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Business Risk in New Jersey: What if You’re Convicted of DWI?

There are many consequences for driving under the influence or driving while impaired. Convicted parties often face fines, jail time, rehabilitation, and impound fees. In addition to providing a short-term burden on a convicted person, these ramifications can negatively affect one’s professional life in several ways.

Loss of Freedom and Time

A conviction for driving under the influence may result in incarceration for a brief period. In business, time is money. Workers and managers who are inexplicably absent for more than a couple of days will be terminated. In a difficult economy where underemployment is an even greater threat than unemployment, finding a new job to replace the old one may be impossible. This can result in a prolonged loss of income.

This problem is of particular concern for small business owners. Without a reliable and trustworthy staff to keep the business operational, the company is likely to lose a large amount of money as customers go elsewhere and vendors demand payment. Many small businesses are sole proprietorships, where the owner is the sole employee. In such circumstances, a jail sentence can result in significant economic harm.

Fines, Fees, and Surcharges

Individuals convicted of driving under the influence in New Jersey are fined within specified statutory ranges depending upon intoxication levels and whether a conviction is one’s first offense. These fines range from $250 to $1,000, which may not sound like much. However, the initial fines are only a slight portion of the overall picture. New Jersey also authorizes an annual insurance surcharge, and according to sources at the Evan Levow lawyers group, “they will surcharge you thousands of dollars over 3 years” for being convicted of driving under the influence for the first or second time. Motorists convicted a third or more time will face a $1,500 annual surcharge. Alcohol treatment programs are also a common feature of convictions for driving under the influence, as are various smaller fines assessed by the court.

Small business owners do not always have thousands of dollars in spare funds lying around to hand to the government. The fines stemming from a conviction for driving under the influence can significantly impact their operations, as fines result in a direct loss of available investment capital. In addition to losing the value of the investment capital, business owners also lose the financial leverage that comes with that capital; reducing the amount of collateral or reducing the amount available to make a down payment on a vital asset can increase the costs of financing the asset.

In some situations, it may impede the owner’s ability to finance an asset at all. Financing new assets such as machinery or vehicles is always easier with a larger down payment. If the owner must delay or forego a new investment altogether as a result of a brief loss in capital, he or she will experience a reduction in long-term productivity and income.

Reduction in Mobility

License suspensions are a common feature of convictions for driving under the influence. In most states, persons convicted of driving under the influence may obtain a hardship license to drive to work and other specified locations. Unfortunately, New Jersey is not one of those states. Persons convicted of driving under the influence in New Jersey are not eligible for a hardship license

As a result, a person convicted of driving while intoxicated must make arrangements to get to work reliably if they expect to keep their jobs. Being forced into an office carpool because your license was suspended will not endear you to your coworkers. Additionally, a suspended license is likely to result in instant termination from any job that requires any driving or heavy equipment operation. In addition to being unable to fulfill basic duties at work, a suspension may result in termination for liability reasons.

Convictions for driving under the influence pose other challenges as well. Individuals convicted of crimes may lose their security clearances, felons may be unlikely to obtain quality jobs and well-known individuals may see their standing in the community reduced. Businesses must routinely make investments in new personnel and equipment with the expectation of future gains. If you are convicted of driving under the influence, you should invest in a top-quality defense attorney with experience in handling such cases. Such an investment may not result in a net gain, but it may help prevent a substantial loss.

Ann Bailey reports on these conditions for any small business owner with an alcohol related arrest in New Jersey. The Evan Levow lawyers group is dedicated to vigorously defending any client’s rights and interests after being charged in a DWI in any part of NJ, regardless of the incident circumstances.

Photo Credit: http://www.flickr.com/photos/dan4th/201313949/

Most Common Employee Injuries and How to Prevent Them

There are certain occupations that automatically bring up visions of accidents and injuries by simply thinking of them. These jobs are often industry specific, and they can range from roofing to highrise building construction. It’s important to know, however, that an individual can be injured in absolutely any type of workplace. This fact becomes quite apparent after considering some of the most common workplace accidents and injuries.

