Call Today for a Free Consultation 317-843-2606

Warehouse Workers’ Safety

In recent years Indiana’s warehousing sector has been outpacing national and regional growth, according to an analysis by the Indiana Business Review. (http://www.ibrc.indiana.edu/ibr/2014/fall/pdfs/article1.pdf) That means more warehouse workers here in the Hoosier state.  Warehouse workers face unique hazards on the job; the Occupational Safety and Health Administration publishes a pocket guide to safety for warehouse workers.

Hazards include dangers associated with docks, forklifts, conveyors, and charging stations as well as manual lifting and poor ergonomics.  OSHA offers tips to manage these risks, including being aware of surroundings and the use of personal protective equipment.

Goodin Abernathy employee Fernanda Linares used to work in warehousing and identified several of these risks from her personal experience.  “Being suspended about 20 to 25 feet in the air while sometimes lifting heavy parts, there was much room for injury,” she says, “Because there were heavy parts that could crush your toes, it was required of the employees to wear steeled shoes while on the work floor.”.

Although workers could be taking all the safety precautions, warehouse workers still get hurt at the job sometimes. Goodin Abernathy LLP lawyers help clients regularly who have suffered an injury in the workplace.  We’re here to help understand the Indiana Worker’s Compensation benefits. Goodin Abernathy LLP lawyers, regularly help workers collect the benefits they are entitled to including payment for medical bills, lost wages from time off work, and compensation for permanent impairments.

If you or someone you know has been injured while working at a warehouse in Indiana, contact the lawyers at Goodin Abernathy LLP to discuss your options.

The Courts Ruled Against DAPA and DACA – Now What?

The Courts Ruled Against DAPA and DACA – Now What?

DAPA & DACA on Hold

Unfortunately, an appellate court decided this week to keep the DAPA program and DACA expansion on hold while the case moves forward in court. So what does that mean for Latino immigrants and people from other parts of the world seeking immigration relief here in Indiana? Well, the decision wasn’t a surprise for advocates who were following the case closely– and the good news is the Obama administration can still appeal the ruling. So there is hope the U.S. Supreme Court will overturn the lower court.

We know the Obama administration wants to help immigrants – that’s why the new immigration opportunities were proposed. And there is still time left before a new President takes office. We also know the U.S. Supreme Court has ruled favorably for immigrants in other cases when the States tried to regulate or enforce immigration law—such as the case of Arizona v. US (2012) where the Supreme Court decided that Arizona couldn’t enforce much of their controversial “papers-please” law, SB1070. Many legal experts agree that the Supreme Court may open the program.

Also, news outlets are reporting that some members of Congress are proposing new immigration legislation in light of the court’s decision. So the immigration attorneys at Goodin Abernathy LLP are planning for the appeal and any new proposals.

For now it is important that everyone understands that this decision doesn’t affect other immigration programs, if you qualify for original DACA, for a U-visa, or a family petition you can still undertake these processes. Additionally, it is important to understand that parts of the executive action announced by the president a year ago are now in force (like the new deportation priorities) or in process (like the expansion of the provisional waiver).

What should you do if you are waiting on relief?

The advice hasn’t changed—get your documents in order to be prepared for any kind of new immigration relief. What kinds of documents? While we don’t know for sure what the requirements of any new relief would be exactly there are some documents which are likely to be part of the process, such as identification documents (birth certificates, passports, or other national IDs), documents which show that you have been living in the US (like bills, tax returns, bank statements, medical records, leases, or other papers), and documents which show your ties to the US (such as US citizen children’s birth certificates). Also, if you have ever been arrested or had to go to court you should try to get certified copies of those court or arrest records.

While we can’t predict the future or what will happen with politics, the immigration lawyers of Goodin Abernathy remain dedicated to keeping the Spanish-speaking community updated with the most recent information about any new immigration reform or benefits. If you have questions don’t hesitate to call—317-574-3090.

Indianapolis Celebrates Day of the Dead

Indianapolis Celebrates Day of the Dead

Volunteers with NOPAL Cultural promoting their Dia de los Muertos event last weekend at the Indy 11 game

Volunteers with NOPAL Cultural promoting their Dia de los Muertos event last weekend at the Indy 11 game.

Our good friends at NOPAL Cultural have a special celebration of Day of the Dead planned for this Saturday, October 31, 2015 from 11am to 5pm at the Eiteljorg Museum in downtown Indianapolis.  The event will highlight the exhibition of ofrendas and altares made by local artists and civic groups to honor their loved ones.  There will be special musical performances, art projects, a marketplace and a Catrina parade.  The event is free and open to the public.  You can find out more at the event page on Facebook : https://www.facebook.com/events/770875693040591/  We hope to see you there!

