Tuesday, June 26, 2007

Is Health Insurance Literally for Everyone?

Health insurance is one of the most important things you can do to yourself and for your family. Whether you are U.S. citizen or just a resident in California, it is of vital importance that you secure health insurance. A lot of people go to California to seek job opportunity. Some even take their whole family to start anew in the state. However, sometimes accidents hamper or even destroy a lot of family’s dreams of a new beginning.

Health insurance is important if you want to protect your health, quality of life, or financial security. Catastrophic medical disasters can be prevented if you are covered by a health insurance to shield you from serious medical debts and future treatments and surgeries if necessary.

However, even though everybody is aware of the importance of health insurance, a lot of people just cannot afford health insurance coverage. This problem has been the same since time immemorial. Not everybody can afford even the basic necessities in life let alone added insurance for protection from life’s trials and tribulations. Well, until now.

On January 9, 2007, California Gov. Schwarzenegger proposed universal health insurance coverage to make health insurance coverage mandatory for all those living in California, even including illegal citizens in the state.

This is a bold move coming from the Governor. Although fueled by humanitarian considerations, it is however yet to be seen whether the Governor’s proposal would come to be. In any case, the thought of being insured, for all who are residing in California, rich and poor alike, is like a dream of utopian community concretized.

Friday, June 22, 2007

Extreme ATV Accidents, Extreme Pain

With the advent and the popularity of extreme games, all terrain vehicles or ATV enthusiasts are growing. People do not usually buy ATV’s for utility purpose like as a means of transportation. Most people buy ATVs for sports and recreation. Some of them are used for extreme sports. But in every extreme sport, as you are aware of even from viewing a lot of the games on tv, somebody gets to feel extreme pain.

Even before extreme sports became popular, especially in California, thousands of people get hurt in ATV accidents. There was also recorded close to 6,000 deaths from 1982 up to 2003. This was when ATVs are not that popular and not that abundant on the streets and terrains and sports arenas everywhere.

ATV injuries could be as devastating as head injuries, broken bones, spine injury, abdominal damage, ruptured liver and ruptured spleen. Most ATVs, due to their use, more often falls down on the rider. The two front wheels of the ATV usually go up in the air and either tips on its side or drops hard on the rider causing internal injuries.

If you are injured as a result of ATV accident, it is important to check out for defects of your ATV. You might be qualified to file a case against those responsible for the defects. Manufacturing or design defects can be a qualified reason to file for product liability claims from those companies that manufactured or designed your ATV.

When you are injured, a lot of questions may go through your mind, like who will pay for your medical bills, for your lost income, property damage or your pain and suffering. Personal injury lawyers can shed light on your queries and assist you in pursuing your just and reasonable claims against the negligent parties.

Rights You May Still Have After Termination

Termination is a word that each working man dreads to hear or encounter. Termination easily translates to loss of income which could definitely be painful for you and your dependents.

Seeking the assistance of a skilled and credible employment lawyer They will help shed light on your questions and if were indeed wrongfully terminated, the expert lawyers can definitely help you pursue damages against your employer.

That aside, a lot of laid off employees are asking what rights do they still retain after being laid off from employment. One of the most important concerns of the laid off employees is whether they can still retain their health insurance if they lose their jobs.

Under certain circumstances, the Consolidated Omnibus Budget Reconciliation Act (COBRA) gives workers and their families who lost their health insurance coverage, after having lost their jobs, the right to continue their group health benefits for limited times. Generally, laid off employees who are qualified are made to pay the entire premium for continuous coverage.

Another important question aside from health insurance would be unemployment compensation to help recently unemployed persons get back on their feet. The law provides that laid off persons with sufficient employment well as those wrongfully terminated and those not terminated due to misconduct may be able to claim for unemployment compensation.

If you need help with understanding your rights after you have been laid off or terminated, seek the aid of an employment lawyer now to help you get through your slump.

Tuesday, June 19, 2007

Victims Bite Back Against Animal Attack

Have you ever been bitten or attacked by an animal? If you have, or you know anybody who has been attacked or bitten, then you or that person definitely has a claim for damages.

It does not matter whether the animal that bit or attacked you is wild or domesticated. So long as that animal is in the care of somebody else, that person will be liable for your damages.

A wild animal by definition is an animal in the state of nature. In most states, an owner or keeper of a wild animal will be strictly liable for any harm it causes whether or not the owner knew of the animal’s dangerous propensities. If you get bitten inside a petting zoo, that zoo may be liable. It does not matter also if the animals have been well trained like in animal shows. Similarly, the fact that the owner takes much care to prevent harm to others, so long as the animal in his or her possession hurts somebody, that somebody has a right to damages.

On the other hand, a domestic animal is defined as an animal that has been domesticated or habituated to live among humans. As with owner or keeper of wild animals, an owner or keeper of a domestic animal will be strictly liable for the harm it causes if two elements can be established: (1) Owner has reason to know the animal has a specific propensity to cause harm; and (2) Harm caused by the animal was due to that specific propensity.

