The Law Office of Michael J. JoshiLenexa Unemployment Lawyer | Employment Law Attorney2023-11-29T08:29:45Zhttps://www.joshilaw.com/feed/atom/WordPress/wp-content/uploads/sites/1602082/2020/12/cropped-favicon-32x32.pngOn Behalf of The Law Office of Michael J. Joshihttps://www.joshilaw.com/?p=479272021-06-10T22:37:21Z2021-06-10T22:37:21ZWhat are musculoskeletal injuries?
Musculoskeletal injuries account for a significant portion of workers' compensation claims. Musculoskeletal disorders have no specific origin but can affect certain populations differently. Older workers seem to be more susceptible to such disorders. Younger workers also experience musculoskeletal disorders but will often push through or conceal the pain, which could aggravate the condition even more.
Can injured employees receive workers' compensation payments?
If you're performing duties for your employer, you're eligible to receive workers' compensation payments after being injured. These payments should cover medical care to treat your injury, and you may also receive compensation for your missed wages while you're at home recovering.
Your employer should provide a safe environment, but injuries can still occur. Musculoskeletal disorders don't necessarily happen because of obstructions in the walkway or falling objects; these injuries could result from repeated overuse of a limb or body part. Warehouse workers who must continually bend and lift items are likely to be injured in this way.
If you have been injured and wonder whether you are entitled to compensation, seek the advice of a skilled attorney. A lawyer who knows workplace injury laws for warehouse workers may be your greatest ally in filing a workers' comp claim quickly and accurately.]]>On Behalf of The Law Office of Michael J. Joshihttps://www.joshilaw.com/?p=479242021-06-05T00:00:50Z2021-06-05T00:00:50ZPrimary differences between SSDI and SSI
Social Security disability claims are approved when a claimant can demonstrate to a Social Security Administration judge that they cannot earn a substantive living wage due to a particular condition or multiple conditions similar to prior approved claims. SSI recipients are approved by the same rules. The programs differ most significantly in the fact that SSDI is a permanent disability award while SSI approval is re-evaluated periodically.
What an SSI continuing disability review includes
Each year, SSI recipients are evaluated for continued eligibility based on specific factors. The first Social Security disability reconsideration element is the financial status of the claimant. SSI rules for approval state that a recipient cannot have more than $2,000 in financial assets or $3,000 for married couples. Certain exemptions exist for ownership of a primary home and a reasonably valued vehicle. SSI recipients are also severely restricted in any income allowance, so tax records and paycheck receipts can be requested as well. Along with these financial evaluations, recipients are assessed for improvement in their medical condition or the condition of an approved dependent child.
It is imperative for all SSI recipients to understand the restrictions for their disability award. The law requires a continuing SSI review at least every three years. Anyone who has been notified of a pending review may want to consult with a disability attorney before being evaluated.]]>On Behalf of The Law Office of Michael J. Joshihttps://www.joshilaw.com/?p=479192021-05-26T21:13:22Z2021-05-26T21:13:22ZIllegal termination
Workers are protected against unfair treatment by federal laws like the 1964 Civil Rights Act and the 1967 Age Discrimination in Employment Act as well as state laws like the 2012 Kansas Act Against Discrimination. Among other things, these laws make it illegal to fire a worker because of their race, religion, gender, age or national origin. When these laws are violated, workers in Kansas who are fired unfairly can file claims with the Equal Employment Opportunity Commission or the Kansas Human Rights Commission. Terminating workers in retaliation for filing sexual harassment claims, joining a union or reporting criminal activity is also illegal.
Breach of contract
Firing a worker can also lead to legal action when the termination breaches a contract of employment. These contracts usually contain provisions that state employees can only be fired for cause and list reasons for terminating the agreement. These reasons often include committing willful misconduct, revealing trade secrets, stealing or deliberately damaging company property. Contracts of employment may also place restrictions on workers who resign. This is why it may be a good idea to have these contracts checked by an experienced employment law attorney.
Wrongful termination claims
Terminated workers are sometimes asked to sign severance agreements that require them to waive their right to seek legal redress. Attorneys may advise workers not to sign such agreements, and they might also explain the process for filing a wrongful termination claim and the deadlines that must be met. Attorneys may advocate on behalf of fired workers during wrongful termination hearings. During these hearings, attorneys might seek to have the workers' employment restored or pursue damages to compensate the workers for their lost income.]]>On Behalf of The Law Office of Michael J. Joshihttps://www.joshilaw.com/?p=479152021-05-20T22:46:34Z2021-05-20T22:46:34ZEquipment interaction
All warehouses rely on forklifts and other mechanical equipment to operate. Even conveyor belts and line delivery equipment can cause injury from time to time, including repetitive motion disorders. This is especially true in warehouses using production packaging systems. And not only are floor associates vulnerable to injury, but machine operators are as well. Interaction with work tools is a common component of workers' comp iclaims, which are often injuries that could be avoided were the company not negligent in maintaining production machinery.
