Lawyers.com Blog

Is there Hope for Job Opportunities for the Disabled and Unemployed?

nospam@example.com (David J. Linesch) — Thu, 24 May 2012 09:39:25 -0400

Nearly 22 years after the passage of the Americans with Disabilities Act, and 39 years after the passage of the Rehabilitation Act of 1973, people with disabilities continue to be employed at much lower levels than those without disabilities.

The EEOC reports that there are over 27 million eligible employees with disabilities in the United States, yet the unemployment rate for disabled people has consistently outpaced that of the general population - 12.9 % in 2012 versus 8.7% for others.

U.S. Secretary of Labor, Hilda L. Solis, in an attempt to lower the disabled unemployment rate, has introduced a quota system that could change the way federal contracts are administered. This quota would require most firms that contract or subcontract with the federal government, to have disabled people make-up 7% of their workforce or more than 50 employees. This change will ultimately allow a greater number of disabled and unemployed individuals to procure jobs.

While some companies believe that this could cause more problems within the workforce, and ultimately lower their productivity, others are embracing this possible change. The Executive Diversity Council of Lockheed Martin, explained that they believe that by employing people with disabilities created a more diverse, compassionate, supportive, and flexible workplace environment. Incorporating “reasonable accommodations” for a disabled employee has a positive impact on an organizational culture, promoting teamwork, reducing conflict and affirming a sense of community and meaning in people's daily work. More importantly, respecting people with disabilities is a highly visible value for all “employees.”

To learn more about the disability rights in the workplace please consult our Disabilities Rights page or our Resources section of our website or, if you feel like you have been discriminated against for a disability, please contact us.
Continue reading "Is there Hope for Job Opportunities for the Disabled and Unemployed? "

Some Benefits that May Be Available to Employees Hurt at Work

nospam@example.com (Andrew S. Neuwelt) — Thu, 24 May 2012 08:44:32 -0400

If you have been hurt at work, you may be entitled to
certain benefits such as medical care, lost wages, impairment income,
vocational retraining, medications, mileage reimbursements, settlements and
more. However, the insurance companies won't voluntarily give you many of these
benefits. At the Law Offices of Franks & Koenig it is our job to fight to
maximize each benefit you are entitled to under the law.

Florida's workers' compensation law requires insurance
companies to provide injured employees access to medical care after being hurt
at work they might not be able to afford if they did not have health insurance.
If the injured employee is taken out of work, or returned to work with
restrictions that the employer cannot accommodate, we can help obtain lost
wages that might not otherwise be available if an employee did not have some
type of income disability insurance policy.

In Florida, as in most other state's workers' compensation
systems, a worker injured on the job does not have to prove another party was
at fault like a plaintiff would in a non-work related accident (think of motor
vehicle accidents or slip and fall accidents at a grocery store or movie
theater). Even if the accident was caused by the injured worker themselves,
workers' compensation insurance must provide benefits (presuming the worker was
not intoxicated or failed to use safety equipment).

In exchange for not having to prove another party's fault,
injured workers in the workers' compensation system are not able to collect
money for damages like pain and suffering, loss of enjoyment of life or loss of
future income or earning capacity.

If you or a loved one has been hurt at work, please feel
free to call today for a free and confidential consultation. An experienced
workers' compensation attorney at the Law Offices of Franks & Koenig is
waiting to speak with you today.

Hurt at Work? We Can Help! 1-(877) WE-CAN-HELP
(1-877-932-2643)

West Palm Beach Workers' Compensation Judge Orders Insurance Company to Pay for Injured Utility Worker's Low Back Surgery

nospam@example.com (Andrew S. Neuwelt) — Thu, 24 May 2012 08:43:17 -0400

A West Palm Beach judge recently ruled in favor of an
injured utility worker who suffered extensive injuries to his low back after lifting a pallet at work. The employee
initially obtained treatment with various doctors until ultimately coming under
the care of a pain management physician and a spine surgeon. These two doctors
provided several different courses of treatment including facet injections and
epidural steroid injections. After exhausting all non-invasive care, the spine
surgeon performed an L4-5 microdiscectomy on the injured worker's low back.

