Workers Injury Law

Workers Injury Law

Minds Over Matter

Employment And Disability ClaimsFeatured

A disability claim refers to the request you can make for income assistance filed with the Social Security Administration. This is usually filed when a person believes that a case of physical or mental disability leads to his or her inability to find a job or live a normal life. This is also referred to as employment & disability claims in various quarters.

It’s possible to file a disability claim depending on your financial and medical history. There are normally 5 stages involved in the filing process. It begins with the initial reconsideration stage and then proceeds to the hearing and later on to appeals council hearing and the federal district court appeal. The initial reconsideration involves the filing out of an SSI or SSDI application for the claim. However, this application can be approved or denied by the Social Security claims representative within a space of 3 to 5 months.

Now, if it happens that your disability claim is denied, you still have up to 60 days to file for reconsideration. You don’t need to take the denial personal since almost over 60% of disability claims are usually denied. You can always do something about the denied claim, you may check on this link for more helpful information.

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A Critical Response to Child Labor Issue

It is disappointing to hear about child labor in this fast-paced world as this issue has been popped out ever since those ancient days and it is still happening now. It is like a never-ending issue. When talking about child labor, we can relate it to children exploitation, children slavery and also children trafficking. Child labor can be defined as the exploitation of children aged below 18 who are forced to work illegally which may harm them physically and abuse them psychologically. In this issue, we will discover the causes contributing to child labor and also the solutions to it.

The first article from the New York Times online entitled “Children in Servitude, the Poorest of Haiti’s Poor” is about child labor that happened in Conaives, Haiti. Haiti which had been struck by hurricanes and tropical storm has turned its Haitian society from rich to poor and from poor to poorest due to the devastating economic impacts brought by the natural disaster. As a result, many poorest families had a tough time, seeking for daily needs especially foods. The poorest parents had to work and send their children to either rich families or poor families which could at least feed their children once a day. Unfortunately, children that were sent away were not getting food for free. They had to be servants and clean the host’s house while other children go to school. Meanwhile, their parents had to work somewhere and promised them that they will come back once they can afford to support their children.

In response to this article, I can see that natural disaster does not only bring destruction to the buildings or other facilities, but it also affects the economic status of the affected country. Eventually, the unfortunate citizens have to face poverty and those who cannot afford to send their children to school will force them to work. Therefore, in my opinion, poor economic status leads to poverty and eventually contributes to the child labor issue. People who are facing poverty cannot afford to send their children to school and these unfortunate children cannot afford to lead a life just like other children. The need for food, shelter and clothing drives their children in the trap of premature labor. However, poverty is not the only cause of child labor. Other common causes are parental illiteracy, low social status, lack of education and exposure among parents, exploitation of cheap source of workforce.

The second article from The Star (April 6, 2010) entitled “Begging runs in the family” presents about the Myanmar community which begs to make a living. A mother of five admitted that she used to beg with her mother when she was a young girl and now it seems that her children are following her footsteps. In Klang, the sight of children roaming around and begging for money has been a normal scenario ever since few decades back. Child beggars when asked about their fathers would say that their fathers are dead. Meanwhile, some of the women beggars deliberately got pregnant so that they could have babies to carry and when the babies have grown up, they are asked to beg just like their mothers.

In response to the second article, I found that it is indeed irresponsible for parents to inherit the begging culture to their children. In my opinion, the main cause in the case above is lack of education and exposure among parents on the importance of education. Children regardless the community or races they are from, should be given education and sent to school. As for me, parents who ask their children to beg and work are having negative mindset. These kinds of parents only think about getting profit out of their own flesh and blood. If they are wise enough, they should know that education is the most important component of life which may help providing a better life to their children. Illiterate and ignorant parents do not understand the need for wholesome proper physical, cognitive and emotional development of their child. They are themselves uneducated and unexposed, so they do not realize the importance of education for their children.

The third article from the Health and Style online magazine provides several solutions to child labor. It is mentioned that no magical solutions to this problem but if efforts are put in collectively, problems may slowly solved. One of the solutions that are proposed in this article is providing financial help to parents. Besides that, free school admission should also be implemented in order to reduce the financial constraint of parents with poor financial background. The acceptance of abandoned child laborers in Society homes could also help providing these unfortunate children with education. Apart from that, law enforcement agencies should be made active to protect the child laborers by law. Lastly, it is also proposed that the economic conditions be improved to stop child labor from continuing.

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Worker’s Compensation Overview

Workers compensation is a sort of insurance policy that is promised by employers to their employees. If someone is at work and they sustain some sort of work related injury then the employer will make some concessions to that worker. These can be in the form of health care, continued payment, or even in the form of a death payment to the workers next of kin. The purpose of this is to relieve the burden from the injured worker and make things easier on them because their injury is the fault of the employer.

However, this relief does come at a price. In order to receive workers compensation benefits the worker must sign a release that forfeits their right to sue the employer for negligence or any other tort claim. This generally means that claims for pain and suffering and punitive damages are rarely seen in workers compensation cases.

The amount of the workers compensation package will be dependent on quite a few things. First, it will be dependent on how the worker was injured in the first place. The more egregious the employers lapse in judgment or the more outrageous the negligence was the higher the package tends to be. This is all done in an attempt to avoid litigation. Second, it will depend on the type of injury. If the worker was killed due to the negligence of the employer this will needless to say be a high payout. However, it the worker has only been slightly injured and can still work in some capacity that they are reasonably qualified for by reason of the experience, education or training then the payout will be less. In a situation like this the worker may be put on light duty and given a desk job for the time being.

Worker compensation laws are anything but uniform. They can vary greatly depending on what state would are working in at the time of the injury. Each state has separate laws that govern workers compensations. The federal government also has its own separate set of WC laws for its workers. The law can have a great affect on the payout and options of the worker. As such it is advisable to contact a local attorney for assistance in any workers compensation case that may arise.

From the employers side

There is insurance that employers can get that will protect them in the event that one of their employees is injured on the job. This insurance will help the employer pay for the medical cost, lump sum payments, or continued salaries that may be associated with a WC claim.

As a waiver of rights and a release that forces the worker to promise not to sue is generally a prerequisite to receiving any workers compensation benefits it is very advisable that the worker should contact a local attorney or consult to discuss their options and access if taking a worker’s compensation package is a good deal or if the worker would have a better time suing the company. This would allow the worker to collect punitive damages as well as damages for the pain and suffering that they endured during their ordeal.

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