Jay Trucks and Associates Legal Blog

Defective Tires

noreply@blogger.com (Erica) — Fri, 03 Jul 2009 15:02:00 +0000

In the early part of this decade, giant tire manufacturers Firestone and Bridgestone, recalled over 15 million tires due to defects that cause tread separation, tire blowouts, rim or tire explosions, and other unexplained failures. Before they were recalled, and since, these defective tires have been responsible for untold numbers of tire blowouts and car accidents resulting in thousands of injuries and in some cases, fatal injuries. Other

And now, some US importers are recalling tire valve stems made in China because of defect as well. One Florida driver's death is being blamed on faulty valve stems. The National Highway Traffic Safety Administration (NHTSA) began an investigation last summer and early reports say it seems that these defective valves are prone to cracking prematurely.

If you or a loved has been involved in an auto accident that you suspect resulted from a defective tire, please contact the Michigan auto accident attorneys at Jay Trucks & Associates today for a free consultation. There are statutes of limitations and deadlines of when you must file a claim in order to qualify for a settlement.

Saginaw Product Liability

noreply@blogger.com (Erica) — Mon, 29 Jun 2009 19:15:00 +0000

Everyone can relate to the disappointment you feel when a purchased product doesn't work the way it's supposed to or breaks before it's even been used. In severe cases of defective products, the results can be injurious to you or a loved one. And when this happens, it's not a simple matter of returning the defective item to the store for a refund. It can mean unexpected medical bills, long recovery periods or even the interruption of the ability to work and provide for your family. In some cases it can even mean death.

According to the Michigan Product Liability Act, all claims must prove that there was some sort of defect in the product. In addition to proving the item is defective, the injured person must prove that the defect caused injury or damage and that an actual injury was sustained.

Product liability law can be complicated and if you suspect you have a claim, you need to hire an experienced attorney to help. If you live in Saginaw, or anywhere in Michigan, the Saginaw product liability attorneys at Jay Trucks & Associates are here for you.

Employment Law

noreply@blogger.com (Erica) — Tue, 23 Jun 2009 19:14:00 +0000

Employment law covers a wide gamut of topics from injuries occurring at work, sexual harassment, wrongful termination and discrimination (whether racial, age or sexual in nature).

At Jay Trucks & Associates, we are know all about Michigan employment law and its many facets. If you or someone you know has questions about the following, we can help:

I was injured at work but not sure if my situation warrants a workers compensation claim.
If I do qualify for workers compensation benefits - how do I file a claim or repeal a denied claim?
I recently had a job interview and feel I was passed over for the position because of my religious beliefs - do I have any recourse?
My employer tells racial and sexual jokes in the office - is this considered harassment under Michigan or federal law?
I was recently laid off, as were several others in my office who are close to retirement - I want to know more about age discrimination law. Can you help?

As shown here, there are many components of employment law, each with its own set of regulations and subtleties. Trying to decipher these laws on your own can be quite complicated and confusing.

If you have a question about employment law and what your rights are, please contact the experienced attorneys at the law firm of Jay Trucks & Associates. We'll be your advocate and help you figure out if you've been wronged in any way.

Bargaining Down Medical Bills

noreply@blogger.com (Erica) — Wed, 17 Jun 2009 19:12:00 +0000

No one can deny that the economy is tough right now. Unemployment is at a 20-year high and more people than ever don't have access to affordable healthcare insurance, either through an employer or privately. With or without a job and/or insurance, the cost of medical care is through the roof. One of the most common reasons for filing bankruptcy is because of medical bills.

So what can you do to help control the cost of medical care in your home? Here are a few suggestions to consider:

If you have medical bills that are beyond what you can pay right now, call the provider and ask them to work with you on a payment plan. Most everyone would rather have a portion of what's owed every month, than no payments for a long time or no payment at all.
Negotiate the costs up front. If you have a procedure looming and the cost seems too high, call the surgery center or hospital and see what they can do for you. Most institutions have several levels of costs depending on the insurance provider or method of payment. Offer cash and you may get a substantial discount.