Following the surgery, the injured utility worker continued to experiencelow back pain consistent with facet joint related
pain. Facet joint disorders are some of the most common recurrent disabling low
back problems and can cause serious symptoms and disability. The authorized
pain management physician recommended a course of post-surgical facet
injections which were authorized and paid for by the workers' compensation
insurance company. The injured worker was able to enjoy 48 hours of relief before
the pain returned. Based on the failed course of care up to that point, the
pain management doctor recommended a Radio Frequency Ablation (RFA).

The RFA, or rhizotomy, is a minimally invasive procedure
where the patient remains awake throughout the process. RFAs are used by pain
management doctors to treat severe chronic pain in the lower back and neck. A
device is used to create radio frequency waves which produce heat that is
directed to the nerves surrounding the facet joints on either side of the lumbar
spine. The heat destroys the nerves ability to transmit pain signals to the
brain.

However, the workers' compensation insurance company denied
the RFA stating that the test was not medically necessary and the need for the
procedure was not related to the workplace accident. The insurance company
obtained a medical expert who questioned the injured worker's truthfulness and
mistakenly testified that the injured employee did not need the RFA because he
did not have pain relief after the facet injections notwithstanding the fact
that the evidence demonstrated he did have pain relief.

After reviewing the medical records and doctor's depositions
submitted into evidence, the Judge ruled that the carrier could not deny that
the need for the RFA was causally related to the accident and correctly pointed
out the insurance carrier's expert's mistake.

Based on the above information, the Judge found in favor of
the injured employee, ordered the insurance company to authorize and pay for
the low back RFA and to pay the injured employee's attorney's fees and costs.

If you or a loved one has been hurt at work, one of the
experienced workers' compensation attorneys at the Law Offices of Franks
& Koenig is waiting to speak with you for a free and confidential
consultation. Why wait? Call today.

Hurt at Work? We Can Help! 1-(877) WE-CAN-HELP
(1-877-932-2643)

2012 Maximum Compensation Rate is $803.00

nospam@example.com (Andrew S. Neuwelt) — Thu, 24 May 2012 08:42:17 -0400

The Florida Department of Financial Services provided an
annual increase in the weekly compensation rate that injured employees are paid
if placed on a no work status by an authorized workers' compensation doctor. Ifplaced on a no-work status, inured workers are eligible to
collect indemnity benefits (lost wage checks) which are calculated at 66 2/3%
of an injured workers' average weekly wage. These benefits are called Temporary
Total Disability benefits. The maximum weekly amount that an injured worker can
receive if placed on a no work status is $803.00, if the injury occurred in
2012. The maximum weekly compensation rate in 2011 was $782.00.

Read the memo here

If you or a loved one has been hurt at work, one of the experienced workers'
compensation attorneys at the Law Offices of Franks & Koenig is waiting to speak
with you for a free and confidential consultation. Why wait? Call today.

Hurt at Work? We Can Help! 1-(877) WE-CAN-HELP (1-877-932-2643)

Florida Workers' Compensation Question: Can I Be Forced to Have Surgery?

nospam@example.com (Andrew S. Neuwelt) — Thu, 24 May 2012 08:41:31 -0400

A new client called with a dilemma. His work comp doctor
told him he had to have a major surgery to his low back called a fusion. This surgery involves
putting the client under anesthesia, cutting open his low back and drilling
into his spine with plates, rods and screws. The client advised me that he was
freaked out by the thought of surgery but the insurance company was pressuring
him and his boss told him he didn't know how long his position could be held
open. He wanted to treat but he did not want the surgery and was afraid of
losing the medical care and work comp checks.

In Florida, an injured worker cannot be forced to undergo any treatment against
their will. Even if an authorized workers' compensation doctor recommends such
care, an injured worker can choose not to treat. In these situations the
insurance company may try to pressure you like they did the client I mentioned
above. Do not allow the workers' compensation insurance company, or your
employer, to threaten you with scare tactics and pressure you to have any
medical care you do not wish to receive.

