When Can I Sue Outside of Workers’ Compensation?
What happens if you were injured by a defective product on-the-job and want to bring a lawsuit against a manufacturer? What if you were injured by a toxic substance, because of employer’s gross negligence, or if your boss doesn’t carry workers’ compensation insurance? These are all questions you may have when you have received a workplace injury or illness. If this is the case, you may not have to rely on workers’ compensation to pay for your medical bills and more. Instead, you may be able to outright sue for damages caused by your injuries. The truth is, workers’ compensation can’t do everything. It won’t pay for things like pain and suffering or provide punitive damages to punish an employer when they haven’t been following safety standards. This is why it may be in your best interest to consider a lawsuit. How to Bring a Lawsuit in Specific Areas So, have you been injured or fallen ill due to one of the previously mentioned reasons and wonder what you can do about it? Now you can find out how to handle a case. Defective Products: What happens if you were injured because a piece of equipment is inherently dangerous and didn’t work properly? Then the manufacturer of the machine or equipment can be held liable, but only through a lawsuit. In this case, you would be compensated for medical bills, lost wages, and maybe even pain and suffering. You may be able to file a claim if your employer forced you to use the equipment even if they knew that it was dangerous. Toxic Substances: You may also work around toxic substances that can cause severe illness and injuries. Some of the most common substances include asbestos, benzene, chromium compounds, silica, and radium. If the substance can harm you, then it may fall under a “toxic tort” lawsuit. Workers have been successful over the years in these cases because they could receive very serious illness such as cancer and lung disease from being around the substances. You should speak to an attorney as soon as possible because, the longer you wait, the more complicated the issues could become. Employer’s Conduct: In some cases, an employer may have even hurt you on purpose. This means that you will be able to sue your employer for damages if you can prove your case. Let’s say that an employer bumps you out of the way on purpose and you fall, injuring yourself on a piece of equipment and receiving permanent injuries. You would be able to sue the employer out of the workers’ compensation system because the conduct was intentional. No Workers’ Compensation Insurance: What happens if your employer doesn’t carry workers’ compensation? You may be able to sue in court for your injuries. You may be able to score more money than the workers’ compensation system would allow; however, you will have to prove that the employer was at fault for your injury, which makes the case a bit more difficult. Third Party: Perhaps the injury was not due to a product or behavior of the employer. In this case, you will be able to sue another person for damages. If a third party intentionally caused you to become harmed, you should speak with an attorney. We are there for you in your time of need. We understand how tedious it can be to file a lawsuit and appear in court for your injuries, so we are here to help you through the complex matters. Call us today at The RAWA Law Group so we can get started on handling your case.
EB-4 Visa Limits Reached for Immigrants
The Department of State follows something known as the Visa Bulletin, which shows when immigrants can file for visas and much more. For August 2016, there has been a final action date of January 1, 2010 added for EB-4 visas for special immigrants in India. What does this mean for these immigrants? Starting August 1, applicants from India who have filed a Form I-360 on or after January 1, 2010, will not be able to obtain immigrant visas until more become available. The fiscal year of 2016 ends September 30 and India has already reached its EB-4 visa limit as mandated. This means that these immigrants must wait until more information becomes available on the Department of State’s October Visa Bulletin in September. As of right now, USCIS will be accepting all properly filed submissions of Form I-485 under the EB-4 classification until July 31, 2016. They will also continue to adjudicate applications while the visas remain. If you happen to file your I-485 under the EB-4 classification on or after August 1 2016, the USCIS will process and make a decision only if you filed your Form I-360 petition before January 1, 2010 and the form is approved. They could reject and return applications for Form I-485 but continue to process Form I-360 petitions. More About EB-4 Category Visas Each year, approximately 10,000 green cards become available for a special category known as EB-4. This category of employment-based green cards is a bit unusual and refers to “special immigrants,” some of which have no real connection to employment of any kind but instead work as ministers or religious workers who have received job offers from religious organizations in the United States. It also contains subcategories like medical graduates, former U.S. government workers, and international broadcasters. Of the 10,000 green cards offered every year, no more than 5,000 are allotted for non-clergy religious workers. Usually the limit will not be reached by the end of the year, which means that applicants may not wait as long of a time as people applying in other categories. As soon as the petition is approved by the U.S. Citizenship and Immigration Services, in many cases, they can go about the rest of their application as necessary until everything is handed in by the deadline. However, to be able to achieve EB-4 Visa classification, you must qualify. Here are some of those requirements for the most important categories: Ministers or Members of Clergy: People authorized by religious denomination are permitted to apply. This includes such people as ministers, priests, rabbis, monks, commissioned officers of the Salvation Army, and deacons. The only real limits that are placed involve who can and cannot call themselves a minister. If the person does not have a qualification or formal recognition, they need not apply. To show proof, typically a license or certificate is needed. Other Religious Workers: This is somebody who works in a religious vocation or occupation. They must be able to perform normal religious duties while not actually serving as clergy. It does not include maintenance workers but instead people who are religious instructors, counselors, cantors, workers in religious health care facilities, and more. It also does not include volunteers. Now that you understand the EB-4 category and the limits reached for immigrants for this year, you can give us a call to help handle your case. Immigration law can be complex and you may need legal guidance on your side. Give us a call at The RAWA Law Group for more information on how to get started today!