If you've been injured in an accident or at work and your medical bills are piling up, please contact personal injury attorneys at Jay Trucks & Associates for your free consultation today.

Exams of Injured Workers

noreply@blogger.com (Erica) — Fri, 12 Jun 2009 19:10:00 +0000

If you are injured in an accident while at work, there's a very good chance that your medical bills and some form of lost wages will be paid under Workers' Compensation benefits. In Michigan, in general, all employers are required to carry Workers' Compensation insurance for their employees. There are a few exceptions to this rule that can be explained by your Workers' Compensation attorney at Jay Trucks & Associates.

Injuries on the job should be reported as soon as possible to get the ball rolling on Workers' Compensation benefits to the employee. Part of this process includes examination from a doctor to document and give an opinion on your injuries and your recovery. It's important for you to express all of your symptoms and pains to the doctor at the time of your exam. It's also good to know that in Michigan, the employer has the right, at least initially, to choose the doctor that you see.

If you've been injured at work and have questions about your workers' compensation rights, please contact the experienced workers' compensation attorneys at Jay Trucks & Associates. We'll review your case, let you know what your rights are, and help you get the benefits you deserve.

State Farm Hit with Civil RICO Claim

noreply@blogger.com (Erica) — Tue, 09 Jun 2009 19:10:00 +0000

State Farm has recently been hit with a Civil RICO (Racketeer Influenced Corrupt Organization Act) suit resulting from claims that their independent medical examiners, or IMEs, are anything but independent. IMEs are routinely used by insurance companies to provide an unbiased opinion on an injured person’s state of being and whether (and which) medical treatments are necessary for their recovery.

It seems that State Farm was influencing their IMEs to report that certain treatments were not medically necessary and therefore not subject to coverage under their policies. The IME companies contracted by State Farm were allegedly told that unless the reports were written and files the way State Farm instructed, then State Farm would no longer need their services and would look elsewhere for other IME companies to contract with. It has also been reported that Allstate has had a similar suit filed against them.

If you or a loved one has been injured and been wrongly denied medical treatment by your insurance company in Michigan, please contact the personal injury attorneys at Jay Trucks & Associates today. We offer a free consultation to discuss your potential case and can offer you information on your legal rights.

Rights of the Disabled

noreply@blogger.com (Erica) — Wed, 03 Jun 2009 19:08:00 +0000

When the 1990 Americans with Disabilities Act (ADA) was conceived, it estimated that at that time over 43 million Americans were living with disabilities and often with discrimination. The writers acknowledged that while laws were already in place to prohibit discrimination for reasons of race, color, sex, age, national origin and religion, there was nothing to protect disabled Americans.

The text of the ADA prohibits discrimination against the disabled in many areas like employment, government, public accommodations, housing, voting, transportation and telecommunications. Its purpose was to give national guidelines for federal, state and local governments to follow in making the above categories reasonably accessible to all Americans. The guidelines apply to making public areas likes restrooms, shops and restaurants accessible as well as providing reasonable accommodation at places of employment.

If you are disabled and feel you have been the victim of discrimination because of your disability, please contact the disability discrimination attorneys at Jay Trucks & Associates. We are intimately familiar with the rules and regulations of the ADA and fight every day for the rights of our disabled clients. Schedule a free initial consultation with us today and we'll review your case together. Remember, if we don’t win a recovery for you, you don't owe us anything.

Age Discrimination on the Job

noreply@blogger.com (Erica) — Thu, 28 May 2009 16:44:00 +0000

In this hurting and sluggish economy, record numbers of age discrimination claims are being filed as older workers have their positions eliminated, are being laid off or otherwise losing their jobs. Companies know that older, experienced workers command high salaries, larger pensions, and higher costs to some of their benefits and it can increase the bottom line if those employees are no longer part of the company. Sounds pretty sinister, doesn't it?

