Category Archives: Legal

Legal News You Can Use: Work, Disability and SSD in the Age of COVID-19

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Photo by Charles Deluvio on Unsplash.

From New London to Los Angeles and beyond, the world has shut down to contain and fight the COVID-19 virus. The global lockdown has upended life for billions who now find themselves isolated in their homes.

While the isolation of self-quarantine and the anxiety of worrying about the illness that could lead to death is an alien experience for most people, it is for many disabled people a way of life that is not entirely new. Many who are unable to work because of injury or illness are excluded from the hustle and bustle of everyday life.

A recent article pointed out that even when those with disabilities can continue working, the odds of continuing their careers are long. After all, “people of working age with disabilities have an employment rate that is 28.6 percentage points lower than that of people without disabilities” the author stated, adding that only 4 percent of companies offer positions inclusive of disability.

It is almost impossible to find anything positive about the pandemic. Still, Americans have largely shown their best in dealing with the virus, going out of their way to protect not only themselves but to protect friends, family members, colleagues, customers and strangers.

Businesses have responded quickly to the virus, implementing home-work systems and customer-protection measures to keep us all safer.

The swift business adaptations have hopefully shown many CEOs and managers that companies can make simple accommodations that would successfully include valuable, productive workers who happen to have disabilities.

Of course, for those whose disabilities make them unable to continue working, no accommodations or adaptations will change their situations. They must instead turn to a social safety net, such as Social Security Disability (SSD) benefits.

Obtaining those benefits is a complicated process, however, requiring the disabled to complete and submit extensive and detailed applications and then gain approval from the Social Security Administration.

In many cases, applications are rejected. Appeals include revised applications and a hearing before an administrative law judge.

An attorney experienced in SSD appeals can guide you through the complex legal process and obtain for you needed medical records and physician statements, prepare you for the hearing and represent you before the administrative law judge.

This post is sponsored by Suisman Shapiro Attorneys-at-Law.

Editor’s Notes: i) During this challenging time, Suisman Shapiro is providing essential legal services via electronic communications that keep staff in touch with clients while, at the same time, keeping both groups safe.

ii) Attorneys at Suisman Shapiro can discuss Social Security Disability (SSD) benefits with you and answer your questions on the subject. Visit their website or call 800-499-0145 — lines are open 24 hours a day.

Legal News You Can Use: I Filed For Workers’ Comp: Can I Get Fired?

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If you suffer an injury on the job in Connecticut, the law protects you when you file a workers’ compensation claim. However, some employers may try to find ways around these anti-discriminatory laws. 

Your employer is not going to tell you they are terminating you because you filed a workers’ compensation claim. Most employers know it is illegal. Instead, an employer may try to find other reasons to fire you. 

Your type of employment matters

Like most states, Connecticut is an at-will state. Your employer can terminate your working relationship at any time, for any reason, as long as that reason is nondiscriminatory. But retaliatory termination due to a workers’ compensation claim falls under the discrimination category. The law protects you in this case. 

If you are a contracted worker, your specific agreement could contain a common termination clause. The clause usually stipulates that the employer can terminate you if you are unable to work for a certain length of time. Employers can legally use this provision to fire you if you cannot return within that period. 

It is important to note that retaliation is not the only prohibited rationale for termination. Your employer cannot fire you for filing a discrimination claim or for refusing to violate state or federal law as part of your job duties.

Reasonable accommodation hardship

If you can return to work after an injury but have permanent restrictions, you and your employer must discuss reasonable accommodations. Under the Americans with Disabilities Act, your employer cannot discriminate against you because you now need a reasonable accommodation. 

However, the ADA also states that if providing the required accommodation presents an undue hardship to your employer, the law may not require it. Your employer might try to use this to fire you, unfairly citing undue hardship as the reason for termination. 

When an employer retaliates against you for filing for workers’ compensation or otherwise tries to discriminate against you, you have protections under state and federal law. Pursuing a wrongful termination or disability discrimination lawsuit gives you the right to obtain compensation for the damages you suffered.

Attorneys at Suisman Shapiro can discuss Worker’s Compensation with you and answer your questions on the subject. Visit their website or call 800-499-0145 — lines are open 24 hours a day.

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Legal News You Can Use: Why are ‘Gray Divorces’ on the Rise?

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While the overall divorce rate has declined steadily over the past few decades, the number of couples over age 50 who decide to end their marriages keeps climbing. So-called ‘gray divorces’ have quadrupled since 1990, according to multiple studies.

Divorce can be an emotional and devastating experience for anyone, and it can be especially challenging for couples who have spent many years together raising a family and sharing many wonderful experiences as well as attaining a certain standard of living.

What are the leading causes of gray divorce?

