Everything You Need To Know About Fit-for-Duty Test

Posted by on Aug 9, 2016 in Workplace | 0 comments

In most instances, one of the major causes of workplace injuries is letting the wrong employee do a certain job. The employee tasked to perform a certain job is either physically not ready or totally unable to perform essential job functions. This is where a fit-for-duty test can come in handy. These tests can protect an employee from injury and you from paying workers’ compensation claim.

A fit-for-duty test can be administered as part of a functional employment testing. It may include the following examinations:

  • Return to work. This is administered if you are unsure that an employee who has been out for a while is ready to resume their work after an injury despite getting medical clearance.
  • Job Performance. You can give this test to an employee if you think that they cannot perform an essential function of the job or that they are not at par with the standards of other employees
  • Post-offer Physical Examination. Also called as physical abilities testing or pre-placement exams, it may include comprehensive questionnaires, musculoskeletal assessment, drug screen, and medical surveillance.

Fit-for-duty exams can also be interchanged with functional capacity evaluations (FCE). Administering such exams is a legal right of employers. While the Americans with Disabilities Act prohibit discrimination when hiring a disabled worker, the same disability cannot prevent them from doing an essential function of the job. A prospective employee who is in a wheelchair can be hired if he or she can perform say a desk job. The Americans with Disabilities Act sets two conditions for fit-for-duty tests:

  • Can the prospective employee perform the essential functions?
  • Does the worker have a medical condition that can directly threaten the safety and health of the worker or other employees?

These conditions can help decide whether a comebacking employee is indeed ready to work. The goal of fit-for-duty test is to check whether an employee can meet the physical demands of a position.

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Loneliness and the Elderly

Posted by on Apr 3, 2016 in Elderly Care | 0 comments

In this modern world wherein communication with other people can be done with an easy click of the mouse, brush of the keys, or the mere pushing of a button, studies have shown that societies in this day and age experience bouts of loneliness more so than people from the past. This includes seniors, especially seniors in seclusion.

Elderly citizens who usually feel the brunt of loneliness are those who live alone, regardless of whether they have children or grandchildren, or they have none. This is because a young person can afford to live alone, what with modern technology occupying his time and his youth making him available to activities of the body. For the old person, activities which require muscle strength are a thing of the past; what they most need during these times is someone they can talk to and someone who can spend time with them.

This is what Meals on Wheels, a program that seeks to provide food for people – usually the elderly – who cannot purchase or prepare their own food, aims to give the elderly.

Alexandria, Virginia-based Meals on Wheels Association of America chief executive offcier Ellie Hollaner said a third of the organization’s funding comes from the federal government while the other two-thirds come from state governments and local and national charities. The program aims to keep poor senior citizens from having to pay expensive bills for expensive nursing homes and similar facilities.

According to SeniorAdvice.com, many elderly citizens are poor and suffer from malnourishment and sickness, with most of them having barely enough money to spend for food, rent, medicine, or even clothes. This is because a lot of them were not able to save enough money during their youth – either because of unfortunate circumstances in life or the very inability to gain proper employment in the first place.

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How to Find a Personal Injury Attorney

Posted by on Nov 2, 2015 in Personal Inury | 0 comments

Have you suffered a personal injury? Do you not know what happens next? If you have answered yes to both queries, you’ve got reached the correct article! There certainly are things that are plenty of you must know about choosing the right attorney, comprehending the courtroom process and ways to prove everything. This informative article might help tackle these problems and more!

Ensure you employ an attorney that focuses on personal injury litigation. There are attorneys around who practice a few forms of law, but it is in your best interest to find one who practices just this form of law. Your chances of succeeding will increase since your attorney will understand precisely what he’s doing.

When choosing a personal injury lawyer, make sure that you will be going for a regulation office which includes an entire section focused on the injury. Meanwhile, it is not unusual for law offices to pursue several different types of instances, you should select legal counsel who is well-versed in your niche.

Get a detailed police report regarding a harm you receive, for potential research in court. Not simply will the information collected by the regulators be hardly incredible, it can help win your situation and prove that you had been wrongfully injured. Failure to gather evidence that is credible signifies your state could be viewed as hearsay, and that won’t earn you something!

Do everything you can to stay with personal injury lawyers that are local. Most of the time, local solicitors tend to be that may result in you being more satisfied and more liable to you. In addition, you will not have to make long distance calls, you can have faster communication, and you may fulfill with them easier.

