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May 2010 Archives

How to Choose a Lawyer for your Lawsuit

If you find yourself in a legal situation, you should find the right representation to help you fight your lawsuit. Choosing the best lawyer can be a difficult situation especially if you are unfamiliar with legal terms and situations. It is imperative to find a lawyer that is specialized and certified to represent you in the type of case that you are involved with. There are different types of lawyers for each type of law, for example a personal injury or worker’s compensation. Here are some tips for choosing a lawyer for your lawsuit.The first tip is to define the problem and understand your type of lawsuit. This will help you in determining a lawyer that specializes in the area of expertise you need. There are many situations that you will need representation for such as divorce, real estate, personal injury, family, or business for example. If you know of a good personal injury lawyer, you may not want him or her to represent you in a family law case.Once you have determined what type of representation you will need, you can then work on choosing your lawyer. A great place to start is on the Internet. You can easily research attorneys in your area, and read about the firm where they work. If you need a list of firms, you can also find them in phonebooks. However, you should not hire someone based on the biggest phonebook advertisement you read. Also, you should not hire legal representation from a commercial on television. It is better to do your research first and not hire someone on an impulse after seeing an advertisement.If you are having trouble narrowing down your choices, do not be afraid to ask for a one-on-one meeting to ask your prospective lawyer questions. Keep in mind that most will charge for their time, so this could get expensive. A meeting is good if you are stuck between two choices. You may want to know about their background, their knowledge of the law, and their percentage of winning cases. It is always a good idea to ask for references as well.After you have chosen, make sure that your lawyer is in the area of specialty that you need for your lawsuit. This is the most important tip when choosing representation. You should hire a lawyer that is from the state your lawsuit is in because they will be familiar with all state laws. For example, if you live in Chicago you should hire a workers’ compensation lawyer. Or if you live in San Diego, and need a personal injury lawyer you should hire an expert in San Diego personal injury.Choosing a lawyer can be difficult, but following these tips should be helpful when you are making a decision. Being involved in a lawsuit can be stressful, and having the right lawyer can help alleviate the stress.About the Author: Brooke Haley marketing associate at Millon & Peskin, Chicago workers compensation attorney that practice in the areas of Civil Litigation, Workers’ Compensation, and Personal Injury. Millon & Peskin is a General Civil Litigation Practice with the goal of representing the interests of injured workers, throughout all applicable Courts within the State of Illinois. For more information, please visit http://www.millonpeskin.com.