Fortunately for Americans over the age of 40, the 1967 Age Discrimination in Employment Act exists for their protection. This civil rights act protects employees 40 and older from discrimination in hiring practices, promotions, terminations and compensation. The EEOC enforces these laws and takes complaints concerning age discrimination violations.

If you've recently lost your job and feel you have a valid age discrimination complaint, please contact the age discrimination attorneys at the law firm of Jay Trucks & Associates, conveniently servicing Lansing, Saginaw, Flint and Traverse City. We can help you file your complaint or repeal a claim that has already been denied. We also offer free initial consultations and case reviews. We've helped thousands of clients just like you and are committed to being an advocate for the people.

COBRA Payments Mandated by Stimulus Bill

noreply@blogger.com (Erica) — Fri, 22 May 2009 16:42:00 +0000

For good or ill, employer-provided health insurance is the core of the United States' health care system. What terrifies many people as much or more than losing their income is losing their health insurance, especially if they or a family member have what would be considered a "pre-existing condition" when seeking new insurance. To prevent the dramatic consequences of this, provisions were put in the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985 to mandate that some group health plans offer coverage to members who no longer belong to the group, such as employees who lose their job, for up to 18 months.

However, for many people COBRA coverage can be prohibitively expensive. With unemployment soaring and the potential rolls of uninsured swelling, provisions were added to the American Recovery and Reinvestment Act (ARRA) signed into law by President Obama on February 17 to make COBRA coverage more affordable. The ARRA amendments to COBRA mandate that your employer pay the majority (65%) of your COBRA premiums. Your former employer will be compensated for its share of the COBRA payment. It is allowed two months to comply with the new guidelines, although by the third month, the employer must pay 65% of all three months' premiums.

In addition, the ARRA allows people who were dropped from their coverage between September 1, 2008 and February 17, 2009 but did not seek COBRA coverage because it was too expensive, to acquire it now at the subsidized rate.

Your employer and insurance company are required to give you notice about your rights for COBRA coverage under the ARRA.

If you have lost your job, it is important to know your right to reduced premiums under the new COBRA guidelines. And if your former employer is refusing to pay their share, talk to a lawyer who is dedicating to protecting the rights of working men and women. Schedule a COBRA insurance premiums consultation with the workingman's lawyers at Jay Trucks & Associates, PC.

Michigan Workers’ Compensation

noreply@blogger.com (Erica) — Mon, 18 May 2009 16:40:00 +0000

Workers' Compensation laws exist to protect and provide benefits to employees who are injured while on the job or have job-related injuries or illnesses. It is a state-regulated insurance program and every state establishes and enforces it own code of law regarding workers compensation. In Michigan, you can file a claim for workers' compensation to recover medical expenses, a percentage of lost wages while out of work and even death and burial costs.

In general, every employer is required by law to carry Workers' Compensation insurance although there are a very few exceptions to the law. In Michigan, those not require to participate in the state's workers' compensation insurance plan are:

Employees of the federal government
Employees on interstate railroads
Seamen on navigable waters
People loading and unloading vessels (covered by the Longshoremen's and Harbor Workers' Compensation Act)
People who are self-employed (although they must carry workers' compensation insurance for their employees, if any)

Because there are very specific timeframes for filing workers' compensation claims, it's important that you get the facts and get them quickly. If you have been injured at work and want to know more about your rights, please contact the workers' compensation lawyers at Jay Trucks & Associates. We’ll offer free consultations and if we don't recover funds for you, you won't owe us anything.

Discriminating against people with disabilities

noreply@blogger.com (Erica) — Wed, 13 May 2009 16:38:00 +0000

There are approximately 10 million people in Michigan and of those, there are 1.9 million citizens with disabilities - that's almost 20% of our total population. It's important that we recognize the rights of the disabled and make available opportunities to them that are available to the rest of the population. According to the 1990 Americans with Disabilities Act a person has a disability if he:

Has a physical or mental impairment that substantially limits one or more major life activities
Has a record or history of such an impairment
Is perceived or regarded as having such an impairment.