Ideally, this short article has helped you understand a few of the matters involved with the process of reaching a personal injury resolution. By all means, it is not the article out there that is only real to aid you. Click here to learn more to fully understand what to do after a personal injury.

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Electronic Stability Control System: A Necessary SUV Device

Posted by on Jul 19, 2015 in Automobile Accidents | 0 comments

It was only in the 1990s when the number of injuries and deaths suddenly increased due to rollover accidents that the government looked into this type of road tragedy with deep concern. Coincidentally, this decade also witnessed an increase in the production of passenger vans and the introduction of SUVs, vehicles that were more spacious and which looked tougher than cars . . . but which were also the ones most prone to rollovers.

Any type of vehicle, which has a great tendency to oversteer (that is turn a bit farther or more sharply than intended, especially when managing a turn) or understeer (turn less sharply that intended), can rollover. However, those that have a taller design, a narrow track width (the distance between the left and right wheels), and a high ground clearance (or a center of gravity that is higher from the ground), such as passenger vans, pickups and SUVs, are much more susceptible to rollover than other automobiles due to their features that greatly reduce their stability and steering capacity. The risk of these vehicles tipping over also increases as weight of passengers and cargo is added to the vehicles.

Every year, more than 280,000 rollover accidents, which result to over 10,000 deaths and 24,000 serious injuries, are reported to the US Department of Transportation’s National Highway Traffic Safety Administration (NHTSA). Rollover is actually listed as the second most common cause of death and grave injuries where road accident is the issue; head-on collision tops the list.

According to the NHTSA there are two factors that have consistently emerged in 75% of all fatal rollover crashes: vehicle speed above 55mph and an alcohol-intoxicated driver. Driving while drunk is already totally dangerous; doing it at fast speeds is nothing short of suicidal.

A speeding car, more so an SUV, can easily slide sideways after cornering too sharply. When this happens, it can possibly skid off the road and its tires trip on a curb, dig into soft or muddy soil, or hit a guardrail, resulting to a rollover. In another instance, it could be due to failure to remain upright while driving down a steep slope.

While drunk-driving, speeding, driver distraction, reckless driving, etc., can cause an SUV (or any other vehicle) to rollover, the NHTSA and car manufacturers see the real problem being this vehicle’s inability to remain stable. Though fixes and, worse, recalls were made, these seemed to have only resulted to: first, unsolved problems; and, second, millions of dollars in cost besides their (manufacturers’) blemished name.

In 1995 three giant car manufacturers, Mercedes-Benz, BMW and Toyota introduced what is now known as the Electronic Stability Control (ESC) system. ESC, otherwise referred to as dynamic stability control (DSC) or electronic stability program (ESP), is a computerized technological safety device designed to improve vehicle stability through detection and reduction of skidding or loss of traction. It actually consists of sensors that are able to sense loss of vehicle control. When loss of control occurs, ESC automatically applies brakes on each wheel to allow the driver to regain control of the vehicle and put it back on track. ESC also helps maintain vehicle stability during abrupt turns, eliminates any likelihood of oversteering and understeering, and improves traction and vehicle control on road shoulders, gravel patches and slippery or icy roads.

But while the ESC may be able to help reduce possibilities of rollover accidents, negligence, resulting to a defective ESC device or vehicle design, a side collision because the driver of the other vehicle that hit you was drunk or distracted, or too much road debris or unmaintained road, will not.

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Types of Drug Charges

Posted by on Jun 24, 2015 in Criminal Laws | 0 comments

When we think of crime involving drugs, many of us simply think of possession of the illegal substance. However, there are variations of drug charges. Possession laws vary from state-to-state and convictions can also vary based on the kinds of drugs found on a person. Possession charges can also change based on if a person is convicted of simple possession or possession with intent to distribute. Often, small amounts of illegal substances found on a person fall under the category of simple possession while large amounts fall under the intent to sell category. A person can be convicted of possession if the drug was found in a place where they had common access to, such as in the person’s house, even if the illicit substance was not directly on the person at the time of arrest.

This, however, is not the only kind of drug charge that a person can be convicted of. A person can be convicted of “drug dealing” which usually refers to the sale of a smaller amount a drugs by one person. The punishment, again, varies by state and the amount that the person is found with. A more severe but similar drug charge is trafficking. This includes the selling, transport, or import of illegal drugs. Trafficking is a more serious offense than just intending to sell the drugs. You can be convicted of trafficking even if you did not complete the process of delivery but were determined to have the intent to do so.

