Finally, after years of remaining at the same level, the Indiana Worker’s Compensation Board and State of Indiana increased the financial recovery rates an injured worker can claim for their case. www.in.gov/wcb/files/PPIandTTD-benefits2023_1.3_.pdf For injuries that occur on or after July 1, 2023, an injured worker may recover more money for their PPI and TTD benefits. The schedule used by the state increases annually over the next four years. Understanding these rate tables can be complicated. Since every dollar for your work injury case is precious, you should contact Goodin Abernathy for legal help.
Worker’s Compensation Laws
Employees hurt on the job in Indiana are protected by Indiana’s Worker’s Compensation laws. Attorney Jim Browne and Goodin Abernathy regularly help our Hispanic clients navigate the legal process to protect their rights and fight for more benefits. This article highlights main points of the Indiana Worker’s Compensation process.
Each state uses different laws for their worker’s compensation (“work comp”) claims. In Indiana, a work injury is considered a civil law claim. It does not involve criminal or immigration law issues. Something a little different about work comp claims is an agency handles the legal process – not a court of law. The Indiana Worker’s Compensation Board is the agency that tracks and handles these cases. You can learn more about the Board at this website https://www.in.gov/wcb/
An important part about Indiana’s work comp law is that an employer cannot defend a case based on liability or fault. Unlike an auto accident or other typical type of injury claim, it does not matter whether an employee was negligent and did something to cause the accident. As long as the employee was not intoxicated or intended to hurt themself, Indiana requires the employer to offer benefits.
Unfortunately, we often hear that employers threaten immigration reporting or similar problems when their employees are injured. You should not be afraid of immigration issues. Indiana’s work comp law allows any worker to make a claim. Your immigration status does not affect your legal rights and does not involve notifying the U.S. Immigration Customs and Enforcement (“ICE”) agency. Hispanic workers should not be concerned about immigration problems and notify their employer or supervisor immediately if injured on the job. Make sure to report your injury right away because waiting to do so may allow the employer to dispute responsibility.
Preliminarily, a couple legal issues we see affecting work comp claims involve whether the worker was an employee and whether the employer has insurance coverage. Determining whether an injured worker is an employee or independent contractor can be a complicated legal question. Since Indiana law does not require employers to offer independent contractors work comp benefits, let’s review some basic differences between employees and independent contractors.
Signs That Show A Worker Is An Employee
The worker is paid with a company check
Taxes are taken out of their pay checks
Worker does not work at other jobs
Worker does not have her/his own business
Worker uses the employer’s equipment
Worker regularly visits the employer’s place of business
Works the hours and schedule the employer chooses
An Independent Contractor Is Usually Identified When These Circumstances Apply
The worker has her / his own company
They work for various other companies
They do not work for the employer full time
They receive a 1099 tax form from the employer
They do not have taxes withheld from their payments
They use their own vehicles and equipment to perform the work
Worker’s compensation insurance coverage is an important part of the claim. Without insurance coverage, employers usually cannot pay the benefits they owe their injured employees. Many employers are small companies or individuals and choose not to pay for insurance. This is an important reason why you should ask if your employer has worker’s compensation insurance. A legal option that sometimes helps injured workers in these situations is if your employer is performing work for another company or contractor. Typical examples of this arrangement are found in construction and staffing agency arrangements. Indiana’s work comp law allows us to take one step up and make a claim for benefits from the general contractor or staffing agency if the primary employer does not carry insurance.
When an employee is injured on the job, Indiana law requires the employer to offer various benefits. The first and probably most important benefit is for medical treatment. If you visit the doctors, therapists and medical providers the employers offer, they must pay for all your costs. You are not responsible for deductible payments. You are not required to use your own health insurance or take FMLA time. Since your health and well-being are your primary concerns, you may seek medical treatment immediately after your work accident. If your employer or the insurance company deny you treatment, then you should seek legal help immediately. The attorneys at Goodin Abernathy understand the process and will explain your rights.
When a doctor or medical expert says you cannot work due to your injuries, you may claim Temporary Total Disability (“TTD”) payments. Indiana’s work comp law requires employers to pay two – thirds (66.66%) of your regular income while you cannot work. These TTD payments are not reduced for income tax or other typical withholdings. Before the payments start, the doctor must determine that you miss more than seven (7) consecutive days of work. If you miss thirty (30) consecutive days or more, than the employer must go back and pay you for the first 7 days of work that you missed. Sometimes, workers do not miss time off work immediately after their injury. But later, they require surgery or start treatment that keeps them off work. The TTD rules also apply to these subsequent periods of missed work.
When the employer or its insurance company determine that certain benefits should finish, they are required to send you a Termination of Benefits form. The form looks like this www.in.gov/wcb/files/Blank-38911.pdf If you dispute that benefits should stop, it is important to respond to these within seven days of receiving the form. If you fail to respond, then technically the employer may stop sending you the TTD benefits.
