IoKK0pLJapg0OjqIOrZapcSFrrsQEkk: Legal

Showing posts with label Legal. Show all posts

Saturday, December 8, 2012

Why You Need a Jones Act Lawyer For Maritime Accidents

Maritime accidents usually cause severe mental and bodily injury. Whether you're working on a barge, sea vessel or oil rig, there are many factors that can lead to an accident.

Employees who work on boats or oil platforms are covered by The Jones Act law. This law covers workers should they become injured on maritime or sea-based jobs. The Jones Act allows workers to file a claim to receive compensation for their injuries as many of these injuries are caused by employer negligence.

This type of case is very hard to prove and it is up to your attorney to prove the employer was negligent in providing a safe working environment. This type of work can be dangerous regardless of the environment provided so this is why it's important to hire an experienced Jones Act lawyer that has handled multiple cases and knows what to expect from the heavy hitting defense team and potential jurors that will review the case details should the defense refuse to settle.

Generally speaking, a successful plaintiff under the Jones Act can win the following sorts of damages:

1. Wages lost from the time of the injury to the time of trial;

2. Wage loss in the future;

3. Medical expenses in the past and in the future; and

4. Pain, suffering, and mental anguish in the past and in the future.

Without a doubt, the most important element of any Jones Act case is the measure of future wage loss. Obviously, seamen who have been on the job for a long period of time can earn a very good living. If an injury physically prohibits the worker from returning to work on a vessel, the difference between the earnings of the worker before the injury and after the injury are determined and then multiplied by the worker's expected work life. For example, if a seaman that was making $80,000 a year is injured and can only return to work to a job making $10,000 a year, the worker has a $70,000 a year wage loss. If the worker is twenty-five years old, his work life may be 35 years, and the future wage loss is a very significant amount. Federal law provides that any award for future wages must be reduced to present value and reduced further for the taxes the seaman would have to pay on his wages. That means an economist must calculate what sum of money paid today would deliver a stream of payments into the future equal to the amount the worker could have earned if he stayed on the job. Punitive damages are not recoverable in any maritime case.

US Supreme Court Confirms Right For Third-Parties to Bring Retaliation Claims Top 5 Questions For Those Injured On The Job Members' Voluntary Liquidation Vs De-registration Guide to Oklahoma Workers Compensation Benefits

Tradesmen In New Zealand And Consumer Rights

Finding a Tradesmen In New Zealand is quite easy, but you will first need to know your legal rights as a N.Z consumer.When Looking for a Tradespeople N.Z there are many resources you can choose from. If you are unfamiliar with your rights as a consumer then doing a little research on the legalities is a good place to start.

Ministry Of Consumer Affairs

There are a few things you need to know about New Zealand Trade Laws and a good place to start your research is New Zealand Ministry of Consumer Affairs, they have all the information you need concerning your rights. On the site simply Enter the trade person you require and you will be able to find out all you need to know about hiring That person, and your legal rights as a consumer. Below is the information they provide:

CGA - A Guide for Tradespeople and Service Providers.

Consumer Guarantees Act - A guide for Tradespeople and service providers.

Services covered by the Consumer Guarantees Act.

Goods covered by the Consumer Guarantees Act.

This should be all information you need to know concerning your rights as a consumer there is a wealth of information on this site created by the New Zealand Government. This is where one should start, the legality side of it then you be well prepared before hiring anyone.

Searching Online:

My trader is another good site that will let you browse through their directory for Free to search for Tradespeople. They also allow you to look through the reviews that consumers have written about their experiences with previous Tradespeople. Another site is called Master Trade which offers the same features with a huge directory of Tradespeople to choose from.

Certified - Qualified

Always make sure the Tradesman is a Certified N.Z Tradesman.You may find that some builders are masters at their trade and have been doing it for years. But if they are not qualified buy getting qualifications either through doing an apprenticeship or certified courses this means they are not under N.Z Trade Laws and may cause you problems in the long term.

Previous Work

You are now able to search online to see weather they are Qualified licensed building practitioner. The Certified Builders Association of New Zealand (CBANZ) Which up holds all N.Z Trade Laws in which only Qualified and Certified Tradespeople are Registered. Before they do any work always make sure to check their,Back Ground (Previous Work Experience) Current Qualifications, And weather Registered with the CBANZ.

