Jay Trucks and Associates Legal Blog

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Truck Accidents: Licensing Fraud

noreply@blogger.com (Erica) — Fri, 29 Jan 2010 23:07:00 +0000

To drive a big rig - an 18-wheeler - you need a commercial driving license and special training. When a big rig is loaded it can weigh as much as 80,000 pounds, which means the driver must know exactly how to control it so as to avoid truck accidents.

In recent years, there have been more fraudulent licenses issued. The federal government has been investigating and has found licensing fraud in 24 states. In some instances, licenses are sold; in others they are issued by a fraudulent school. At least 21 investigations have been conducted in 13 states, according to one Brian Dettelbach, an official of the U.S. Transportation Department.

Fraud Investigations
In 1998 investigators began looking into an Illinois scandal of licenses for sale and this led to 75 people being convicted, 1,000 truckers being re-tested, and a prison term for Governor Ryan on federal corruption charges. According to federal officials, at least nine people have been killed by truckers who reportedly obtained their licenses illegally in Illinois, and many others have been injured.

Other investigations have taken place in Florida, where 12,500 truckers have been called in because they got their licenses through illegal third-party testers. An Orlando trucking school was shut down after illegally "qualifying" more than 2,000 drivers. Testing scams involve drivers being given the answers ahead of time, being given short versions of the test, or having other people take the test for them.

More Big Rigs and More Risk
The number of trucks on our highways has increased greatly in recent years. In 1980 there were about 20,000 interstate trucking companies and now there are about 564,000. While there were about 200,000 truckers on the roads in 2002, now the trucking industry estimates that there are more than 1.5 million.

Although Illinois, Florida, Missouri, and perhaps other states have tightened state control over private trucking schools and third-party testers, 1.5 million truckers on the road means that thousands of them are unqualified and unskilled and posing danger to everyone else on the roads.

If you or a loved one has been hurt by an unqualified trucker, you may well have a valid legal case. We invite you to contact us today to schedule a free consultation with one of our truck accident attorneys. We serve the areas of Flint, Saginaw, Traverse City and Lansing, Michigan.

Duties of a Rehab Nurse

noreply@blogger.com (Erica) — Wed, 20 Jan 2010 23:06:00 +0000

A rehabilitation nurse is one who specializes in helping disabled or chronically ill people to optimize their functioning. Rehab nurses may help people to adapt to a new lifestyle based on their disabilities and they may provide counseling and education to family members or serve as an advocate for the family.

As a nursing specialty, rehab nursing began in the 1940s, with the polio epidemic and the need for veteran care after WWII. In 1973, the Rehabilitation Act was passed and public awareness of the needs of disabled people began to expand.

A rehab nurse can operate in many settings, such as:

Long-term care facilities
Hospitals
Schools
Insurance companies
Community facilities
Outpatient care facilities
Private medical practices

Rehab nurses must be RNs with at least two years of experience in rehab nursing and must be certified by the Rehabilitation Nursing Certification Board, first developed by the Association of Rehabilitation Nurses. They have specific training through continuing or graduate education programs in nursing people disabled by strokes or chronic disease, to help them regain as much independence as possible and avoid any medical complications.

Usually, rehab nurses work as part of a rehab team, coordinating their patient care with the work done by other team members, such as physical therapists, speech therapists, doctors, respiratory therapists and occupational therapists. They begin their work with each patient soon after the disability begins, whether it is from an accident or trauma, from a progressive disease such as multiple sclerosis, or from a health incident like a stroke that paralyzes one side of the body.

Part of the rehab nurse's duties is to manage the patient's case. That involves charting, coordinating the team effort and informing and educating family members.

Please contact our law office if you have a disabled loved one who is not receiving proper care. We will be happy to schedule a free consultation for you. We work with Workers' Compensation cases where a disabling injury is sustained on the job; and with people severely injured in automobile accidents, motorcycle accidents and other types of accidents. Our office serves Flint, Saginaw, Traverse City, and Lansing in Michigan.

