With an Injury at Work, What Kind of Lawyer Will You Need?

If you have a serious injury at work, you may need to consult a lawyer. But what kind of lawyer will you need? These are the possibilities:

First, most injuries at work are covered by workers’ compensation insurance. Therefore, one should consider consulting a lawyer who specializes in that area. Most lawyers in this area of the law will give you a free consultation so you can consider your options. There are specific time limits and evidence requirements that this type of lawyer will know. You should be able find one who is highly rated in your area.

Second, a serious injury at work could affect your employment rights. You may have issues involving the Family Medical Leave Act (FMLA), the Americans with Disabilities Act (FMLA), your labor union, and other employment matters. These type of employment issues may require you to consult an employment lawyer. The workers’ compensation lawyer may cover this area but often they only cover their specific areas. Moreover, employment issues have different timelines than workers’ compensation issues; therefore, for a serious issue it pays to consult a specialist in this area.

Third, a serious injury may cause disability. This may require you to apply for benefits under a short term disability (STD) policy, a long term disability (LTD), and Social Security. It may be possible that either the workers’ compensation lawyer or the employment lawyer covers this area but more likely you may have to consult a lawyer who specializes in disability. The first place to look is a place called National Organization of Social Security Claimant’s’ Representatives (NOSSCR). They will have listings of lawyers in your areas.

Fourth, in some cases, the injury was due to a defective machine. If so, this requires another type of lawyer. This would necessitate a personal injury lawyer who specializes in product liability law. So, you cannot just consult any personal injury lawyer, you would need a product liability lawyer. Often, if you already have a lawyer for your other work injury issues, that attorney can refer you to the lawyer you will need. This type of case raises a special issue which is evidence preservation. If you are claiming your serious injury was due to a defective machine or product then this machine or product must be “preserved” in order for an expert to evaluate it for its defect.

In summary, a serious injury can involve workers’ compensation issues, employment issues, disability issues, and product liability issues. Lawyers like doctors specialize. Thus, don’t assume only one lawyer can handle your “work injury issues” after a serious accident. Above, I have listed the four types of lawyers you may have to consult.

Criminal Justice Set to Change in Scotland – But Are Community Sentences Too Expensive to Work?

Changes in community sentences planned by the Scottish National Party’s Kenny MacAskill have come under fire due to the unprecedented cost they will take to implement. But at a time when criminal justice at community level is clearly due for reform (according to the government at least), are the proposed plans really too expensive to work?

The Convention of Scottish Local Authorities (COSLA) argue that they are. COSLA was established in 1975 in order to be the representative voice of Scottish local government, whilst it also acts as the employers’ association on behalf of all Scottish councils. Subsequently, if there is a cause for common concern, COSLA is forum in which it can be discussed, acting as a mediator between local councils, Scottish government and Brussels.

According to the Scottish Sunday Mail (online), a spokesman for COSLA, Harry McGuigan, spoke out against MacAskill’s and the SNP’s plans. He said: “This legislation is wrong, costly and MacAskill is living in fantasy land if he thinks he can up conjure up the cash to fund this dangerous pie in the sky plan. I do not think the bill will work if the necessary resources are not in place.”

The newspaper upheld this criticism, highlighting that 14,686 jail sentences of six months or less were given between 2006 and 2007. The average price of each community order proposed by MacAskill and the SNP is said to be £2,184 meaning that if the equal amount were to be given under the new plans the overall cost would be £32 million.

However, a spokeswoman for the Scottish government commented: “We’ve made a reasonable assumption of a 10-20 per cent increase in community sentences, provided an extra £2million to bolster criminal justice social teams who deliver community sentences and intend to further boost funding – but this isn’t a job for government alone. It’s for all agencies to grasp this opportunity and ensure less offending.”

The success of the change in Scottish criminal justice remains to be seen. The plans also follow recent reports of high levels of organised crime in the country, where 25 significant gangs were said to be operating in the north.

Divorced Dad Tips – Finding A Great Lawyer

DISCLAIMER: The following is NOT legal advice, nor is it a substitute for legal advice. If you are in Family Court you will need legal advice, so please see a lawyer.

Finding a great lawyer when you are a divorced dad can be challenging. Here are some helpful insights:

Any dad looking to gain or expand visitation or custody rights must do some research to find a lawyer that has a track record in Family Court. Not every lawyer has the knowledge or experience needed to help you. There are specific steps you can take to find the best lawyer for you.

First, check the lawyers track record. He should be able to show you final orders from a court in previous cases that show what the lawyer has achieved. Whatever the particulars of your case, you need to see your lawyer’s track record, to see if the lawyer is capable of obtaining the results you are seeking.

If the lawyer you are interviewing refuses to show you orders, you should tell him that you understand the purpose of a lawyer is to go to court and prove a point. A large part of proving a point hinges on being to present evidence.

Many lawyers will get flustered at this point. But you asking them for proof of their assertion that they have the experience to help you achieve the results you are seeking should not be difficult.

You can add, “I don’t need to see the names of your former clients. But I do need to see that you represented other fathers and assisted them in obtaining a favorable court order in this type of case.”It’s not an unreasonable request – after all you’ll be paying thousands of dollars.

Another thing to consider when looking at the orders the lawyer has obtained is whether they were reached by consent. If an order is on consent, the case was easier than if it was argued before a judge. If the ruling was reached by arguing the merits of the case before a judge, then the lawyer actually had to “duke it out”.

One last thing: If he refuses to show you court orders, move on. Picking the right lawyer can save you lots of time and money. It can mean the difference between winning and losing.

Divorced dads looking to get a joint custody arrangement or even sole custody cannot just walk into court and expect a favorable outcome. The court system can be a treacherous arena.

It can sometimes feel similar to stepping back to the Roman times when they used to throw people in with the lions. Finding a great lawyer requires the right set of skills.

You can win in Family Court if you adopt strategies and tactics of successful divorced dads, most importantly waging peace on behalf of your children, instead of waging war.

Finding a lawyer who understands this and who can show you they’ve been successful in Family Court takes time, patience and effort.

But the results are well worth it: Peace for you and your children. During my divorce, I wished for a divorce road map. That’s why we created a weekly telewebcast, to help men like yourself.

If you’ve lost in Family Court, don’t give up. There is always hope. You’ve likely lost because you didn’t understand that winning means learning how to effectively “wage peace” in Family Court.

It’s definitely tougher to improve and win when you’re a dad in Family Court. Base your game plan and strategies upon those of the many successful fathers. You will improve your chances of success immeasurably. Get help from dads who have done what you are doing.