Manufacturing is a drug charge in which the person convicted is accused of being involved in the process of making the illicit drug. This type of charge is most often related to the growing of marijuana or meth labs. You can also be convicted if you possess certain materials to make drugs, such as common cold medicines, with pharmacy highly monitoring the sale of these precursors.

The convictions for these drug crimes can be severe and it is often necessary to contact a criminal defense lawyer if you have been accused of any of these crimes. To learn more about the penalties for drug charges and steps you can take if you are facing these charges, click here.

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Penalties by offense for DUI/OUI

Posted by on Mar 19, 2015 in Criminal Laws | 0 comments

Wisconsin’s punishments for driving under the influence (DUI)/operating under the influence (OUI) increase as offenses are repeated. Penalties can include jail time, fines, license suspension, and requirement for an ignition interlock device. The legal drinking limit in Wisconsin is .08. If violated, a range of punishments, with increasing severity, are outlined for the 1st through 6th offense.

For a first offense for a DUI or OUI, the fine is $150-$300, and the defendant’s license is suspended for six to nine months. On the second offense, if convicted with a DUI/OUI, punishments include 5 days to 6 months of prison, fines from $300-$1,100, license suspension for a year to a year and a half, and the car must be equipped with an ignition interlock device.

Third and fourth offenses are similar in severity, except for the minimum jail time. For the third offense, the possibility for jail time is 30 days to one year. The fourth offense, however, constitutes 60 days to one year of jail. Each offense is furthermore punishable by $600-$2,000 of fines, 2-3 year license suspension, and an ignition interlock device.

Lastly, fifth and sixth offenses have the same repercussions. Jail time is anywhere from 6 months to 6 years, fines can range from $600-$10,000, driver’s license is suspended for 2-3 years, and an ignition interlock device is required.

There are many unfavorable affects that a DUI/OUI offense can have on one’s life. The website of Wisconsin criminal defense attorneys Kohler Hart Powell, SC says that after receiving a DUI/OUI, the severity of a punishment can be reduced if proper steps are taken. A qualified lawyer can be of great help in such cases.

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Why it is Important to Have a Living Will

Posted by on Feb 11, 2015 in Family & Law | 0 comments

There are many reasons why everyone should have a living will, and not just for those who are advanced in years. Accidents and sudden illness can happen to anyone at any time, and loved ones and relatives are left to make life and death decisions for an individual who is unable to communicate their wishes regarding their physical disposition.

A living will is the written statement by an individual who wants to retain control of their health decisions even if they become incapacitated. It is a legal document that may also be referred to as an advance directive, a physician’s directive, or health care directive. Essentially, it lays down the wishes of the testator regarding health and medical treatment decisions.

For example, if Tony is involved in an accident that leaves him in a comatose state, he can only be kept alive using machines. Most relatives would be reluctant to “pull the plug” even if the doctor says there is very little chance that Tony will survive without the machines. He has a living will that states he does not want to be put on a respirator. In such cases, the relatives have little choice but to follow his wishes.

A living will eliminates the emotional turmoil that survivors feel when making medical treatment decisions for an incapacitated loved one. The testator can make a living will with the assistance of a physician and a living will lawyer. As pointed out on the website of Peck Ritchey, LLC, you will want a lawyer who specializes in these types of documents, because it requires divulging very personal information. These professionals can guide the testator on the appropriate terms for a living will, and the appropriate person to designate with health care power of attorney. This is the power to make health care decisions for you in cases where the living will does not have a specific directive.

A living will may seem macabre, but it is as important as having life insurance. It eliminates a lot of uncertainties and eases the burden for those you leave behind.

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Filing for a Defective Tires Case

Posted by on Jan 3, 2015 in Automobile Accidents, Dangerous Products | 0 comments

One of the leading causes of fatalities in America is related to vehicular accidents. An alarming percentage of these accidents are due to defective tires. Whatever your form of private transport – tires remain an imperative part, no matter what.

Your tires maintain constant exposure to the actual, proper road and a defective tire could be the cause of an accident that, at the very least, would be costly in a financial way or could cost lives. A manufacturer could broadcast a years old tire as new and that alone could mean some devastating results. According to the website of Pohl & Berk, many people are made to withstand extreme consequence due to defective tire-caused vehicular accidents. If you have found yourself in a situation where you have been severely inconvenienced due to a defective tire, you are liable to pursue legal assistance.