The ADA also provides guidelines for housing, transportation, employment, health and public accessibilities for those who are disabled. It is unlawful to discriminate in any of these areas because someone is disabled. If a disabled and abled person apply for the same job and have roughly the same qualifications, an employer does not have to choose the disabled employee. However he cannot deny the job to the disabled person because of the disability itself.

If you live in the Flint, Michigan area and want more information about the legalities of discrimination against disabled people, please contact the Americans with Disabilities Act attorneys at Jay Trucks & Associates. If you’ve been wronged and falsely discriminated against, we will help make it right. We will help you file your claims or help you repeal a claim that has previously been denied.

Wrongful Termination

noreply@blogger.com (Erica) — Fri, 08 May 2009 16:37:00 +0000

In the state of Michigan, employees are considered “at will”, meaning that employers can terminate employees for any reason at any time as long as it isn’t illegal. That said, there are exclusions that do constitute wrongful termination of an employee.

Your employer cannot discriminate against you or terminate your employment because of:

Age
Race
Sex
Religion
National origin
Disability
Pregnancy

And furthermore, none of these factors can be considered when your employer determines promotions, assignments or wages. It is also illegal for your employer to terminate because you: refuse to break the law, file a discrimination claim or take a leave of absence for FMLA (Family Medical Leave Act). To terminate they must follow the companies stated policies and procedures and act according to the terms in your contract, if you have one.

If you live in Saginaw or in the surrounding area and suspect you are the victim of wrongful termination, please contact the wrongful termination lawyers at Jay Trucks & Associates. We offer free consultations and case reviews. If you have an eligible case, we can help you file the necessary claims or repeal the denial of a claim if needed.

Sex Discrimination on the Job

noreply@blogger.com (Erica) — Mon, 04 May 2009 16:35:00 +0000

According to Title VII of the Civil Rights Act of 1964 (Title VII), no employer is permitted to discriminate against an employee because race, color, religion, sex or national origin. This definition includes sexual discrimination in the workplace. Sexual discrimination can include sexual harassment or pregnancy-based discrimination.

The Equal Employment Opportunity Commission (EEOC) is responsible for overseeing and enforcing these discrimination laws in the United States. There is a statute of limitations for filing a complaint to the EEOC of 180 days from the date of the alleged violation, although that deadline can be extended to 300 days under certain circumstances. In addition, a formal complaint must be filed with the EEOC before a lawsuit can be filed. The complaint can be filed by a third party should the person affected wish to remain anonymous. Discrimination can come in many forms ranging from the loss of a job, not being hired for a particular job even if you were the most qualified candidate, being denied promotions, being in a hostile work environment and the list goes on and on.

If you or someone you know is a victim of sexual discrimination in the workplace, you need to know what your rights are and what recourse you may have against the employer. For a free consultation and sexual discrimination case review, please contact the discrimination attorneys at Jay Trucks & Associates in Flint, Michigan and other surrounding areas.

Surgical Medical Malpractice

noreply@blogger.com (Erica) — Tue, 28 Apr 2009 17:33:00 +0000

We've all seen those terrible news reports on TV or on the Internet about a patient who had the wrong limb removed during surgery or materials like clamps and sponges left inside after the surgery. Unfortunately, these aren't urban legends or made up stories meant to scare you. These incidents do happen, although rarely, all across the U.S. today.

Whether you need emergency surgery or have a surgery scheduled for a routine procedure or even if you choose to have cosmetic surgery, you put trust in the surgeon and his staff that will be taking care of you. You expect the highest level of detail and standards to be followed. Too often, careless mistakes are made that cause permanent damage and even death. It is estimated that over 225,000 people die each year due to medical negligence. Only complications from heart disease and cancer cause more deaths annually in the U.S.

