Wednesday, November 23, 2011

Sexual Harassment: Dealing With it Inside the Workplace

A steady and comfortable working relationship is part and parcel of the whole experience of employment. For employees and superiors to work harmoniously to achieve a common goal, it is an imperative in the workplace to observe proper decorum when dealing with each other. As such, it is also an imperative for all within the workplace to act out professionally and, as much as possible, set aside personal and social dealings for the sake of work.

But at some point, the workplace can be a hostile environment to work on. It could start from a simple, offensive joke from a co-worker that is quite obscene in nature. Another co-worker would start making sexually suggestive comments towards a female employee. It could go even worse; from putting pornographic material on the wallpaper of the computer, to a sexual assault initiated by a high-ranking superior towards an employee.

Sexual harassment is seen as one of the most common problems inside the workplace. To define it in the legal sense, it is an “unwelcoming” sexual advance or conduct within the employment scheme that instigates an unacceptable working environment that is described as either hostile or offensive. It is an equal opportunity offense; it does not only refer to the common man-harasses-woman form, but also refers to sexual advances between superiors and employees of different sexual orientations.

But then, sexual harassment can be stopped right away. Anyway, employees are protected by the federal and state statutes that prevent them from getting sexually harassed. For instance, the Title VII of the 1964 Civil Rights Act puts employers responsible for preventing sexual harassment while on the job. In California, the FEHA or California Fair Employment and Housing Act also has a stipulation of forbidding sexual harassment while on the job.

There are ways to stop a harasser from going under the co-worker or employee’s skin. Telling the harasser to stop is the simplest way. Explaining the reason for stopping his sexual advances would clear everything up. An ignored plea to stop the harassment may get out of hand, so it is best for the harassed to tell his or her high-ranking bosses about it.

For sure, the bosses would reprimand the erring harasser for his misconduct. If the employer is not cooperative enough, the harassed may be off filing a complaint with the Equal Employment Opportunity Commission or EEOC. Doing so may strengthen his or her bid to file a lawsuit with the help of available Los Angeles employment lawyers. That way, the harassed could successfully end dealing with his or her harasser.

Friday, November 11, 2011

Asserting Personal Injury Claim in a California Truck Accident

Getting injured in a truck accident can be serious or fatal because the victim may suffer from serious physical injuries such as traumatic brain injury and spinal cord injury. Under the law, a big rig accident victim has the legal right to file for personal injury lawsuit provided that the mishap was not his fault.

Proving negligence

The first step involved in filing for a personal injury claim due to a truck accident is proving negligence of the other party. Pursuant to tort law, a person may be considered negligent if he or she has caused harm or injury to another because of failing to provide reasonable care.

Generally, it is difficult to prove one’s negligence on personal injury cases, which is why getting legal assistance from California attorneys is always suggested and almost necessary. Injury claims often involves dealing with complicated legal structures. Hence, it would be best to seek legal help from expert litigators.

Obtaining compensation pay

Road accident victims always have to spend on medical treatments, therapies, and medications. Moreover, they have to deal with lost earnings due to the accident. Although such scenario is common for almost all accident situations, truck accident victims should not take the issue lightly. Instead, they should make sure that the negligent motorist involved will provide compensation for the either economic or non-economic damages.

The following are common damages a truck accident victim may assert for from the liable individual:

·         Medical expenses
·         Property damages
·         Pain and suffering
·         Loss of income
·         Emotional distress
·         Loss of consortium
·         Legal costs and/or attorney fees

California attorneys always remind big rig accident victims to learn their rights under the law in order to successfully file for a personal injury claim. Having a legal representative for injury claim is always helpful when it comes to proving negligence of the liable individual and successfully obtaining damages.

Thursday, November 10, 2011

How SSA Helps Americans in Various Life Situations

RPQHJK7U2H86 Each American’s phase of life involves different and other times unique set of financial needs. Fortunately, in each stage of life, Social Security Administration has a benefit program to offer.

Social Security benefits play a vital and crucial role in providing financial support to majority of Americans. Many people think that Social Security is only about supporting retiree and senior Americans, however, in reality, almost any citizen may apply for benefit programs of the agency as long as they are eligible to do so.

When you sustain disabling condition while still an employee

There are times when a healthy worker gets disabled for all unexpected reasons, generally this type of situation is always considered unfortunate. However, disabled workers should not be discouraged with the financial setbacks they should endure because SSA offers two programs to support their monetary needs.

A disabled employee may choose between applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). The applicant should prove that he or she cannot substantial gainful activity, he or she is physically or mentally disabled, and the disability is expected to last for at least a year. Additionally, children of a disabled employee may also claim for benefits as long as that their parent’s condition was sustained before they reached the age of 22.

For claiming SSI, the applicant must have under $2,000 in assets and limited income. Furthermore, children who are blind or disabled may also be eligible to claim for supplemental benefits.

When your spouse or family member dies

Losing a spouse or family member is obviously emotionally devastating; furthermore, it is also financially overwhelming. When you experience such unfortunate life scenario, you may claim for survivor’s benefits program from the Social Security.

Spouse, children, parents, or financial dependents of a deceased employee who paid enough social security taxes may apply for the benefit program. Approved applicants may receive monthly survivors benefit payment from SSA.

When you decide to retire from work

Workers who decide to retire from his career, the Social Security provides a strong foundation for a secured retirement payments. The contributions of retired worker to the society are generally recompensed by Social Security retirement insurance program.

Applicants for retirement benefits may either choose to retire early or to retire when they reach full retirement age. Claimants should take note that retiring before full retirement age means obtaining decreased amount of payment, while retire on determined retirement age means receiving full amount of benefits.

Wednesday, November 2, 2011

Ways to Claim for Compensation

Road accidents in California do not only involve car collisions because every year hundreds of pedestrian accidents also occur in the State. According to statistics, roughly 60,000 people are killed annually due to pedestrian mishaps in the United States. Furthermore, children and the elderly people are at most risk for being fatally struck while crossing streets.

Pedestrian accidents in California may be prevented if people realize the most common causes for such mishap. The following are determined common factors that usually result in fatal pedestrian accidents:

·         Distracted driving
·         Failure to comply with traffic rules such as speed limits
·         Failure to respect pedestrians using designated crosswalks
·         Driving under the influence of alcohol
·         Pedestrian’s failure to follow traffic signal
·         Jaywalking
·         Inattentive walking

Pedestrian accidents may be prevented by following simple steps, and these include:

·         Comply with traffic rules
·         Give pedestrians the right of way especially when at school zones
·         Do not drive while using cell phone or other personal electronic devices
·         Slow down when passing by crosswalks
·         Never drive intoxicated
·         Be cautious when driving around places with many pedestrians
·         Do not attempt to walk on undesignated crosswalks

Pedestrians who get injured or harmed due to the negligence of a driver should consult with a California lawyer so as to learn about the appropriate legal step to take. Under the law, motorists who fail to provide reasonable care to others may face personal injury lawsuit.

Legally speaking, people who sustain injuries due to negligence of another have the right to assert for personal injury claim. If proven negligent, the liable party may have to provide compensatory payments to the victim. Compensatory damages may include payments for financial losses of the victim such as hospital bills, loss of income, and medications.
Filing for a personal injury lawsuit is generally complicated undertaking which is why it is suggested to contact with a California lawyer first before filing a claim.