Hotel employees are not safe from sexual assaults, and they know it. If you’re a hotel employee, what can you do if you fall victim? What can you expect from your employer in terms of compensation and protection from future assaults? Here’s what you should know.
Sexual assault is all too common among hotel employees.
Nobody seems to be exactly sure how common sexual assault is when it comes to hotel employees, but everyone agrees that it’s common enough that the story of a maid who accused Dominique Strauss-Kahn of assault sounded legitimate. While that case collapsed under credibility issues, experts say that housekeepers frequently have to deal with sexual assault and harassment while they’re on the job. Worse, the assaults and harassment may not only come from guests but from their own co-workers as well.
You are usually covered under workers compensation rules for assaults on the job.
Generally speaking, if you are sexually assaulted while on the job, you’re entitled to workers compensation benefits for your injuries. Any physical injuries would be covered automatically. Psychological injuries, such as post-traumatic stress disorder (PTSD), might be a little more difficult to claim, depending on the laws in your state. Some state laws require a physical injury to “back up” the mental diagnosis, while others don’t. That makes it important to have a rape kit done, if applicable, and photos taken of any bruises, no matter how slight, you may have suffered in connection with your claim. That can make it easier to convince an insurer to cover your mental health damages and therapy bills down the line.
Workers compensation may not be your exclusive remedy.
Workers comp is designed to keep claims out of courts, so it is often the exclusive remedy for an on-the-job injury—unless you can prove gross negligence on the part of your employer or that the action of an employee was intentional and personal in nature. That means that you may be able to file a personal injury lawsuit, which often pays more and can award things like punitive damages or fines against your attacker.
Taking extra security measures can prevent future attacks.
Because of the nature of the work, too many hotel employees—which are largely staffed by women, although some males also work in the industry and can also end up victims—are put in the position of being alone in the rooms with their aggressors. Being asked to deliver extra towels, sheets, or a tray of food can be a set-up for an assault. Similarly, cleaning staff members are often alone while they work, making them easy targets for co-workers to sexually assault them.
Many hotels are aware of the problem but don’t put protective measures in place that could prevent the incidents:
In addition, your employer owes you a certain responsibility to look into the background of the employees he or she hires. If he or she hired an employee who had previous charges filed against him or her or knew that other employees had reported sexual harassment or assault problems with the same employee in the past, your employer may be guilty of negligent hiring practices. This could also give you a way around the limitations imposed by workers comp.
If you were sexually assaulted by a hotel guest or co-worker, take steps to preserve any evidence that you can, and talk to an attorney like Prediletto, Halpin, Scharnikow & Nelson, P.S. to discuss whether or not your case is likely to be limited to workers comp or if you can file a civil injury claim as well.Learn More
You believe you are a pretty good citizen, avoiding things you know will just get you in trouble and even steering clear of anything you think is remotely resembling breaking a law. However, every year, well-meaning citizens get charged with crimes, and it is often a total shocker to the person involved.
The fact is, the legal system is complex, often changing from state to state, and the laws are ever changing or under revision. Therefore, it can be a whole lot easier than you suspect to end up facing a criminal charge and needing a defense attorney. Here are a few examples of things you should avoid if you want to avoid getting charged with a crime.
Be careful about getting lost in the wilderness.
If you like to hit wilderness trails on your ATV, motorbike, or snowmobile, be careful that you don’t veer too far off the beaten path and end up somewhere you shouldn’t be. In 1996, Bobby Unser got lost on a snowmobile with a friend in Colorado due to a blizzard and was later charged with misdemeanor charges because of the Wilderness Act. The Wilderness Act makes it a punishable crime to take any type of motor vehicle in designated wildlife preservation areas or certain parts of national forests.
Make sure you don’t inadvertently support terrorism.
If you set up a website online and create links to other websites where users can find more information, and one of the suggested sites happens to be linked to or associated with a terrorist organization by accident, you could be charged with providing support in material form to terrorists, which is a federally punishable crime. There have been several cases in which website developers have been charged with terrorist-supporting crimes, which is a charge that takes a good criminal defense lawyer to argue your case. So no matter what, make sure you are extremely cautious when it comes to setting up a website or providing website services online.
Take heed when it comes to destroying someone else’s illegal items.
Pretend for a moment that you share a home with several other roommates. You come across a bag of cocaine and decide the best thing to do is flush it and get it out of the house. While your intentions may be good, as you are essentially just trying to get rid of the illegal substance, just doing this could interfere with a DEA investigation if it has already begun and get you charged with obstruction of justice or tampering with physical evidence. As much as you may not want to be a rat, it is best to turn in what you find or leave it alone and file a report with the authorities.Learn More
For many individuals, the thought of filing a worker’s compensation claim can be somewhat overwhelming. However, this type of protection can be essential for preventing the financial consequences of a workplace injury from devastating your life. To help you better evaluate your options following a workplace injury, you may want to have a few of the more common myths about these insurance claims.
