by admin | Jul 3, 2017 | Employment Law, Legal Matters Discussed
Do you feel that you face discrimination in the workplace? Are you being bullied or pushed out of your job unfairly? A number of employees in Indiana, ranging from junior staff to those in the upper management find themselves in this situation.
Common Harassment Issues in the Workplace
While no two discrimination or harassment cases are exactly the same, there are certain common issues that can arise such as:
- Hostile Work Environment – Is a supervisor or co-worker making your job unbearable? Just because the demands of a job are hard, does not mean that you are being harassed or discriminated against, or that your work environment is hostile. You must ask yourself if you are being treated differently because you are a member of a protected class. That is to say, are they doing this to me because of my gender, race, age, national origin, or because of a disability?
- Unequal Pay – Are you being paid less than your counterparts simply because of your gender? For example, are you a woman being paid less than your similarly situated male colleague for the same amount of work.
- Unusual Work Demands – Is your employer asking you to do work that is not being demanded of your co-workers simply because of your race or national origin? This may be discrimination.
If you feel you are experiencing discrimination or harassment on the basis of your race, gender, national origin, sexual orientation, disability, age (over 40) or pregnancy, you should talk to an experienced employment law attorney immediately. There are laws that protect employees from this type of harassment and discrimination, and you should know and understand your rights.
Most companies encourage an open and inclusive work culture. However, many people are afraid to speak up or report discriminatory behavior for fear of being retaliated against. Federal laws also protect employees from retaliation if they speak truthfully and report abuses, or participate in an investigation.
Some examples of the many Federal and State laws that protect employees in Indiana include:
- Title VII of the Civil Rights Act (1964)- This prohibits discrimination because of color, race, religion, national origin or sex;
- The Age Discrimination in Employment Act (1967)(“ADEA”)- This act prohibits the age discrimination of individuals over 40;
- Civil Service Reform Act (1978)- This act prohibits discrimination by any Federal employers on the basis of color, race, religion, national origin, age, sex, marital status, disability, sexual orientation, and political affiliation;
- Sections 1981 through 1988 of Title 42 of the United States Code;
- The Americans with Disabilities Act (1990)- The act prohibits discrimination against any qualified individuals with disabilities;
- The Worker Adjustment and Retraining Notification Act;
Indiana Age Discrimination Act, IC 22-9-2-1, et seq.;
- Indiana Civil Rights Law, IC 22-9-1-1, et seq.;
- Indiana Minimum Wage Law, IC 22-2-2-1, et seq., including the Indiana Equal Pay Act;
- Indiana Employment Discrimination Against Disabled Persons Act, IC 22-9-5-1, et seq.;
- Indiana State Wage Payment and Work Hours Laws, including IC 22-2-4-1 et seq., IC 22-2-5-1, et seq., and IC 22-2-9-1, et seq.;
- Indiana Family Military Leave Law, IC 22-2-13-1, et seq.
Discrimination in the Workplace – Points to Consider
Every case is different, but if you feel that you are being discriminated against in your workplace, you must first follow your employer’s procedures to notify the employer and give them the opportunity to take corrective action. If that is not successful, then the next step may be filing a Charge of Discrimination with a Federal or State agency that enforces the existing labor laws allegedly being violated. Some of the vital points to consider are:
- Know your rights- Make it a point to know your employer’s policies are on harassment, and discrimination, as well as their procedures for making a complaint. This will give you a clearer idea about whether your company is treating you unfairly.
- Maintain records- Maintain a detailed record of emails, conversations and times as well as events related to your unfair treatment. This evidence may later be vital in proving your claim.
- Seek advice from experts- An experienced Indiana discrimination lawyer will be able to provide a free phone consultation and can give you basic information about your rights and whether you actually have a case.
- Don’t resign abruptly- While it can be very tempting to just walk out and then bring a case, you may waive potential claims if you just resign voluntarily. Always consult with an attorney and know what you may be giving up before you voluntarily leave your employment.