The final type of benefits owed to an injured employee involves the Permanent Partial Impairment (“PPI”) value of your injury. Basically, this benefit pays the employee for the future impairment they will suffer from the injury. That is, how will the injury interfere with their work and ability to earn income in the future. Calculating this benefit is complicated. For instance, the doctors and work comp Board uses the AMA Guidelines for reference. https://www.ama-assn.org/delivering-care/ama-guides/ama-guides-evaluation-permanent-impairment-overview. To understand it best, you should contact our Legalmente Hablando Indy team for representation. We will examine the medical records, show you how the government calculates the benefits and describe your legal options for maximizing recovery of PPI benefits.
Indiana law controls how attorneys charge for legal services in work comp claims. All attorneys in the state charge the same percentages for contingency fees. Since we charge a contingency fee, that means we collect our fees only when we win and you get paid money for your claim. If we do not collect money, then you do not pay. Our legal fee agreements are explained in both Spanish and English.
If you or a loved one are injured in a workplace accident, contact the Goodin Abernathy legal team. We handle death claims, amputations, orthopedic surgeries, electrocution, burns, explosions, head /brain injuries, spinal column fractures and broken bones. You will find we care about our clients and patiently explain the legal process. Count on us to aggressively represent your claim. Contact us today.
Many Hispanics working physical labor jobs face dangerous work conditions. Unfortunately, Hispanics and many other workers sacrifice their safety in hopes of keeping their jobs for income. Attorney Jim Browne and his Legalmente Hablando Indy legal team work daily with injured workers. Often attorney Browne must request work accident reports from the Indian Occupational Safety and Hazard Administration (IOSHA). These reports describe investigation results after work injuries occur. Of course, Legalmente Hablando Indy prefers nobody gets hurt and workers enjoy safe conditions. So here are a couple options Hispanic laborers can use to prevent accidents.
IOSHA offers workers a way to privately request help enforcing safety standards in the work place. https://www.in.gov/dol/iosha/iosha-home/ IOSHA’s inspection may result in warnings or fines. But it will certainly help identify hazards and develop safety plans to reduce the risk of worker injury.
IOSHA offers two ways to file safety complaints. First, you may file a formal complaint. A formal complaint is made by a current employee or their representative. Formal complaints are assigned to a Compliance Officer for inspection, and they must meet the following requirements:
Asserts that an imminent danger, a violation of the IOSH Act or a violation of an IOSHA standard exposing employees to physical harm exists in the workplace;
Is submitted in writing; and
Is signed by at least one current employee or employee representative.
Another reporting option includes a “non-formal complaint.” Using this reporting keeps your identity anonymous. Your employer and co-workers do not learn that you or your representative made a safety complaint. A non-formal complaint does cause IOSHA to investigate the workplace for hazards complained of in the report. You may use this link to find the report in Spanish: https://www.osha.gov/form/osha7/espanol
Slip and trip injuries are the most common problems in work sites. Many of our Legalmente Hablando Indy clients suffer broken ankles, wrists and twisted knees in these accidents. We also represent many clients who have suffered injuries after falling from heights, like roofs, ladders and scaffolds. Since so much velocity and force is involved with these accidents, our clients typically suffered serious closed head injuries, broken bones and tragically, even death.
The demolition industry exposes many of our clients to additional dangers. Typically, our demolition clients are injured when heavy objects, like walls, ceilings or pipes fall onto them. Or they are burned by electric wires and fall from scissor lifts.
Amputations are injuries attorney Browne also focuses on for Indiana Worker’s Compensation claims. The amputation injury involves a special set of regulations for determining benefits. Goodin Abernathy is experienced in fighting for our clients’ best medical and financial recoveries. Contact us for free in person, telephone or video consultations if you, a friend or loved one has suffered a work injury. Jim Browne and his team care about our Hispanic clients work to provide them the best legal service available in Indiana.
The Indiana probate process manages asset distribution after a person dies. Contact the estate planning and probate attorneys at Goodin Abernathy LLP to learn about the inexpensive legal services we offer our clients.
You may be tasked with winding up the financial, real estate and vehicle interests of a deceased person. Our probate attorneys realize not all Indiana residents die rich, and that many people die with assets totaling less than One Hundred Thousand Dollars ($100,000.00). But what they do leave behind is precious to their families and friends. Avoid spending money on high-priced probate legal services that make the process too complex. Take a minute to contact us to learn about cost effective options.
This article generally describes legal considerations for representatives handling estates valued at $100,000.00 or less. If an Indiana resident died after June 20, 2022, their estate may qualify for using the Small Estate option. Here is a simple review of the important phrases and options for Indiana residents handling small estates.
