Large Machinery Comes With Large Risks

By on 8-07-2015 in Estates

Working in a refinery is not the safest of jobs. Working with heavy machinery, fragile chemicals, and intense working conditions, there is a large risk for serious injury. Thankfully, there are rules and regulations set in place to prevent a large amount of injury. However, even with these laws in place, there is still a chance for risk, so it is important to remember that you have the ability to take action against the company you work for.

The Occupational Safety and Health Act of 1970 is implemented to make sure companies are doing their best to ensure employee safety. More commonly known as OSHA, this document of rules and regulations keeps the workplace standardized and controlled. OSHA provides a long list of training requirements for its workers, because “no person should ever have to be injured, become ill, or die for a paycheck.”

OSHA is broken down into five different sections, General Industry, Maritime, Construction, Agriculture, and Federal Employee Programs. This document also has an “Injury and Illness Prevention Program” in order to stop injuries before they happen, rather than dealing with them after.

OSHA has a long list of educational information provided for the employees that are subjected to it. With many ways to access this information, online or in commercial printing, this information should be read by employees, and addressed by employers. On top of ways to read this information on your own, there are “OSHA Training Institute (OTI) Education Centers.”

This document also gives directions for emergency action plans, to ensure their workers know what to do in case of an emergency. Employees must learn everything there is to know about the machinery they work with, and how it will respond to different environmental factors. The act of wearing proper safety equipment is also talked about in this document, along with the proper handling and storage of equipment.

With all these regulations and safety monitors set in place, accidents can still happen. Even if the accidents seem like your fault, the company can still be at fault. Williams Kherkher makes a good point when they say, “with heavy machinery, hazardous materials, and constant motion around them, it is no wonder that so many workers are seriously injured on the job.” This line of work is quite dangerous so it is important to know the next steps you can take after you’ve been injured on the job.

The first thing to do is act quickly. In order to get the best possible chance at winning your case, you have to document your injuries, how they occurred, and to take note of these things fast. Getting a lawyer is very important. Dealing with recovery is hard enough without having to worry about legal jargon, that is what lawyers are there for. Hiring a lawyer can get you the compensation you deserve for your work-related serious injury. Even if your work has prepared you well, there is still a possibility you can win, so don’t be afraid to fight.

Iowa’s Drunk Driving Epidemic

By on 8-07-2015 in Estates

Drunk driving is a problem which plagues the entirety of the United States. In 2015, over 10,o00 people were killed in drunk driving accidents, making up one-third of all deaths on the road. Despite these shocking numbers, many people find that the punishment for driving drunk is too lenient. Although most drivers involved in fatal drunk driving accidents face jail time, many do not serve their entire sentence. The Des Moines Register assessed this problem in an April 2017 article about the inappropriate punishment for Iowa’s drunk drivers.

Many families across Iowa are frustrated with the legal system, as they believe that they do not treat drunk driving as a serious issue. They indicate that this is made clear through situations as Miranda Lalla’s who, after killing a woman in a drunk driving accident was sentenced to 25 years in prison, only served two years of this sentence. According to the Iowa Department of Corrections, this is a common occurrence, as, over the past six years, 47 inmates convicted of vehicular homicide served only one-fourth of their maximum sentence. Vehicular homicide is considered a class B felony and, for any other felony of this type, inmates are not released until up to 15 years into their sentence. However, on average, inmates convicted of vehicular homicide serve only six years of their full sentence. Iowa citizens fear that this indicates a serious lack of concern about drunk driving, as the legal system is demonstrating to the community as a whole that the consequences for drunk driving are not nearly as severe as many other crimes. The Iowa Peace Officers Association has spent the last several years attempting to make drunk driving laws stricter and keep those accused of driving drunk, off the roads. Unfortunately, these changes have not been put into effect.

The struggle that Iowa is facing regarding drunk driving laws is unfortunately not uncommon. Across the United States, first-time and repeat drunk driving offenders rarely serve more than a quarter of their full sentence. This lax treatment of drunk driving gives many people an excuse to continue participating in this extremely dangerous behaviors. Although as a nation we are becoming more aware of the dangers of drunk driving, this knowledge it not enough to prevent some individuals from continuing to put themselves and others at serious risk. Stricter punishments, such as increased jail time, extensive fines, and license revocation, must be used to discourage those engaging in this reckless behavior.

Although the punishments for drunk driving may be too lenient, victims can still take action to protect their rights after an accident. Many individuals who have suffered from a drunk driving accident choose to pursue a lawsuit against the driver, in order to receive compensation for their losses. With the help of an Iowa personal injury attorney, these individuals can get the money they need to pay medical bills, rehabilitation costs, and lost wages. This compensation can help diminish one of the many burdens caused by a devastating drunk driving accident.