Please be minded that in certain situations, people will be held responsible for damage even though they did not act negligently or intend to cause any loss or harm. This is called “strict liability”.

The strict liability theory may apply to people who keep wild animals, such as tigers or snakes, in their possession or care. Even though safety precautions such as cages or fencing may be in place, the keeper of the wild animals would be held legally responsible in the event of harm caused when the wild animals escape.

If you have been bitten or attacked by an animal, you can definitely to file a case of personal injury on the basis of animal attack.

An Auto Accident Law A Day Keeps Accidents Away

Auto accidents are on the top of the list of accidents causing injuries to people. However, although there are a lot of car accidents causing devastating injuries, most accidents thankfully are not that serious. But it doesn’t mean that we should take any car accidents lightly. All of car accidents entail additional expenses which we are not saving up for or if ever the money lost due to car accidents could best be spent in more meaningful ways like for our children’s education or for our medical savings.

Among the less serious car accident causes is failure to make a left or right turn with reasonable safety. Section 22107 of the Vehicle Code penalizes the failure to exercise reasonable safety and failure to use appropriate signal before making a right or left movement upon a roadway.

As you can see, it is quite easy to avoid this kind of accident. A simple use of ordinary care in looking both ways and turning on your car’s turn signal light is all that it takes to avoid this annoying accident.

Although a turn violation is just a minor accident. Minor vehicular accidents could mean a lot of headache for you which can include minor injuries blown out of proportion. Medical expenses and claims to insurance companies.

So you can see, no accident can really be called minor accidents. The best rule is still to drive defensively with due care to others on the road and all will be well.

Thursday, June 14, 2007

A Study of Spinal Cord Injury

Spinal cord injury is one of the most devastating injuries. Spinal cord injury happens when your body is forcefully jolted or hit breaking the spinal cord or pinching on the nerves that transmits brain activities to different parts of the body. Spinal cord injury causes discomfort and pain. At its worst it could cause temporary or even permanent paralysis.

A lot of factors contributes to accidents resulting in spinal cord injury. Alcohol consumption is the cause of many car accidents, slip and fall incidents, and even drowning, among many other accidents.

Incidents caused by excessive drinking could be minimized or prevented by means of educating people on the adverse effects of drinking and the harms it may do to the drinker and the public in general. Public awareness and restriction of alcohol provisions are options which can be looked at to prevent accidents causing devastating and even permanent injuries like spinal cord injuries.

However, even if you are the most careful person in the world. Accidents may still happen to you by reason of the negligence of other persons.

Breach of Contract Business Lawyers

In every evolved or civilized society contracts are necessary as means of determining rights and obligations in an agreement. However, like any other agreement, there are people who do not own up to their end of the bargain resulting in breach of contract.

To make out a cause of action for breach of contract, there are 4 matters that you must allege. They are: (a) the existence of contract; (b) the fact that you have performed your obligations as set forth in the contract or that you are excused from the performance of your obligations as a result of the breach; (c) circumstances of defendant's breach; and (d) it is important that you must show the damage you sustained as a result of the breach.

If you are able to show all of the above, you have a good chance of claiming damages against the erring party. However, although it looks simple enough, the process and the proof required are actually complex. You need the services of an experienced breach of contract attorney to represent you.

Your lawyer can help you pursue your claim not only for actual or liquidated damages. Experienced lawyers can help you claim damages for your giving up of an established business as a consideration for the contract. You can also claim future profits from existing business that were lost as a result of the breach. Also, you can claim expenditures which you made in the performance of your obligations as agreed upon in the contract. Furthermore, you can even claim mental or physical suffering and attorneys’ fees for the other party’s refusal to settle your just and reasonable claims.

Tuesday, June 12, 2007

Child Labor Laws

Child labor laws are created to protect the children from abuse by their parents, relatives and opportunists. Exploitation of minor is prohibited by law. The law protects the child’s well being, emotional and physical growth, health and mental development.

Minors under 12 years old are barred by California law from working, or accompanying an employed parent (guardian) in an "agricultural danger zone". The prohibition also includes preventing the minor from being on or about moving equipment, or around unprotected chemicals or water hazards, and other hazards that constitute a zone of danger as may be determined in the future by California's Labor Commissioner. Aside from this, they are also prohibited from working or accompanying an employed parent in jobs declared by the U.S. Secretary of Labor as hazardous and prohibited to minors under 16.

On the other hand, minors ages 12 and 13 are prohibited by California law from being employed or permitted to work in occupations declared hazardous in federal regulation for minors under 16 in agriculture. Also, they are not allowed in any occupation determined by state law or regulation as hazardous.
Similarly, minors ages 14 and 15 are prohibited from being employed or permitted to work in agricultural occupations declared hazardous in federal regulations for minors under 16.