A few of the categories that are included under surgical malpractice are:

Wrong site surgery
Anesthesia errors
Post-surgical infections

If you live in the Flint or the surrounding areas and you or someone you love has experienced the devastating effects of surgical medical malpractice, please contact the malpractice lawyers at Jay Trucks & Associates today. They are advocates for those who have been injured and need help understanding their rights.

Medical Malpractice

noreply@blogger.com (Erica) — Fri, 24 Apr 2009 17:32:00 +0000

Medical malpractice encompasses many areas but can be basically defined as the treatment or lack of treatment for a patient outside the accepted standard of medical care by a medical professional. The Institute of Medicine has found that between 44,000 and 98,000 deaths that occur in hospitals each year are the results of preventable errors.

Some of the most common areas of medical malpractice include:

• Misdiagnosis
• Surgical errors
• Prescription errors
• Preventable infections
• Birth injuries
• Emergency room errors
• Nursing home neglect or abuse
• Dental malpractice
• Sexual misconduct from doctor to patient

Claims paid out for medical malpractice can include damages for pain and suffering, payments of medical expenses as well as past, present and future financial losses from the inability to work and provide for yourself or your family.

If you suspect you or a loved one has been the victim of medical malpractice, it’s important that you contact an attorney for advice on what the statues of limitations may be for your case, how to file a claim or how to deal with a claim that has been denied. Please contact the medical malpractice lawyers at Jay Trucks & Associates in Flint, Michigan for help. We are experienced malpractice attorneys who will get you the help and the recourse you deserve for medical mistakes.

Motorcycle Injuries

noreply@blogger.com (Erica) — Fri, 17 Apr 2009 17:31:00 +0000

For some, there is nothing like the freedom of the open road, the wind in your face with nothing but your motorcycle between you and the pavement. There are also few things more terrifying than seeing an accident coming and not being able to do anything about it. One of the most common causes of motorcycle accidents is the failure of other motorists to see motorcycles in traffic.

Motorcyclists, while enjoying certain freedoms, are many more times likely to sustain injuries from accidents than are those driving cars, minivans or SUVs. Because they lack the safety of the vehicle enclosure and the protection of seat belts, motorcyclists’ accident injuries can be much more severe and devastating. For those same reasons, cyclists are also more susceptible to injury from road conditions and inclement weather.

If you or a loved one have been injured in a motorcycle accident or you have lost a loved one, please contact the motorcycle accident and injury attorneys at Jay Trucks & Associates in Michigan. Our attorneys cover Flint, Saginaw, Traverse City and Lansing and we’re here to help and be an advocate for you. Call us for a free consultation about your case and remember, if we don’t get a recovery for you, there’s no fee due to us.

About Unemployment Benefits in Michigan

noreply@blogger.com (Erica) — Tue, 14 Apr 2009 20:14:00 +0000

Here is a great article about unemployment benefits in Michigan from the South Bend Tribune.

/Michigan_Rules_Jobless_Benefits.pdf

If you need legal representation, call or email us today to schedule a free consultation.

Motorcycle Accidents

noreply@blogger.com (Erica) — Fri, 10 Apr 2009 17:29:00 +0000

In 2006, nearly 5,000 deaths occurred in motorcycle accidents – many of them avoidable situations. The predominant cause of multi-vehicle accidents involving a motorcycle is due to the failure of the person driving the car or SUV to see the motorcyclist in traffic. In cases such as these, the motorcyclist has less than two seconds to take action to avoid the collision. Not a lot of time.

In addition, the likelihood of the cyclist sustaining injuries is very high – in 98% of multi-vehicle wrecks involving a motorcycle, the driver is injured. For single vehicle wrecks, the cyclist in 96% of the cases is also injured. And as we see from the statistic above, many of those injuries result in fatalities.

If you drive a motorcycle and have been injured in an accident that wasn’t your fault or lost a loved one in a motorcycle accident, please contact the Michigan motorcycle accident attorneys at Jay Trucks & Associates. We are experienced in all aspects of motorcycle accidents and injuries and we want to fight for your rights. We offer free consultations and if there’s no recovery for you, there’s no fee for us.