Probate
Probate is the legal process used to administer a deceased person’s estate. An “estate” includes their assets and debts. Probate includes addressing debts like mortgages, credit card balances, medical bills and taxes. The process is regulated to protect the interests of legally interested beneficiaries.
You will hear the term “decedent” used for the deceased person. The probate process applies to decedents who die with and without wills. Typically wills identify legal beneficiaries to whom the decedent wished to transfer their assets and gifts. When people die without wills, then Indiana’s intestate (without a will) process applies to the probate process. The intestate process uses Indiana law to determine how any estate assets are divided between legally recognized family members.
In Indiana, the executor, administrator or “personal representative” refers to the person(s) charged with handling the probate process for a decedent’s estate. It is an important job that carries significant responsibility. An executor needs to make sure everything is done legally, correctly and fairly. Goodin Abernathy’s experienced attorneys enjoy keeping your probate project simple and easily understandable. Our goal is to support your needs with a personal touch and provide reasonably priced legal service.
Small Estate
Indiana law provides a cost-effective option for beneficiaries tasked with handling estates that are valued under $100,000.00. https://codes.findlaw.com/in/title-29-probate/in-code-sect-29-1-8-1/ Recognized as the Small Estate, Indiana law does away with the need for opening a complex probate action in court. It offers non-attorney forms recognized by financial institutions, the BMV and real estate companies. Here is an example of a Small Estate Affidavit and Order that is recognized in Morgan County Indiana. https://morgancounty.in.gov/egov/documents/1658176398_56456.pdf Many other Indiana counties offer links to similar forms you can find on the internet.
Frequently, our probate attorneys handle questions about small estates. Depending on your needs, our probate team enjoys offering single consultations or ongoing legal support to manage the small estate process. Though the small estate process is intended to make things easy, we know that does not always happen. Banks, the county Recorder’s Office or even the Indiana Bureau of Motor Vehicles (BMV) may require information and forms that are not always easy to create. If you run into questions about the Small Estate process, contact us for consultations and exploring a limited level of legal services that support your needs while maintaining a reasonable budget.
Examples of Probate Legal Services For Small Estates
Though easier and more streamlined than using courts for supervised and unsupervised probate cases, managing small estates still requires time and effort. The process typically involves more than filling out a simple form. Our team is sensitive to the burdens clients face when taking on the responsibility of winding up a decedent’s legal affairs. Instead of paying high hourly rates for firms that only focus on probate legal work, contact us to learn about other options.
The Goodin Abernathy LLP attorneys and paralegals will take on the extra work it takes for processing required by the banks to distribute money to the legal heirs. We often visit banks with our clients to answer their questions, supply necessary documentation and fill out forms to successfully distribute proceeds.
The Indiana BMV uses various forms for different types of vehicle transfers and registration. Goodin Abernathy’s attorneys will help you identify and populate the BMV forms so you can re-title a vehicle. Depending on the BMV branch or even visiting with staff in the branch, you might encounter different questions and requests. We will schedule appointments and even go to the BMV with you to work through their process.
Taxes are always an issue. Both the State of Indiana and federal government are interested in collecting their taxes. Work with Goodin Abernathy’s legal team to organize documents and supply tax preparers with the information they need to complete the required returns.
Real estate transfers use special forms. For instance, you might want to sell the decedent’s house and divide the proceeds between heirs. To do so, you will need a new deed and paperwork for the transaction. The deed must be filed with the County Recorder’s office. Realtors and title companies will need forms showing you have the legal authority to complete the transaction. Our attorneys communicate directly with the title companies and supply them with the materials they need. To make sure documents are registered correctly, we also take the deed and registration documents to the county Assessor and Recorder to re-title a house if an heir intends to maintain ownership.
Goodin Abernathy LLP’s attorneys are sensitive to the emotions mixed in with managing the probate process. Whether you have a Small Estate or a full probate project, contact our team to learn about the affordable legal services we offer. Let us help you wrap up your loved one’s estate and legal affairs. Call (317)843-2606 or e-mail jbrowne@goodinabernathy.com to set up a consultation today!
Legal planning for death and sickness are simple projects the Goodin Abernathy team can help you prepare. Generally, this is known as Estate Planning. Our legal team at Goodin Abernathy regularly handles drafting Wills, Powers of Attorney, Health Care Representative and Health Care Directives. Setting these up these plans will help your loved ones with legal tasks when you become sick or die. The legal documents will apply even if you are undocumented. They are especially helpful if you are in a common law relationship where a marriage is not legally established.