Lax work environment safety
All warehouse management companies should have a thorough safety program that keeps all employees conscious of workplace safety. Good housekeeping is vital to having a safe work floor, and maintaining safe breathing areas are important as well. Proper ventilation can help remove any potentially harmful chemicals and help reduce the possibility of communicable disease. Respiratory equipment can be very important in many warehouses as well, depending on the chemical nature of the stored products, and proper equipment should be supplied according to OSHA standards and required by state workers' compensation regulations.]]>On Behalf of The Law Office of Michael J. Joshihttps://www.joshilaw.com/?p=479082021-05-19T23:23:33Z2021-05-19T23:23:22ZWhat is wrongful termination?
Wrongful termination occurs after an employee gets fired for an illegal reason. This type of termination typically violates state laws, national laws or rules outlined in an employment contract. Complicating matters further, Kansas is one of many at-will employment states. At-will employment states dictate that an employer nor an employee needs a reason to end a working relationship.
What to do after getting wrongfully terminated
Going through the aftermath of wrongful termination can feel confusing, scary and anger-inducing. However, there are steps you can take after this occurs. The first step is to look over your rights as an employee. You'll also want to understand local and national laws concerning wrongful termination.
Considering the complexity of employment law, you'll likely want to have an attorney's help. Understandably, you probably wouldn't want to go back to work for this former employer again. But, an employment discrimination attorney might be able to help you sue your former employer if the conditions are valid to do so.
To summarize, wrongful termination means to fire someone for an illegal reason. Fortunately, you have rights as an employee. If you got wrongfully terminated, it's often a good idea to hire an attorney. An attorney can help you form your case and file charges against your former workplace.]]>On Behalf of The Law Office of Michael J. Joshihttps://www.joshilaw.com/?p=479012021-05-17T21:41:15Z2021-05-17T21:41:07ZFederal sexual harassment prohibitions
All companies with 15 or more workers must follow standards and rules laid out in Title VII of the Civil Rights Act of 1964. In terms of sexual harassment, the statute dictates that employers cannot allow or accommodate environments where:
Individuals are hired or fired based on their gender or sexual orientation
Workers feel pressured into quid-pro-quo acts
Employees must endure sexual harassment from other workers, vendors, customers, or clients
People are reassigned or demoted because of their gender or sexual orientation
Retaliation against employees who report discrimination is tolerated
Universal workplace policies that negatively affect certain genders are implemented
Kansas’s sexual harassment law
Kansas’s employment law statutes, outlined in the Kansas Act Against Discrimination, apply to every company with four or more employees. The regulations took effect in 2015 and prohibit job discrimination based on sexual orientation and gender. It also outlaws workplace sexual harassment.
Unlike other states, Kansas does not require companies to hold sexual harassment training. However, it’s highly recommended because businesses are responsible for following rules to the letter of the law. And if an employee behaves inappropriately, the company may be forced to pay the price. By opting out of training, businesses leave themselves open to sexual harassment incidents that could result in costly lawsuits.
If you feel you’ve been unlawfully harassed in the workplace because of your gender, sex, or sexual orientation, it may be wise to consult with an employment discrimination lawyer. Legal counsel could assess your situation and help determine the best course of action.]]>On Behalf of The Law Office of Michael J. Joshihttps://www.joshilaw.com/?p=478942021-05-05T22:50:13Z2021-05-05T22:50:04ZIs it taxable?
Social Security Disability benefits may be taxable in some scenarios. In order to figure out if your benefits will be taxable, you'll need to take a look at all of your income sources and your filing status. You'll need to divide the benefits that you receive in half and then add that number to any other income that you may have. Other income includes unearned income like interest and dividends. Any income that your spouse brings in will also need to be added to half of the SSD benefits.