Understanding Workers’ Compensation

noreply@blogger.com (Erica) — Mon, 11 Jan 2010 23:03:00 +0000

In general, Worker' Comp is a type of insurance that provides benefits for people injured on the job. It requires that you give up your right to sue your employer for negligence. If you are hurt on the job, you must seek compensation only within the structure of your state's Workers' Comp program. Fault is not an issue - that is, you do not have to prove that your employer was negligent.

If you are severely injured and cannot work for a while, you can receive disability payments instead of wage or salary and you can receive reimbursement of your medical costs. If a person is killed while working, the family can receive benefits. So Workers' Comp has aspects of disability insurance, health insurance, and life insurance. However, you cannot receive any damages for pain and suffering, as you would in a negligence lawsuit; nor can you receive any punitive damages.

The first Workers' Comp laws were passed in Europe and Australia; then the U.S. followed suit. Each state runs its own Workers' Compensation program with its own specific rules. Michigan has a website for its Workers' Compensation Agency where you can read about benefit amounts, surveys, disputes, travel and mileage reimbursement rates, changes in hearings or forms, etc.

If you are injured on the job, you must fill out an Employee's Report of Claim form and give it to your employer, who must then fill out an Employer's Basic Report of Injury. You will receive a copy of it and if you notice any errors, you should point them out to whoever prepared the form. There may be a hearing. If any disputes arise between you and your employer, the Michigan agency can provide a mediator, and if there are any language difficulties, they can provide a translator and/or interpreter.

Please see our pages on Workers' Compensation Frequently Asked Questions and Employment Law for more details.

The whole Workers' Comp claim procedure is bureaucratic and involves correctly filling out paperwork. It can be a lot easier for you if you have one of our experienced Workers' Comp lawyers helping. If you would like to schedule a free consultation, please contact our law office today. If you are too injured to come to us, we can go to you.

FELA for Railroad Workers

noreply@blogger.com (Erica) — Wed, 30 Dec 2009 20:38:00 +0000

Are you a railroad worker who has been injured on the job?

If so, you probably already know that you have personal injury compensation rights under the U.S. law called the Federal Employers' Liability Act, or FELA.

Under the rules of FELA, railroad employees may be able to receive financial compensation for not only medical expenses, but loss of wages and future wages, loss of quality of life, partial and complete disability, and pain and suffering.

To ensure you are receiving all of the damages you are eligible for under FELA, it can be a good idea to consult with an experienced FELA lawyer right away.

Here are a few tips for choosing the right FELA lawyer for your needs:

It can be beneficial to find a FELA attorney who has significant FELA trial (not just settlement) experience.
Look for firms who have verifiable FELA and employment law success stories and substantial monetary settlements.
Ask questions about how long the firm has been handling FELA cases and what specific experience the attorneys on staff have with FELA and railroad law.

If you have been injured on the job and you work for a railroad company, the Michigan FELA attorneys at Jay Trucks & Associates, PC can help answer your questions with a no-cost initial FELA injury consultation. Please contact us today at 1-800-762-8623.

Common Job Injuries

noreply@blogger.com (Erica) — Wed, 23 Dec 2009 20:36:00 +0000

Chances are, you or someone you know has been injured on the job at some point.

Unfortunately, a job injury is an all-too-often occurrence, and perhaps even more unfortunate is the fact that these types of accidents are usually avoidable and the result of an employer or other third party's negligence.

Some of the most common types of serious job injuries reported are:

Traumatic brain injury
Back/spinal cord and neck injury
Broken bones
Soft tissue damage
Loss of limbs
Wrongful death

What to Do if You Are Injured at Work

Report your injury to your immediate supervisor and your union steward
Accept medical treatment as soon as possible
Get the contact information of any witnesses
Ask for copies of the injury report from your supervisor and union steward
Make copies of any workers' compensation forms you complete
If possible, take photographs using your cell phone of the injury site

It is important that you know all of your options regarding job injury compensation. For instances, you are likely eligible for Workers' Compensation benefits, but you may also be able to get additional compensation through a third-party claim or premises liability lawsuit.

For more information on job injuries, please contact Jay Trucks & Associates, PC's Michigan job injury attorneys at 1-800-762-8623.