- Act without delay- If your feel that you have been the victim of harassment or discrimination, or that you have been wrongfully terminated due to retaliation or discrimination, there are deadlines for making a claim. The time to file a Charge of Discrimination with the EEOC (Equal Employment Opportunity Commission) is usually 180 days from the date the last discrimination occurred. However, this deadline can be extended to 300 days if the charge is covered by a local/state anti-discrimination laws. In almost all cases, you are first required to file your Charge of Discrimination with the agency that enforces the applicable law before you can file a lawsuit. This process is known as “exhausting your administrative remedies.”
by admin | May 21, 2017 | Auto Accidents, Legal Matters Discussed, Personal Injury, Safety
Teen drivers between the ages of 15 and 20 account for just a little over 6% of the drivers on roads in the United States. Parents provide teenagers with cars because they want their kids to be independent and not rely on them to get around. Unfortunately, this newfound independence can have consequences. Teenagers lack the ability to recognize hazardous driving situations and often forego caution when they’re driving and end up taking unnecessary risks. That’s why they’re more likely to get into accidents than experienced adults.
Some Facts Regarding Teen Driving
• In 2013, there were around 2,524 teenage fatalities caused by motor vehicle accidents.
• Around 120 deaths happened when a motorcycle was involved in the accident.
• Around 55% of the high school students surveyed confirmed that they wore seatbelts when they drove.
• Around 22% of the teens surveyed admitted that they rode with a driver who had drunk alcohol.
• June (summer) had the highest number of car accident fatalities among teens. 260 individuals died in 2013 for this reason.
As you can see, teenagers are involved in an alarmingly high number of accidents and many of them involve fatalities or severe injuries. Even the most responsible teenagers give in to the temptation to go past the speed limit or check their phones while driving.
Teen drivers don’t just place themselves in risk, but also everyone else present on the road and inside the vehicle. A recent study conducted by AAA or American Automobile Association concluded that 10 people die as a result of teen driving accidents every day between Memorial Day and Labor Day. Most of these accidents happen because the teenager is distracted during driving.
What is Driver Distraction?
A driver can be distracted by a number of things inside and outside the vehicle. Adult drivers learn to keep their attention focused on the road and on their vehicles but they too can also get distracted. Teenagers are more prone to driver distraction than adults; that, coupled with a teenager’s tendency to be reckless while driving in general can lead to serious accidents. Many speculate that around 60% of accidents involving teenage drivers are caused due to driver distraction. Here are some facts that support that:
• In a nationwide survey, about 32% of high school students admitted that they texted or sent an email while they were driving.
• 56% of the teens surveyed admitted that they spoke on their cell phone while at the wheel.
• 34% of individuals between the age of 16 and 17 admit that they send or respond to messages while driving.
• 48% of individuals between the ages of 12 to 17 admitted that they were present in the car when the driver was distracted by texts and messages.
According to research, talking on cell phones can significantly slow the reaction time down and doubles the chances of an accident. Teenagers are likely to respond as slowly as 70-year old drivers if they’re distracted by a phone call.
Teen Drivers and Underage Alcohol Consumption
Teenagers can be reckless and take risks and the presence of alcohol in their system only aggravates this. According to the non-profit organization MADD (Mothers Against Drunk Driving):
• Around 25% of all teen car accidents with fatalities involve underage drinking while driving.
• Nearly 6% of individuals of the age 16 and 17 admitted to driving under the influence of alcohol.
• Over 15% of individuals between the ages of 18 and 20 admitted to driving under the influence of alcohol.
• 13% of students in 12th grade admitted to driving under the influence.
• According to a survey conducted by the CDC, 17% of young drivers between the ages of 16 and 20 in fatal vehicle crashes had a BAC of .08% or higher, which is considered the legal limit for people over the age of 21.
Underage drinking is also more likely to happen during summer when teenagers attend parties, sleepovers, and go out on trips together.
The Connection Between Summer and Teenage Accidents
Summer is considered the worst time for teen driving and this time is also known as “100 Deadliest Days for Teenage Driving”. Teenagers consider summer a time for freedom and fun. They consider themselves free from responsibilities and use their vehicles for more than just to drive to the local mall to go to school. Teenagers drive farther and go on longer trips during summer because they have more time on their hands.
This increases the likelihood of them being involved in accidents and being reckless. Parents need to be extra vigilant and communicate with their children, especially during summer. Experts have observed that regular communication between parents and teenagers regarding driver’s safety can encourage them to be more cautious and not indulge in as many risky behaviors.
What Can Parents Do?
Parents of teenagers can minimize the chances of teen accidents by teaching their children good driving habits and being aware of the risks involved. Here are some steps parents can take:
• Come to an Agreement – Before handing the teenager keys to their new car, parents can discuss some basic rules to follow. For example, parents can come to an agreement with their children that the car keys will be taken away if they text while driving.
