Archive for the ‘Employment’ Category

Using Your Own Auto for Your Job. Do you have a Right to be Reimbursed for Mileage ?

Tuesday, August 17th, 2010

Introduction: Many people use their own car in the performance of their jobs, without being reimbursed for it. Here are a few questions for Aaron Sachs regarding this topic.

Q: Aaron, this week’s topic is using your own vehicle for your job. Is your employer legally required to reimburse you for the mileage you put on your car in the performance of your job?

  • A: California is the only state with a law requiring reimbursement of mileage.
  • If use your own vehicle for work related purposes, you may be able to negotiate reimbursement with your employer.
  • Otherwise, you may be able to claim the mileage as a deduction on your income taxes, so keep meticulous records.

Q: If an employee uses their vehicle for business errands, or driving around to different appointments, must they be paid for that time?

  • A: According to the United States Department of Labor, if an employee is required to travel as part of his principal activity,
  • such as meeting clients, or traveling from job site to job site during the workday -
  • the travel must be counted as hours worked.
  • If driving time takes an employee beyond the normal 40 hour work week, they are entitled to overtime pay.

Q: How can an employee get more information about their legal rights concerning driving their own vehicle for work purposes?

A: They can speak to their union representative, someone at the Department of Labor, specifically the Wage and Hour division, or an attorney familiar with both Federal and State wage laws to find out more information.

If you have been injured and would like more information or legal assistance, feel free to call the Missouri personal injury law firm of Aaron Sachs and Associates and ask for a free initial consultation. There is no obligation or pressure. Feel free to submit our convenient and easy-to-use Do I Have a Case? form, or call us toll free 24/7 at: 1-888- 777-2886. Aaron Sachs’ regional law offices are located across the state of Missouri in Springfield, Joplin, Columbia and Cape Girardeau. Meetings are by appointment only. Practice is limited to personal injury, workers compensation and Social Security Disability.

Workers’ Compensation – The First Step to Take if You Are Injured on the Job, Part 2

Thursday, July 22nd, 2010

If you have suffered a work related injury, you need to immediately report it to your employer. Include your name and address, the date, time and place of the injury, and of course the nature of the injury in your written notification. Keep a copy of this notice for your records. If you sent the notification in the mail, keep a written record of the date you mailed it. If you hand deliver it, keep a record of the date and time, as well as the full name and job title of the person you handed it to. If there is any dispute about your Workers’ Compensation claim, this information might be important for you to prove your case.

After you have reported your injury, it is your employer’s responsibility to arrange for any necessary medical treatment. He/she is required to file the reports with the Division of Workers’ Compensation. The employer or insurer who knowingly fails to report the injury to the Division in a timely manner may be subject to a fine, imprisonment or both.

If you have been injured on the job, and would like legal assistance, feel free to call the Missouri personal injury law firm of Aaron Sachs and Associates and ask for a free initial consultation. There is no obligation or pressure. Feel free to submit our convenient and easy-to-use Do I Have a Case? form, or call us toll free 24/7 at: 1-888- 777-2886. Aaron Sachs’ regional law offices are located across the state of Missouri in Springfield, Joplin, Columbia and Cape Girardeau. Meetings are by appointment only. Practice is limited to personal injury, workers compensation and Social Security Disability.

Missouri Workers’ Compensation – If Your Case Goes to “Trial” ( Hearing), Part 2

Thursday, June 10th, 2010

The first thing that happens in a Missouri worker’s compensation hearing is the employee presents evidence and testifies. Other witnesses may also be called to testify. All witnesses will be sworn by the administrative law judge to tell the truth, and they may be cross examined by the lawyers for the other parties. The employee will present medical evidence, which might include certified copies of medical records, as well as testimony from his/her doctors. Usually, the physician’s testimony is presented by a deposition, although some will testify in person at the hearing.

Next, the employer/insurer will present their evidence. Any witnesses called by the employer/insurer are subject to cross-examination as well. If the Second Injury Fund is a party to the case, they also have the opportunity to present evidence. The employee then has the right to present “rebuttal” evidence which is limited to countering new issues that came up during presentation of the evidence.

Everything said during the evidentiary workers’ compensation hearing is recorded, and all documents are marked for identification by the court reporter. This becomes a permanent part of the judge’s file on the case. After the hearing concludes, the judge may allow both parties a short period of time to file “briefs” in the case. Briefs are written statements arguing each party’s position.
The judge will issue the award (ruling) after reviewing all evidence and considering the briefs. The award is mailed to the employee, the insurance company, and all lawyers in the case within 90 days of the last day of the hearing.

Don’t face a Missouri workers’ compensation hearing alone. For a Free evaluation of your case, use our convenient “Do I Have a Case” form, or call us Toll Free at 1-888- 777-2886.

Blog: Recognizing Occupational Disease for a Missouri Worker’s Comp Case

Monday, April 26th, 2010

Although occupational diseases are estimated to be the cause of 860,000 illnesses and 60,300 deaths every year, they often go undiagnosed as job related. Recognizing the link between a patient’s symptoms and the possibility of occupational disease is all important - not only to the physician’s ability to successfully treat the ailment, but also to possibly protect other patients who are similarly exposed.
Early diagnosis of certain occupational diseases is vital to prevent progressive disability from conditions like asthma or exposure to lead or asbestos. In addition, the questions asked and records kept by the doctor are crucial to a Missouri Worker’s Compensation claim for occupational disease.
If you suspect or are diagnosed with an occupational disease you may want to speak with a Missouri Worker’s Compensation Attorney. More information is available on our website www.autoinjury.com Feel free to submit our convenient and easy-to-use Do I Have a Case? form for a FREE initial evaluation, or call us toll free at: 1-888- 777-AUTO.