In our Hispanic culture, the “pareja” or compañero is a common law spouse. The couple recognizes each other as dedicated life partners. But Indiana does not recognize this as a legally enforceable marriage. It also affects paternity issues and the rights of children to claim assets of their father. If the father of a child born in a pareja arrangement dies before paternity is legally established, special steps must be taken to protect the child’s legal interests. Otherwise, the father’s property may pass to extended family other than the child or common law wife. That is why our Legalmente Hablando Indy team helps Hispanic clients plan for protecting their family’s legal interests.
A Will is a legal document that describes your wishes for dividing assets after you die. You will select people to represent your legal interests in court or to do business. Then you will explain how you want your property divided. This could include transferring the title to a house or property to your spouse or other designated loved one. The Will can describe how you want personal items and money divided between your heirs. Establishing a Will can greatly help the distribution process after you die.
A Power of Attorney is a legally recognized document that transfers your decision powers to the person you choose when you are medically or mentally unable to make decisions. For instance, if you are in a COMA after an accident or unconscious due to COVID or other health complication, your legal representative can make reasonable and beneficial decisions for handling your financial affairs. Banks, realtors and other financial companies recognize these documents. This allows your loved ones to continue handling regular finances while you are incapacitated. When you recover, the representative’s powers are removed and you regain control.
A Health Care Representative appointment applies when you are medically or mentally incapacitated. Certain health laws prohibit doctors and hospitals from communicating with family members without written permission. The Health Care Representative appointment provides your chosen person to communicate with the doctors and learn about your medical or psychological condition. They may collect health records and make decisions for your treatment.
A Health Care Directive is a legally recognized document that give instructions to future healthcare providers regarding your treatment. For instance, if medical experts agree that you will not recover from a brain injury or serious illness, then you might want to instruct them not to keep you alive on artificial support. For many, these directions offer peace of mind their families are not burdened with attending to a body in a vegetative or non-responsive state.
Goodin Abernathy supports our clients with estate planning information and documents. The process is simple and offers people security their families and loved ones will be taken care during serious health events or death. Contact us for more information and let us help you plan to protect your family.
An Ounce of Simple Estate Planning Can Prevent A Pound of Legal Work
As the “Silver Wave” or “Gray Wave” segment of our aging population builds, many Gen X kids are taking on the responsibility of addressing estate planning for their parents. https://www.pewresearch.org/short-reads/2020/04/28/millennials-overtake-baby-boomers-as-americas-largest-generation/ Goodin Abernathy’s estate planning attorneys can support your estate planning with an easy, cost-efficient package of documents. Our attorneys will meet with you and your loved ones to personalize the details for Wills, Powers of Attorney, appointing a Health Care Representative and drafting Living Will or Advanced Lifecare Directives. Depending on your particular needs, our estate planning packages start at Five Hundred Dollars ($500.00) per person / package.
Over the years, our Goodin Abernathy LLP attorneys recognize two client tendencies typically frustrate the chances of arranging their estate planning. First, the “there’s always tomorrow” attitude puts it off. Of course, we hope our clients lead long, healthy lives. But the best time to plan is when you are healthy and mentally alert. Recently a family brought in their elderly father seeking legal help for his estate planning. Unfortunately, a dementia condition that started years ago progressed too far. Instead of preparing simple estate planning documents, the man needed a court appointed guardian. Of course this process requires a lot more time and costs a lot more money than preparing our estate planning packages.
The second phenomenon preventing people from timely preventing their estate planning is the “do it yourself” kit. The internet advertisements for estate planning offer “cheap” alternatives for handling your estate planning needs. Unfortunately, this approach usually promotes procrastination and the project is never accomplished because it always seems easy to do “next weekend”. Plus, let’s be honest and remember the age-old adage that “a person representing themselves has a fool for a client”. Just contact our Goodin Abernathy attorneys and get it done the right way. We will meet with you and take the time to evaluate your needs, explain options and suggest your best plan of action.
Basic Estate Planning Packages
WILL
A legally executed will expresses your wishes and provides instructions for handling the probate process. Many clients understand the importance of listing specific bequests and our attorneys walk them through the best course of action for handling these instructions. Wills may also save your heirs inheritance money by directing your personal representative on how to probate your estate.
Power of Attorney
Often, before one dies, their mental capacity or physical health begins failing. The Power of Attorney confers the legal authority to a designated representative. The representative may use the authority to manage financial affairs, business decisions and other important legal tasks for the grantor if she / he are medically or legally incapacitated.
Health Care Representative
The Health Care Representative appointment allows you to legally designate a representative to communicate with your health care providers. Often, hospital systems and doctors are reluctant to share information or accept medical decisions if a legal health care representative is not appointed. Establishing this directive allows your loved ones to be a part of your health care journey, know what’s going on and help make important decisions.