• Switching Cell Phones or other devices Off – Parents can encourage their children to switch the device off and place it in the center console while driving. That’ll ensure they’re not distracted by calls or message ringtones.
• Music – Most teenagers use apps like Spotify or Pandora. Parents can encourage them to use the car’s existing system instead as that’ll minimize the likelihood of distraction and accidents.
Parents can also drive with their children and be in the passenger’s seat. They can teach safe driving techniques and encourage driving awareness.
What Can You Do?
If you’re involved in an accident with a teen driver, be sure to contact the authorities and get legal assistance immediately. A lawyer will protect your interests and ensure the case is handled fairly for all parties involved.
by admin | May 12, 2017 | Auto Accidents, Legal Matters Discussed, Truck Accidents
Trucks are massive vehicles and often travel at high speeds on the highways. Not surprisingly, accidents can happen – and when they do occur, they can be very serious and lead to extensive injuries or fatalities of the victims. A collision with a fast-moving truck can send smaller vehicles flying and cause devastating consequences.
Many truck drivers travel over vast distances during the night, which also increases the risk of accidents. Driver fatigue, carelessness and poor safety visibility can cause a number of issues. In order to avoid accidents and the resultant liability, truck drivers are required to make sure their trucks are visible on the road.
Why is Visibility Such a Concern?
Even large vehicles, like trucks, can be almost invisible on a dark road at night. These trucks may be travelling through remote areas that aren’t as well-controlled or well-lit as city street. If there are no reflectors or lights to improve visibility, the trucks can pose a risk to other vehicles on the road. If the trucks have the necessary safety visibility stripes and reflectors on them, they’ll be visible from a distance, so other drivers on the road can take appropriate steps to drive more cautiously on the road or steer out of the way.
In fact, trucks without proper lights and reflectors are three times more likely to get involved in accidents. If a truck is not properly marked, the owner may be liable if an accident occurs. Even if the accident is someone else’s fault, the truck driver can be held liable if they don’t have proper safety and visibility markings on your vehicle.
Truck drivers are also required to follow certain safety procedures. They need safety visibility if their truck becomes disabled or stalls in the middle of the road and they have to park it. They must get the truck completely off the road and away from on-coming traffic and also ensure other drivers can see their parked truck – that it is visible to other drivers from a distance, so they can slow down in order to pass it safely.
Truck drivers are required to place the visible signs around the truck to establish a safe perimeter. This is to ensure that all other vehicles can pass by safely, and it minimizes the risk of collisions.
Truck Drivers are Required by Law to Follow Certain Safety Measures
When truck drivers stop on the roadsides or stall on the road, the drivers are legally required to follow a set procedure and park their vehicle in a specific manner. Most trucking companies must properly train their drivers carefully to ensure they follow these procedures. These drivers also attend refresher courses to ensure they remember their legal obligations and know how to secure their vehicles well.
Here are some of the safety measures truck drivers must take in order to avoid being a danger to other motorists:
• The truck driver must switch on their emergency hazard lights to ensure that the stalled truck is visible from a long distance.
• The truck driver then must set up three physical warning signs around the truck. These signs should be spaced according to the flow of traffic and length of the road, to get maximum visibility. This warns approaching drivers of the truck’s presence so they know to proceed with caution.
• The truck drivers must also place triangle-shaped reflectors on the vehicle in visible areas. These reflectors are red in color and made of plastic. Drivers are required to carry them in their trucks to ensure they’re always available in case of an emergency.
• Alternatively, drivers can also use roadside flares. These flares are bright and highly visible as they produce active flames.
If truck drivers fail to follow these safety precautions, they may be held liable for any accidents that occur as a result.
Why Reflector Tapes are Essential
According to a study conducted by National Highway Traffic Safety Administration, reflector tapes are responsible for a 44% drop in accident rates in passenger vehicles as well as tractor trailers. This study can be easily applied to trucks and semi trucks as well. Semi trucks and vehicles with extended trailers need to have sufficient reflector tape on them.
If the other drivers on the same road can see the dimensions of the truck and the trailer as they approach behind it, they will know just how big it is, and that will help them drive around the vehicle more safely. Reflector tape should be affixed on top of the trailers, around the doors and windows, along the length of the trailer and truck, as well as along the back. These tapes reflect light so they will be easily visible when the lights of an oncoming vehicle shine on them.