Taking a look at the tax charts
Once you have your total taxable income by adding half of your benefits to the other income sources that you have, you'll need to take that number and look it up in the tax charts. For a person who is single or is married and filing separately, income becomes taxable at $25,000 and above. Between $25,000 and $34,000, income is taxed at 50%. Any income above $34,000 is taxed at 85%. For married couples filing jointly, anything over $32,000 is considered taxable. Between $32,000 and $44,000, the tax rate is 50%. Over $44,000, the tax rate is 85%
Receiving SSDI benefits can be a great way to help ensure that you can remain independent even though you have a long-term disability. However, these benefits can be taxable in certain situations, and it's important to understand what those are. If you're not sure if you qualify for these types of benefits or you're not sure what the taxable income would be, it's advisable to speak to an attorney.]]>On Behalf of The Law Office of Michael J. Joshihttps://www.joshilaw.com/?p=478892021-04-28T23:20:28Z2021-04-28T23:20:21ZYou cannot exceed the SGA
The Social Security Administration sets a cap on how much money a person receiving SSD may earn outside of their benefits. This is called substantial gainful activity, or SGA, limit. For most people, this cap limit is $1,310 per month. For those who are blind, this cap limit is $2,190 per month. If you exceed these earning caps, you may no longer qualify.
Qualifying for a work incentives program
As a way to help disabled individuals get back into the workforce, the Social Security Administration has established various work incentive programs like Ticket to Work. Under these programs, individuals who are currently receiving SSDI benefits can work and receive over the SGA limit.
However, once the program is over, the individual has to decide to remain with SSDI benefits or give them up for their new workplace position. The trial period for these programs lasts up to nine full months. This is intended to help test the ability of the disabled person to perform another job task in the hopes of being self-supporting by the end of the program.
For those who become disabled and unable to work, SSDI benefits are there for financial support. However, you may find that you want to try and get back into the workforce in the future. Trying out an SSDI work incentive program is a great way to test out your working ability and still be eligible for assistance.]]>On Behalf of The Law Office of Michael J. Joshihttps://www.joshilaw.com/?p=478802021-04-22T23:15:33Z2021-04-22T23:15:31ZWhat causes back pain for working nurses?
In many cases, back pain comes on slowly. It may begin with a twitch or muscle spasm that eventually turns into something much more painful. In some cases, it can mean lost wages due to time off work for recovery. Some nurses may even wonder if they should receive workers’ compensation for their injury.
Because of the demands of the nursing profession, nurses face musculoskeletal injuries involving muscles, tendons, ligaments and bones of the back. This can mean life-long recurring illness. Some of the top causes for back injuries include:
Pushing and pushing patients in wheelchairs or on stretchers
Poor posture while sitting or standing for long periods of time
Repeated use of impact or vibrating tools
Lifting patients for repositioning
Moving heavy equipment and supplies
Minimizing the possibilities of back injury
Prevention is the best step to minimize nurses' back injuries. Recognizing the symptoms of musculoskeletal disorders and immediately reporting them to your supervisor can minimize the severity of these disorders. This can also help reduce the overall cost of treating these injuries. At times, it may be necessary to seek the assistance of a workers’ compensation attorney to answer your questions.
Ways you can prevent on-the-job back pain begin with simple solutions like wearing supportive shoes and sleeping on supportive mattresses. Make sure to get regular exercise and focus on strengthening lumbar, abdominal and pelvic muscles.
Learn appropriate body mechanics for lifting or repositioning heavy objects and use all assistive devices when lifting on the job. If you are on your feet for long periods, be sure to flex and stretch often. Finally, avoid doing anything that can put additional stress on your back and spine.]]>On Behalf of The Law Office of Michael J. Joshihttps://www.joshilaw.com/?p=478732021-04-19T23:27:53Z2021-04-19T23:27:45ZYour location and your actions
For example, if you were in a car accident on your way to or from work, you probably would not be covered under workers' compensation. However, if you were in your car doing a work-related errand, you most likely would be. These kinds of situations are covered under what is known as the "coming and going rule." Another rule covers horseplay. If you are injured while engaging in horseplay at work, you might not be covered because this usually does not fall under the umbrella of work-related activities. However, you would probably be covered if you were injured because of the horseplay of other individuals.
Intoxication
Intoxication does not necessarily make you ineligible for workers' compensation unless your intoxication was a factor in the accident. For example, if you are walking along on the floor in a factory and you are hit with a piece of machinery wielded carelessly by another worker, you are probably still covered. However, if you stagger into the machinery because of intoxication, you might not be.
Workers' compensation can be vital in helping you pay your medical expenses and giving you time to recover from your injury. Many of these types of claims fall into a gray area and will be considered on a case-by-case basis. If you are concerned about whether your claim for workers' compensation might be denied or you are simply worried about preparing the paperwork correctly, you may want to consult an attorney.]]>