Know Your Rights on Slip and Fall Injuries

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Slipping and falling causes thousands of injuries each year, some of them causing people continual suffering and expense. If the fall occurs on someone else’s property, there’s a chance that the victim could sue the property owner. It falls under the category of law known as “Premises Liability.”

Anyone who allows others to enter their property is liable for most injuries that happen on that property. But there are some questions that need to be answered before blame can truly be assigned.

For instance, injuries can be caused by a number of situations, like puddles, broken or uneven flooring, missing hand rails, debris in the walking space, and other situations.

Here are some questions you should ask before filing a law suit against a property owner:

  • If a person slipped on a spilled liquid, was it there long enough for the owner to be aware of it and clean it up?
  • Is the property regularly cleaned/maintained? If so, is there proof of such a cleaning regimen for the  property?
  • If the victim tripped over something, like a stack of boxes, was there a good explanation of why the boxes were there? Could they have been stored out of the way, or should there have been a barrier or sign that kept people from getting hurt by them?
  • How was the lighting in the slip and fall area? Was it hard to see?
  • Was the victim paying attention to what they were doing?
  • Did the victim have a valid reason for being on the property?
  • Is it reasonable that the victim could have avoided the slip and fall?

Know your rights and ask questions; many lawyers, like a personal injury attorney Southern California law firm, will allow a free consultation before filing.

Filed Under: Disability Rights Tagged With:

Receiving Benefits while Unemployed or Disabled

Handicapped

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Individuals who are struggling during times of unemployment, or who suffer from disabilities that render them unable to work may not know what options they have. There are government programs which are designed to assist those who have fallen on hard times.

Unemployment is a benefit given to a person who has been recently laid off from a job and is actively seeking employment. In an economy that is currently struggling, many companies are forced to cut costs and reduce the number of salaries that are being paid. The money received as unemployment is paid by employers as part of the insurance premium. There are also assistance programs to extend health benefits for individuals and families. Those who are receiving unemployment must be applying for jobs frequently in order to continue to receive payment. As soon as a position has been obtained, the unemployment money will stop.

Disabled individuals can qualify for social security benefits when a medical condition prevents them from performing basic tasks, and will last at least a year. There is a website that lists out the requirements and provides forms that need to be filled out in order to apply. The application process can also be done at a social security office, but this typically takes more time.

Anyone who is attempting to receive either social security or unemployment dollars must be at least 18 years old and a legal U.S. resident. Choosing to seek these benefits can be a very useful way to make ends meet between jobs, or when someone is simply unable to meet the demands of employment.

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Your Social Security Rights

There is a right in the United States of America to receive Social Security Benefits to help you financially survive a serious disability. However, despite this program being ostensibly created to benefit those in need, receiving benefits can often be difficult to obtain.

To begin with disability payments cannot be paid out until an individual has been disabled at least five months.  You have a right, however, to continue to receive this financial benefit as long as you are unable to return to work due to your medical disability. However, in most cases, those who are disabled for one reason or another generally recover eventually, or are rehabilitated to the point that they are able to return to work.

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It is the responsibility of the disabled individual to contact the Social Security Administration if there is any change in his ability to work, or if he returns to work or if the individual’s medical condition improves.

Should the disabled individual disagree with the amount of the benefit, or any other decision made by the Social Security Administration (SSA), he has the right to appeal.  It must be in writing and arrive at the Social Security office within 60 days following the receipt of the decision sent to the disabled person.  The disabled person also has the right to hire an attorney and engage in legal action in order to obtain the rights granted him through this program.

Benefits should be received according to the date of birth of the disabled individual.  if not received on the due date waiting three days before filing a report with the Social Security Administration is suggested.

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Understanding Rights of the Disabled

 

 

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People with disabilities require a special degree of attention and care. Whether it be their day to day activities, commuting locally or international travel, the logistics and environment have to be constructed in keeping with their unique requirements. However, it isn’t enough to provide infrastructural support to the disabled. Just the way people with disabilities needs require special attention to detail and additional support to perform their daily tasks; they also have the need for special rights.

 

According to the United Nations Convention on the Rights of Persons with Disabilities, a disabled person is defined as people who have long term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society and on an equal basis with others. There are certain specific additions to the rights of disabled people. Some such rights include:

 

  1. People with disabilities have the right to be treated as equals with the rest of the society. Discrimination against the disabled is prohibited under the law.
  2. The disabled have equal rights to life, freedom and security as anyone else in the society at large.
  3. Abusing a disabled person within or outside their home is a crime.
  4. They have equal rights to accessing transportation, technology, communication and information that is available to the public in general.
  5. The right to having housing facilities at par or at reasonable prices with facilities designed to accommodate disabilities.
  6. They have equal right to education with curriculum designed to accommodate children with special needs.
  7. To have the highest level of physical and mental health services available to the society at large.

 

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Can Creditors Take A Social Security Disability Check?

Many people rely on their Social Security disability income to live on. These people have been deemed by a court of law that they are unable to work due to a legal disability and therefore rely upon government funds to meet their daily needs. However, what happens when those people have an existing debt that a creditor is trying to collect on? What are the laws and rules against collecting debts against social security disability funds?

 

A federal law was passed that prevents any type of private collector from collecting upon a debt by garnishing or freezing any social security disability funds. This means that a collector can still collect money from the person but they cannot take money directly out of the disability check as they can with a regular payroll check. However, the federal law does allow the federal government to collect on the amount.

 

While a private collector cannot collect the money directly from the social security disability checks they can go around it. Many private collectors will take the person who owes the debt to court and receive a court injunction to freeze the bank account. This means if the person has their social security disability check directly deposited into the bank account they could have their funds frozen. Bank accounts that contain a combination of private and government money can be frozen by a creditor which will create problems for those that collect a social security disability check.

 

To prevent yourself from getting into this situation it is a good idea to make sure that you use a bank account solely for disability money. This will prevent a creditor from getting an injunction against your bank account as they cannot freeze a bank account that contains only disability money. However, it is wise if you owe a debt to try to work with the company to pay it off before they try to get an injunction against you.

 

Filed Under: Disability Rights Tagged With:

Disabled Women’s Rights

Women should demand for having equal rights as men everywhere else. When it comes to disability, women need to enjoy certain rights more than other disabled people. Women need to be treated with more respect and any discrimination towards them should be abolished, especially the ones with any kind of disability. Women along with the rights of disability will also have reproductive right which when combined need to be protected. There is a strong connection between the disability rights and the reproductive rights, whereas the reproductive rights have a strong connection to human rights.
People often promote decision making or reproduction that are eugenic. This ends in stigmatizing disabled people who rather present disability to go through hardships and sufferings throughout their life. The presumption that people with disabilities have no right to live needs to be eliminated for the well-being of women around the world who face various social and emotional rejections. The hard ships that women go through the rest of their lives is not comparable to the hard ships that a guy faces with a disability. Though the two cannot be combined, in the case of disabled women it becomes much tougher since they cannot find a suitable partner with whom they can spend the rest of their lives. People who hold the rights of a women connected with disability, also withhold her rights that are connected with reproductively. This prejudice against women has to be stopped around the world and the focus should be towards their improvements instead of discriminating them. There are certain people in the society who keep these manifestations that made living with a disability for women much tougher than it is. The fact that people rate reproductive rights above the disability rights of a women has to de advocated making way for more rights when it comes to the disability of the women.

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