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San Antonio Personal Injuries at Work

Workplace safety is an important issue for almost any job. For San Antonio construction sites, it is doubly important that safety in the work areas is maintained in order to prevent serious or even life-threatening accidents and injuries. When accidents occur in the workplace due to neglect of workplace safety standards, it is the job of a personal injury attorney to assist the victim and hold those responsible for the damages accountable for their actions.

When workplace safety is taken lightly, it can lead to serious injuries. These injuries can cause severe physical pain, and could even cost a person their life. The responsibility for making sure the workplace is safe falls on the contractor or the owner, meaning that they are liable for any accidents which may occur. In most cases, these types of accidents can be prevented. Here are some tips that can help prevent workplace injuries and maintain safety while working:

  1. Ensure that equipment and the premises are inspected on a regular basis to guarantee that they are in good working condition.
  2. Make sure the floor is free from slipping hazards. Put signs in areas where it is wet and should not be used. Put anti-spill mats on areas where people walk to avoid slips and falls.
  3. Keep all passageways clear of debris and any obstacles, and keep them well-lighted.
  4. Always check the electrical, heating and water supplies. Make sure they don’t have any damages to avoid any electrical injuries. Once any type of defect is found, make sure that it is fixed properly before it is used again.
  5. Keep scaffolds, ladders, and any step ladders strong and secured to avoid fall accidents.

Everyone has a responsibility to keep themselves safe from any injury, whether they are at home or in the workplace. Nevertheless, once workplace accidents occur, if they are the result of the careless actions of another person or if there is negligence on the part of the safety officer, then the victim can ask for compensation. If you have been in a workplace accident and you did not receive any compensation, then it’s best to contact San Antonio personal injury attorneys who can help you push your right for compensation forward.


The Rules On Establishing An LLC

Losing your personal assets can be a main concern when thinking of starting a business. Gaining profits is why people choose to establish a company, so why bother building something that can only cost you money? This is where Limited Liability Company or LLC comes in, the benefits of this type of business far outweighs any of its anticipated disadvantages.

One the many advantages of having this type of company established are the Operating Agreement. Whether it is a sole proprietorship or has many partners, through the operating agreement in an LLC business, you (and your partners, if there is any) can organize the percentage of ownership, each one’s own share of profits and losses, the rights and responsibilities, and options once a partner leaves the company. The operating agreement permits you the chance to form the financial as well as the working relations with every partner in a way that appeals to your business.

Although many states does not requires LLC businesses to have an operating agreement, it helps to have one because it is generally aimed in securing the limited liability status, intervene with misunderstandings (especially on financial and management issues), and makes sure that your company is lead by your own rules and not by the rules of the state alone. Among the many things that should be included in your LLC business Operating Agreement is:

  • Rules pertaining to meeting and taking votes
  • Allocation of profits and losses
  • Each partners’ voting powers
  • Each partners’ right and responsibilities
  • Each partners’ percentage interest in LLC
  • Buy-sell, or buyout provisions should a partner decides to sell his or her interest (or dies or disabled)
  • How the business will be managed

Albeit straightforward, each of these items are required to have some time for pondering and needs to be written in paper (so to speak) in your company’s operating agreement. It may be better to have the professional help of a business lawyer when creating the operating agreement of your LLC business. Whether you draft it from blank or getting help professionally, it should be made to benefit the needs of your company and adhere to your state’s laws. Seeking the guidance of a lawyer who focuses on business formation, contract negotiation, and contract preparation may help you in the  long run. 

 

 


The Workers’ Compensation Program

Every state in the United States has a workers’ compensation program. Each state is required by law to carry this type of workers insurance in order to cover for the employees to use once they are injured. Workers’ comp is only given to those who are injured while working, or have become sick due to the nature of their job. Because of the differences in state jurisdiction and policies, this benefit can also differ.

For anyone to avail of their workers compensation benefits the injury or disability suffered can be physical, mental or emotional, based on the Social Security Administration. They can even be a combination of all, and to qualify for these benefits, an employee should prove that he or she is suffering from at least two types of disabilities:

  1. Permanent Partial Disability (PPD) – this is a type of injury that impairs the physical and mental capabilities of a worker to perform certain parts of normal work duties for the rest of his or her life. Upon returning to work, a worker suffering from PPD can only perform certain responsibilities and not everything that they used to perform, causing them to have lower income jobs. This type of disability benefit can last up to 500 weeks, and is based on a certain percentage of the difference between the previous and current wages. In a personal injury suit, permanent partial disability can be used for awarding damages.
  2. Temporary Total Disability (TTD) – based on the opinion of the physician, this type of disability is the total restriction from any and all work. Employers provide TTD benefits to the injured worker until he or she can return to their work. This benefit lasts for 113 weeks, where the physician can determine if the worker is able to go back to work.

It is important to file for worker’s comp immediately after you have suffered an injury in the workplace, mainly because it takes some time for them to be approved. There are circumstances where these requests are denied, such as a pre-existing condition. For this situation, it is better to prove that the work itself has helped aggravated the condition or has made it worse. These sort of situations can become complicated without the guidance of a legal professional. A workers compensation lawyer may be able to help anyone that has been hurt or injured due to an unfortunate circumstance at their worksite. Visit this website to learn more about how lawyers may be able to guide you through a case: http://www.lamarcalandry.com/practice-areas/workers-compensation/