What is FELA?

noreply@blogger.com (Erica) — Fri, 18 Dec 2009 20:34:00 +0000

If a railroad employee is injured on the job, his or her ongoing right to compensation is governed by a federal law called the Federal Employers' Liability Act, or FELA.

With FELA, railroad workers who suffer a personal injury can seek financial compensation for factors such as:

Medical costs
Rehabilitation expenses (physical, emotional, occupational)
Loss of wages
Loss of future income
Pain and suffering
Loss of quality of life
Partial and permanent disability

FELA, generally speaking, can often provide more opportunities for compensation than traditional Workers' Compensation benefits. However, to recover damages under FELA, it is necessary to prove some form of negligence on the part of the railroad company.

The original FELA law was passed in 1908 in response to the large amount of railroad worker deaths that were occurring.

The types of worker injuries that fall under FELA can range from catastrophic brain injuries caused by an employee-train collision to the unseen injuries from ongoing exposure to toxic solvents.

If you live in the Saginaw, Flint, Traverse City or Lansing areas, please contact the Michigan FELA attorneys with Jay Trucks & Associates, PC at 1-800-762-8623.

Traumatic Brain Injuries

noreply@blogger.com (Erica) — Mon, 14 Dec 2009 20:32:00 +0000

A traumatic brain injury, or TBI, can happen to anyone, anywhere. And unfortunately, TBI just happens to be one of the most severe types of personal injury.

It is estimated by medical authorities that more than 1 million U.S. citizens suffer with traumatic brain injuries every year. Each of those individuals with a TBI personal injury will likely suffer long-term effects, including not only physical challenges, but emotional and cognitive problems, as well.

How are Traumatic Brain Injuries defined?

A traumatic brain injury is an injury that is caused by an external blow to the head or a penetration of the skull, which ends in damage to the brain.

TBIs can be caused by automobile accidents, motorcycle accidents, truck accidents, workplace accidents, violence, medical errors and more. A victim of traumatic brain injury might lose consciousness at the time of the accident or the symptoms may not develop until several days or weeks after.

TBI symptoms can include (but are not limited to):

Headaches
Abnormal fatigue
Dizziness/balance problems
Eyesight problems
Memory loss
Seizures
Inability to concentrate
Irritability, anxiety, depression and other mood changes
Changes in hearing or sense of smell
Sleep disturbance
Cognitive changes

Do you need more information on traumatic brain injuries and potential compensation for a personal injury? Please get in touch with our Michigan traumatic brain injury lawyers at Jay Trucks & Associates, PC at 1-800-762-8623.

Truck Accidents due to Truck Driver Fatigue

noreply@blogger.com (Erica) — Wed, 09 Dec 2009 20:31:00 +0000

Did you know that one of the most common causes of large truck accidents (also called 18-wheeler or semi-truck accidents) is truck driver fatigue?

In fact, the Federal Motor Carrier Safety Administration has estimated that 20,000 people are injured annually in truck accidents because of trucker fatigue.

Let's face it, truck drivers work long hours behind the wheel and are often challenged to meet unrealistic, tight deadlines.

All of this is true despite rigorous federal trucking laws aimed at protecting truck drivers, and those of us who share the road with them, by limiting drive-time periods that occur without a sleep break.

If you or someone you love has been injured in a truck accident, you will need an experienced and highly skilled truck accident attorney to help you get the answers you need.

Details from the accident scene, the truck driver's official logs and more will need to be critically investigated by a dedicated team of legal professionals.

Residents of Flint, Lansing, Traverse City or any community in Michigan, please contact the truck accident lawyers at Jay Trucks & Associates, PC via this toll-free phone number: 1-800-762-8623.

noreply@blogger.com (Erica) — Thu, 03 Dec 2009 20:29:00 +0000

Dogs can truly be our "best friends." But when dogs become aggressive, they can cause serious personal injury to their victims.

Injuries from dog bites range from relatively simply scratches, bruises and scrapes to severe muscle/ligament tearing, broken bones, infection, puncture wounds and even the necessary amputation of a limb. Wrongful death can even be a result of a dog attack.