Defective Seatbelts

noreply@blogger.com (Erica) — Mon, 06 Apr 2009 17:26:00 +0000

Every morning when we get in our cars to go to work or maybe just to Starbucks for a favorite coffee drink, we do so with the expectation that our vehicle, including our seatbelts, is functional and safe. We make assumptions that the car’s design and materials have gone through many layers of testing to ensure that the product is as safe as it can be for our families and ourselves.

The National Highway Traffic Safety Administration (NHTSA) estimates that there were 2.9 million injuries in 2002 due to seat belt defects, malfunctions or poor design. The defects can include:

Door-mounted seatbelt systems and other automatic systems
Unlatching and false latching of the seatbelt
Inadequate seat belt geometry
Failure of the seatbelt's retractor
Torn or ripped webbing
Vehicle system failure

Seat belts are inherently designed to minimize injury during an accident by preventing the body from moving too much inside the vehicle or being thrown from the vehicle after impact.

If you or a loved one has been seriously injured in an automobile accident due to seat belt failure in Flint, Saginaw or anywhere in Michigan, please contact the Michigan personal injury attorneys at Jay Trucks & Associates for help. We offer free consultations and you don’t pay a dime unless we recover a settlement for you.

What to Do After an Auto Accident

noreply@blogger.com (Erica) — Fri, 03 Apr 2009 16:17:00 +0000

Auto accidents can be very traumatic events. It is easy to get flustered to the point where you are no longer thinking quickly and alertly. Therefore, it is helpful to keep a checklist handy to make sure that you remember what to do after an accident. Proper action at the time of the incident can greatly affect your ability to recover compensation for your damages.

The following tips will help ensure that you are fully prepared in the event of an accident:

• Keep an emergency kit in your glove compartment. It is important to always carry the following items with you at all times:
o cell phone
o pen and paper
o disposable camera to photograph the scene
o a card containing any important information about your medical history
o a list of emergency contact numbers
• Exchange information with the other driver. Make sure to get the following information from each driver involved in the accident:
o name
o address
o phone number
o insurance information (name of provider, policy number, phone number)
o driver’s license number
o license plate number
o description of the year, make and model of the car
• Photograph and document the accident. Take photos of the accident scene and damage to all vehicles involved with your disposable camera. The purpose of these photos is to provide additional information to prove your case to an insurance adjustor or in a personal injury lawsuit. Also, document the details of the accident – where it occurred, what happened, and what part of your car was hit. If there were any witnesses, record their contact information. You may need them to verify your version of what happened.
• File an accident report. Call the police immediately so that they can file a police report at the scene of your accident. This is especially important if the accident was caused by another driver. A police report documenting that the accident was the fault of another driver will greatly strengthen your case with insurance companies and in the event of a lawsuit. Never admit fault when talking with other parties in the accident, police officers, or insurance agents, even if you believe that you caused the accident.
• Call your insurance provider. The sooner you file your claim, the sooner you can receive compensation for repairs and medical expenses.
• Seek medical attention if you are injured. It is important to be examined by a doctor immediately if you have suffered any injuries. This will provide documentation to be used in your lawsuit.
• Consult an experienced auto accident attorney. In order to ensure that you receive the proper compensation for your damages, it is important to talk with an auto accident attorney who will know how to deal with insurance companies, and who can advise you on whether or not you have a valid auto accident lawsuit.

The attorneys at Jay Trucks & Associates have been helping auto accident victims receive compensation for their injuries throughout the Lansing, Michigan area. Please contact our Michigan auto accident attorneys today to schedule a consultation.

Types of Disabilities

noreply@blogger.com (Erica) — Tue, 31 Mar 2009 18:40:00 +0000

According to the Americans with Disabilities Act (ADA), a person is considered to have a disability if he:

• Has a physical or mental impairment that substantially limits one or more major life activities
• Has a record of this impairment
• Is regarded as having this impairment

Due to the broadness of this definition, there are many possibilities for impairments that can qualify as a disability. Furthermore, any one particular disability may vary in the degree to which it impacts the lives of different individuals living with it. Therefore, it is difficult to come up with a completely exhaustive list of disabilities.

