Environmental Law and Development Creating the Right Environment for Success

by ,

Environmental Law and DevelopmentThe environment is on everyone’s mind these days. National governments, regional assemblies and local authorities are fighting a strange fight. Balancing the need to meet carbon reduction targets and at the same time trying protect vital landscapes and species. While many individuals would argue that they are concerned about the environment and are doing their ‘bit’ to save energy and re-cycle, these same individuals can often be found objecting to large scale wind farm schemes. There is a huge paradox when it comes to green developments. Often these potentially beneficial developments are blocked on, wait for it, environmental grounds. For the developer, understanding environmental law and legislation is a major factor that can save time and money. Environmental consultants or solicitors can play a crucial role at all stages of the proposed development.

It’s probably easier to answer the one about the egg and the chicken. However any developer, whatever the scale of development, will be aware of the niggling presence of objectors. When these objectors form a pressure group and begin to look into ‘environmental factors’ only the bravest developer does not feel the urge to run for (or from) the hills.

Discover The Most Common And Serious Injuries In Car Accidents

by ,

Discovering the Most Common and Serious Injuries in Car Accidents in New York may provide you with a feeling of security that comes along with knowing that you are not alone. Very often, someone that has been subjected to the pain of a serious car accident can assume that this is something they have to battle through without the knowledge of how to go about getting help.

Any person in this position may find it empowering to discover that there are currently thousands of car accident victims dealing with a wide range of different injuries as a result of an automobile accident.

Brain and head injuries are typically the most common that people suffer from in the aftermath of an accident. When there is a serious impact during an accident, the brain is shaken up inside the skull and this can lead to a traumatic brain injury that could impact the quality of life available to a car accident victim for many years to come.

Additionally, head injuries are a very serious risk because of just how close the driver may be to the cause of the impact. While there injuries may not be obvious right away, they can become more apparent over the course of time.

Neck injuries, back injuries, face injuries and psychological Injuries are all included in a list of the Most Common and Serious injuries in Car Accidents in New York. It is important to understand that injuries that are not visible to the naked eye should not be ignored.

It is very possible that someone that has been through such a traumatic experience may have a difficult time driving a vehicle in the future or even focusing during the course of the day. No matter what your injury may be, working with an experienced lawyer would be the key to obtaining compensation.

The Truth Behind a Fatal Car Crash – GM Recall

by ,

For further reading about the way the National Highway Traffic Safety Administration (NHTSA) handles recalls and complaints that come in from the public, read this shocking, eye-opening article at the New York Times.  http://www.nytimes.com/2014/09/15/business/regulator-slow-to-respond-to-deadly-vehicle-defects.html?_r=1#.VBb7xfqgDrs.hootsuite

Another article at NYTimes.com documents 10 years of reported problems with GM cars before any recall was announced!

“The cars had problems for ten years and were ultimately linked to 31 accidents and 13 deaths before the recall. During that time, drivers logged complaints to the National Highway Traffic Safety Administration, but the federal agency responded that an investigation was not necessary.” Read the whole article here: http://www.nytimes.com/interactive/2014/03/09/business/Reconstructing-a-Recall.html

This car accident lawyer in Staten Island, New York says it is a disgrace that this agency that is supposed to be protecting the public seems to be only interested in giving out 5 star safety ratings and helping automakers sell more cars.  What is wrong with this picture?

Lawyer mentioned in this article: Kuharski, Levitz and Giovinazzo

What an Injury Lawsuit in Florida Entails

by ,

As you go about working at your workplace, there is always a risk that during the course of carrying out your responsibilities, you might get injured. This is especially true for professions that involve heavy machinery or generally hazardous situations.

As tragic as it is to be injured and temporarily incapacitated due to the negligence of others, it is no reason hope.

If even after notifying the employer you are not given the compensation owed you, then the next step to claim your due is to file a personal injury lawsuit.

There are however, some things that you must keep in mind.

Time Constraints

An important consideration while filing a lawsuit is its timing. Depending upon which state the lawsuit Is being filed in, the rules about timing may vary.

In Boca Raton or the County of West Palm Beach, the laws provide a period of 15 months to file a personal injury lawsuit. If the lawsuit is against a medical practitioner then the period is extended to 30 months.

The upper limit when it comes to the timing of the lawsuit is three years for an adult in Florida.

Injury Type

Another deterministic factor when it comes to personal injury lawsuits is the type of injury in question. Depending on whether it is an injury that leads to permanent disability or if it’s an injury that causes temporary disability.

By examining the full extent of the life changes you might have to suffer as a result of the injury, you and your attorney are better able to draw up a lawsuit that demands justice for your suffering.

Establishing a Cause

When suing an employer for injury compensation it is essential that the cause of the injury points to employer liability without any doubt.

This implies that if the cause of injury cannot be proven to be the employer’s fault then the injury lawsuit will not hold up in court.

The employer is only liable to pay compensation for damages incurred while conducting work related responsibilities. These damages may occur as a result of any of the following reason:

Defects in Machines

To err is human and imperfection is part of human nature thus once in a while a defective machine may be sold to industries or individuals.

If the machine causes injury to an employee both the employer and the manufacturer can be held responsible.

All machines being used by the workers as part of their work duties must be serviced timely and regularly checked for defects. It is the employer’s obligation by law to do so.

In such a scenario the employee can sue the employer or the manufacturer outside Workman’s compensation scheme.

Injury Caused by Employer

In case an employer intentionally injures an employee then that employee is not only eligible for worker injury compensation but can also pursue other legal action against the employer.

Hazardous Conditions

If, as a result of exposure to hazardous substances at the workplace, an employee’s health is affected in any way, he has the right to demand health compensation in return for the carelessness of the employer.

