Workers Compensation Attorney

Whether you trip on a broken stair at work and break your wrist, or develop an illness due to being exposed to hazardous chemicals, both types of conditions may be covered by workers compensation benefits. The majority of employers have workers compensation insurance, for instances when an employee gets hurt or comes down with an illness due to the workplace. In order to receive workers benefits, you must be an employee who was accidentally injured while performing a job task, while traveling for the company or during a work-sponsored event.

As an employee, it is important that you know as much as possible about your rights and whether your employer even has this program set in place. Please read on further to find out more about workers compensation benefits.

Do I have to report every injury or illness?

Always report to your supervisor or manager when you suffer a work injury or illness. Do not wait until your condition has worsened to report what happened. When informing your boss about the incident, you may have to fill out an incident report and get medical treatment if needed.

Where will I go to get medical treatment?

If your injury is considered an emergency, an ambulance may just take you to the nearest emergency hospital. But in a non-emergency situation, your employer may have you be seen by a pre-assigned doctor. If you go somewhere outside of where your employer tells you to go, your medical care may not be covered.

What if I want to see my own doctor?

Depending on the laws for your state, you may have to been seen by the work-assigned doctor before getting a second opinion with your own physician. If your personal doctor vastly disagrees with the other doctor’s diagnosis and treatment plan for your condition, you may want to talk with an attorney. In some cases, the work-assigned doctor may be biased to save your company money through minimizing your condition.

Do I need to tell the hospital staff anything when I arrive?

When you check in for your doctor’s appointment, tell them that your injury or illness happened at work. This is so your medical bills will be sent to your employer or the workers compensation company instead, and not you.

What is something to keep in mind during my doctor’s appointment?

Remember that your medical record should include all of your current symptoms. Confirm with the work-assigned doctor that every ache or discomfort you feel was added to the documentation. If an injured body part was not listed during your exam, it may not be covered.

What if my claim was approved but I received less than I need?

If you did not get the coverage required to treat your injury or illness sufficiently, you may want to talk with your employer or even meet with a Lake Worth work injury compensation lawyer about your options. Do not forget, your employer may seem to be on your side, but they may also be pressured to save the company money at all costs.

Thank you to our friends and contributors at the Law Offices of Franks, Koenig and Neuwelt for their insight into workers’ compensation benefits.

Criminal Lawyer

The Constitution is the highest law of the land in the United States. And the Eighth Amendment to the Constitution prohibits cruel and unusual punishment. But unfortunately, just as the First Amendment’s guarantee of free speech has not eliminated infringements upon free speech, the Eighth Amendment’s prohibition has not led to an elimination of cruel and unusual punishment.

The concept of what is cruel and unusual evolves over time and is somewhat limited to whatever criteria courts within a particular jurisdiction have determined fits that description. As a result, it may be helpful for individuals with questions about this subject to consult with an experienced criminal defense attorney in their area. These professionals are generally excellent resources and will be able to advise individuals in regards to their questions, whether they be broad and theoretical or pertaining to the treatment of a specific individual currently in custody.

In modern times, cruel and unusual punishments often occur in the form of unacceptable conditions of incarceration. For example, denying incarcerated persons access to necessary medical treatment and enough security to keep them reasonably safe may be considered an Eighth Amendment violation. In many situations, which behaviors and conditions are and are not considered cruel and unusual depends upon the context of the situation in question. For example, serious overcrowding, conditions so hot and humid that they become potentially fatal, denying inmates access to necessary medication and failing to protect high-risk prisoners from others likely to do them harm may fall into the category of cruel and unusual punishment, depending on specific circumstances.

Confinement and Excessive Force

Two of the most common claims brought in regards to the protections outlined in the Eighth Amendment are those related to unacceptable conditions related to incarceration and excessive force. In general, claims related to confinement must adequately demonstrate that a facility and/or its agents demonstrated “deliberate indifference” with regards to an individual’s constitutional rights.

In regards to excessive force, claims must generally demonstrate that force was not exercised in good faith, was at least in-part grounded in malicious or sadistic intent and was not part of a reasonable effort to restore discipline. These standards may be difficult to prove, but they have certainly been met in previous cases brought before American courts.

