Showing posts with label Workers. Show all posts
Showing posts with label Workers. Show all posts

Sunday, September 19, 2010

Assault May Mean Different Things

Each case that carries a charge of assault will be different depending on the facts of the case. So before you contact a lawyer to assist you with your case, make sure you know specifically what you are charged with. Knowing this will make your lawyer's job a lot easier. For instance, depending on how the case is charged, the penalties may have a wide range of time in jail attached to them.

It's safe to say that, technically speaking, assault is a crime against a person or persons. Yes, this is pretty vague, but once the case gets to court, the judge will usually expand the definition so the jury (if there is a jury trial) understands the case at bar. For instance, if the charge is assault (bodily contact) of a person without their consent, this is assault. However, having said that, any violent act towards another individual without consent (the defining element) is also assault.

Often the terms assault and battery are partnered up, however, more often than not, battery is really a different kind of assault in a category on its own. In order to distinguish the differences as it pertains to what you are charged with, it's wise to speak to a highly skilled criminal defense attorney. Give your attorney all the details, holding nothing back, and let them outline what options you may have for the charges you're facing.

Having a highly skilled criminal defense attorney on your side is a good thing and it may mean a mitigated sentence. Once the attorney has the details of your charges they may be able to offer several options for handling your case - get the charges dropped, reduced, thrown out of court or possibly negotiated into an alternative justice program. The choices of course are ultimately yours once you have consulted with your attorney.

Thursday, May 13, 2010

Guide to Oklahoma Workers Compensation Benefits

If you have been injured on the job, you likely understand that there is a long list of requirements through which you must pass in order to secure the financial benefits you need to properly recover and hopefully return to work. Workers' compensation law in Oklahoma, like every other jurisdiction, can be quite complicated in nature. If you are having problems obtaining benefits, you should not attempt to handle the situation by yourself. Contact a workers' compensation attorney to review your case.

In the meantime, below are some basic considerations that are always relevant when it comes to workers' compensation claims and issues.

Intent behind Oklahoma Workers' Compensation Laws

Although it may come as a surprise to many, the intent behind workers' compensation laws in Oklahoma is to protect both the worker and the employer. Clearly, the laws in place protect the worker by way of providing for clear and nearly immediate benefits in some cases that allow the injured worker to get the health care he or she needs and to make sure that basic bills are paid.

These laws also protect the employer in several ways. Basically, these laws serve as a shield from most litigation against employees. The reasons are that the amount in benefits that an injured worker receives is pre-set by the Oklahoma statutes and that the employer will generally already have funds available for the worker given the company's contributions to the workers' compensation insurance fund.

Those Covered

The workers' compensation laws in Oklahoma cover all employees with very few exceptions. The only well-known exception for employers is a company that has 5 or fewer employees, all of whom are directly related to the employer. Otherwise, workers can rest assured that if they are injured on the job, there will be remedies and help available to them.

Generally, the Oklahoma Commissioner of Labor has the authority to oversee the workers' compensation program and claims and also to enforce the law and penalties should violations occur. In 1986, the state legislature enacted a law that provided the Commissioner of Labor the discretion to levy civil penalty fines of up to $10,000, and to file criminal charges with the District Attorney in cases of willful violation of the workers compensation laws.

Your Next Step
As you see, much of what happens when a worker is injured on the job is governed directly by state law. However, that does not mean that you should not seek immediate help from an Oklahoma workers' compensation attorney if you are having problems obtaining the benefits you deserve. Contact an attorney today if you need help enforcing your rights under Oklahoma law.