Living Will or Advanced Health Care Directive
Indiana law recognizes and respects a person’s Living Will document. This document states your wishes for important end of life decisions. Frequently hospitals want to know if you have a Living Will for handling treatment in terminal situations. You may feel relieved to know your family members will not bear the stress of making decisions about life support since your Advanced Health Care Directive will address your wishes.
Mind you, estate planning packages are important for new families as well. The documents provide moms and dads the security of know their children are taken care of in the event of accidental death or surprise medical conditions. You may appoint guardians for your children and develop Trust terms for managing assets until the children are mature enough to make sound financial decisions. Since our attorneys have helped widows and seen the devastating impact of sudden death on young kids, Goodin Abernathy LLP attorneys understand how to explain important planning concepts to our younger clients as well.
Our attorney handle probate for the heirs and family members of deceased loved ones. Estate planning is simply distinguished from probate in that it involves planning for the ultimate probate of an estate. Legal requirements control how estates are managed and property is distributed in the “probate” process. Start building a trusting and friendly relationship with our attorneys now. Our professionals will share legal guidance in a comforting manner for your loved ones after you pass.
If you speak Spanish, how are you going to testify in court? Can you even open a lawsuit? Many of our Legalmente Hablando Indy and Goodin Abernathy LLP clients speak Spanish as primary language. Our team speaks Spanish. But what happens in court or when we take our clients to depositions for interviews by other attorneys? Who interprets for them in the court room? This article covers basic questions litigants have about using interpreters in a legal proceeding.
To begin, yes, the law allows Spanish and non-English speakers to open lawsuits and testify in court. The U.S. Constitution provides equal access to our courts for individuals and businesses. Access includes removing language barriers for non-English speakers.
Interpreter or Translator?
Many people casually trade the terms interpreter and translator when referring to a person that converts a foreign language to English. The difference is whether the conversion is oral or written. A person who orally converts another language to English, is an INTERPRETER. A person who converts written material written in a foreign language to English is a TRANSLATOR. When attorneys, litigants and judges are working in a court room or another legal proceeding, most often the need is for an interpreter to convert foreign languages, like Spanish, to English on a real time basis.
Who Qualifies As An Interpreter?
Using a family member or friend that speaks both Spanish and English to interpret in the courtroom would be easy and cheap, but the system requires licensed and approved interpreters. The legal process requires accuracy and fairness. Interpreters swear an oath for the judge to truly and accurately convert languages. They are trained to take notes and interpret testimony and court proceedings in real time. Licensed interpreters are trained how to interact with the judges and attorneys while testimony happens. This is a big reason why friends or family are not allowed to interpret in the court room.
Who Pays For An Interpreter?
Legal proceedings occur in and out of the court room. Before a trial or hearing begins, attorneys typically conduct discovery to collect evidence for their case. During discovery, depositions are often taken to prepare for trial. This is where an attorney uses a court reporter to record a formal interview of a party or witness. In this legal setting, the attorney and client who requested the testimony are responsible for 1) hiring a licensed interpreter and 2) paying the interpreter. However, licensed interpreters are not needed for all discovery efforts. An attorney can speak with a witness informally and take a statement without an interpreter. But that informal statement probably cannot be used in court.
If action is taking place inside a courtroom, then the court system is required to provide and pay for a licensed interpreter. Since our legal system is required to serve all people, without language barriers, our government supports the judicial system by paying for the interpreter services.
Sometimes court action takes place outside the courtroom. For instance, if a judge orders parties to mediate a case, the court is responsible for paying the interpreter. If the court orders the activity, the court pays for an interpreter to facilitate the activity.
Can We Call Someone Or Just Use A Computer Application To Interpret?
It seems practical to use a computer application to interpret or translate, but speed and reliability are important. A cell phone app will not be allowed to replace an interpreter. Sometimes, if the court hearing is short and uncontested, the court may use a phone line service to interpret rather than having an interpreter present in the courtroom. Indiana uses a service called Language Line. https://www.in.gov/courts/admin/diversity/language-access/interpreter-services/
However, a court must use a live interpreter for things like criminal guilty pleas, trials and other disputed hearings.
When there are questions about interpreter requirements, courts can contact the Indiana Office of Judicial Administration at interpreter@courts.in.gov. This department will support courts and attorneys with questions about interpreters and Indiana legal proceedings.
Contact attorney Jim Browne at Legalmente Hablando Indy and the Goodin Abernathy LLP law firm for more questions. Our Spanish speaking staff communicates directly with our clients and has the experience needed for handling cases involving interpreters.
Employee and worker rights have been a long-running topic in our country as we try to maintain a work/life balance. One of the most influential and beneficial laws passed in recent history is the Family and Medical Leave Act (FMLA). Since the passage of the FMLA in 1993, millions of people have been able to take the time needed to care for themselves and their loved ones. The lawyers at Goodin Abernathy represent clients and their workers’ rights when they need to take medical leave. We are passionate about protecting our clients’ rights and ensuring their livelihood is protected when caring for themselves and family.