Reach out to Meltzertaylor.com… for a detailed analysis.

The compensation provided takes into account the extent of injuries of the victim and the resulting loss of pay due to incapacity to work. It also factors in the treatment costs and even the companionship of the spouse that the victim may have suffered as a result of the injuries.

If you are filing a lawsuit in Fort Lauderdale an experienced South Florida personal injury lawyer might be of help when it comes to the complexities of filing the lawsuit. Most times the compensation offered may not be adequate and the state may come in with such funds as Social Security Disability Fund or Supplemental Security Income.

If you are injured in a car accident on the way, that is not considered a workplace injury, obviously, but you may be able to seek compensation from the other driver and his insurance company.  In this case you will want to seek the counsel of a Boca Raton Car Accident Lawyer.

Employment Law – Important Developments in a Changing Economy

by ,

In the current economic climate, continued employment and employment relationships are more critical than ever. Loyal and productive employees will provide an employer its best chance to emerge unscathed at the end of this lengthy recession. During these uncertain times, economic pressures may require an employer reorganize or restructure its workforce. Doing so properly, and in accordance with the law, will ensure continued survival of your business, your profitability and your reputation.

The laws regarding employment standards have changed little in recent years. Still, you must know them when considering leave, layoffs and terminations.

What’s Old?

The Employment Standards Act is the corner-stone of most Canadian employment relationships, although in recent years, the common law is being applied much more often in the determination of reasonable notice for termination.

Employment LawThe purposes of the Act are to ensure basic compensation and conditions for employees and to ensure fair treatment. The Act applies to all employees other than those excluded by regulation (such as certain professionals, enumerated jobs and where collective agreements speak to certain rights). The minimum requirements of the Act cannot be waived (except regarding hours of work and overtime for managers and certain employees).

Amongst many other rights and protections, the Act provides for overtime pay, statutory holiday, vacation leave and various other leaves of absence from employment and for penalties for breaches of these and other rights.

Most importantly, and subject to exceptions set out in the law, the Act provides at sections 63 and 64 for the liabilities of employers to provide notice or pay in lieu of notice. After three months of employment, an employee who is terminated is owed one weeks’ wages on termination. After 12 months of service the entitlement rises to two weeks wages. Finally, after three years of service to three weeks’ wages and an additional weeks pay for each year of service thereafter to a maximum of eight weeks’ wages on termination. In addition, where more than 50 employees are to be terminated in any two month period, certain modified rights to special notice arise and rise further if more than 100 employees are to be affected and further still if more than 300 employees are impacted.

The Director appointed under the Employment Standards Act, and the Employment Standards Tribunal are charged with enforcement and remedies under the Act. The Director has full investigatory and prosecutorial powers to ensure compliance and to enforce stiff penalties.

However, there are limits to their powers which are important to know in order to protect your company from wrongful intrusion by Provincial officers.

Employers may also be liable for wrongful dismissal and/or constructive dismissal at common
law as will be discussed below. The liability at common law for wrongful dismissal can be up to three times higher the awards statutorily mandated under the Act. Doing things right matters.

Austin TX Employment Lawyer says this differs greatly from what you can and cannot do in Texas.

Employment contracts remain the key way to record and protect the all-important employment relationship. Properly drafted, they protect both parties, ensure compliance with the relevant laws and ensure peace in the workplace. This is especially the case for employees such as managers and professionals to which the Act does not apply; a properly drafted contract and policies are the only way that the parties can record their rights and relationship. Continue reading

Immigration Law Trends and Developments

by ,

In this day and age one of the most contentious areas of the law involves immigration issues. Through this article you are provided with an overview of trends and developments relating to immigration law at this juncture in time.

The most significant arena in which immigration law trends and developments needs to be considered involves the number of men, women and children who currently are in the United States illegally. While no one really knows for certain, it is estimated that there are at least 12,000,000 people in the United States illegally at this point in time. A considerable percentage of this number of people originally hail from Mexico. However, it is important to keep in mind that there are a considerable number of illegal immigrants within the U.S.A. from other countries as well.

Immigration Law TrendsHistorically, this is not the first time in the history of the U.S.A. that immigration issues have been on the forefront of the minds of people across the country. However, with that said, the present situation does involve a larger number of illegal immigrants than were under consideration in the past. For example, in the 1980s during the Administration of Ronald Reagan an issue involving immigration law arose involving 3,000,000 illegal immigrants that were said to be living in the country. The Reagan Administration essentially granted to these immigrants amnesty which allowed them to take a course through which they could become legal citizens of the United States.

The debate over how to best handle the 12,000,000 plus illegal immigrants is contentious at this juncture in time. In point of fact, despite this debate being ongoing for a significant period of time, no definitive solution has been reached.

One part of the debate involves the reality that these people in the country illegally are playing a role in the economy of the United States. Business owners have expressed concern that forcing these individuals to leave the country very well could have a significant impact on the economy of the country. This has become a particularly significant serious consideration considering the other problems facing the economy in the United States at this juncture in time.

Another concern that people express when it comes to illegal immigrants in the United States centers on the prospect that some of these individuals in the country illegal could be intent upon doing harm to the country and its people. Terrorism is a major concern in this day and age and it does impact the debate over illegal immigrants.

If you are an individual who has an issue in regard to his or her status in the United States, you do need to understand that there is a growing segment of the bar that is dedicating its practice to immigration law. Therefore, if you are facing the prospect of having to deal with the legality of your own status in the United States – or that of a family member – you will want to engage the services of a skilled and educated lawyer such as apricotlaw.com who practices in the area of immigration law to ensure that your own interests are protected today and into the future.