Automobile Accident Injuries

While everyone knows the inherent dangers of traveling on America’s highways, those who drive for a living face this danger on a daily basis. Sadly, accidents on the open road can lead to broken bones, whiplash, traumatic brain damage and even death. On top of this, personal injury laws usually mean that the driver and their employer will wind up in court in one way or the other.

Avoiding these accidents is imperative. The most important advice anyone can take is to pay attention to what they’re doing. Recent data shows that nearly 20 percent of all auto accidents are caused by distracted driving. By simply putting the phone down and paying attention, employees on the road can minimize their chances of being injured.

Lacerations and Cuts

Cuts and lacerations are a common injury in industries where employees use sharp objects. Luckily, most of these injuries are minor, but on occasion, not wearing protective gear can lead to serious accidents involving these dangerous objects. Whether working with meat slicers, butcher knives or even perforating cutting tools, wearing the appropriate safety gear can prevent otherwise infrequent accidents.

Slips and Falls

Slip and fall accidents are one of the most active areas of personal injury law in the legal system. Oftentimes, when these accidents occur in the workplace, they are covered under workers’ compensation insurance; but certain employees, such as seamen in the shipping industry, actually retain their right to bring personal injury suits against their employers.

In addition, when reckless negligence leads to a workplace accident in any industry, most employees have the right to sue. Between the injury and the possible settlement, both the employer and employee are going to be hurt in this scenario. This is why it’s important to immediately mark and cleanup liquid spills, correct any landscaping problems that present a tripping risk and also ensure that slip-resistant shoes are being worn in slip prone industries (ie. food service).

Sprains and Strains

Sprains and strains can occur easily when a person overexerts themselves. Overexertion is actually the leading cause of workplace related injuries. This means that there should always be proper techniques in place to minimize these risks. Workers who must move large or heavy objects, for instance, should always have help. It’s also important to not try to lift a heavy object that is over one’s head; a person should get on eye level with it, especially if on a ladder, before attempting to lift the object.

Struck by an Object

The Liberty Mutual Research Institute for Safety compiled some of the most common workplace injuries and accidents, and being struck by objects landed in the top five. This usually occurs when an object falls and strikes a person. This can lead to head, neck and other bodily injuries. Luckily, there are a few ways to minimize these risks as well.

Many industries have an inherent risk of objects falling on people. In these industries, proper safety gear (ie. hardhats) and warning signs should be utilized. A premises liability attorney, such the North Carolina law offices of Powers McCartan, can offer valuable advice about safety issues. It’s important for workers to receive proper safety training to learn how to avoid accidents, such as not walking under ladders, keeping a clean work site and, in certain industries, properly securing loads before they’re moved.

The simple truth is that anyone involved in any industry can be injured on the job. These injuries can lead to high medical bills, increased insurance rates, personal injury lawsuits and lost productivity. Only responding to these incidents in reactionary terms is a huge problem in every industry that can make the occurrence of the aforementioned consequences more likely. When proper safety measures are adhered to however, plenty of heartaches can be prevented for both the worker and the employer.

A former news writer, Ann Bailey encourages small business owners to be aware of these top employee injury areas. The law offices of Powers McCartan are experienced in all types of employee injury cases, and have valuable information for any small business in North Carolina wanting to avoid potential employee safety hazards.

Photo Credit: http://www.flickr.com/photos/carbonnyc/3993866642/

What Small Businesses Should Do to Protect Employees from Catastrophic Weather

As an employer, there are many things that you must consider when it comes to the safety of your employees. Installing alarm systems and security lights, ensuring that walk ways are free from debris, and maintaining machinery are just a few examples. However, one thing that many employers overlook is safety from weather conditions.

Severe weather can happen at any time. Depending on the area of the country in which you live, you may be faced with tornadoes, hurricanes, winter snow storms, heavy thunderstorms, or even earthquakes. It is crucial that you have a weather emergency plan implemented in your place of business.

What You Can Do To Keep Your Employees Safe

• Have a designated emergency shelter area. You want to make sure that there is a safe place that your employees can retreat to in the event of strong storms, tornadoes, or hurricanes. You may want to have an empty supply closet or meeting room designated. Create specific instructions for your employees to follow in these types of situations.