Qualifying Employees
Companies or businesses that employ 50 or more people for more than 20 work weeks in the current or previous year must abide by the FMLA. In addition, as an employee of one of the qualifying companies, you must also meet specific standards to qualify for medical leave.
First, you must have been employed by your current employer for at least a year, which would be twelve months. During those last 12 months, you must have worked at least 1,250 hours. This equates to 31.25 40-hour work weeks, which is just under eight months of full-time work. You can qualify for medical leave as a part-time employee. However, you would still need to meet the employment requirements.
Second, if you meet the employment requirements, you or a family member must then experience a qualifying illness or event.
Qualifying Family Members
A qualifying family member would be in your immediate family or household. The FMLA defines family members as the employee’s spouse, parent, guardian or custodian, grandparent, brother, sister, or adopted brother or sister.
Qualifying Reasons
To be able to take a medical leave, it must be a qualifying condition or situation. The FMLA defines this as the birth or adoption of a child, a serious health condition that renders you unable to do your job, or a family member’s serious health condition that the employee must take care of.
Medical leave under the FMLA is considered a protected activity as a matter of public policy. Speaking with an employment lawyer can help you understand your rights and ensure you qualify. Employers that terminate an employee for doing a protected activity could be liable for wrongful termination.
What Is A Serious Health Condition?
Not all medical conditions will qualify you for medical leave. The condition must be a “serious medical condition” that prevents you from doing your job. For example, you or a family member must stay in the hospital overnight. You or your family member may require treatment from a doctor that requires three or more days off from work. The medical condition is chronic or requires ongoing treatment that incapacitates you for extended periods of time. The medical condition is long-term and permanent, with no effective treatment available.
How to Take Medical Leave
If your medical leave is planned, you must give your employer at least 30 days’ notice. It is best to communicate with your employer about your medical leave in writing. Print out and keep these communications for your records. For example, adoptions, giving birth, or having surgery would qualify. However, in an emergency situation, you must give notice as soon as possible.
Your employer may ask for a written statement from a doctor. Your statement should include the basic facts of the health condition, when it began, and how long it is expected to last. There should also be a statement about how a serious medical condition prevents you from doing your job, which is why you are requesting medical leave. However, it does not need to include personal medical information that would violate your HIPPA rights.
If you are requesting time off to care for a family member, the statement would need to explain how you are needed to care for said family member. In addition, your employer may require a new written statement every 30 days.
When taking your medical leave, you have 12 weeks available. You can take your 12 weeks all at once or spread it out over the course of the year in smaller breaks.
When your medical leave is completed, your employer may require that you provide a written doctor’s statement verifying that you are medically cleared to return to work or that your family member no longer requires your care.
Stand Up For Your Employment Rights
You may have legal recourse if you qualify for medical leave, and your employer won’t let you, harasses you, or threatens termination. Possible recovery could include getting your job back or monetary compensation. In addition, your employer may be required to pay for your court and attorney costs. The team at Goodin Abernathy works with clients to protect their employment rights. You should be able to care for yourself and your family without fear of losing your job.
Contact our office today and speak with one of our knowledgeable employment lawyers.
About 32% of workers do not report the discrimination they experience because they aren’t sure that it is a big deal. This is unfortunate because no one should experience any level of discrimination. Our team of experienced discrimination lawyers at Goodin Abernathy understand that workplace discrimination comes in many forms. These are some of the things that can happen to you if you’re being discriminated against.
1. Lack of Employee Diversity
One easily recognizable sign that discrimination might be taking place is a noticeable lack of diversity within the company. If everyone on the team is the same race, gender, age range, ethnicity, religion, and socio-economic class, then there is a lack of diversity. This can result in groupthink and a lack of acceptance of anyone who does not fit the mold. However, the discrimination taking place can be subtle. It could be intentional or unintentional.
2. Payscale Inequality
You have probably had an employer prohibit employees from talking about their salaries. However, you have a federally protected right to speak about the details of your salary with your coworkers. One reason employers attempt to prevent this type of discussion is that it can easily reveal discrimination. For example, if employees in the same position with the same experience and work quality have vastly different salaries, this could be a sign of discrimination. Speaking with a knowledgeable discrimination lawyer can help you identify discrimination through pay inequality.
3. Promotions Not Based on Merit
Promotions, pay raises, and layoffs should be done based on merit and work product quality. Employers should consider an employee’s performance in their role, not their gender, age, race, or religion. Look for a pattern in the decision-making of promotions, raises, and layoffs. This could be that only certain gender or race employees get promoted. Or employees of a particular age or religion are the only ones that get laid off. Another more subtle sign of this type of behavior is a manager that doesn’t do performance reviews or ask for input from other employees and managers.