Dog bite injuries most often occur on the property of the dog owner, and that means the property owner can, in many cases, be held accountable for premises liability.

What to Do if You Are Injured by a Dog

Get medical attention as soon as possible.
Get the contact information of the dog's owner and any witnesses.
In addition, get the contact information of the owner of the property where the injury happened, if different than the dog's owner.
Ask the dog's owner for rabies vaccination documents.
File a report with the local police department.
Photograph your dog bite injuries and torn clothing.

Another important step is to contact an experienced dog bite injury lawyer, who can review your case and offer sound advice when you need it most.

If you or someone you love has been injured by a dog and you live in the Michigan communities of Flint, Saginaw, Traverse City or Lansing, please contact the Michigan dog bite lawyers at Jay Trucks & Associates, PC at 1-800-762-8623.

Automobile Accidents

noreply@blogger.com (Erica) — Fri, 27 Nov 2009 16:41:00 +0000

Car accidents occur very often on the roads today. In fact, most people will be involved in some type of automobile accident during some time in their diving career. If you have been in a car accident, you may be entitled to receive compensation. The laws governing car accidents differ from state to state, which is just one reason seeking advice from an attorney is crucial.

After you are involved in a car accident, an insurance adjustor representing the other drivers involved will most likely contact you and seek to get a statement from you over the phone. They may even make you an immediate offer in an effort to settle the case. What you must remember, however, is that you are in no way obligated to speak to any insurance adjustors. If you are not represented by counsel, simply refuse to talk to them, and if you are, refer them to your attorney.

Insurance companies will do everything in their power to deny you the compensation you deserve. If they do make you an initial offer, it is most likely much, much less than you are entitled to receive. Insurance companies are business, seeking to make a profit. The quicker they get rid of your case, the less money it costs them. Any offer they may make is in an effort to pay out as little money as possible to you.

The experienced car accident attorneys at Jay Trucks & Associates, PC can help you during this difficult time. Please contact our office to schedule a confidential, no-cost consultation. We have served residents in Flint, Saginaw, Traverse City, Lansing and surrounding areas of Michigan.

Workers’ Compensation

noreply@blogger.com (Erica) — Tue, 24 Nov 2009 16:40:00 +0000

Workplace injuries and developing illnesses that result from your work environment are an all-too-common occurrence. Being unable to work and provide for your family is a frightening experience, but the government does provide benefits for those who are unable to work as long as certain requirements are met.

To be perfectly honest, the Workers' Compensation system is a very complex system of paperwork, deadlines, documentation, doctors' statements, and it can be very difficult to understand exactly what you are to do to file for Workers' Compensation benefits. That is where the experienced attorneys at Jay Trucks & Associates come in. We have handled these cases for years and have helped hundreds of Michigan residents receive the benefits to which they are entitled following their injury or illness. We can help you, too.

There is no way we could possibly cover all that you need to know about benefits eligibility in this short blog, so we invite you to read our pages on Workers' Compensation and schedule a consultation with one of our attorneys. We also have a link to the Employees Report of Claim for you to examine.

If you are too injured to work, you have enough to deal with and plenty to worry about; please let us help you pursue the collection of Workers' Compensation benefits.

Please contact Jay Trucks & Associates, PC today to schedule a confidential, no-cost consultation. We serve residents in Saginaw, Flint, Traverse City, Lansing and surrounding areas of Michigan.

Michigan Dog Bites

noreply@blogger.com (Erica) — Wed, 18 Nov 2009 16:39:00 +0000

No one can possibly tell which dogs will attack and which will not. All dogs can bite once they are provoked—even the most mild mannered of dog and breeds. When if you know a friend's or neighbor's dog, you should follow some very important safety tips:

Always ask the owner's permission to pet the dog
Approach a dog slowly and quietly. No sudden movements
Allow the dog to sniff the back of your hand before trying to pet it
Do not touch a do while he is eating or sleeping
Be careful around a mother who has puppies as they are very protective of their litter
Do not stare a strange dog in the eyes
Never leave a baby or small child alone with a dog

Some general things you should explain to your children are:

Not all dogs that wag their tails are friendly
Never approach a stray dog
Do not tease a dog
Do not make loud noises around a dog
Don't reach for a dog through a fence
Keep your face away from dogs

If you live in Michigan and have suffered a dog bite, please contact the dog bite attorneys at Jay Trucks & Associates today to schedule a confidential consultation.