Employees Have Rights Too

Both employers and employees have fair and equal rights in the workplace. As an employee, you should educate yourself on the rights you are entitled to that your employer should uphold. A lot of issues can arise in the workplace such as discrimination, harassment, safety, taxes, wages, and wrongful termination. Employment laws have been established to fairly represent an employee when these rights have been violated. An employee should also treat their employer fairly and not take advantage of their rights or the employer/employee relationship.Employees and applicants both have the right to fair treatment in the workplace. An employee must also follow the rules and office procedures placed by their employer. For example, some employers do not allow their staff to check personal e-mail or update personal social networking profiles, such as Facebook or Twitter, while on company time or on a work computer. There is a basic right to privacy, and employers cannot go through someone’s purse, locker, briefcase, and telephone messages or conversations. Rights are limited with e-mail communication and computer usage however, because most companies operate on an Intranet database.All people in the workplace, including employers, employees and applicants, have the right to be free from discrimination and harassment. Discrimination can occur against one’s race, age, or religion. An applicant should be hesitant of a future employer if they are asked to specify any of these on an application. An employer does have the right to perform a background check only if they notify the applicant that they are doing so. If an employee experiences any type of harassment while at work, they should notify their supervisor or boss immediately and report the harassment. If the employer does not respond to the notification, you may need to seek legal action.Another right in the workplace is the right to safety. If you are injured or become ill while on the job, you are allowed to file for a personal injury claim that may result in worker’s compensation. Laws have been set in place for worker’s compensation if an employee is unable to work and needs compensation if injured at work. If you find yourself in a situation where your right to safety has been violated, you can contact a personal injury lawyer to help you file your claim. If you live in a different state, you should contact a lawyer that resides in your state because the law varies from state to state.All employees should be compensated for the work they perform while at a job. Employees’ rights are protected because of federal minimum wage laws. If you are not being paid at least the minimum wage, then your rights are not being met. Also, jobs performed should be compensated unless you are volunteering and are informed ahead of time your job is unpaid. For example, a lot of internships are unpaid. Wages must be paid fairly and on time. You may need to hire a Chicago workers compensation attorney to help file your claim. If you live in a different state, you should contact a lawyer that resides in your state because the law varies from state to state.An employee’s rights should be upheld and respected by their employer. Likewise, an employee should follow all rules set in place by their employer. If you know your rights then you will likely be able to avoid any unlawful situations while at work. If you feel that your rights have been violated then you can contact your supervisor or boss, and if you need legal advice you should not hesitate to contact a lawyer. About the Author: Mitchell Peskin, Chicago workers compensation attorney and managing partner at Millon & Peskin, practices in the areas of Civil Litigation, Workers’ Compensation, and Personal Injury. Millon & Peskin is a General Civil Litigation Practice with the goal of representing the interests of injured workers, throughout all applicable Courts within the State of Illinois. For more information, please visit http://www.millonpeskin.com.

Worker’s Compensation Eligibility

If you find yourself in a situation at work where you are injured or have become ill, you may be eligible for workers’ compensation also known as workers’ comp. There are benefits that can be helpful if you qualify such as medical treatment, compensation for lost wages, rehabilitation, or money due to a permanent disability that impairs you from working. Before you qualify for workers’ compensation, you should know what makes you an eligible recipient. You can contact a lawyer who specializes in this area to help you file your claim if you think you qualify for the compensation.There are certain qualifications that make someone eligible for the compensation. The generalized component for eligibility is that the injury or illness has to be caused from your job or occur while at work. Some preexisting conditions that are accelerated due to your job can also qualify you for workers’ compensation. Some states will also approve your claim if you are injured while at a company party or off site training. Sudden accidents at work such as illness, injury, and unfortunately death are usually covered too.Examples of eligible claims include, but are not limited to, mental illness due to stress, injuries from work machines, or repetitive duties or motions that cause a disability. Injuries can include hearing loss, sight loss, or loss of muscular movements due to the duties performed while at work. Diseases and other health impairments that rapidly increase due to your job are also eligible injuries that can be claimed. As you can see, any injury or disability has to occur or be a result of your work place.There are limitations, and not every illness, injury, or disease can be filed for worker’s compensation. If you are injured at work because you are acting out of accordance, then the injury is your fault and not your employer’s. For example, if you are at work under the influence of drugs or alcohol and are injured because you fall then your employer is not liable for your injury. However, if you are injured because another employee’s misconduct, you may be eligible for a claim. Self inflicted injuries or illnesses that you inflict at work are ineligible.Every state has different guidelines and eligibility requirements for compensation, so it is in your best interest to hire a worker’s compensation lawyer to guide you during the process. For example, if you live in the Chicago area you can hire a Chicago workers compensation lawyer, or if you live in California you should hire a lawyer from your state. They can help you determine if you are eligible to receive worker’s compensation from your employer. If you receive compensation you cannot sue your employer because of the illness, injury, or death. On the other hand, if your claim is denied you may be able to sue.About the Author: Brooke Haley marketing associate at Millon & Peskin, Chicago workers compensation attorney that practice in the areas of Civil Litigation, Workers’ Compensation, and Personal Injury. Millon & Peskin is a General Civil Litigation Practice with the goal of representing the interests of injured workers, throughout all applicable Courts within the State of Illinois. For more information, please visit http://www.millonpeskin.com.

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