Legal Guidance Is Available

Simply because the Constitution outlaws cruel and usual punishment doesn’t mean that such infractions never occur. Thankfully, because such punishments are explicitly outlawed at the highest levels of governmental regulation on record, individuals who have suffered cruel and unusual punishments are often able to seek legal redress related to their situation. If you or a loved one has suffered as a result of cruel and unusual punishment or conditions while incarcerated, please consider speaking with an experienced criminal defense attorney Fairfax, VA relies on. Once a lawyer is familiar with the details of your situation, he or she will be best positioned to advise you of your legal options and to help ensure that you receive access to the support you need at this time.

Thank you to our friends and contributors at Dave Albo – Attorney for their insight into criminal defense.

Criminal Lawyer

The Arrest Process

During an arrest, law enforcement must follow certain protocol during and after taking a suspect into custody.

Procedures may vary slightly from one jurisdiction to another, but most arrest processes involve some standard language and information gathering. If the arrest does not hold to these standards, it could lead to some evidence being thrown out in court.

Skilled criminal defense attorneys know what to look for during the arrest process. Before an arrest, charges may already be filed against you. When this happens, a judge will issue a warrant for your arrest.

An officer will then attempt to locate you and arrest you, or ‘book’ you as it’s sometimes referred to. When you are brought into custody, if the police want to ask you any questions, then you must be read the Miranda Warning:

•   You have the right to remain silent.
•   Anything you say can and will be used against you in a court of law.
•   You have the right to an attorney.
•   If you cannot afford an attorney, one will be provided for you.
•   Do you understand the rights I have just read to you?

The arresting officer will transport you to the police station for procedural requirements including taking your fingerprints, photos and attempting to question you. You do not have to answer questions until your attorney is present with you.

After Being Booked

Your case will land on the desk of the appropriate prosecutor’s office, where an independent decision is made whether charges should be filed. The prosecutor can change the crimes you’re being charged with if more evidence has been gathered. This process is usually done within 48 to 72 hours.

You will then appear with your lawyer for your arraignment. If you were not read the charges during your arrest, this must be the first time you’re hearing them.

The judge will ask if you plead guilty or not guilty. You may also have the opportunity to post bail and get out of jail while you await trial. Bail is like paying a deposit to the courts to ensure that you will make your future court appearances. If you make the appearances, you’ll get your money back.

Working with a Trusted Attorney

A skilled lawyer understands how the charges against you are disrupting the lives of you and your family. An attorney is there to advocate for you and negotiate the best possible outcome.

The attorneys at our firm have represented clients in criminal cases of:

• Drug charges
• Sex crimes
• DUI/DWI
• Theft and fraud
• Violent crimes, including assault and battery
• White collar crimes, including embezzlement
• Weapons charges

The criminal justice system was not designed in a way for defendants to represent themselves. If you are facing criminal charges, you need an attorney you can trust to stand up and protect your rights. Call a criminal lawyer Baltimore, MD trusts today to discuss the details of your case.

Thank you to our friends and contributors at Greenberg Law Offices for their insight into arrests and criminal charges.

Drunk Driving Lawyer

If you were recently charged with a DUI, you are likely under a great deal of stress. You’re worried about the possibility of going to jail and how a DUI may affect your future. A DUI charge can also negatively impact your family. DWI lawyer Fairfax, VA residents rely on have seen countless families spiral down after a family member gets arrested for a DUI.

Here are some of the different ways a DUI charge can affect your family life:

Financial Burden

Fighting a DUI charge can get extremely expensive. Between the court costs, lawyer fees and higher insurance premiums, you can easily spend thousands of dollars. If someone got injured because of your drunk driving, you can expect to pay even more money. All of these extra costs can be really hard on your family’s finances. After paying all the legal fees, your family may struggle to pay the mortgage, utilities, food and other necessities. Some of your family members may even be forced to get second jobs to make ends meet. Working all those extra hours to pay the bills can become stressful and cause your family members to feel resentment toward you.