Workplace Injuries

noreply@blogger.com (Erica) — Mon, 16 Nov 2009 22:20:00 +0000

Workplace injuries and illnesses are troubling for employees and their families. Workplace accidents cause millions of on-the-job injuries and illnesses every year in the United States.

More than four out of ten injuries in the workplace were from sprains and strains involving falls and overexertion. Other common workplace injuries and illnesses are cancers from exposure to hazardous materials, musculoskeletal disorders, respiratory diseases and hearing loss. Asbestos-related diseases such as mesothelioma and asbestosis caused by exposure to asbestos fibers are also seen frequently. Trauma from work-related car and truck accidents and severe burns are responsible for many on-the-job catastrophic injuries.

You must report, in writing, any injury or exposure to a hazardous substance suffered during your workplace duties as soon as possible to your employer. Document your injuries and maintain a record of all medical fees and out-of-pocket expenses you incur due to the accident or exposure.

You may be entitled to financial compensation for your injuries suffered on-the-job. For many victims injured in the workplace there may be multiple sources for you to be financially compensated in addition to Workers' Compensation. Do not make any statements about your injury to anyone but your own legal advisor.

We encourage you to please contact the experienced workplace injury attorneys at Jay Trucks & Associates, PC, serving Clare, Flint, Saginaw, Traverse City and Lansing, Michigan to schedule a no cost to you confidential consultation to protect your legal rights and obtain the financial compensation you are entitled to.

Workers’ Rights

noreply@blogger.com (Erica) — Wed, 11 Nov 2009 22:19:00 +0000

The American worker has certain basic rights to a safe and healthy workplace and fair work conditions for all. In some cases these basic rights are being violated.

You are entitled to certain legal protections in the workplace including not being discriminated against because of your race, national origin, skin color, gender, religion, age or any disabilities or medical conditions. You have the right to fair pay, to be paid at least the minimum wage plus overtime for any hours worked over forty in one week or over eight hours in one day. You have the right to have an uninterrupted meal break for thirty minutes in an eight hour work period and two ten minute rest breaks every four hours worked.

It is important you know your rights so you know when your rights are being violated. There are steps to take if you feel your rights have been violated that should be taken without fear of retaliation or harassment. There are laws in place to protect you, and serious penalties for employers who violate your rights.

Please contact the experienced workers' rights attorneys at Jay Trucks & Associates, PC in Clare, Michigan today to schedule a confidential consultation at no cost to you to evaluate your case and determine if your rights were violated and what legal options are available to you.

DUI/OWI Laws and Punishment in Michigan

noreply@blogger.com (Erica) — Fri, 06 Nov 2009 22:18:00 +0000

If you refuse a breath, blood or urine test after an arrest for OWI (operating while impaired), OMVI (operating motor vehicle impaired) or another alcohol related charge in Michigan, your license may be suspended if you do not demand an administrative hearing within fourteen days of your arrest.

There are three distinct drunk driving offenses in the state of Michigan. The first is operating under the influence of intoxicating liquor, the second is driving with an unlawful bodily alcohol level and the third is operating while impaired.

A conviction or guilty plea for these offenses results in fines, jail time and community service time. Multiple offenses increase the punishments and a third offense becomes a felony punishable by one to five years in prison and a $5,000.00 fine. In addition, a convicted persons' license will be suspended or revoked for varying periods of time and their vehicle will be confiscated no matter who it belongs to.

An experienced attorney at Jay Trucks & Associates, PC, can make certain your case is reviewed for defects and defenses to protect your legal rights.

If you have questions and concerns regarding an alcohol related offense, please contact the law offices of Jay Trucks & Associates, PC in Clare, Michigan, serving Flint, Saginaw, Traverse City and Lansing, Michigan to schedule a confidential consultation so we can assist you in this matter.