What Should You Do If You’re Involved in an Accident with a Tractor-Trailer?
If you’re involved in an accident, you need to make sure you protect your interests. If your are physically able, you should call the authorities immediately and secure your vehicle. Make sure your vehicle is in a safe place to avoid other accidents.
Once you are able to call the authorities, call a lawyer who specializes in truck accident cases. Oftentimes, trucking companies, or their insurance carriers will send experts to the scene as soon as possible to begin taking photographs and preserving evidence. If you are able, you should take your own photographs of the scene and the vehicles involved.
Finally, never settle your case with the trucking company or their insurance carrier until you have spoken to an experienced accident attorney. Trucking companies usually have good legal professionals on hand. If you are in an accident with a truck driver, find a legal professional to represent you before you speak to the trucking company or their legal team.
A legal professional will help determine liability and ensure both parties can come to a fair settlement.
by admin | Apr 20, 2017 | Legal Matters Discussed, Safety, Worker's Comp
Construction workers place their lives at risk every day on the job. Accidents and falls can happen, even with the best safety equipment and highest safety standards in place. Sometimes, construction projects aren’t as safe and secure as people would like them to be, which increases the risk of accidents.
The construction industry ranks high in job-related accidents and fatalities. Most of these fatalities and work injures are caused by falls from scaffolding and other such areas of the project site. Scaffolding must be secure and should be able to bear the weight and movements of the construction worker easily. If the construction worker falls and is injured, it’s important to carry out a thorough investigation to determine the true cause of the accident and understand liability. An experienced work injury attorney can help.
What are the Scaffolding Safety Standards?
Scaffolding is an important aspect of all construction sites and some tasks and installations can’t be carried out without it. While the authorities recognize this and know there’s an inherent risk involved in all construction tasks, they have determined that this risk can be minimized by improving the safety standards of the scaffolding.
The Occupational Safety and Health Administration, state organizations, and even private businesses post separate safety standards that will help ensure construction workers as secure as they can be. Here’s a brief introduction to the standards construction companies must follow:
• Scaffolding should be able to hold and support four times the weight anticipated as necessary. For example, if the anticipated weight of the of the construction worker and his equipment is 200 pounds, the scaffolding should be able to support 800 pounds.
• A scaffold should be securely anchored and shouldn’t be supported by loose fixtures like barrels or bricks.
• The plank should overlap by at least 12 inches to provide adequate anchor to the scaffolding.
• To provide enough balance, the planks should extend their supports by at least 6 to 18 inches. This will ensure the planks have enough weight at the edge and dont tip over.
• The scaffolding should have overhead protection if there’s work being done overhead.
• Construction supervisors should ensure there are no tools, debris, equipment, or other such materials present on the scaffold. Obstructions can lead to accidents, especially if the construction work is distracted by their work and can’t look down at their feet.
• The construction site should not have shore scaffolds and lean-to scaffolds as they’re unsafe and prohibited.
If the construction company doesn’t provide secure and properly anchored scaffolding, they’re not following the established standards and can be held liable if there’s an accident.
What Should You Do You If You Fall From the Scaffolding?
Your first priority should be to get medical attention and focus on your health. Injuries caused by falls from scaffolding are often serious and should be addressed immediately. Some injuries might grow worse if you delay in seeking medical attention.
After you’ve received the treatment, your next step is to call a worker’s compensation attorney who will help you with your case. Your family can also call an attorney on your behalf. Here’s what you should do immediately after you’re well enough you speak with a lawyer:
• Don’t Speak with Company Attorneys – The construction company will respond quickly in the case of accidents and attempt to minimize the compensation amount as much as they can. It’s important that you don’t speak with them without an attorney present or without discussing your case with the attorney. You’re perfectly within your rights to deny a meeting with your employers until you’ve spoken with your attorney.
• Appoint Some to Represent Your Interests – Don’t hire attorneys recommended by your employers and don’t take legal advice from company lawyers. Do your research and find someone who will work with you and for your interests. Make sure you hire an attorney as quickly as you can because such cases are subject to the Statute of Limitations and must be filed within 2 years of the incident.