Estimate:

Asking for an estimate means that he will give you a price on what he or she thinks it may cost. At the end of the day. When the Job is completed the actual cost may differ, but to be fair the price should only be a little over the estimation price that was discussed.

Quote:

On the other hand a Quote is a Set Price that a he will give you when the job is done or completed, including labor and materials. If you choose to agree with that Quote then he cannot charge you more then the agreed price, to be on the safe side it is best to get the Quote written on paper.

There is plenty of information Online, or in your local Directory, even word of mouth. It's always good to do your research before hiring tradespeople weather in New Zealand or abroad, it may save you a lot of money down the road when it comes to that final Bill.

Think You're a Victim of Workplace Bullying?

If you think you are the victim of workplace bullying you can feel as though you are isolated and alone, having to sort out all the problems yourself. You may feel you've done something to deserve the actions, or that perhaps it is just their management style and you're with someone who is a strong leader, and all you need to do is pull your socks up and live with it.

However if you're feeling panicked, or worried before you go into work, or you feel a surge of adrenaline every time you need to talk to the person the behaviour is stemming from, then you are most likely being bullied and need to address it before it affects your work, your health, and the overall well being of not only you, but everyone you come into contact with. When your life is negatively impacted it begins a ripple effect. You may find that others in your company are also being treated a similar way by the same manager or boss, and it's endemic at work.

It's really important to collect and collate all the information of any incidents, from recollections of what has happened to copies of emails and any written notes. Most bullies are very good at hiding evidence and not making anything too overt, which often adds to the problem as you feel you can't pin down exactly what is going on. Writing down events helps build a case should you need to go to mediation, or even court.

It's a good idea to read up on why people do bully. Learning to read those behaviours and why people do it helps you to become more attuned to what is going on and how to best manage it. Some people are more likely to be targets than others. If you've got abuse or hurt in your background you can often be more of an easy target and also often less likely to report it. Education helps you start to stand your ground a little more confidently.

Most companies have policies on how to best deal with workplace bullying including who to contact and how to report it. It's a good idea to ask to see the cope of this policy, especially if the person you directly report to is the person causing the problem. Once you have a plan of action you'll be ready to face your bully and do something to solve the problem.

Left Handedness & Power Tools

Many people associate left-handedness with creativity and success. Even though by many estimates only 10% of the population is left-handed, nearly half of America's Presidents in the past century have been left-handed. Many of history's greatest artists and thinkers have been left-handed as well.

Despite these positive associations, left-handed people are at a much greater risk of injury from power tools and large machinery. Many people are aware that scissors, computer mice, can openers, and many other common tools are often more difficult for left-handed people to use. But power tools and hand-operated machines often pose challenges to left-handed use as well.

Although it's possible to be seriously injured by scissors, the risks posed by power tools are often much greater. To make power tools easier to control, companies sometimes design handles and grips that fit snugly into a right hand. But if a left-handed person attempts to use such a tool with their left hand, it can be much more difficult to control than a tool without a molded grip.

Sometimes left-handed workers learn to use tools with their right hands. Although this can help, many left-handed people find it very difficult to use tools with their non-dominant hand. In some cases, even tools that are molded to fit the right hand can be very dangerous if used this way by left-handed people.

It can be difficult to find left-handed scissors and guitars. Left-handed power tools and machinery can be even more difficult to locate, so many employers do not account for the possibility of left-handed employees. Some may not realize how dangerous tools can become if they are used in the wrong hand, or are just unwilling to accommodate.

The increased risk tools pose for left-handed people leads to many injuries every year, some of them severe. Over the years, left-handed workers who have been injured have won lawsuits against negligent employers. If you have been injured because of difficulty using right-handed tools, and think your employer or former employer might be to blame, you may be able to win damages.

The Milwaukee personal injury lawyers of Habush Habush & Rottier, SC have helped numerous clients win damages because of workplace injuries. To speak to an experienced understanding personal injury lawyer, contact Habush Habush & Rottier, SC today for a free consultation.

Tough Times Hurt More Than Just the Bottom Line

In the current harsh economic climate the one thing on everyone's mind, both business owners and individuals, is money. Cash flow, debt repayments and investment losses to name just a few, along with "how we are going to dig ourselves out of this financial rut that we are stuck in?"

And yes, whilst money is most definitely the main concern here, a recent statement by Dr Simon Moss from Monash University highlights the fact that we must try to not let our financial worries impact on other areas of the business.