Myth: You Will Be Fired For Attempting To File A Worker’s Compensation Claim
There is a common fear among some individuals that their employer will attempt to retaliate against them for filing a worker’s compensation claim. However, you should be relieved to learn that it is illegal for a business to retaliate against a person for filing this type of claim. If your employer were to fire you or otherwise punish you for this filing, you would be able to file a lawsuit against the business while also pursuing your worker’s compensation claim.
Myth: You Will Have Total Control Over The Doctor That Treats Your Injuries
If your worker’s compensation claim is approved, you may be under the impression that you will be able to choose your doctor. However, this is not actually the case, and the insurance can actually dictate which doctor will treat your injuries. In cases where the injuries are severe enough to require long-term or ongoing care, you may be able to petition the courts to allow you to choose your own doctor.
Myth: You Will Have To Go Without Pay While You Are Being Treated
Fear of going for protracted periods of time without pay can be another reason for some individuals to avoid filing for these benefits. Fortunately, these claims will provide you with at least partial wages while you are recovering from your injury. Also, when you are healed enough to resume light work, it is required for your employer to make a position available for you during this phase or they will be required to pay you the full wage that you would normally earn. This will allow you to feel less stress over the financial concerns that can follow these injuries, which can help you to focus on your recovery.
If you have suffered an injury as a result of your job, it is critical for you to be fairly well-informed about worker’s compensation benefits. By knowing that your employer cannot retaliate against you for these claims, that the insurance will choose the doctor and that you will receive partial pay during your recovery, you will find yourself better prepared to make sound choices for protecting your rights following these accidents. For more information, contact firms like Hoffman, Hamer & Associates, PLLC.Learn More
If you see signs of abuse or suspect the neglect of the child, you want to do everything possible to keep that child safe. Reporting the people responsible for the abuse/neglect is an important step. Here’s what you need to do to protect the child.
Alert the Parents
Not all abuse is from parents, but from other family members. Where this is the case, talk to the parents and alert them of the problem. The parents may not be aware of the abuse. After alerting the parents, given them time to handle the situation. If you feel the parents are not taking the situation seriously, then you should take action.
It may help to have some proof when you do this. If the child abuse is by another family member or a new partner, the parents may not want to believe you without proof. When parents refuse to do anything or when it is the parents potentially abusing their child, you will need to report to your local child welfare authority. This will most likely be the local social services department.
Keep in mind, you need to be certain the abuse is not the parents. For obvious reasons, you should not talk to the parents about the abuse if the parents are the abuser as this could make the situation worse.
Whether discussing with the parents or reporting to child services, being as detailed as possible will help. The behavior needs to be neglectful or harming the child in some way: mentally, emotionally, or physically.
You don’t need to prove neglect, especially when reporting to social services. The details will help social services know the type of things to look out for during a visit. Details alert social services to potential similar situations to consider when visiting.
Continue to Report
Social services may not have enough to act at first. Whenever you see something abusive, contact social services again and keep giving information. As alerts build up, the experts will be able to delve further into the life of the child.
Avoid getting angry with those you are reporting the situation to. They can’t do anything themselves and won’t be able to answer all of your questions. Most of the time, they won’t be able to tell you if visits have occurred or if action is being taken.
Calling the Police
When the abuse is clear and in front of you, you may feel like this is an emergency situation. Contact 911 to get the police involved, again, being as detailed as possible. The dispatcher will need to know where you are. Remain at the scene, as you will need to give a statement to help the welfare of the child.
It is possible to report child abuse anonymously if you wish. This won’t affect the case, but it can make it harder for witness statements should something go to court. Be aware of this, so you can do the best thing for the child involved. For more information, talk to a professional like Nelson, McPherson Summers & Santos LC.Learn More
If you are a father who has just ended a long-term relationship with the mother of your child, you might still want some kind of custody. This can be a challenge if you were never married to the child’s mother, but there are still steps you can take to earn custody. These tips may help.
Prove You’re the Father
Even if your name is on your child’s birth certificate, the first thing you’ll need to do is to prove to the presiding judge that you are the biological father. This can be done relatively easily by submitting yourself to a paternity test. You might feel somewhat insulted to have to prove paternity, but without doing so, it will be very hard, if not impossible, to proceed. Once the test is completed, you can then move on to other matters.
Write in a Diary
You may think that diaries are only for teenage girls, but the truth is that a journal or diary of your time with your child can be helpful to the judge when he or she is figuring out custodial matters. Do you take your child shopping for clothing? Do you take them to sports practice? Do you take them to the dentist? Keep a record of the things that you do with your child throughout the month. This proves that you are an integral part of the child’s life and that you should have the right to see them regularly, if not most of the time.
Keep track of different receipts too. It can be good for your case to show the judge how much money you’re spending to care for your child and ensure that they have everything they need.