• Make snow removal plans early. Make sure that you have a snow removal service in place to ensure clear walks and driveways. Coat these areas with the appropriate de-icing agents to ensure that they do not become too slippery for safe passage.

• Have a fire contingency plan in place. Fire Drills are not just for school kids. Make sure that all your exits properly work and are always accessible. Review your fire drill procedures monthly with your employees.

• Review building codes and regulations. Make sure that the office/building that you are in is in compliance with all building code regulations for weather. As reviewed by Indianapolis personal injury attorney, Randy Sevenish, “Personal injury or “tort” claims cover a wide range of physical or emotional injuries caused by another’s actions or failure to account for (a victim’s) safety.” If you have employees in a hurricane area, for example, you will want to ensure that you have the proper glass in your windows to withstand high winds. If you are in a heavy snow area, you will want to ensure that your roofing is fit to carry the weight of the snow.

• Provide first aid that’s readily available. If an emergency occurs, you also want to be prepared to administer any type of emergency care possible. This may include having compresses that can be “cracked” to provide cold or heat relief and bandages. If possible, have a way to contact emergency personnel included with your kit.

If you are not sure how to go about creating an employee emergency plan, or what should be included, you are encouraged to contact a personal injury attorney for advice. An attorney that specializes in injuries can offer the best advice on how to prevent injuries to a business owner. Additionally, a personal injury attorney can review your current plans to ensure that they are complete and in compliance with any laws in your area.

One of the best ways that an employer can prevent injuries from occurring, even during a weather event, is to be prepared. Have a plan in place, and make sure that your employees are trained in all aspects of this plan. Implement safety meetings, and depending on the season, review the weather safety protocols at those meetings.

As a news writer and reporter, Ann Bailey covered numerous emergency weather conditions, now compiling these steps for business owners to follow. Indianapolis personal injury attorney, Randy Sevenish works strenuously for compensation for his clients involved in injury accidents at the fault of their employers or other liable parties.

Photo Credit: http://www.flickr.com/photos/usacehq/5913266168/

Your Business Website: Will Clients Like What They Find?

The purpose of a business website is to promote a company in some fashion. Whether a company is selling products or providing services, the site needs to incorporate all of the technical aspects that make it both web-visitor and search-engine friendly. The ability to do this is no small feat. That’s why serious businesses utilize professional web builder and SEO services to ensure that they can receive the best possible results.

Everyone has heard, time and again, that the customer is always right. The way that this is applied to web design is that when people arrive at the site, they need to feel welcomed. If not, just like in a brick and mortar store, they will leave. Added to the challenge is that web visitors are impatient – they simply are not going to stick around if there is nothing worth looking at on the site. Because there is so little time to engage them, every second counts when visitors arrive at a website.

What are Customers Expecting?

First, what are they not expecting? There is nothing more annoying to a web visitor than a poorly designed website. An ugly or outdated site is not fun and it wastes time. Therefore, your website simply must be designed properly – and that is best done by an expert web builder. Secondly, the site must be user friendly. The layout should be clean and simple, with links that make sense and work properly.

Who’s Looking Anyway?

There are generally three types of people who could arrive at a website for any given reason:

1) Random strangers – People who know nothing about the business have landed on the page due to a related search. Theoretically, they could still be converted to customers or refer the site to others they believe would find it useful. Therefore, the site should contain something of value to the average person, if possible, such as current and relevant articles that solve a problem.

2) Friends of Yours – They like your cause or business. These are people who probably know your URL and may visit on a regular basis. To keep these people engaged, there should always be fresh content to lure them in. One great way to accomplish this is by encouraging people to visit the site through a newsletter or membership.

3) Fans – These are more avid web visitors who regularly come to the site for — you guessed it – the same thing that friends come there for and more. These are often consumers who make regular purchases, so it is very important to ensure that they stay loyal.

Do You Have Fresh Content?