To every rule there are exceptions. With the California labor law, a child may be permitted to work in certain conditions. California law do prohibit or prevent employment of minors of any age by their parents, if the work -- in any task -- involves agricultural, horticultural, viticultural, or domestic labor. In case of minors who are enrolled in school, they are allowed to work so long as school is not in session or outside school hours. However, the exception applies only if the work is exclusively done "on or in connection with premises owned, operated, or controlled by the parent." Also, it must be noted that neither a "Permit to Work" or Permit to Employ" is needed for minors employed by parents in agricultural work on premises owned, operated, or controlled by the parent.

Overtime Law in CA

According to California Labor Laws, an employee who works for more than 8 hours should be paid additional 50 percent of the employees regular hourly rate in excess of the eight hours. If in case the overtime work exceeds twelve hours straight in one day, the hourly rate in excess of the 12 hours worked by employee should be paid double the employees regular hourly rate.

Also, if the employee works for seven days straight, regardless of the hours worked per day, the employee must be paid additional 50 percent of the regular hourly rate for the first eight hours and additional 100 percent per hour for overtime work.

In case of make up work requested by employees who failed to report for work a number of hours during the work week for personal reasons, overtime pay is different. First, the employer is not mandated to pay overtime to employee unless the employee works for more than 11 hours during the make up work. Second, the employer is not duty bound to grant the request of an employee for make up work.

However, there are certain employees who cannot claim overtime pay even if they work for more than the regular eight hours of work per day. These are employees whose work entails exercise of discretion and independent judgment like managers and supervisors for instance.

What To Expect In Roll Over Accidents

Rollover injury account for more serious injuries than simple fender benders, side swipes and other accidents except high speed head on collisions of course. With rollover accidents, the injuries range from serious to fatal. In rollover accident, aside from the usual hazards of metal to metal impact when two cars collide, the victim is faced with more dangers. One of them is collapsing car roofs. Another additional hazard is injuries caused by collapsing vehicle parts.

To give you an idea of how serious rollover accidents are, some injuries caused by this accident are head and neck injuries, brain injuries, spinal fractures, arm and leg fractures, concussions, soft tissue injuries, internal injuries, dislocations, cuts and scrapes.

If you figured in a rollover accident, the symptoms may not appear immediately. Some may take two to three days to surface. If, after the accident, you experienced pain, headache, blurred vision, dizziness, loss of taste, smell, or hearing, numbness or tingling, fatigue, blood in urine or stool, swelling, or loss of motion to the area/stiffness/tightness you definitely suffer more than minor injuries.

If you have been involved in a rollover accident, immediately go to your physician and seek assistance of a personal injury lawyers to protect your rights.

First Aid Tips On Head Injury

Head injury is a serious matter. It could be either minor, moderate or serious depending on the gravity of the accident as well as the symptoms exhibited by the injured person after the accident.

For a mild head injury, the symptoms almost always vanish on its own without treatments. However, it is still wise to closely watch the injured person for any concerning symptoms over the next 24 hours. This is because the symptoms of a serious head injury can be delayed. After a head injury causing accident, it is better to wake the injured person every 2 to 3 hours and ask simple questions to check his or her alertness.
In case of a child, if after the head injury causing accident the child begins to play or run immediately after, it is most likely that the injury is only minor.

For adults who suffer headaches after a bump on the head, over-the-counter pain medicine (like acetaminophen or ibuprofen) may be used for a mild headache. If, the injured person suffers bleeding after the head trauma incident, DO NOT take aspirin, because it can increase the risk of bleeding. In case the person is cut on the head, do not wash the head if the wound is deep. Also, do not remove any object sticking out of the wound. Furthermore, do not move the person unless necessary.

If you have been involved in an accident resulting in your head injury, present yourself to your family physician immediately and seek the service of a lawyer to know more about your rights against the negligent person.

Friday, June 1, 2007

Standard Policy for Residential Stairs and Handrails

Slip and fall accidents are numerous and common. If you want to avoid personal injuries and lawsuits for slip and fall accidents that may occur on your stairs, follow the following standards in the construction of your residential stairs and handrails.

According to Section 1003.3.3 of the California Building Code the standard construction of the stairs and handrails must meet the following requirements:
1. The rise must be at least 4 inches but no more than 8 inches in height.
2. The run must at least be 9 inches wide.
3. Except for winding circular and spiral stairs, the largest tread run shall not exceed the smallest one by more than 3/8 of an inch.
4. The greatest riser height shall not exceed the smallest by more than 3/8 of an inch.
5. The headroom must at least be 6 feet and 8 inches height.
6. Handrail must have a minimum height of 34 inches and a maximum height of 38 inches above the nosing of the threads and must be returned to the wall.
7. Handrail required on one side and whenever stairs have more than 3 risers.

If you follow the above standard requirements, it will at least minimize your risk of lawsuits from accidents caused by slip, trip and fall accidents.