Social Media Rights and Restrictions

noreply@blogger.com (Erica) — Thu, 22 Oct 2009 17:04:00 +0000

Social media sites allow you to keep in contact with friends, exchange information with classmates and co-workers around the world and even introduce yourself to large audiences or celebrities that were never accessible to you before.

Prior to creating a Facebook page, setting up a Twitter account, or broadcasting YouTube, you must have a good idea of what you want to accomplish and what the "rules" are.

Social media sites are meant to connect people to each other, but Internet imposters are using social media networking sites to bilk victims of thousands of dollars through diabolical scams. Recently the FBI issued a warning to consumers regarding these scams. Internet criminals have hijacked accounts on social networking sites and spread malicious software as well through a variety of techniques.

You should never send money to anyone using Western Union unless you do not care where your money will wind up. Do not trust your e-mail even if it comes from someone you know. Unexpected offers, greeting cards or solicitations should be treated with total skepticism. Do not click until you call to verify the source.

As more and more people hop on the social media bandwagon, the number of victims of Internet crimes will surely increase. Putting yourself "out there" will allow more people access to your personal and financial information. To protect yourself from identity theft and other Internet crimes, please learn about the rights and responsibilities that accompany these social media web sites. Don’t tweet before you know what tweeting is all about.

If you have been a victim of a social media scam, please contact the attorneys at Jay Trucks & Associates, PC in Clare, Michigan to learn what you can do to protect your legal rights.

What is a Contingency Fee?

noreply@blogger.com (Erica) — Fri, 16 Oct 2009 17:02:00 +0000

A contingency fee refers to a fee that is payable to an attorney only when the result is favorable to the client. Certain attorneys are willing to work on a "contingency fee basis," which means no legal fees are payable unless and until there is a successful resolution to your case. The attorney is then entitled to a certain previously agreed upon percentage of the financial compensation you receive. No legal fee is owed in the event of an unsuccessful result.

For example, a contingency fee agreement allows those who have been injured as a result of an automobile accident or medical malpractice to obtain legal representation when they do not have the resources to hire an attorney at the beginning of a lawsuit.

The most common cases handled on a contingency fee basis are accident and personal injury lawsuits. When you suffer an injury due to the negligence or actions of someone else, you are entitled to financial compensation for the damages and losses you have suffered. A contingency fee agreement makes it possible for you to obtain quality legal representation no matter what your financial status may be.

The law firm chosen to represent you on a contingency fee basis must have the experience and financial resources to pursue your claim to a successful outcome.

Please contact the law offices of Jay Trucks & Associates, PC of Clare, Michigan serving Flint, Saginaw, Traverse City and Lansing, Michigan to schedule a confidential initial consultation to discuss and evaluate your case.

Settling vs. Going to Trial

noreply@blogger.com (Erica) — Tue, 13 Oct 2009 17:01:00 +0000

A study of civil claims finds most plaintiffs who go to trial instead of agreeing to a settlement, often receive less money than was offered in the settlement. The study further reveals the plaintiff who went to trial did not fare as well as if they had settled in over 61% of the cases.

There are many reasons why someone may refuse to settle a lawsuit. One very common reason is they do not really comprehend the consequences of a loss at trial and for others they just cannot let go of the emotion to not give up the fight no matter what the outcome may be. In some cases the fees and costs of going to trial may be higher than the amount of the award if they do win.

Emotions should not be part of your decision to settle or go to trial. Make certain you are aware of all fees and costs associated with your decision to go to trial and be sure to communicate with your attorney often and openly about your willingness or unwillingness to consider a settlement offer.

By contacting the experienced, dedicated and compassionate attorneys at Jay Trucks & Associates, PC serving Flint, Saginaw, Traverse City, Clare and Lansing, Michigan today, you will be assured of receiving the best legal representation and advice available to address your problem.