As experienced workers' compensation attorneys we deal with situations like
this on a daily basis. We know the law and are able to help our clients make
informed decisions about their options including what to do when the insurance
company tries to force you to do something you don't want to do.

The attorney's here at the Law Offices of Franks & Koenig are here to help
injured workers' face these difficult decisions. If you or a loved one has been
hurt at work, one of the experienced workers' compensation attorneys at the Law Offices of Franks
& Koenig is waiting to speak with you for a free and confidential
consultation. Why wait? Call today. Hurt at Work? We Can Help! 1-(877)
WE-CAN-HELP (1-877-932-2643).

Florida Work Comp Judge Tells Insurance Company: You Cannot Cut Off Benefits When Injured Workers Don't Want Surgery

nospam@example.com (Andrew S. Neuwelt) — Thu, 24 May 2012 08:39:29 -0400

On May 19,2012 I posted a blog advising how the insurance companies cannot force
cut off an injured workers' benefits to force them to have surgery. I advised
to be wary of insurance companies who may try to refuse to pay lost wages or
otherwise disrupt your claim. It seem that a St. Petersburg workers'
compensation Judge agrees with me.

A 55 year-old Miami resident was at work when she suffered injuries
to herlow back and wrist. The work comp doctors assigned
restrictions, the insurance company paid lost wage checks and she ultimately was
recommended to have wrist surgery. The worker was scared to have the surgery
and advised the doctors she did not want the procedure. The insurance company
terminated her checks and refused to pay her for the wages she was owed. After
the trial , the workers' compensation Judge found that the insurance company
had wrongfully suspended lost wage benefits. Specifically, he found that her
fear was reasonable under the circumstances and that she should not be
penalized by the workers' compensation insurance company for choosing not have
the operation.

The experienced workers' compensation attorneys at the Law Offices of Franks
& Koenig are dedicated to helping injured workers receive the medical and
lost wage benefits they deserve. We know how to deal with situations like the
one that happened to the worker in this case and we are ready and waiting to
help you fight the insurance companies when they try to prevent you from
receiving the care and money you are entitled to under the law.

If you or a loved one has been hurt at work, one of the experienced workers'
compensation attorneys at the Law Offices of Franks & Koenig is waiting to
speak with you for a free and confidential consultation. Why wait? Call today.
Hurt at Work? We Can Help! 1-(877) WE-CAN-HELP (1-877-932-2643).

FERS & CSRS Federal Disability Retirement from the Office of Personnel Management: Chekhov's Short Story, "Old Age"

What exactly is a personal injury lawsuit? You may have heard this term before but have only the vaguest idea of what it really means. Can anyone file a personal injury lawsuit? How do you know if you have a valid personal injury claim? Do people really make money on personal injury cases? A California personal injury attorney in Costa Mesa can answer these and all questions you have about personal injury cases.

Personal injury is the area of the law that focuses on accidents caused by an individual or an organization that lead to damages to others. Car accidents, bus accidents, and motorcycle accidents are all personal injury issues. Slip and fall accidents, workplace accidents, and dog bites also come under the heading of personal injury law. Any accident where physical, emotional, or psychological damage is evident may be a personal injury case.

Deciding who is at fault for the personal injury accident can be a complicated process. Sometimes, as in the case of a car accident, there is clearly one individual who caused the accident and therefore is responsible for the injuries others sustained. On the other hand, there are cases where there are several people or organizations involved, and knowing which one is legally responsible for the damages is crucial to recovering those damages in a personal injury lawsuit.

Costa Mesa personal injury lawyers are experts who have this type of knowledge. A personal injury lawyer can look at the facts of a case and immediately tell you who will be held legally liable, along with the jurisdiction or location in which the case should be filed. These personal injury attorneys have great experience working with personal injury victims and have seen many cases such as yours; on the other hand, this may be your first time dealing with any type of personal injury issue. It makes sense to let the experts handle your case and trust that you are doing the right thing by hiring a professional.