The one thing that all three of these types of web visitors have in common is that they want great, fresh content to be inspired for repeat visits. One added bonus about fresh content is that it also makes the website more search engine friendly. So it’s a win-win for everyone! Customers get something of value, the site stays at the top of the search engines and you have far more potential to:
-Keep customers engaged
-Engage new prospects
-Attract new customers
-Make more sales

Because websites are on the Internet and available for most everyone to see, it is important for serious business owners to ensure that their sites present the most accurate and relevant picture of their offerings possible. When a site is is visually appealing and constructed well by a professional SEO company, such as www.eversparkinteractive.com, it is more likely to attract, and keep, all kinds of visitors.

Since there is only one chance to make a first impression – a site really must make those clicks count! Professional web design is the only way that businesses can ensure that their sites will include both technical and marketing best practice techniques. This is absolutely critical in order to consistently gain and keep a loyal following and attract target markets.

As a writer in the arts and business fields, Ann Bailey sees the beneficial effects of good web design daily. The professional web and SEO builders at www.eversparkinteractive.com put every client’s web design on the cutting edge of internet business presence.

Photo Credit: http://www.flickr.com/photos/chasingdaisy/5843303770/

Could Your Employee Medical Records Be Needed in Malpractice Lawsuits?

Most small business owners and other entrepreneurs never fully contemplate all of the issues that they’ll face once they start running their own business. Some of the most unforeseen outcomes are those related to the legal world. These issues can include liability insurance, personal injury claims and even environmental damage lawsuits. One legal issue that many business owners are likely to come across, however, is subpoenas for medical documents related to their employees. These are sometimes needed in medical malpractice lawsuits, and unfortunately, they can sometimes leave employers in a little legal trouble of their own.

Why Medical Records May Be Subpoenaed

There are numerous reasons why, in a medical malpractice lawsuit, an employer may be asked to hand over certain information about their employees medical health. The main reason, however, is to prove whether or not an employee had any illnesses or injuries before their medical mishap. Interestingly enough, several employee documents can help in these situations, including:

Employee insurance plans
Documentation related to sick days taken
Previous workers’ comp claims
Documentation of other issues at work

As previously mentioned, these documents can go towards showing whether a person had prior injuries or illnesses, and this can be vital during a medical malpractice suit. This type of suit, whether you consult a Montana lawyer or a Maryland medical malpractice attorney, must show that a doctor provided a sub-par level of care when compared to others in his field. In addition, this sub-par level of care must be what contributed to the harm that a patient received.

All of this simply means that even if a doctor was negligent in his level of care, he won’t have to pay compensation if he can prove that a patient was already having issues in relation to the alleged damage caused by the neglectful care. Similarly, these documents can go towards proving that an employee had been perfectly healthy before undergoing treatment from their doctor. In a medical malpractice suit, these records could be detrimental for either party to the suit.

When Employers May Disclose Info

Unfortunately, whenever parties of a medical malpractice suit decide to drag an employer into the mix, it puts that employer in danger of being held legally liable for certain acts as well. This usually makes it pertinent for an employer to get advice from a medical malpractice lawyer on what their rights and responsibilities are in this specific situation. Since these specialized attorneys work in this world every day, they know what may or may not get a business owner in trouble.

One major issue employers can run into is the Privacy Act of 1974. This law prohibits certain information from being disclosed about an employee short of having that employee consent to its release. This isn’t a problem when it’s the employee requesting the information, but when a medical institution instigates the request, this can lead to trouble. There are twelve exemptions that would require employers to disclose this information anyway, such as having a court order (not necessarily a subpoena), so it’s important to have someone knowledgeable about this specific area of law on hand.

Medical malpractice is a complex issue, and usually only experienced lawyers in the field know all of the system’s nuances. This means that even though an employer may never be a party to a medical malpractice suit, they should at least speak with an attorney who specializes in it. This will ensure that they avoid any liabilities in the sometimes likely event that they’re approached for these employee records. It can literally mean the difference between simply handing over a few documents and ending up in court themselves.

A former TV news writer, Ann Bailey posts these pointers for business owners regarding their employee medical records. The Maryland medical malpractice attorney group at Price Benowitz, LLP conscientiously represents victims of medical malpractice and is also able to advise employers about medical recording for personal injury claims.

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