Civil vs. Criminal Cases

noreply@blogger.com (Erica) — Fri, 09 Oct 2009 17:00:00 +0000

Civil and criminal cases both involve disputes about the responsibilities and rights of individuals, but the possibility of losing one's freedom or life is what distinguishes criminal penalties from civil penalties. The defendant in a civil case is never imprisoned or executed but is made to reimburse the plaintiff for losses the defendant is responsible for. The notion of guilt or innocence applies only to a criminal case where the defendant can be ordered to pay a fine or be sentenced to probation, jail time, prison or execution.

Since the penalties in a criminal case are more severe than in a civil case, criminal defendants have more rights and protections under the law than civil defendants.

In a civil case an individual or entity files a lawsuit, and becomes the plaintiff with the burden of proof on the plaintiff in most instances. In a criminal case the litigation is filed by the government who is referred to as the prosecution. The burden of proof is always on the state having to prove the defendant guilty as the defendant is always presumed innocent in a criminal case.

The degree of proof required in most civil cases is said to be a "preponderance of evidence", while in a criminal case the degree of proof required is said to be "beyond a reasonable doubt". The attorneys at Jay Trucks & Associates, PC are available to advise you and offer the best legal representation possible for your problems.

To learn about your legal rights, please contact the law offices of Jay Trucks & Associates, PC in Clare, Michigan to schedule a no cost to you confidential consultation with an experienced attorney.

Workplace Discrimination

noreply@blogger.com (Erica) — Tue, 06 Oct 2009 16:59:00 +0000

Discrimination in the workplace based on race, color, religion, age, gender or disability is prohibited by federal and state anti-discrimination laws. Still, millions of people nationwide face these kinds of discriminatory practices every day and are cheated out of wages, denied basic healthcare coverage and are victims of racial profiling.

Discrimination is defined as treating a person in a different way because of their age, race, gender, religion, disabilities or national origin. Many cases of workplace discrimination go unreported, but there are strict federal laws in place to protect workers from discrimination in the workplace and severe penalties for employers who practice it or allow it.

Anyone can find themselves the victim of discrimination in the workplace. An older employee may be passed over for a promotion to provide an opportunity for a younger person with less experience or an individual with a chronic illness or medical condition may be judged as unable to perform their duties due to their condition.

There are legal remedies if you feel you have been discriminated against in the workplace. Many people hesitate to file a complaint of discrimination for fear of retaliation or harassment. If you feel you face retaliation for coming forward about discrimination in the workplace, the dedicated and compassionate attorneys at Jay Trucks & Associates, PC can help you.

Please contact the experienced workplace discrimination attorneys at Jay Trucks & Associates, PC, serving Clare, Flint, Saginaw, Traverse City and Lansing, Michigan.

Wage, Hour and Overtime Issues

noreply@blogger.com (Erica) — Fri, 02 Oct 2009 16:56:00 +0000

Wage, hour and overtime violations are committed daily by employers nationwide who are either unfamiliar with or do not respect Fair Labor Standards Act (FLSA) regulations.

Wage, hour and overtime issues are complex, but the law puts the burden on employers to make sure their workers are fully compensated under the law. The most common violations include failure to pay overtime, denial of meal or rest breaks, minimum wage violations and delayed payment of compensation.

Some employees are exempt from receiving overtime pay, such as certain administrative, executive or professional employees, but some employers deliberately misclassify an employee as exempt from overtime pay to deny them their entitled compensation.

With very few exemptions workers are entitled to the current minimum wage, an uninterrupted, unpaid meal break of thirty minutes during an eight hour work-period and two uninterrupted, paid, ten minute rest breaks for every four hours worked. Thousands of workers have been affected by lost wages due to unpaid overtime, unpaid meal breaks and being forced to work "off the clock". Jay Trucks & Associates, PC are experienced attorneys in wage, hour and overtime violation law who can assert your legal rights and provide you with a remedy for your situation.

If you believe your employer has violated wage, hour or overtime laws, please contact the law offices of Jay Trucks & Associates, PC serving Flint, Clare, Saginaw, Traverse City and Lansing, Michigan today.