Loss of Trust

If you were charged with a DUI, some of your family members may lost trust in you. They may believe you showed incredibly poor judgment getting behind the wheel while intoxicated and putting everyone’s lives in danger. Your family members might worry that you will continue to make poor choices and not trust you with certain things. This can cause a lot of turmoil in the family.

Embarrassment

If you were arrested for a DUI, it may be announced in the local papers. If you live in a small town, people you and your family know may easily find out about the arrest. This can result in a lot of embarrassment for your family members. Others may ask your family about your DUI charge and they may be very embarrassed to talk about it.

Driver’s License Suspension

The judge may likely choose to suspend your driver’s license after a DUI charge. This means that you won’t be able to drive yourself to work and other important places. Instead, you will have to rely on your family members to drive you to the places you have to go. This can severely interrupt their daily schedules and make their life more difficult. Your family members may become frustrated if they have to drive you everywhere, putting a strain on your relationships with them.

If you were arrested for a DUI, it’s time for you to consult with a criminal lawyer as soon as possible. A DUI can negatively impact your life and it’s important to have someone with knowledge and experience on your side. A skilled criminal lawyer can build you a strong defense and improve your chances of a favorable outcome. Criminal lawyers have defended many other individuals in similar situations and are ready to assist you.

Thank you to our friends and contributors at Dave Albo – Attorney for their knowledge about DUI charges and criminal defense.

If you are using workers compensation benefits due to a workplace injury, do not think twice about hiring a moving company if you need to move your possessions. The alternative is to do it yourself but you have much at stake. If you move something large or heavy the following might result:

• You could be hurt further. Or, in trying to protect the area of your body that is injured, you could injure yourself somewhere else.
• You could be observed by someone familiar with your injury who could report you to the workers compensation board. For example, if they were to submit video of you carrying a large box, and yet you’re receiving benefits from a back injury, you could be accused of having faked your injury. Even if the box was nearly empty and did not weigh much, it might not appear that way and the argument could be that you should not have carried any size or weight box.

The Risk of Losing Your Workers Compensation Benefits

If you lose your workers compensation benefits because you were caught moving items that you weren’t supposed to be able to move, there might be several repercussions. Depending on the circumstances, the following scenarios could result:

• You might not receive any additional funds in lieu of your wages, and you might have to pay back what you were already paid.
• You might lose your workers compensation medical treatment benefits. This could result in you having to pay out of pocket for treatment and medications related to your injury.
• You could be forced to return immediately to work, but if your injury makes this impossible, you might have to use your vacation time or take an unpaid leave of absence.
• You could face the loss of your job because of your perceived unethical actions of having faked a work injury.

A Moving Company Can Move Your Items a Few Feet or Many Miles

Whether you’re moving across town, across the apartment complex, or you would like to do some rearranging in your home, call us for a free quote. We’re happy to do the heavy lifting for you. In addition, our moving crew is also trained to provide a variety of cleaning services. While you’re recovering from your injury, you may not be able to do much in the way of bending, reaching, or twisting. We can move your items and then clean up the dust and debris left behind. We can also clean your new home in advance of our movers delivering your items. We can alleviate your physical as well as emotional stress of moving and cleaning.

Call a Moving Company Today

If you’re suffering from a workplace injury, don’t take chances moving your possessions on your own. You could risk further injuring yourself as well as losing your workers compensation benefits. Speak with Washington, DC movers who can tell you more about how they can move your items across town or inside your home.

Thank you to our friends and contributors at Suburban Solutions for their insight into moving while on workers compensation.

The legal firm of Rispoli & Borneo, P.C. has successfully represented many workers compensatioin cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.

Driving under the influence and while impaired by alcohol or other drugs can affect your life in so many ways, as a DUI lawyer Towson, MD trusts knows all too well.  From potential incarceration, to supervised and intense probation, to suspension or revocation of your license, DUIs can affect your life for years to come.  Here is a general overview of DUI law in Maryland. It is important that you contact an experienced DUI attorney right after you have been charged. There are things you should be doing right away to help your chances of success, and some issues are extremely time sensitive.