Avoid Relying on Informal Agreements
The mother of your child may currently seem reasonable enough about your rights to visitation and co-parenting, but she may change her mind or want to make adjustments without regard to your feelings later. If you want to be sure that your rights are protected, it is essential to have a formal, legal agreement in place that can’t be changed according to personal whims. Therefore, be certain that the judge handles all custodial matters instead of assuming the child’s mother will do the right thing.
When you have used the information above, you will have put yourself in a better position to earn custody of your child. Consult a family lawyer such as John Alegria Attorney at Law, and try to find someone with experience representing fathers so that you can be sure you’re doing everything you can.Learn More
The Social Security Administration (SSA) has created a valuable and useful program designed to help those unable to work at their jobs because of a medical condition. One program, the Social Security Disability Insurance program is designed for those who have worked and paid into the SSDI system. Once you have provided proof to the SSA of your medical condition, you can expect to begin receiving the monthly benefit amounts that you have paid for during your work years. The SSA application for disability benefits, unfortunately, can be complicated and drawn-out, increasing the opportunities to make errors and possibly run afoul of the rules and regulations. Read on to learn more about staying on the good side of the SSA.
1. The SSA will thoroughly investigate your medical condition claims, so don’t be tempted to exaggerate your condition and symptoms to get your claim approved. The SSA will use your medical records as evidence of your condition, and may even request that you undergo an exam by an SSA-contracted physician before they rule on your claim.
2. The SSA tracts filers and claimants of all government programs, so if you have been convicted of fraud with the SSA, the food stamp program, the IRS, the housing assistance program or the Medicaid program, your application will face a denial of benefits. If you are tempted to use a Social Security Number that is not your own, then that is simply another form of fraud.
3. The SSA does consider your education level and job skills when they make their determination of eligibility, but take care not to underplay your work experience or education level when filling out the application. If you have a legitimate need for benefits, be honest and allow the SSA to make an informed decision.
4. Back pay is a potentially valuable money benefit that can be awarded to you in a lump sum payment if you are eligible. Take care to state your last day of work accurately, or risk a denial when the SSA attempts to verify this info with your last employer.
5. Once you are approved for benefits, take care when reporting any income that you earn while collecting benefits. You must stay below $1090.00 a month or risk losing benefits, unless you are participating in special SSA programs like the Trial Work Period.
Be careful when filling out your application and when reporting your living situation and income, the SSA has strict penalties if you are convicted of fraud. Each act could cost you up to $10,000.00 and up to a 5-year prison term. Discuss your SSDI case with a Social Security attorney today. Contact a business, such as Horn & Kelley, PC Attorneys at Law, for more information.Learn More
It’s no secret that the Veterans Affairs claim system can be slow. From systemic issues to the sheer number of veterans needing targeted attention for their claims and appeals, it’s not uncommon for veterans to wait an entire year for a decision for a single claim. If you’ve complained as much as you can and haven’t seen any changes in speed, it’s important to get a legal professional on your side while building on your claim in case of denials or requests for additional information. Here are a few things you can do as you wait for a response from Veterans Affairs.
Set All The Appointments Possible
Your Veterans Affairs (VA) injury claim or appeal is all about delivering the right kind of evidence showing that your injury is related to military service (service-connected) and that you’re still suffering from the problem.
One issue with initial claims and some appeals is that they lack enough information. It makes sense that veterans fresh from the service might not know how the VA works; unless you worked in a legal department, your job had nothing to do with the complex VA disability system and filing claims are fairly intensive. Veterans may simply think that showing their wounds or symptoms are enough, since after all, they did serve honorably.
Unfortunately, the VA has to battle against fraudulent claims, which means you’ll need an up-to-date record of your problem. As you wait, you can set appointments at VA clinics and hospitals to examine the problems that you’re complaining about.
The VA healthcare system has issues with backlogs, but it’s free. On the other hand, you can get examinations from non-VA healthcare providers and pay out of pocket. If your claim is accepted–even after multiple denials–you just need to turn your invoices for related medical care in to the VA for reimbursement.
One big issue is knowing whether your medical professional is good enough. You can take a shortcut in the search by contacting a personal injury lawyer, who may have more medical professional connections suited to your needs. Although many doctors are skilled at their profession, specialists who have dealt with claim systems have a set of reporting and organization skills that centered around convincing claim systems.
Medication And Therapy To Maintain Your Health
VA disability provides many benefits, such as monetary compensation and more advanced medical treatment. Before being approved for benefits, you can stabilize your condition or at least get some assistance that can make survival a lot cheaper.
If you need pain medication or prescription refills, visit the VA ahead of time. There’s no need to pay for many form of pain medication, allergy relief or physical therapy assistance if you go to the VA before your prescription is empty or before the situation becomes dire.
Although the VA is reducing its abused system of high-potency medication with a simple visit, if you really need a prescription, a VA clinic or hospital visit with a doctor can get what you actually need. You can then use the My Healthy Vet website to refill prescriptions, and you’ll only need to visit the clinic again if you need to be evaluated for another solution or continued refills.
For more information, contact Walz Law Office or a similar firm.Learn More