4. Exclusion From Informal Networking
In every industry, a certain amount of socialization and networking takes place. This informal networking helps employees stay informed, progress in their careers, and develop social capital. When people with a specific category are excluded from informal socialization, it could be a sign of discrimination. This type of discrimination can be difficult to prove. Speaking with an experienced employment lawyer can help you determine if discrimination occurred and how to establish evidentiary proof if it did.
5. Personal Criticizing or Micromanagement
Some managers have a critical nature or a micromanagement leadership style. This is not automatically discrimination if they treat everyone this way. However, if they target a single person with overly critical communication or aggressive micromanagement, this could be discrimination. Signs of this could be a refusal to acknowledge a job well done, excessive criticism, or speaking in a derogatory tone.
6. History of Employee Lawsuits
Often, an employee feels alone in their discrimination experience. However, this isn’t always the truth of the situation. Speaking with an experienced workplace discrimination lawyer can give you insight into your company’s history with discrimination. For example, you may find that the company has a history of lawsuits and EEOC complaints. This can be a sign that discrimination is widespread throughout the company and makes it likely that the treatment you are experiencing is discrimination.
7. Unfair Disciplinary Action
Some discrimination provides certain employees more benefits than others. However, discrimination can also mean that some employees experience more negative treatment than others. If there are unfair disciplinary actions, this could be a sign of discrimination. A company should have a manual that outlines expected behavior and the consequences when not adhered to. The company then needs to follow these policies when disciplining employees. Discrimination happens when there is no employee manual, or the manual is ignored. Managers could give unjust criticism, harsher punishments, or more aggressive termination practices. Sometimes managers do these unintentionally. Others use these practices intentionally to build a case for the termination of the discriminated employee.
8. Duty Assignment Based on Gender
A subtle sign of discrimination is workplace roles assigned based on gender. This happens when people allow themselves to fall into the rut of traditionally gendered roles. Discrimination of this type can be more subtle. For example, the company could have a diverse employee profile. However, the women are the ones responsible for the management of the break room and secretarial roles. While the men in the same position are not expected to do these things or are more quickly promoted to a managerial or executive role.
How Your Employer Accountable
No one should have to experience or accept discriminatory treatment while at work. However, if you notice these actions or treatment at your place of employment, then your employer may be discriminating. Whether intentional or not, the experienced lawyers at Goodin Abernathy can help you hold your employer accountable for their actions. Contact our team of caring lawyers to talk about your work experience and possible discrimination lawsuit.
Business contracts are an important part of operating any enterprise. These documents serve as the guidelines by which you will enjoy mutually beneficial relationships with your partners, vendors, subcontractors, and more. Today’s tips can help you better understand the purpose of these legal documents and how to best enter into an agreement that’s binding and fair for all.
Do I Really Need A Legal Contract?
In a nutshell, yes. Say that you open a business with a friend. You both agree that one of you will put up more financial capital and the other more time and effort into running the business. For this, you agree to split your profits 50/50.
However, despite your financial injection, your partner chooses to pay themselves a share of profits proportional to the time they put into the business. In this case, you may have a difficult time proving your verbal agreement. Keep in mind, however, that verbal agreements may be enforceable; they are just more difficult to prove.
A legally-binding contract will clearly spell out each of your roles and responsibilities, compensation, and expectations so that there’s no question of who gets what.
A Partnership Agreement Should Be Your First Document
With this thought in mind, it’s smart to create a general partnership agreement before you begin your business together. This is an unincorporated structure that outlines business responsibilities and, when written well, can help you overrule your state’s local default guidelines, which may or may not be in your and your partner’s best interest.
When drafting a partnership agreement, you will need everyone’s full legal name, their financial and physical contributions, expected administrative and managerial duties, and a list of procedures you expect to follow. This agreement offers simplified taxes, and you won’t have to file an annual report.
E-Signing Versus Physical Signing
Before the advent of the internet, contracts had to be signed in person, and this often required a notary to witness the event. While this is still common practice in many areas, you may want to try e-signing documents. This is more convenient, and you can use a tool that allows you to sign an editable PDF document, which can then be stored and shared securely.
There are many rules and regulations that go into electronic signatures, and these types of documents can easily be tracked for unauthorized changes. Keep in mind, however, that different countries may have different enforceable laws when it comes to e-signatures. However, the vast majority require, at minimum, that there be intent to sign electronically, a digital audit trail, signature protection, multiple copies, record retention, and an opt-out clause.
Your Words Matter
When drafting a legal document, it’s important that both parties understand the agreement completely. While it’s smart to have the document drafted and reviewed by an attorney, make sure that the wording is such that there is no question on meaning or interpretation. In this case, it’s better to use more common language instead of legal jargon. The goal is to have a complete understanding of each other so that there is no question of your intent and responsibilities.