Underage DUI

In order to try and end underage drunk driving, all fifty states have enacted a zero-tolerance law that applies to drivers who are not yet 21. If someone were to receive an underage DUI, there can be legal ramifications as well as there can be lasting effects on their education in the future. If you or your loved one has been charged with an underage DUI, you should consider working with an experienced DUI attorney. The legal limit varies by state but it is usually between .01% and .03%. The severity of the charge depends on the state because some states view a zero-tolerance violation as an infraction while others view it as a misdemeanor crime.

These charges are taken very seriously and it is important to have someone on your side to help fight for a lesser charge.

DUI Laws for those Over 21

Standard DUI: In every state, someone operating a motor vehicle, regardless of their age, can be charged with a standard DUI for driving while impaired by alcohol or drugs or driving with a blood alcohol level of .08% or higher. In Maryland, a standard DUI is charged as a misdemeanor.  Aggravating factors, such as an accident that kills someone, can make the case a felony.

Penalties for a DUI

As previously mentioned, the penalties for a DUI vary greatly depending on the state, as well as the facts of the case. Regardless of the state, receiving a DUI can result in any or many of the following:

• Suspension, revocation, or points on your license
• Fines between a couple hundred to a couple thousand dollars
• Time in jail of up to one year
• Community service
• Installing an ignition interlock device
• Substance abuse treatment or classes

School Opportunities

For many scholarship or college applications, you have to state whether you have been convicted of a crime. A misdemeanor conviction is seen as a crime, so you will have to explain that on your application. Typically having a DUI conviction will not make you ineligible for the scholarship or to the college, however, it is one of the factors that are considered.

Seek Legal Help

If you have been arrested for an underage DUI, it is important that you speak with an experienced attorney. A dedicated team of DUI lawyers can help walk you through this process. It is important to be open with your attorney regarding any fears you have on how this conviction could negatively impact your future plans. Contact a criminal defense attorney to schedule a consultation.

Thanks to our friends and contributors from Greenberg Law Offices for their insight into DUI cases.

The legal firm of Rispoli & Borneo, P.C. has successfully represented many DUI cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.

A person can be charged with reckless driving if they operate a vehicle in a way that creates a risk for others. If a person is charged with reckless driving, it is not a traffic violation, but is actually considered a criminal offense, classified as a misdemeanor. The assistance of the top criminal defense attorneys Fairfax, Virginia residents rely on may be beneficial.

How is reckless driving different than other types of violations?

When a person is charged with a traffic violation, there are no circumstances that are considered when determining whether that driver is guilty or not. For example, a driver is speeding if they are traveling over the posted speed limit. They are guilty of running a red light if they do not stop their vehicle when the light turns red.

Reckless driving charges are different and a conviction is dependent on the circumstances of the case. This is because when a person is charged with reckless driving, they go through the same criminal process as other types of crimes. They are arrested, read their rights, and are required to show up in court.

How is reckless driving proven in court?

There are several issues the court will examine when determining whether or not a driver was guilty of reckless driving. These include:

• State of mind: Reckless driving goes beyond just being a negligent driver or making a mistake. There must have been a willful or wanton disregard for safety on the part of the driver. A prosecutor must prove that the driver knew or should have known that their behavior or action created a danger to those around them.
• Situational factors: There are many factors the court can consider when determining guilt or innocence of the driver, including whether the driver was familiar with the area they were traveling in, whether were other people or animals in the area, what were the weather conditions, what time of day this occurred, and more.
• Risks: All a prosecutor has to prove is that the driver’s behavior caused a potential safety risk, not that there was anyone actually in danger at the time. The fact that the driver created the risk is enough to qualify as reckless driving.
• There are some states that have passed laws which name certain driving behavior as automatic qualifying as reckless driving. These are referred to as “pro se” behaviors. These may include violations such as:
  • Passing a school bus
  • Racing with another vehicle
  • Traveling a certain speed over the posted speed limit.

What are the penalties if a driver is convicted of reckless driving?

The penalties for a reckless driving conviction depends on the individual’s driving and criminal record. Each state sets its own penalties, but these generally include:

• Fines: This is the minimum penalty you can receive, however, fines for reckless driving are usually hefty and can range from hundreds to thousands of dollars, depending on the circumstances of your case.
• License suspension: Many states have a mandatory license suspension, even for first time reckless driving offenders. Multiple traffic violations can result in a much longer suspension term.
• Probation or jail: Misdemeanor convictions can result in a jail sentence of up to 12 months. The court has the discretion to hand down a jail sentence if the offender has an extensive poor driving or criminal record. In some cases, the judge could sentence the offender to probation instead of jail.