Contested and Uncontested Divorce

By on 8-07-2015 in Estates

Divorce is almost always an emotional experience, because of the separation itself and how it can affect not just yourself, but also your spouse and children. Also, according to the website of these Fort Worth divorce lawyers, divorce can be a complicated legal process. So, aside from the emotions, you also have to handle the legalities involved in divorce.

The first step to effectively handle these legalities is to have a background on divorce and its two general kinds – contested and uncontested.

Contested Divorce

The divorce is called contested if the spouses involved have a disagreement regarding the terms of the separation. Usually, the disagreements are in the financial aspect, such as child support, spousal support, and division of properties, or in the personal aspect, such as child custody.

These aspects have equivalent laws surrounding them, so most of the time, contested divorce require attorneys to help the spouses navigate the law to their advantage.

Also, because of the argumentative nature of contested divorce, it is often emotional and personal, so there is a lot of room for hate. This can result into more hard feelings between the spouses, not to mention that it can prolong the divorce process.

Because of attorney fees and long divorce processes, contested divorce is often more expensive, but at least the parties are able to effectively compromise.

Uncontested Divorce

The divorce is called uncontested if the spouses have very few or no disagreements at all. Because there is no need to fully navigate laws regarding common dispute areas, it is possible to pull off this kind of divorce even without a lawyer.

Because of the lack of disagreements, the divorce process also has less room for legal errors and is accomplished faster. This, of course, translates to less expenses because there will be little to no attorney fees and minimal court fees.

But like contested divorce, uncontested divorce is not perfect. Those who choose this kind of divorce are likely to give in to biases, because they do not want to go through the complications of contesting the terms of the separation, so they just give in to the demands of their spouses.

Does my small business need a lawyer?

By on 8-07-2015 in Estates

Small businesses continue to be the lifeblood of the American economy as we recover from the 2008 recession. The importance of small businesses cannot be understated. In the first three fiscal quarters of 2014, reports the Small Business Association, small businesses added 1.4 million new jobs, 39% of which were from very small businesses (with fewer than 50 people).

In the early stages of entrepreneurship, the chaos of managing your business can be overwhelming. Hiring, paying bills, and building a customer base take time and energy, and can often leave no time for complicated legal procedure. According to Austin business lawyers at Slater Pugh, Ltd. LLP, for medium and large sized businesses there are a range of legal issues which must occasionally be dealt with to ensure the ongoing success of the company. While you cannot avoid seeking legal advice forever, there are several tasks you can complete yourself to get your business on its feet. For example, creating a legal partnership agreement or limited liability corporation agreement can be done with the assistance of online legal resources and is essential to a successful business.

In addition, finances frequently seem too tight to afford a business lawyer. Investopedia outlines several generic costs that small business owners face. These include research expenses, borrowing costs, advertising and promotion, employee expenses, and technological expenses. With all these expenses, legal bills can become an afterthought.

Getting a lawyer for your small business is ultimately a preventative measure. You may not need them immediately, but they can help prepare you for the moment when you are dealing with a breach of contract or customer lawsuit. Do not be caught off guard; utilize legal services before it is too late for your business.

Fighting Charges Related to Controlled Substances

By on 8-07-2015 in Estates

According to the website of Horst Law, a conviction on any charges related to a controlled substance will have the potential to affect just about every aspect of your life. Bearing that in mind, you will need to do everything you can to defend yourself as you work your way through the coming legal process. In any event, it is important to remember you right to remain silent.

Defending Against Your Charges

As frightening as the possible consequences of a conviction can be, you need to remember that you have not been convicted of anything yet and that you will still have the opportunity to defend yourself against your charges. You may be facing accusations of something like:

  • Marijuana Possession
  • Cocaine Possession
  • Heroin Possession
  • Methamphetamine Possession
  • Controlled Substance/Drug Possession
  • Controlled Substance/Drug Sales
  • Controlled Substance/Drug Manufacturing / Delivery
  • Controlled Substance/Drug Traffic / Distribution
  • Controlled Substance/Drug Paraphernalia
  • Controlled Substance/Drug Importation

Whatever the particulars of your charges happen to be, you should be aware that the penalties for drug charges are lopsidedly stiff and overly harsh across the board.

Because of the nature of punishments for drug crimes, if you have been charged with any criminal offense associated with a controlled substance, you will need to do everything you can to defend yourself against the possible consequences of a conviction. Your future depends on your actions. These are serious charges with life-changing consequences, so it’s imperative that you fight them with as much vigor as possible.