Blog: Checklist of Questions Doctor should consider when Recognizing Occupational Disease for a Missouri Worker’s Comp Case

Monday, April 26th, 2010

If you suspect an occupational disease or injury, make sure your doctor includes answers to these questions in your file:
1. Description of your job/work/industry?
2. Are your symptoms different at work and at home?
3. Are you now, or have you been exposed to chemicals, dusts, metals, radiation, or loud noise?
4. Are your co-workers experiencing similar symptoms?
If your illness or condition appears to be job related, it’s a more comprehensive occupational history might need to be taken.
If you suspect or are diagnosed with an occupational disease you may want to speak with a Missouri Worker’s Compensation Attorney. More information is available on our website www.autoinjury.com. Feel free to submit our convenient and easy-to-use Do I Have a Case? form for a FREE initial evaluation, or call us toll free at: 1-888- 777 -2886 .

Missouri Rates For Worker’s Comp – What are You Entitled To?, Part 1

Sunday, April 25th, 2010

If you receive Missouri worker’s compensation, the weekly amount you are entitled to while you cannot work is usually based on two thirds of your currently salary; this money is tax free.
Missouri worker’s comp has a statutory maximum, which varies based on the date of your injury. The maximum Temporary Total Disability (TTD) is $807.48 for injuries that happened between 7/1/09, and 6/30/10. This amount will be lower if your injury happened before these dates. TTD is only for the time your doctor says you are unable to work because of your injuries.
If it is determined that you are permanently and totally disabled in Missouri, your benefits may continue for life. If it is determined that you are partially disabled in Missouri, your compensation is based on the percentage of disability you have remaining after your recovery, limited to 400 weeks.
For more information about benefits payable for Missouri Workers Compensation Cases, feel free to call us on TOLL FREE number: 1-888-777-AUTO. Or use our convenient “Do I Have a Case” form. You may also call any local office in Cape Girardeau, MO, Springfield MO, Joplin, MO and Columbia/Jefferson City, MO. For phone numbers and locations, visit our Contact Us page.

Coping with Disability, Part 2

Saturday, April 24th, 2010

Things newly disabled people have found helpful are finding volunteer work they can do, reading inspirational literature such as the Bible or other spiritual works, or taking up a new hobby. Others have found writing their feelings and experiences in a journal each day is a powerful way of letting their emotions out, and coping with the devastating effects of their disability.

Some people have chronicled their experiences with their disability, or their experiences with the Social Security Disability system, in an online blog. This is not only therapeutic for the writer, but can become a public service by providing others with important information they will need to navigate the Social Security Disability system. Click here to send for a FREE Social Security Disability brochure.

If you require legal assistance, please use our convenient Click to Call feature, or simply call our toll free number at 1-888-777-AUTO (2886). An initial consultation does not cost you anything, no pressure and no obligation.

Missouri Rates For Worker’s Comp – What are You Entitled To? Part 2

Friday, April 23rd, 2010

Permanent Partial Disability (PPD) is paid for partial or complete loss of use of a body part, such as a hand. The Missouri legislature has a formula to convert each disability into a dollar amount. Currently, the state maximum is $422.97 per week, for injuries happening between 7/1/09-6/30/10. The maximum is less than for Temporary Total Disability, because the disability is partial, not total.
Injured or disabled persons may also be eligible for $.50 per mile for medical mileage (driving to doctors, hospitals, therapy, etc.)
There are also “Survivor’s Benefits” paid to the spouse or dependant children, and a burial allowance of $5,000, if the Worker’s Compensation claim is for someone who died as a result of their injuries.
For more information about benefits payable for Missouri Workers Compensation Cases, feel free to call us on TOLL FREE number: 1-888-777-AUTO. Or use our convenient “Do I Have a Case” form. You may also call any local office in Cape Girardeau, MO, Springfield MO, Joplin, MO and Columbia/Jefferson City, MO. For phone numbers and locations, visit our Contact Us page. Aaron Sachs & Associates 1-800-888-777-AUTO.

Coping with Disability, Part 1

Friday, April 23rd, 2010

Becoming disabled is a traumatic change for anyone, particularly if they have always been healthy and active. Social Security Disability can help with the financial hardships, but going on disability can take a long time, and there may be many challenges to face along the way. It is vital to keep your spirits up by taking care of your emotional and spiritual well being. Becoming depressed will only exacerbate your condition.

If you feel you are sinking into a depression, tell someone – a friend, a family member, or your doctor. If you need counseling, your doctor can recommend someone appropriate. Never isolate yourself from the world – stay connected. Join a church organization or senior citizen’s organization, if you are older. This can make a huge difference to your quality of life.

If you have questions, please call our toll free number at 1-888-777-AUTO (2886). There is never a charge for an initial consultation, no pressure and no obligation.

Social Security Disability for Mental Impairment, Part 1

Thursday, April 15th, 2010

There are a wide variety of mental disorders which are grounds for Social Security Disability benefits, including but not limited to:

1. Autism/developmental disorders
2. Personality disorders
3. Psychosomatic conditions
4. Panic attacks/anxiety disorders
5. Mental Retardation
6. Depression and Bipolar Disorder
7. Psychotic conditions
8. Mental impairment stemming from traumatic brain injury

The social security administration has a book, called the “blue book” containing the criteria for any of these disorders to be approved for benefits.
Click here
http://www.ssa.gov/disability/professionals/bluebook/12.00-MentalDisorders-Adult.htm to see these criteria in more detail.

Legal assistance can be the missing link between winning and losing a claim. For more information, please use our convenient Click to Call feature, or call our toll free number at 1-888-777-AUTO (2886). There is never a charge for an initial consultation, no pressure and no obligation. In other words, it costs nothing to find out if we can help.