How does your family remember your loved ones?  How do you celebrate Day of the Dead?  Let us know in the comments!

https://www.facebook.com/NopalCultural/videos/vb.379208648824628/916114328467388/?type=2&theater

Indiana Construction Accident and Fall Claims

Indiana Construction Accident and Fall Claims

The Goodin Abernathy LLP attorneys recently helped their Hispanic client, Juan, resolve his construction accident claim for injuries he suffered after falling off concrete forms. Indiana Construction Accident Claim - Attorney, Jim BrowneJuan was instructed to climb up panels to build a concrete column for a parking garage. However the forms were not designed for climbing and this created a dangerous condition on his job site. Juan was not provided with adequate safety equipment to do his job. Our attorneys investigated the accident, interviewed witnesses and researched safety guidelines to present Juan’s case. The Goodin Abernathy attorneys fought for and collected money for Juan’s construction accident injuries in both a negligence case and an Indiana Worker’s Compensation claim.

Often construction companies fail to develop safety plans for construction projects. They fail to provide their workers with adequate safety equipment and push for workers to get jobs done despite serious hazards. Construction safety studies show that about one-third of the fatal falls in construction were from roofs, 18% were from scaffolding or staging, 16% were from ladders, and 8% were from girders or structural steel. The other 25% of fatal falls includes falls through existing floor openings, non moving vehicles and lifts. The Goodin Abernathy LLP attorneys frequently help clients who have suffered serious physical injuries after falling off roofs, scaffolding, dangerous ladders, framing jobs and from masonry or concrete projects. Our experienced Spanish speaking attorneys handle both the worker’s compensation and negligence claims to seek maximum financial recovery for our clients.

The Occupational Safety and Health Administration (“OSHA”) and the Centers for Disease Control and Prevention (“CDC”) publish guidelines and instructions for preventing falls on job sites. This instruction guide by OSHA provides great details and tips for job safety. https://www.osha.gov/dte/outreach/construction/focus_four/falls/falls_ig.pdf

If you or someone you know have suffered serious personal injuries, contact the attorneys at Goodin Abernathy LLP. We are committed to explaining the legal process for protecting your rights and recovering money for your damages. Indiana has two systems available for presenting your legal claims. Regardless of your immigration status, our attorneys explain what you can claim for help with lost income, medical bills, pain and disability. Contact us today for a free consultation in English or Spanish.

Anti-Latino Hate Crimes in Indianapolis

Recently Donald Trump has been in the news for his negative comments about immigrants and in particular Mexican immigrants. Trumps comments, while upsetting to many in the community are only words–unfortunately police are investigating whether someone may have resorted to violence based on their anti-immigrant or anti-Latino bias.

Fox59 reported that this weekend a young man was shot on the Northwest side of Indianapolis after leaving the Una Parada grocery store. According to reports the shooter shouted an anti-Hispanic slur. Also there was another shooting at a Tortas restaurant involving a similar vehicle and bullet caliber. Finally, a Latino-owned business was robbed at gunpoint in the same area. Check out the video from Fox59 here:  http://fox59.com/2015/09/07/suspects-who-shot-14-year-old-boy-while-walking-with-mother-allegedly-yelled-racial-slur/ Police are investigating a possible connection and investigating whether the crimes were motivated by an anti-Latino or anti-immigrant bias.

Unfortunately anti-Latino hate crimes have been increasing in recent years. http://www.thedailybeast.com/articles/2014/02/20/hate-crime-victimization-statistics-show-rise-in-anti-hispanic-crime.html Indiana is one of the few states that doesn’t have a specific hate crimes law—although there have been proposals to change that in the state legislature as recently as this year. http://www.indianapolisrecorder.com/news/article_d06bc77c-a7d3-11e4-8b27-1fa8df8c1d84.html However, this doesn’t mean that the person who fired those shots this weekend will be off the hook—police and prosecutors can still investigate and prosecute the criminal actions of a perpetrator without a special law to address the hateful motivation.

Victims of violent hate crimes who have cooperated with law enforcement in spite of being undocumented may be able to benefit from the U-visa—like these hate crime victims in San Francisco http://www.sfweekly.com/thesnitch/2011/03/17/illegal-immigrants-more-hate-crime-victims-could-get-visas If you or someone you know has been the victim of a hate crime or another serious crime and is interested in evaluating the possibility of the U-visa, contact our office today317-843-2606.