The following list covers many of the common disabilities affecting Americans today:

• AIDS (Acquired Immune Deficiency Syndrome) – AIDS is the most serious stage of the HIV disease and is marked by severe immune system problems
• Blindness/Visual Impairment – Blindness indicates a complete loss of vision, while visual impairment refers to a partial loss of vision
• Chemical Sensitivity – An adverse reaction to commonly used chemicals such as cleaning supplies or perfumes
• Congenital Disability – A physical impairment acquired at birth
• Deaf/Hard of Hearing – Deaf indicates a complete loss of hearing, while hard of hearing describes a partial loss of hearing
• Developmental Disability – A permanent mental or physical impairment developing before a person’s 22nd birthday that may limit self-care, language aptitude, independent living, motor functions, or economic well-being
• Epilepsy – A disorder characterized by central nervous system issues which typically lead to seizures
• Learning Disability – An impairment affecting spoken or written language centers in the brain
• Mental Illness – A psychiatric condition typically caused by a chemical imbalance in the brain
• Mental Retardation/Cognitive Disability – An impairment in cognitive abilities characterized by below average mental functioning
• Motor Disability – A condition caused by central nervous system damage (i.e. multiple sclerosis, muscular dystrophy, Lou Gehrig’s disease)
• Paralysis/Spinal Cord Injury – Partial loss of functioning to a particular region of your body (paraplegia affects your legs, quadriplegia affects your arms and legs)
• Speech Impairment – Problems in speech patterns (i.e. stuttering, lisp, slurring)

The ADA prohibits employers from discriminating against individuals in the workplace on the basis of a disability. If you feel that you have been unfairly discriminated against due to your disability, it is important to consult with an experienced employment law attorney to find out if you are eligible to receive compensation for your damages.

The attorneys at Jay Trucks & Associates have defended the rights of discrimination victims across Michigan. Please contact our Lansing, Michigan employment law attorneys today to schedule a consultation.

Americans with Disabilities Act

noreply@blogger.com (Erica) — Wed, 25 Mar 2009 18:39:00 +0000

The Americans with Disabilities Act (ADA) prevents employers from discriminating against qualified employees based on their disability. The ADA offers protection for the following work-related areas:

• Hiring
• Firing
• Advancement
• Compensation
• Job training
• Conditions of employment

The ADA applies to employers with at least 15 employees. State and local government employers, employment agencies, and labor organizations must abide by these laws as well.

According to the ADA, a person is considered to have a disability if he or she has a physical or mental impairment that limits the ability to perform one or more major life activities. A person with a disability is considered a qualified applicant or employee if he or she can perform the essential job duties with or without reasonable accommodation. The following are considered reasonable accommodations:

• Making existing facilities more easily accessible to employees with disabilities
• Job restructuring or modifying work schedules
• Obtaining equipment, devices, or training materials
• Providing qualified readers or interpreters

An accommodation is not considered reasonable if it causes an “undue hardship” on the employer’s business. Any action causing difficulty or resulting in excessive costs for the employer will be considered an undue hardship. Furthermore, an employer is not required to lower standards to make an accommodation for a person with a disability.

If you believe that your employer has discriminated against you based on your disability, you may be entitled to receive compensation for your damages. It is important to consult an experienced employment law attorney to ensure that your rights are properly represented.

The attorneys at Jay Trucks & Associates can help you recover damages from an employer who has discriminated against you based on your disability. Please contact our Flint, Michigan employment law attorneys today to schedule a consultation.

