Workplace Issues | BizSieve.com

New Hampshire Storm Recovery: Is it Safe to go Back to the Office?

The year 2012 was not kind to the Northeast. Many buildings were damaged by severe weather, leaving property owners with the task of clearing up damage from wind and water. Hurricane Sandy brought flying debris, shattered windows, and flooded buildings, causing clear structural damage. Some of the damage is less obvious; flood-waters can introduce mold and other contaminants into buildings and cause electrical issues. If a damaged building is not fully repaired before work resumes, employees can get hurt.

Property Owners and Premises Liability

New Hampshire closely follows other jurisdictions in setting the liability that property owners have to individuals on their land. In New Hampshire, property owners have a general duty to maintain their property in a reasonably safe condition. This duty includes a duty to warn persons about hazardous conditions on the land and take action to protect them from reasonably foreseeable harm. A failure to warn about the defect, remedy the defect, or act reasonably will render the property owner liable for any injuries that result. Unlike other states, New Hampshire does not distinguish between invitees, licensees, and trespassers.

This distinction largely applies to guests, first responders, and other people who are not employees. If a non-employee is injured as a result of a condition on the land, injury lawyers NH can guide them as the above test applies. If the owner did not provide an adequate warning to the non-employee about the hazard and if the owner did not repair the harm, the property owner will be liable for the non-employee’s injuries. Injuries to employees are different; they are not normally handled through the tort system.

Workers’ Compensation

When an employee is injured at work, the employee will be compensated for his or her injuries through the state’s workers’ compensation program. This applies whether the injury was a cut from broken glass, electrical shock from a shorting outlet, blunt force trauma from a physically collapsing structure, or a long-term illness arising from exposure to mold. The nature of the injury matters little; if it was incurred while acting within the course and scope of one’s employment, it will be covered.

Workers’ compensation in New Hampshire offers injured parties a variety of benefits. In all cases, the employer will pay the employee’s medical costs including hospital care and rehabilitative costs. Employees are entitled to 60 percent of their wages if they are unable to perform any work. If the injured claimant can perform some light work, the injured claimant will be entitled to 60 percent of the difference between his or her old salary and his or her new salary. Claimants receiving full disability benefits, no Social Security Benefits and less than 60 percent of New Hampshire’s average wage are also entitled to a cost of living adjustment after three years.

Not all workers’ compensation claims are paid immediately. If the insurer believes that more documentation will be necessary, the insurer may delay payment until it is satisfied or deny an otherwise legitimate claim. If a legitimate claim is denied or if the insurer is making frivolous requests, contacting the state’s Department of Labor and lodging a complaint may resolve the situation. Those employees not covered under workers’ compensation should consult with a personal injury attorney to discuss options for recovering compensation. A lawsuit for negligence may be possible.

Ann Bailey has formerly reported for daily news outlets and offers these distinctions to help anyone injured while at an office in New Hampshire. Tenn And Tenn, PA are injury lawyers NH that represent clients for maximum recovery of their wages and benefits lost because of their office and other work injuries.

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Business Delivery Service: What Happens When there’s an Accident?

Home delivery is a convenient feature for consumers and a competitive advantage for businesses. Many small businesses offer home delivery to make consumption easier for customers. Unfortunately, time on the roads results in greater exposure to severe weather, poor drivers, and other traffic hazards. When an accident occurs on one of the deliveries, businesses should take preventative action to avoid liability. This is the case regardless of whether the employee was at fault. Failure to do so may lead to a frivolous claim.

Determine Whether the Employee Is Injured

Avoiding liability is important, but the health and safety of all employees comes first. Money and company vehicles can be replaced; life cannot be easily replaced. If the accident was sufficient to disable or severely damage the vehicle, the employee may be injured. If the employee is injured, he or she will probably be receiving medical attention by the time the restaurant owner is notified of the incident; if not, encourage the employee to visit a doctor for an examination.

If an employee is injured, determine whether the employee is able to come back to work relatively soon. If the employee will be unable to return to work at his or her full capacity, provide the employee with the appropriate paperwork to file for workers’ compensation. The forms will provide the employer with legal notice of the injury and an application for workers’ compensation. The employer will need to fill out its own workers’ compensation form, OWC-8, and submit it to the Department of Employment Services no longer than 10 days after receiving knowledge of the employee’s injury.

Collect As Much Documentation As Possible

In any accident in which the worker was not at fault, it is still possible that the other driver will attempt to file a lawsuit of some type. In these cases, documentation will be key to thwarting the plaintiff. Collect police reports, the employee’s driving history, and any other documentation relevant to the collision. The insurance company will want a copy of the police report unless the at-fault party admits liability.

Repair Or Replace The Damaged Vehicle

If the accident involved a delivery vehicle owned by the restaurant, replacing the vehicle in a timely manner is important. The vehicle is an important revenue generating asset. Begin the claims process as soon as is practical. Alternatively, contact the business’ insurance provider and file a claim with them; this may result in a quicker replacement of the vehicle, but may also result in increased rates. Discuss the matter thoroughly with the business’ insurance provider before filing a claim with them. Do not admit fault to either insurer.

Protect Yourself with Legal Counsel

If the other driver was at fault, a car accident lawyer will be useful in warding off frivolous claims. Automobile accidents involving commercial drivers can involve claims against the business, regardless of whether the business or the driver was actually at fault. Plaintiffs will sue the driver and the business, arguing that the business is vicariously liable for the driver’s perceived negligence. Additionally, plaintiffs will allege negligence on the part of the business, usually under the theory that the business owner failed to train the employee in proper driving procedures, failed to supervise the employee while driving, failed to verify the driver’s record, or other numerous theories of liability.