• Discuss the Accident with Your Attorney – After you’ve hired someone reliable to help you, explain the entire situation to them as factually and honestly as you can. In such situations, it can be difficult to recall the details but it’s important to help your attorney as much as you can.
• Give the Attorney Access to Your Medical Reports – The attorney needs to understand the extent of your injuries in order to plan the compensation amount. You should allow them to have a copy of your injuries and access to any observations your doctor may have made during the treatment.
The attorney will collect all evidence, prepare the paperwork, and be present in all interviews and negotiations with the construction company and their legal team. This will ensure you’re not pressurized into settling for less than what you deserve.
The Lawsuits Regarding Falls from Scaffold
There are three things an attorney must establish in order for the lawsuit to be successful in courts and they are:
• It’s the defendant’s responsibility to provide safety and security to you and make sure the scaffolding is safe to use.
• The defendant didn’t perform their duty and provide a secure enough scaffold and the construction site wasn’t up to normal industry standards.
• Their failure to perform this duty led to your injury and accident.
Before the attorney files a lawsuit, they’ll determine who is liable by determining who is responsible for supplying scaffolding material, installing it, and maintaining it. Most of these cases are settled outside court and in the presence of attorneys on both sides. However, if you refuse to settle outside court if you believe the compensation they offer isn’t enough and won’t cover all of your expenses.
What’s Included in the Compensation?
A compensation amount will include medical expenses, loss of wages because you missed work, pain and distress caused by the injury, loss of normal life because of resultant disabilities or permanent injuries, loss of income because you’re no longer able-bodied enough to work in your industry.
Your attorney will take your circumstances into consideration and determine the compensation amount carefully.
by admin | Mar 29, 2017 | Brain Injuries, Burns, Legal Matters Discussed, Personal Injury, Worker's Comp, Wrongful Death
Each year in Indiana and across the United States, workers are severely injured or killed in workplace accidents involving electrocutions. In 2015, the Bureau of Labor Statistics reports that 134 workers across the nation were killed when they were exposed to electricity while they were working. Workers in the construction industry are especially at risk of suffering an on-the-job electricity-related injury. The Occupational Safety and Health Administration calls electrocution accidents among the construction industry’s fatal four, which are the four types of injuries that result in death each year. In addition to the risks of death from contact with electricity, electrocutions also bring risks of serious injuries.
Causes of Workplace Electrocution Injuries
Both electrical workers and non-electrical workers may suffer electricity-related injuries while working. The primary causes of electrocutions in the workplace are contacts with overhead power lines, contacts with electrical wiring and equipment and contacts with appliances and machinery. Among workers who are not employed as electrical workers, the primary cause of work-related electrocution accidents is contacting overhead power lines because of failing to stay far enough away from them; failing to protect the lines; and failing to de-energize them before working around them. Other workers may also suffer from electric shocks from using old extension cords and engaging in other unsafe workplace activities. Defective wiring in the workplace is also a leading cause of electric shocks among workers outside of the construction industry.
Work Related Electrocution Injuries
Coming into contact with electricity may cause injuries ranging from mild pain and discomfort to death. Some people who suffer from them may be left with permanent disabilities and be unable to return to their jobs. The injuries may include the following:
- Brain injuries
- Neurological injuries
- Cardiac arrest or other heart problems
- Permanent disfigurement
- Burns
When workers suffer from electrical shock, they may suffer several symptoms, including heart attacks, dizziness, unconsciousness, seizures, muscle pain, headaches or hearing loss. It is important for people who have suffered electric shocks at work to seek medical care immediately.
Workplace Electrical Hazards
In order to help prevent workplace injuries from electrical exposures, OSHA promulgates and enforces safety regulations that companies are required to follow. There are numerous hazards that may lead to electrical accidents in the workplace, including wet floors, defective wiring, overloaded circuits, downed power lines, exposed electrical parts and others. When companies violate these regulations, they place their workers at risk of suffering debilitating injuries or fatalities. No matter who was at fault in causing the accident, eligible workers may recover benefits from workers’ compensation when they have been injured on the job by electricity.