Importance of Estate Planning for Nursing Home Residents

noreply@blogger.com (Erica) — Wed, 30 Sep 2009 19:24:00 +0000

In addition to the difficult decision to place your loved one in a nursing home is the importance of making sure other aspects of their care are in order. This includes estate planning, will, and power of attorney. By ensuring these areas are clear, you can protect your relative from potential nursing home abuse.

Estate Planning

Estate planning are the plans your family member makes in the event he or she ever becomes too ill to inform you of their wishes or dies. Financial decisions, medical treatment, durable power of attorney, and wills and trusts are all part of estate planning. These documents will make clear what your relative wants prior to entering a nursing home with regard to person and property.

While you may have some knowledge about what your family member wants prior to entering a nursing home, documents that state those wishes explicitly will help in specific circumstances. These documents are called advance directives. For situations that are unexpected, it is best that durable power of attorney is granted by your relative. This allows the attorney to make decisions regarding treatment in the event of worsening health or other emergencies.

Financial Decisions

Financial abuse and exploitation is one of the sad hallmarks of the broad umbrella of nursing home abuse. By having a written will before entering a nursing home, property is protected with a trust. This is especially important if your loved one can no longer manage his or her finances, and protects them from nursing home employees who may try to gain access. By simply having a trust, your relative may become less of a target for financial exploitation.

If you would like to speak to an attorney about estate planning or have a relative who has become the victim of nursing home abuse in the Flint, Lansing, or Saginaw, Michigan area, please contact the attorneys at Jay Trucks & Associates, P.C. today.

Slip & Fall

noreply@blogger.com (Erica) — Mon, 28 Sep 2009 18:01:00 +0000

Individual home owners, land owners, and commercial businesses all have a responsibility to keep the public safe. For example, if you own a home, you are responsible for making sure your sidewalk is shoveled in the winter. Premises liability is a term used to describe the laws that hold business owners and homeowners accountable for the safety of their property.

If you are a homeowner and someone is hurt while on your property, you can be held accountable. One important fact to know is that it is not necessary for you to have invited that person onto your property in order for you to be held accountable for his or her injury. It must be shown that the homeowner knew about the condition and failed to fix it, or that the problem had existed for so long, the homeowner reasonably should have known about it and failed to fix it.

If you were on someone else's property and were injured, you can hold either the homeowner or business owner responsible, and you may be entitled to receive damages covering your lost wages, medical bills, and numerous other expenses.

Premises liability laws are not as easy and straightforward as they sound, and each and every case is different and unique. The first thing you should do, however, even if you are unsure whether or not you have a case, is to contact an attorney.

If you live in Flint, Saginaw, Lansing or Traverse City, Michigan, and have been injured on someone else's property, or if someone has been injured on your property, please contact the experienced premises liability attorneys at Jay Trucks & Associates, PC today to schedule your initial consultation.

The Popularity of Motorcycles

noreply@blogger.com (Erica) — Fri, 25 Sep 2009 17:59:00 +0000

There have always been motorcycles on the road. Biker men and women were in a league of their own, always riding in large groups, all wearing black leather. The vision we have of bikers is changing more and more drastically these days, however.

With the skyrocketing gas prices, and the struggling economy, more and more people are finding riding on two wheels as opposed to four much more enticing. Motorcycles are no longer for the "biker" men and women, but even for the family man, or the soccer mom. Motorcycles can get anywhere from 50 - 75 miles per gallon, as opposed to the average 30 miles per gallon that vehicles get. When you're paying $4 per gallon, the savings sure do add up.

It is important to do your research on this topic, however, before you go out and get that new motorcycle. There are numerous other expenses that people often forget to consider. One, insurance. It costs far more to insure a motorcycle than it does a sedan. Also, maintenance. Car tires last far longer than motorcycle tires, and you're going to end up replacing your motorcycle's tires about three times more often than you would your car's. Not to mention the safety gear you're going to have to buy. And don't forget the safety factor. Cars are much, much safer than motorcycles.

Although the difference in initial sticker price and gas may be very enticing, you might be better off buying a small sedan.

If live in Flint, Saginaw, Lansing or Traverse City, Michigan and have been involved in a motorcycle accident, please contact the experienced attorneys at Jay Trucks & Associates, PC today.