Thank you to our friends and contributors at Dave Albo – Attorney for their knowledge about reckless driving charges and criminal defense.

The legal firm of Rispoli & Borneo, P.C. has successfully represented many reckless driving cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.

Drunk Driving Attorney Newark

If you have recently been arrested for a drunk driving offense, you may be looking for legal counsel. The attorneys at Rispoli & Borneo, P.C. have over 20 years of experience defending people just like you against DUI charges. We know the law, we know the Newark courts, and we know how to provide you with competent representation.

If this is your first DUI charge, you may be looking for basic information about your arrest before you contact a drunk driving attorney in Newark. First, you should learn the anatomy of the charges against you:

1. The Traffic Stop.

The police officer who stopped you must have done so lawfully. Typically, this means that he or she must have witnessed you violating a traffic law, such as running a red light or stop sign, or he or she must have witnessed you driving erratically.

2. The Field Sobriety Test.

After pulling you over, if the officer thinks that you are driving under the influence of alcohol, he or she may ask that you take a field sobriety test. This is often based on the smell of alcohol or on observations such as slurred speech, confusion, or other indicators of impairment. There are several different field sobriety tests and it is important that you note exactly which test or tests you take during your stop. Some field sobriety tests are scientifically more reliable than others, and therefore more likely to be admissible in court. Some examples of commonly used field sobriety tests include standing on one leg, walking in a line, and touching your finger to your nose. You may also be asked to recite numbers or letters in a specific sequence, such as counting backwards from 100 by 7.

 3. The Chemical Test (Breathalyzer).

If you did not perform well on a field sobriety test, you may be asked to take a breathalyzer test to determine your  blood alcohol concentration. You may request to take another chemical test, however, such as a urine sample or blood draw test (neither of which can be administered on the roadside — unlike a breathalyzer). Generally speaking, you cannot refuse to take one of these tests without incurring penalties, such as a mandatory driver’s license suspension. The reason for this is that in exchange for a license to drive, you have given your implied consent to submit to a chemical test under certain circumstances.

Following these three steps, the police officer may determine that there is probable cause to make an arrest. A police officer may also be able to make an arrest based on other observations he or she may have made during his or her interaction with you during the traffic stop. Your drunk driving attorney will likely want to know as many details about this traffic stop as possible.

Contact Rispoli & Borneo, P.C.

As you can see, the details of your arrest are important and can affect what evidence is admissible against you. More broadly, they can even affect the likelihood of a conviction. Consider reaching out to a qualified and experienced drunk driving attorney Newark residents trust to make sure that your rights are protected. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.

A bus driver who was part of a fatal crash was not eligible to drive shortly before the accident, as covered by North Jersey.

The tragic crash happened on May 17 in the Town of Mount Olive, New Jersey. A school bus with teachers and students from a Paramus middle school driven by Hudy Muldrow Sr. as part of a field trip was struck by a dump truck as Muldrow attempted to make an illegal U-turn on a median after missing an exit. More than 40 people on the bus were injured, and the crash claimed the lives of 10-year-old Miranda Vargas and Jennifer Williamson-Kennedy, a teacher.

Muldrow was charged with vehicular homicide in connection with the two deaths, and it was revealed at a hearing that he was not cleared to drive for a time before the crash occurred. Documents introduced at the hearing from the state’s department of education show that the superintendent of Paramus schools was told in December that Muldrow was not eligible to drive and that the district was asked to comply with this ineligibility determination.

Records obtained by local news agencies show Muldrow was decertified by the state’s education department in December of 2017. Another letter, dated in December, shows that the superintendent was told Muldrow’s endorsement as a bus driver had been revoked by the state’s motor vehicle agency and that his medical certification was also expired.