Recovering Benefits or Damages from Workplace Electrocution Accidents
Workers who suffer from electric shocks while they are on the job may file claims for benefits through their employers’ workers’ compensation insurance policies. Most employers in Indiana are required to carry workers’ compensation insurance so that workers who are injured may recover benefits for their injuries. Injured workers may recover benefits to pay for all of their related medical costs, including hospital care, medical appointments, rehabilitation, prosthetics and prescription expenses. If a worker is unable to return to work because the accident caused a disability, the worker may recover monthly benefits that pay for a percentage of his or her former income. Disability benefits through workers’ compensation may include those for partial or total and temporary or permanent disabilities.
In some cases, third parties may hold liability for workplace electrocution accidents under a theory of negligence. For example, if a worker is electrocuted by a defective piece of equipment, the parties that were involved in the chain of production may hold liability to pay damages to the injured worker or to the family members of workers who were killed. Families of workers who are killed in workplace accidents involving contacts with electricity may also recover benefits from the employers of their loved ones by filing workers’ compensation claims. The spouses of the workers may recover monthly benefits to replace a percentage of their loved ones’ incomes that were lost when they were killed in an electrical accident while working.
How an Attorney May Help
If you were injured at work in an accident involving contact with electricity, you may benefit by seeking help from an experienced attorney at Goodin Abernathy. Our attorneys may help you to recover the workers’ compensation benefits to which you should be entitled. If a third party is partly to blame for the accident, our attorneys may also file personal injury lawsuits against the third party in addition to your workers’ compensation claim. This may help you to maximize the amount of compensation that you might recover to help pay for the losses you have suffered from your electrocution accident.
by admin | Mar 4, 2017 | Current Events, Immigration, Legal Matters Discussed
Donald Trump’s presidential campaign and election has been one of the most divisive and contentious in recent memory. Ever since he took office, there have been questions and controversies popping up left and right. People have questioned the legitimacy of this election, speculated about his possible ties with Russia and Putin, and expressed dismay over this very active and noticeably unchecked presence on social media.
Since he became President, he has signed an Executive Order to ban refugees and immigrants; promised to build a wall between the US and Mexico; started measures to repeal Obamacare without proposing a solid plan for replacement; allowed coal mining companies to dump pollutants in streams; and has taken several other controversial steps. Needless to say, there are many people who want him out of office and talk of the possibility of an impeachment of President Trump.
What Is Impeachment?
Impeachment is a power granted to the Congress by the constitution to essentially put certain elected officials on trial. If the officials are proven guilty in this trial, they can be removed from the office and therefore impeached. The process involves both the legislative arm of the government while the executive branch isn’t involved.
The legislative body decides whether there are any grounds for impeachment before they hold a formal trial. This trial decides whether it can convict the official if they’re found guilty. This brings us to our next point:
On What Grounds Can A President Be Impeached?
You can’t just impeach the President because you dislike him or disagree with his political stance. In fact, the judicial department won’t even investigate the President until they have very serious allegations and enough proof to warrant an investigation. The grounds for impeachment are laid out in the constitution in Article II, Section 4:
“The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”
As you can see, this statement is quite vague and doesn’t provide a clear definition of what can get the officials impeached. The House of Representatives decides what offences can fit that definition and that is very subjective. According to the former President Gerald Ford, the grounds for impeachment can be anything that the House of Representatives considers it to be at a given point of time or history. The grounds for impeachment today can be different from what they were 50 years ago. It’s generally understood that an official can be impeached if they:
• Use their Presidential power to profit or for personal gain.
• Exceed the powers of their Office as laid down by the Constitution.
• And engage in behavior completely unbecoming of their proper function in office.
It’s very difficult to find actions that can fit these categories of offences. For example, if Trump actually arrests someone and throws them in jail for being a political opponent or uses his influence as President to earn millions under the table, there might be grounds of impeachment.
What is the Process of Impeachment?
The impeachment proposal must go through a long process to be successful. The law is confusing and there are many safeguards in place to ensure the President can’t be impeached without due cause. Here’s a brief description of the process:
• The impeachment is first considered by the House Judiciary Committee. They will determine if there’s any cause of impeachment.
• If they find cause, the Chairman of the Judiciary Committee will initiate a formal inquiry into the issue of impeachment.
• After the inquiry is complete, the Committee will inform the Full House. They will explain they find impeachment warranted and that will trigger a debate in the Full House.
• The Full House will vote on every Article of Impeachment. If even one of the Articles of Impeachment is approved by a simple majority vote of the Full House, the President is considered informally impeached.
• The trial will then proceed to the senate. This is where they convict the President and finalize the impeachment.