Getting a divorce doesn’t have the same social stigma it once had, which has no doubt contributed to the surge, but there are many reasons why older couples choose to end their marriages, such as:

  • Financial management: Disputes over money are some of the most common reasons for divorce. Managing finances can be tricky, especially when one spouse controls the checkbook. Couples who constantly fight about money often decide to split.
  • Growing apart: Many couples who have been together for a long time say they have lost the spark they once had, especially after their children are grown and have left the house. Others say the relationship is just “not working out.”
  • Infidelity: Spouses who cheat on their partners are another leading cause of divorce for older couples. Relationship experts say baby boomers tend to be more independent than previous generations putting their needs and happiness ahead of others.
  • Living longer: Life expectancy is also much higher for baby boomers than it was for their parents and grandparents, and many older people are still healthy. Many who are struggling in their relationships believe that they are not too old to find happiness with another partner.
  • Addiction: Spouses who develop dependencies for drugs or other negative behaviors, such as gambling or sexual addictions also tend to put their needs ahead of others, and many refuse to get help. Those actions often spell the end for their relationship, even if their spouse has been supportive in the past.

Divorce can be a positive but challenging decision

Gray divorces create significant dilemmas for all members of a family, even if the children are adults. Dividing assets can be complicated, and many couples believe that they will need to go to court to get a fair outcome.

However, a compassionate and experienced family law attorney here in Connecticut understands how the process works. Your lawyer will look to avoid a court battle through mediation or a collaborative process, if it’s in your best interests, but will also fight for you in court if litigation is necessary.

Attorneys at Suisman Shapiro can discuss the divorce process with you and answer your questions on the subect. Visit their website or call 800-499-0145 — lines are open 24 hours a day.

Sponsored post by Suisman Shapiro Attorneys-at-Law.

Legal News You Can Use: What Happens When You Suffer From Chemical Burns?

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Chemical burns are a real problem in some workplaces. Whether you’re working in a chemistry lab or teach at a local university, you could be exposed to chemicals that could leave your skin burned and damaged.

Chemical burns can be caused by some common chemicals found in schools, homes and workplaces. For example, common products that sometimes cause chemical burns include:

  • Ammonia
  • Denture cleaners
  • Chlorine
  • Bleach
  • Battery acid

What are some symptoms of chemical burns?

Symptoms of chemical burns include:

  • Irritation or redness in the affected area
  • Loss of vision if the eyes came into contact with the chemicals
  • Numbness
  • Dead or blackened skin

If swallowed, some symptoms that might occur include:

  • Headaches
  • Cardiac arrest
  • Shortness of breath
  • Seizures
  • Dizziness
  • Low blood pressure
  • Muscle twitches

If you believe that you’ve suffered a chemical burn or that you’ve ingested chemicals at work, it’s important to call 911 or get to the hospital quickly. Your health care provider will then make a diagnosis based on your condition.

Chemical burns can affect the epidermis, resulting in superficial burns with a high likelihood of recovery. They can also cause burns that go into the dermis, which is a second-degree burn. Third-degree, or full-thickness burns, are when the subcutaneous tissues are involved.

Chemical burns must be treated as quickly as possible. The chemical needs to be removed from the skin or body in whatever way possible. Usually, the skin must be rinsed for 10 to 20 minutes with running water.

If you suffer a chemical burn at work, remember that your workers’ compensation coverage should cover your medical care and other losses.

Sponsored Post on behalf of Suisman Shapiro Attorneys-at-Law.

Legal News You Can Use: Do You Know the True Purpose of Alimony?

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Alimony is an important protection for some divorcees. If you are divorcing, it might be something you’re looking into seeking, too. Do you know how it’s determined? Do you have any idea about how much you need?

Here’s a little more about alimony, so you can understand what to expect.

1. Alimony is decided by the courts unless you and your spouse agree on an amount

Alimony is decided by the courts, but you and your spouse can decide on an amount yourselves in advance if you’d like. If you want to make up your own mind about how much you need, then you should sit down and budget. Find out how much you need in alimony to make ends meet, and then you and your spouse can talk about an amount that is feasible and how long it should be paid.

2. Alimony is designed to help a lesser-earning spouse and to “pay them back” for their support

Alimony has a few purposes. One purpose may be to help spouses who gave up their careers or who earn less and need time to make up the financial differences caused by moving out. Alimony can also be used as a way to pay them back for financial support while one spouse went to school.

3. Lump-sum alimony helps you avoid long-term obligations

Lump-sum alimony is a good way to avoid long-term obligations. With lump-sum alimony, the payer doles out the whole amount versus monthly installments. With lump-sum alimony, the recipient doesn’t have to worry about payments not being made, and neither the recipient nor payer have to stay in touch (unless for other reasons).

Attorneys at Suisman Shapiro can speak with you more about alimony and answer your questions on the subect. Visit their website or call 800-499-0145 — lines are open 24 hours a day.

Sponsored post on behalf of Suisman Shapiro.