpractice claim, you have to go through several steps to get your claim addressed, including a submitting a demand letter. Most of the time, a doctor's insurer is not going to settle a malpractice case without first going through the process of filing a lawsuit. Doctors pay a large amount in malpractice insurance for this reason-they want their reputation defended when there is a claim against them.

What Accommodations Do I Have the Right to When I am Pregnant?

More women are choosing to stay in the workforce during and following pregnancy, and that means more employers have to figure out alternative duties for women who can't lift or stay on their feet for long periods during pregnancy. Many women aren't familiar with what they can or can't request as an accommodation while pregnant.