Ultimately, having a legal agreement in place is one of the best things you can do for your business, whether you are a one-man show or a multi-level corporation. And whether you choose to electronically sign your documents or stick with an in-person signature and handshake, having a tangible and relatable agreement in place is one small way you can protect your interests and that of your business.
Contact Goodin Abernathy
If you’re a business owner or entrepreneur, it’s crucial to have a trusted legal partner on your side to help you create and review legally binding contracts. Goodin Abernathy law firm can provide you with the guidance and expertise you need to protect your interests and those of your business partners. Contact Goodin Abernathy today to learn how their team of experienced attorneys can assist you with your legal needs.
Rottweilers were responsible for 9.8% of fatal dog attacks between 2005 and 2019, making them the second most deadly dog breed behind pit bulls. Unfortunately, these statistics have given Rottweilers a bad reputation, leading many people to ask, are Rottweilers dangerous or are rottweilers aggressive? The short answer is that it depends. All dog breeds, including rottweilers, are potentially dangerous when they are not cared for and trained by responsible owners.
Are Rottweilers Dangerous?
Many myths surround Rottweilers as a breed. One of the most common is that Rottweilers are a naturally aggressive and dangerous breed. However, research shows Chihuahuas are naturally more aggressive.
Rottweilers are safe, loyal dogs, and well-behaved when properly trained. The American Kennel Club rates them as highly affectionate and playful. The owner should focus on proper training and mental stimulation to ensure that a Rottweiler dog thrives in a family home. Rottweilers are eager to please and thrive with plenty of mental stimulation. This lets the dog know what is expected of them and helps them stay happy and healthy.
Physical Size
Rottweilers are large dogs, with male Rottweilers measuring 24-27 inches at the shoulder and females measuring 22-25 inches. These dogs can weigh 75-125 pounds. In addition to being physically large, they are also solidly built with a lot of muscle, making them incredibly strong. A fully grown adult Rottweiler can easily knock an adult human over, making them potentially more dangerous than other dogs should one decide to charge at full speed at someone.
Protective Qualities
Rottweilers were originally bred to work as drover dogs and are one of the oldest herding breeds, descended from ancient Roman dogs. This means centuries of protective qualities and traits have been bred into the Rottweiler breed.
Unfortunately, Rottweilers can get a bad reputation when owners are not responsible. Without proper training and correction, this protective trait can lead the dog to act in an undesirable or dangerous way, resulting in dog attacks.
Individual Personalities
Similar to people, dogs have unique personalities. So, while general guidelines exist for Rottweiler personalities, each dog can vary from the standard. This means a Rottweiler dog may be more prone to protective traits, playfulness, or loyalty than other dogs.
What Injuries Can Be Caused By Rottweilers?
Because the attorneys atGoodin Abernathy regularly represent dog bite victims, there are some common injuries for which clients seek compensation. Rottweilers are large and muscular dogs with powerful jaws. Because of this, they can cause significant injuries such as lacerations, puncture wounds, broken bones, and nerve damage. In addition, during the healing process, the bite victim could experience infection or scarring.
These injuries could occur on the leg or arm, but they can also happen to the neck, head, and face, causing life-altering disfigurement. When this happens, dog bite victims can experience psychological and emotional trauma from the experience.
Rottweiler Safety Tips
Responsible dog owners educate themselves on responsible ownership and take the necessary steps to ensure the safety of their dog and those who could potentially interact with it. This starts with the professional training of the dog. When trained, a dog should listen to the owner’s commands, ensuring the owner is in control of the dog and the situation.
Do not allow children to approach or play with dogs without supervision. Children are unpredictable and can make sudden loud noises, startling a dog and causing them to react unpredictably.
Socialization
Rottweiler owners need to begin socializing their puppies at an early age. The owner needs to become the leader of the pack and prevent the Rottweiler from thinking it rules the house. This helps to temper the protective and territorial traits. In addition, proper socialization helps to raise a friendlier dog that will be more trusting of strangers, making them less likely to be aggressive toward people they do not know.
Rottweilers are intelligent and can learn to recognize regular guests. Always supervise first introductions and never allow a stranger to surprise your Rottweiler in their territory. Teach individuals the proper method of meeting a dog; this helps to put the dog at ease and be more welcoming to new people.
Speak With a Lawyer About Your Dog Bite Injury
If you have experienced a dog bite from a Rottweiler, you can seek compensation from the owner for your injuries. After receiving medical care, your next step is gathering all the relevant information and evidence of your dog bite injury. The lawyers at Goodin Abernathy are here to help you through the legal process. Our experience representing dog bite victims helps us fight for your rights.