• The President’s interests will be handled by his lawyers like in any court case. Some members of the House will be prosecutors. The Chief Justice of the Supreme Court will preside and the entire Senate will be the jury.
• The entire senate will debate and determine if the impeachment is valid. If 2/3 agree, the President will be removed from office.
by admin | Feb 5, 2017 | Immigration, Legal Matters Discussed
Facts Regarding Immigration Process and Procedures After the Executive Order by POTUS
President Trump signed an executive order on 30th January that suspends admission to refugees from all countries for 120 days; restricts immigrants from some countries; and bars Syrian refugees indefinitely. The reaction to this order was swift and polarizing. Immigrants who are set to arrive on US soil in the following weeks or months are anxious and need accurate information. Here are some facts you need to know if you are set to migrate to the US soon, especially if you wish to migrate to the state of Indiana.
Who are Most Affected by These Executive Orders on Immigration?
There are several categories of people affected by this executive order. If you belong to any of these categories, you need to seek legal advice before you attempt to land on US soil.
• All refugees are denied admission for 120 days, regardless of their country of origin.
• People from Iraq, Iran, Somalia, Sudan, Libya, and Yemen are banned from entering on any Visa category for 120 days as well
• People from Syria are denied admission indefinitely, regardless of their Visa category.
• Green card holders are somewhat exempt as their situation will be considered on a case-by-case basis. Lawful permanent residents who are no threat the welfare of the country won’t be subjected to restrictions. However, green card holders who travel very frequently between two countries will be subjected to greater scrutiny.
• People that hold dual citizenships involving the above mentioned countries will also be affected by the order. If you hold citizenships in Iran as well as France, for example, you will be subject to restrictions.
Who are Not Affected by the Executive Order?
The order doesn’t apply to everyone coming into US. If you belong to the groups mentioned below, you don’t need to worry about the restrictions being applied to you:
• People from any country aside from the seven mentioned above can enter US as long as they have valid Visas and aren’t refugees.
• US citizens, by birth or naturalization, aren’t affected by the restrictions and will be able to travel. Some might face closer scrutiny, but citizens will be allowed to pass.
• People who hold US citizenship along with the citizenship of another country will also be allowed to pass.
• US citizens who frequently travel back and forth between US and the seven mentioned countries will be allowed to enter, but they will bear further scrutiny if needed.
What is a Refugee?
In order to fully understand the impact of the executive order, you need to understand what refugee means in legal terms. According to American Immigration Council, refugees are people who are “fleeing persecution or are unable to return to their homeland due to life-threatening or extraordinary conditions.”
They are allowed into the US because they can’t return to their home country as there’s a credible fear of persecution. These people flee from their homeland because they fear for their life and well-being and face discrimination based on race, belonging to a social group, religion, political opinion, or national origin.
Refugees usually apply for admission from a transition country that’s close to their homeland and outside US. If they’re granted permission, they’re allowed to enter the United States for resettlement.
If you belong to this category, you can’t enter US for 120 days. Syrian refugees are denied entry indefinitely, but that might change in the future.
Immigration for People Who are Not Refugees
People from all countries aside from the seven mentioned in this article will be allowed to enter on family-based immigration, employment-based immigration, or through the diversity visa program. So if you’re from countries like UK, Ireland, France, Australia, Japan, etc, you will face no problems as long as you don’t hold dual citizenship and are a citizen of the restricted country.
Is It a Muslim Ban?
Not on paper. It’s a ban against the seven aforementioned countries but it doesn’t ban Muslims from other countries. Majority of the Muslims who come to the US originate from countries like Saudi Arabia, Pakistan, Egypt, Indonesia, etc. These countries don’t face any restrictions unless the people wishing to enter are refugees.
However, one can’t ignore that most of the countries on the list are Muslim majority countries and this order has an impact on people belonging to this community. Even the minority non-Muslim community from these countries will face the same restrictions as the majority Muslim community so this ban has an impact on everyone with a refugee status or originating from those countries.
Is this Executive Order Permanent?
Unless something changes and new orders are implemented, the suspension of access to refugees is only valid for 120 days for people coming in from countries other than Syria. The suspension of admission to all Visa holders from the seven countries is also valid for 120 days. After that, you should be able to enter the United States. It’s wise to seek legal council from an expert in immigration law or research thoroughly before you finalize any plans.