If you have been the victim of an accident, do not assume that you cannot collect any money until you have talked with a professional personal injury attorney. Your personal injury lawyer will examine the facts and give you accurate information about your case and your chances of collecting a settlement. You will gain the peace of mind of knowing that you have done the right thing in consulting someone with the legal experience to handle your personal injury matter.

Continue reading "What Exactly is a Personal Injury Lawsuit? "

The Do's & Don'ts When Interviewing Long Beach Personal Injury Lawyers

nospam@example.com (John P. Bisnar) — Wed, 23 May 2012 16:23:50 -0400

Hiring a personal injury attorney is a serious decision, and you should
be aware of some facts about personal injury lawyers before you make
your choice. Hiring the right personal injury lawyer requires some
thought and work, but you can make a good choice if you follow a few
simple rules.

First, you must find a personal injury lawyer with whom you feel comfortable. You cannot work with an attorney you do not trust or cannot talk to. Interview your personal injury attorney carefully before signing a fee agreement. Once you hire a lawyer, it becomes much more difficult to change your mind if you do not like or cannot work with your choice of attorney. Before you commit to work with a personal injury lawyer, spend some time asking questions and go with your instinct. You want an attorney that listens to you, answers your questions in language you can understand, and sympathizes with your situation, but you also want an attorney who will be honest with you about the value of your case.

Professional Long Beach personal injury lawyers never charge for an initial consultation. Charging for a consultation is a sure sign that you are dealing with a personal injury attorney who is not as interested in taking the right cases and is simply interested in collecting a fee. Instead, look for a personal injury attorney who offers a free consultation and listens to the facts of your case carefully. If your case is worth pursuing, an ethical personal injury attorney will let you know. If you do not really have a case, a professional personal injury lawyer will tell you so.

Another quality that you want in a personal injury lawyer is the ability to listen to you and to understand your concerns and goals. Personal injury attorneys in Long Beach must be able to relate to clients in order to represent them properly, and part of that representation involves good listening skills. A professional personal injury attorney must be able to relate to clients and to understand what they want. You should always feel completely comfortable discussing your case with your personal injury lawyer and you should never be afraid to ask questions.

Finally, a good personal injury lawyer must be honest about the value of your case. An expert personal injury attorney never inflates the value of a case to please a client, but instead gives the client an honest assessment of a reasonable settlement figure to use as a goal.

Continue reading "The Do's & Don'ts When Interviewing Long Beach Personal Injury Lawyers"

David Allen - Driverless Cars

nospam@example.com (David Allen) — Wed, 23 May 2012 15:40:40 -0400

Nevada issued the first license for a driverless car to be operated on public streets and highways. Many people contend a robotic car is far safer than a vehicle operated by a human being. It is a machine. It is never distracted. It never gets upset or angry and never engages in road rage. David Allen examines the various legal issues which confront the use of driverless cars. These are issues which must be resolved before the cars can come into widespread use. To view David Allen's analysis of this topic, click on the you Tube Link below:

http://youtu.be/yD38VHWyZyw

David Allen & Associates helping injured and disabled people throughout the west for 30 years.

We offer successful representation in Personal Injury, Social Security Disability and Insurance Disability claims.

Visit our offices for a free initial consultation.

In California:
5230 Folsom Blvd.
Sacramento, CA 95819
www.DavidAllenLawSacramento.com
(916) 455-4800

7400 Shoreline Drive, Ste. 1
Stockton, CA 95219
www.DavidAllenLawStockton.com
(916) 473-4800

1300 Clay Street, Ste. 600
Oakland, CA 94612
www.DavidAllenLawOakland.com
(510) 663-4600

In Nevada:
200 S. Virginia St.
Wells Fargo Building
Reno, NV 89501
www.DavidAllenLawReno.com
(775) 786-1020

3690 Howard Hughes Pkwy, Ste. 500
Las Vegas, NV 89169
www.DavidAllenLawLasVegas.com
(702) 433-8700

Call us Toll Free (877) 876-4800
www.DavidAllenLaw.com
www.legalvideoblog.com