Workplace Discrimination

noreply@blogger.com (Erica) — Fri, 20 Mar 2009 18:38:00 +0000

When an employee is treated unfairly based on his or her race, gender, religion, sexual orientation, nationality, or disability, an act of workplace discrimination has occurred. The federal government has passed laws prohibiting workplace discrimination. In particular, it is illegal for employers to discriminate in the following work-related areas:

• Recruiting
• Hiring
• Job evaluations
• Promotion policies
• Training
• Compensation
• Disciplinary action

It is important to understand that unequal treatment of employees is not necessarily an indication that discrimination has occurred. Differential treatment based on job performance would not be cause for a discrimination lawsuit. According to Equal Employment Opportunity (EEO) laws, unequal treatment is only considered discrimination when the treatment is based on the presence of one of the above-mentioned characteristics.

Discrimination cases are very subjective and may be difficult to prove. Therefore, it is important to hire an experienced employment law attorney if you feel you have been discriminated against at work.

If you have been the victim of workplace discrimination, you may be entitled to seek the following forms of compensation:

• Back pay
• Restoration of your job (if you were fired, demoted, or reassigned)
• A court order to stop the discrimination
• Compensation for pain and suffering

If you have suffered discrimination at the workplace, the attorneys at Jay Trucks & Associates can help you receive the compensation you deserve. Please contact our Michigan employment law specialists today to schedule a consultation.

Daylight Savings Time and Auto Accidents

noreply@blogger.com (Erica) — Tue, 17 Mar 2009 18:41:00 +0000

Over the years, several studies have been conducted monitoring the incidence of auto accidents immediately following turning the clocks ahead for daylight savings time. In general, there is a 17% increase in auto accidents on the Monday directly following daylight savings time.

This dramatic increase in auto accidents is most likely caused by sleep deprivation. It takes many people upwards of a week to recover from losing an hour of sleep for daylight savings time. While this phenomenon may be understandable, it is certainly alarming.

The easiest way to avoid becoming part of this statistic is to stay off the road immediately following the time change. However, for most Americans, this is just not an option. If you must drive right after daylight savings time, pay extra attention for sleep deprived, erratic drivers on the road.

If you have been involved in an auto accident caused by the negligence of another driver, the attorneys at Jay Trucks & Associates can help you receive compensation for your injuries and property damage. We have the experience and resources to handle the insurance companies, and we are prepared to fight in court to secure your settlement if necessary.

Please contact our experienced Flint, Michigan auto accident attorneys today to schedule a consultation.

New Study Finds Evidence of Greater Failure in Defibrillator Leads

noreply@blogger.com (Erica) — Fri, 13 Mar 2009 18:35:00 +0000

A new study published by two heart surgeons working at the Minneapolis Heart Institute and the Mayo Clinic has found evidence of a greater failure rate in Medtronic’s Sprint Fidelis defibrillator leads than the company had previously acknowledged.

More than 235,000 Sprint Fidelis leads were installed in patients before Medtronic recalled the defective product in 2007. The leads were prone to fracturing, which led to some patients receiving needless shocks at inappropriate times, while other patients failed to receive a necessary shock to save their lives.

According to Medtronic, the Sprint Fidelis lead still worked in 95% of patients three years after it was installed. However, this new Mayo Clinic study, which evaluated over 3,000 patients, indicates that only 88% of patients had properly functioning leads three years after installation.

Of the 3,000 patients evaluated in this study, 848 had received Sprint Fidelis leads. The annual failure rate for patients with Sprint Fidelis leads was 3.75%, while patients with other defibrillator leads only experienced a 0.6% failure rate.

Patients who have received a Sprint Fidelis lead face a difficult dilemma, since the surgery to remove the lead is extremely risky and may result in death. If you have a Sprint Fidelis lead connected to your defibrillator, you should consult your heart surgeon at once to find out if you need to have the lead replaced.

If you or a loved one has suffered an injury or a wrongful death as a result of a defective Medtronic Sprint Fidelis lead, the product liability attorneys at Jay Trucks & Associates can help you receive the compensation you deserve. Please contact our Flint, Michigan defective product lawyers today to schedule a consultation.