Is there Any Action Taken Against the Order?
There are many professionals in the legal community who are actively working to resolve the situation. The American Civil Liberties Union or the ACLU has filed legal action in several courts. Judges in Alexandria, Virginia; New York; Boston; and Seattle have ruled that people in transit can’t be detained at airports. This ruling is limited to people who are already in transit or in US.
For now, the President’s orders are still valid and will restrict the movement of people mentioned in the order.
If you’re still uncertain about the status of your immigration, you can contact the immigration office and get more details on the matter. They will have the most up-to-date information about your status. If you’re married or closely related to people from these restricted countries, you should contact a legal expert to understand your position. It’s better for them to remain where they are instead of trying to travel to the US at this time.
by admin | Dec 14, 2016 | Legal Matters Discussed, Personal Injury
According to the U.S. Fire Administration, residential fire incidents are higher in the months of January, February and March – peaking in January. 15% of these fires are caused from heat sources, such as space heaters, fireplaces and even candles, being too close to combustibles. We want you to be safe this winter – and thru the holiday season.
Christmas Tree Safety
The holidays are a time for joy and celebrations when families gather together. While Christmas trees are quite festive, careful attention to detail is vitally important. At this time of the year, fires from dry Christmas trees are very common. Fires can easily start from a dry tree and endanger the lives of the entire family. Some simple guidelines for Christmas tree safety should be carefully followed to avoid any such tragedies, keep everyone safe and avoid personal injury and or property damage in your home.
A Properly Cut and Placed Tree
Fresh-cut Christmas trees need to be cared for properly from the very beginning. When you get it home – saw off another 1-2″ off the trunk to allow for better hydration of the tree. It should be cut straight, so that it is perpendicular to the trunk. This will help keep the tree more balanced and allow for better water absorption. It’s also important to use a tree stand that is the appropriate size for your tree – allowing for stability – as well as allowing for enough water in the reservoir. Using a tree stand which is too small can lead to instability and the tree falling over – and not enough water in the stand.
Basic Tree Maintenance
Once the tree has been cut and placed in the stand, it is important to maintain it properly throughout the season. This means making sure to keep it watered daily, so it does not dry out. Dried out branches can serve as kindling and can go up in flames fast.
Placement of Your Tree
Placement of the tree is also important to Christmas tree safety. Be sure it’s not sitting close to heat sources, such as fireplaces or radiators, extension cords (that could spark) or candles. Decorative lighting can even get too hot, so you should consider LED lights, and always remember to turn off or unplug your Christmas lights when you leave or go to bed – not leaving them unattended.
If you have small children or pets, you can also want to secure the tree with fishing line or guy-wires to the wall. It is clear and discreet, so it’s not likely that anyone will even notice it, and it could save you from the tree falling if the pets jump into it or a child pulls on it’s branches.
Have a Warm and Safe Holiday Season
We offer these simple reminders in hopes that you will have a wonderful, warm and safe holiday season.
by admin | May 26, 2016 | Construction Injury Claim, Legal Matters Discussed, Spinal Cord Injury, Worker's Comp
Typically the first piece of an injured worker’s claim involves worker’s compensation benefits. But Goodin Abernathy LLP’s experience handling construction accident cases provides clients with an in-depth review of all potential construction law claims. Our firm is experienced with the Indiana laws controlling how and when construction negligence claims are filed.
Perhaps the general contractor, construction manager, or property owner failed to provide safe working conditions or sufficient safety training. Maybe a worker from another company at the job site caused an accident. Perhaps a defective piece of machinery was to blame. Goodin Abernathy is experienced helping clients who have suffered finger, hand, and arm amputations; suffered broken bones and fractured backs falling from scaffoldings, buildings, and ladders; or been crushed by forklifts and heavy equipment.
Our attorneys evaluate Indiana’s OSHA regulations and construction safety guidelines to prosecute accident cases. We will hire construction industry experts, investigate the work site, and collect evidence to aggressively represent our clients. If you, a friend, or loved one was injured in a construction accident, contact the injury lawyers at Goodin Abernathy for a free consultation. Goodin Abernathy LLP understands the impact work injuries have on laborers and their families. We will fight for those injured workers and their families, claiming all benefits and damages available under the law.
by admin | May 2, 2016 | Legal Matters Discussed, Safety, Worker's Comp
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.