It is not known why the agency suspended the bus driver’s endorsement. According to state guidelines, a bus driver can lose his or her endorsement due to a disqualifying medical condition or because of a criminal history. Muldrow did end up renewing his medical certificate at the very end of the year, and he received his endorsement back in January. The district has since said they believed it was his expired medical certification that caused the endorsement suspension, but a letter to Muldrow from the motor vehicle department about the issue did not seem to indicate that.

A closer look at Muldrow’s driving history revealed his license has been suspended a total of 14 times, most recently in December 2017. While six of these suspensions involved unpaid speeding tickets, the bus driver also received eight citations for speeding and had been in trouble for careless driving in the past. Should he be convicted of these charges, he will not be allowed to drive a bus ever again, according to the state’s department of education and its motor vehicle agency.

Many people are now questioning the school district’s failure to confirm why he lost his bus driving license privileges just months before this tragic accident. It does not appear to involve his medical status, but it could be related to the outstanding speeding fines.

Muldrow was initially charged and jailed, but he has since been released. His next appearance in court is scheduled for June.

Bus accidents can have a terrible toll, like the one in Mount Olive. If you’ve been in a bus accident, contact an attorney, like a bus accident lawyer Denver, CO turns to, about your case.

Thanks to our friends and contributors from Richard J. Banta, P.C. for their insight into bus accident cases.

The legal firm of Rispoli & Borneo, P.C. has successfully represented many fatal crash cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.

Experiencing an injury while at work can be incredibly troublesome. Not only will you be required to take time away from work and wages to recuperate, you may have suffered from an injury that permanently disables you. Even worse, if you are retaliated against in the workplace in the form of a demotion, pay cut or even job loss, you may have experienced employment discrimination. Your next steps may be to contact a workers’ compensation attorney if you believe that you have been retaliated against. They can be helpful in reviewing your case to determine if you can take legal action.

Workers’ Compensation & Employment Discrimination

Workers’ compensation is a benefit that is carried by a majority of employers in the event that an employee is injured at work. When an employee receives workers’ compensation benefits they are provided with:

• A portion of their paycheck while they are out of work
• Job protection during the time that they are out of work
• Coverage for all medical expenses related to the injury (both past and future)

It is important to note that once you agree to workers’ compensation, in most situations you waive your right to file a lawsuit against your employer. You will want to make sure you consult with a workers’ compensation attorney prior to making this agreement with the insurance company. You will want to ensure that you are making the decision that is right for you.

A number of people may not take action if they are injured in the workplace. In some cases, for fear that their employer will retaliate against them in some way. This is considered a form of discrimination and is a direct violation of your rights. Employment discrimination is when a person is treated differently in the workplace because of one or more of the following:

• Age
• Pregnancy
• Retaliation
• Sexual Harassment
• Race
• Ethnicity
• Religion
• Disability

If you believe you have experienced some form of employment discrimination, it may be in your best interest to consult with an attorney.

Retaliation

Retaliation is when an employer takes revenge for an employee filing a complaint or engaging in an activity that they have specific protections around.  Retaliation laws are in place to help provide assurances to employees from experiencing adverse effects related to coming forward for filing complaints of sexual harassment, employment discrimination and workers’ compensation. Retaliation in the workplace can include a variety of things, for example:

• Wrongful Termination
• Harassment
• Job duties becoming for difficult
• Lowered Wages
• Demotions
• Poor performance evaluation

Proper Next Steps for Retaliation Cases

A Brooklyn workers compensation lawyer can ensure that you take the appropriate next steps in a retaliation case. You will need to determine whether or not you would like to take legal action. You will want to gather as much evidence against your employer as possible. More specifically, you will need to prove that your employer retaliated against as a result of your workers’ compensation claim.

It can be frustrating to experience an injury at work to then find that your employer is treating you unfairly as result. It’s hard to figure out how to advocate for yourself and protect yourself from these sorts of infractions. With the assistance of an attorney who is experienced in this area of practice, your interests can remain at the forefront. They can help you manage the complexities of the law and advocate for your interests.  

Thank you to our friends and contributors at Polsky, Shouldice, and Rosen, P.C. for their insight into work related injuries.

The legal firm of Rispoli & Borneo, P.C. has successfully represented many work related injury cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.