Understandably, executives and business owners across Australia, and indeed around the world, are becoming increasingly stressed about how to handle the "money" side of things. On top of that, another thing to be aware of at times such as these, is that it is only human nature that we are more likely to make the wrong decisions when put under pressure.

Dr Moss says that stress causes the shut down of the mechanisms in our brain that help to provide a broader perspective and insight when addressing a problem or making a decision.

Consequently, decisions that are made during a stressful time can potentially have a long lasting and damaging impact on a business.

Essentially, these decisions are seen to be made with the business's short term survival in mind, and without necessarily pausing to consider how they might affect the company's long term goals and intended direction.

Bad or wrong decisions that are made in stress and haste can result in unfavourable situations such as reduced productivity or progression, unhappy employees, poor recruitment choices or below average customer service standards. This could be due to the fact that a majority of executives and business owner's attention is focused on how to just stay ahead.

It can be seen that in uncertain times, employees respond better to leaders and managers who aim to provide guidance and vision, rather than emotion-driven "quick fixes". It is important that managers learn to trust their intuition when making theses important decisions. They have got to their current position based on their business acumen and skills and should rely on that accrued knowledge to get them through the tough times. If nothing else, admitting that they do not have the ultimate solution and seeking further advice in order to arrive at a conclusion will be better regarded by all those involved in the long term future of the business.

The Quinn Group provides legal, accounting and financial planning advice to businesses and individuals. As well being a Chartered Accountant and practicing lawyer, the Director, Michael Quinn, also acts as a consultant, coach, educator and mentor. If you would like professional advice on the best decisions for yourself or your business in these tough times please contact us on 1300 QUINNS or click here to submit an online enquiry.

Super Co-Contributions - Maximize Your Super Fund and Secure Your Financial Future

With recent events across the globe emphasising the volatility of the international financial market it is perhaps some timely advice that consumers make a move to not just focus on the immediate effects of the current downturn. It is important that, in times such as these, that we continue to also look to the future in an attempt to make personal financial decisions that will have a long-lasting impact and can potentially secure our financial future.

One area in particular that taxpayers should be considering, and that can potentially make tens of thousands dollars difference in numerous years time, is superannuation. By taking full advantage of the Government's Superannuation Co-contribution initiative Australian taxpayers can be proactive in securing their financial future.

Changes to the co-contribution eligibility criteria will see even more taxpayers able to receive the benefits of the scheme, even if they were not eligible prior to 1 July 2007.

In broad terms, you are eligible to receive the Government superannuation co-contribution if:

o you make personal, after-tax contributions to a compliant super find or retirement savings account (RSA) by 30 June each financial year; o you have a total annual income of less than $60,342, which is indexed annually; o 10% or more of your total annual income is from eligible employment, running a business or a combination of both; o you are less than 71 years old at the end of the relevant income year; o you do not hold a temporary resident visa; and o you lodge an income tax return in the relevant financial year.

After 1 July 2007, the criterion has been changed such that self-employed sole traders and partners in a partnership may now be eligible to receive the co-contribution from the Government. Additionally, you must provide your tax file number to your super fund in order to receive the co-contribution and both the low and high income thresholds will be indexed annually in order to accurately reflect national changes in average wages prices.

Currently, the maximum income threshold that is required in order to qualify for the Government co-contribution is indexed at $60,342.

Total income is defined by salary and wages and net business income as well as interest, rent and dividends and reportable fringe benefits and as a result to may not be the same as our taxable income amount.

An additional benefit for taxpayers that makes the co-contribution scheme even more appealing, is that there is no application process required. So long as you make personal, after-tax contributions to your super fund or RSA before 30 June and lodge your income tax return you will receive your required amount of co-contribution, provided that you meet the other criteria items.

Your super fund report will report the amount of your personal contributions to the tax office and upon the lodgment of your annual tax return your eligible co-contribution amount will be calculated and credited to your super fund. It is important to be aware that if you fail to provide your fund with your tax file number then personal contributions will and cannot be accepted and you could forfeit any co-contribution eligibility as a result.

Superannuation co-contributions are just one way that taxpayers can actively take steps to ensure financial security for their future. At The Quinn Group, our team of expert accountants can provide you with a range of individually tailored financial strategies that can help you to create a secure financial future for you and your loved ones. If you would like more information on making the most of your super fund or for advice on any other accounting or financial matter you can contact us by calling 1300 QUINNS or click here to submit an online enquiry.