A lot of the cases that involve defective tires are because the malfunction caused a car accident that now requires an unprecedented cost for repairs from the victim. Sometimes, accidents of this nature involve additional medical expenses and cost for insurance. There is nothing to be done to reverse the damage done after any vehicular accident occurs but hold the one responsible accountable for their actions.

Manufacturers and retailers have a responsibility towards their consumers to provide only the very best in their products in order to assure mass satisfaction and, more importantly, safety for their customers. Should anything wrong occur as a lack of preparation or care, then they need to pay the victim the financial compensation that the complainant deserves. If the proper standard is not met due to negligence or malicious intent, you are warranted to file a formal complaint of defective tires against the guilty party.

Should you be in this most unfortunate situation, it is advisable for you to seek the best legal option available to you immediately.

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Criminal Defense – Expunction

Posted by on Oct 8, 2014 in Criminal Laws | 1 comment

Expunction or expungement of a criminal record is the legal process of concealing certain past crimes to help a person get on with his/her life, taking away the shadow of a past criminal offense that continues to negatively affect everything he/she does.

The effects of a criminal conviction extend beyond the courtroom, influencing the decision of certain individuals in matters involving a person who has been convicted in the past. The decision on whether to employ or not employ a former criminal, to lease or not lease to him/her an apartment, or to allow him/her to travel or not are some of these. As if to further disadvantage him/her, decisions regarding a divorce case, child custody, visitation rights (and other divorce-related issues), as well as on active participation in civic activities, and so forth, are affected by past crimes.

To give those who have been convicted in the past a chance to live a more meaningful life by helping them enjoy all the wonderful opportunities in life again, the US Congress made a proposal to amend the Federal Criminal Code. The proposal, known as the Second Chance Act, was aimed at allowing the expungement of criminal records (but only for non-violent crimes) and giving formerly convicted individuals to say “No” to questions regarding past crimes during job interviews or inquiries by landlords.

The many hardships and, often, discriminatory treatment are experienced by convicted individuals. It is due to this unjust treatment and painful experiences why many convicts seek the assistance of a competent Dallas criminal lawyer to have their past criminal record expunged. They cannot be discriminated against for their pasts if no one knows what that time in their lives held for them.

Not all states, however, recognize expungement, while those that recognize it vary in some of the types of criminal record that they allow to be expunged. One specific (and major) difference is the position of some states to allow the expungement or expunction only of non-violent crimes; others, however, allow concealment of all types of criminal records.

Expungement is a lengthy and complicated procedure and the result of an application and legal process are mainly due to a lawyer’s capability and expertise in handling the case. It is absolutely necessary, therefore, to choose only a lawyer who can represent his/her client well.

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Talcum Powder Dangers

Posted by on Oct 6, 2014 in Dangerous Products | 0 comments

To treat diaper rash and minor irritations on infants’ bottoms, nannies, nurses, and mothers usually use a silky white powder that is developed from talc (or magnesium silicate), a naturally-occurring mineral made up of magnesium, oxygen and silicon. Besides the very popular Johnson’s Baby Powder, which contains talcum powder, talc is also used as a component in foot powders, medicated powders, facial powders, perfumed powders, blush products, deodorant powders, sanitary & incontinence pads and many others. In fact, talcum powder has been a fixture in majority of American nurseries and bathrooms due to its soothing substance and the absence of warning to the public about its possible dangerous effect, especially to babies and women.

In 1971 a warning was issued regarding the development of ovarian cancer in women, who were more frequent users of talcum powder (studies have shown that many women sprinkled talcum powder on sanitary pads and undergarments and used it to dust private parts; diaphragms and condoms were also sprinkled or coated with it).

Ovarian cancer claims the lives of almost 16,000 women in the U.S. every year, making it the fourth deadliest type of cancer in women. According to the website of Williams Kherkher, despite the warnings and studies from medical experts and private organizations (like the Cancer Prevention Coalition, the New York Center for Constitutional Rights, and the International Association for Humanitarian Medicine), though, the US Food and Drug Administration remains unmindful, taking no action – not even the inclusion of the dangers of talc or talcum powder on product labels.

The FDA’s silence remained even after the first baby powder-related ovarian cancer lawsuit was won by the plaintiff in 2013. Presently, class-action filings have been made, especially against Johnson & Johnson, by women who used the giant firm’s product for many years.

A talcum powder lawsuit will not erase or take away any of the victims’ sufferings, but it can provide the compensation that may help the victim receive and afford the costly medical treatment caused by the use of the product.

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