If an employee is involved in a collision while acting within the course and scope of his or her employment, businesses should prepare for a workers’ compensation claim and even a civil lawsuit. If the other driver feels that he or she was not at fault or if the other driver simply believes that he or she can get quick money with a frivolous claim, mounting a legal defense may be necessary. If an accident occurs, ensure that the employee is well, document the incident, and seek advice from legal counsel.

With small business owners in mind, Ann Bailey shares these helpful steps for coping with an employee work-related traffic accident. The Virginia car accident lawyer group at Price Benowitz LLP is on hand in the greater D.C. area to assist any client’s delivery business against frivolous claims in the event of a driver collision.

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When Office Conditions Are Hazardous: Who Protects the Boss?

Lawsuits and liabilities definitely aren’t the first things that a person considers when they dream of owning their own business and being their own boss. Unfortunately, it’s a reality that they must face. Whether from an employee or customer, small business owners often face liability when injuries occur in their place of business. There are times, however, when simply being in an office building can be dangerous, even for the boss. It’s important for all who own businesses to recognize these risks and respond accordingly.

Dangers that Business Owners Face

The only negligent parties people usually think about in office building environments are employers and workers, but the owner of the property can also cause injuries through their negligence. It is the duty of those who own and manage the property to ensure a safe environment for those who occupy offices in their building, and when they don’t, everyone, including the resident shop keeper, can suffer consequences.

Fire Hazards Fire hazards can be especially disastrous. If a business property is set up in any way that blocks exits, prevents early detection or creates a fire hazard, the landlord can be liable for any injuries caused by the incident.
Carbon Monoxide (CO) Poisoning Carbon monoxide is a toxic gas that can cause illness or worse in human beings. This gas can come from furnaces, gas powered engines and even refrigerators. The effects of this gas are deadly, and this applies to anyone, employee and management alike, who works in the building.
Undisclosed Dangers Any hazard in an office building that a property manager should have knowledge of is their direct responsibility to fix. A landlord who should’ve known that mold was growing in the duct system, for instance, could be held liable for illness related injuries that were caused due to the negligent act of not fixing the issue.

Preventing Injuries

Being proactive is the most promising way of avoiding injuries. Even though property locations are required to be safe, it never hurts for a tenant business to be vigilant in ensuring the safety of themselves and their workers. They should start by ensuring there are no fire hazards in the office.

-Check that all fire detectors are functioning properly

–Ensure that any windows that are supposed to open actually do

-Make sure that no exits are blocked or sealed

-Report any electrical problem to building management immediately

There are also ways to prevent carbon monoxide poisoning or death. The easiest is to invest in a CO detector. Also, if everyone in an office starts experiencing flu-like symptoms, a carbon monoxide leak may be the culprit. It’s important to report this or any other strange occurrence or danger that exists in an office to the premises manager.

Responding to Hazards

Whether you listen to a Santa Barbara or a Syracuse personal injury lawyer, you will hear that the critically important thing to do is report any possible hazards as soon as you notice them. Unfortunately, sometimes these hazards don’t become apparent until an injury actually takes place. In these cases it’s important to find an attorney who can help with the issue since medical and office bills can quickly add up.

Business bosses have the same rights as anyone else; when they’re injured due to another’s negligence, in this case the landlord’s, they’re likely to lose considerable money and have the right to compensation. It’s sometimes difficult to prove, however, that the property owner should’ve known about the danger. This is why it’s so imperative to have an injury attorney go over the situation and figure out exactly how the claim should be handled.

Accidents can happen anywhere, and unfortunately, even when shop keepers follow all safety guidelines, injuries can occur. Many of these injuries can affect workers, clients and even the owner themselves. It’s important for them to know their rights in these situations, particularly when the injury was caused by a malfunction in office space they are leasing. Being proactive and responding accordingly are a small business boss’s best methods of protection.

A prior TV news host, Ann Bailey shares these sympathetic tips for business owners who suffer from landlord negligence. The Syracuse personal injury lawyer firm, Bottar Leone PLLC, fights strenuously for compensation and maximum support for their clients injured in office buildings or other work locations in the upstate New York area.

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The Internet and Customer Service – You’re in the Spotlight!

Poor customer service negatively impacts businesses in a lot of ways, and can create irreversible results with both new and repeat clients. First, prospects that you’d like to turn into customers will likely change their minds. Secondly, existing customers will become frustrated and take their business elsewhere. And both have the potential to cause damage when they report their experiences to others. In this digital age, customers share information with the click of a button, making it even more important to head off service issues at once.

Hearing the Complaints

When a disgruntled internet customer makes a complaint, the best thing for any business to do is to have that complaint settled quickly by the company. Normally, having customer grievances “go public” makes it harder to deal with them and harder to effect some damage control. There are however, beneficial third party services that allow mistreated customers to air their valid complaints with the intent that the offending business will listen. Management that wants to stay in business wants to listen. Since you’re not seeing the customer in person, getting a chance to hear and solve gripes this way often allows resolution in a timely manner and with little effort. It’s not hard either to imagine the good PR that comes from being perceived as a big business that listens.

Small Business Catastrophe

Poor customer service is catastrophic for small internet companies because they absolutely rely upon repeat customers to survive. Additionally, if there is ever going to be hope of growing the business, prospects must be nurtured so that they turn into loyal shoppers. Positive word of mouth is always key for growth, especially for smaller firms.

Loss of Repeat Customers

Losing a long-time customer is a danger when poor service is allowed. If consumers arrive to your site and are ignored, treated with disrespect, or left alone to wander through pages and wait for service, the clear message they’ll get is that there could be a risk in spending their money here. As a result, many of these people will leave before even considering making a purchase, no matter what types of deals might be found. In fact, customer service is so important that many people are willing to pay more for it, just to feel like their time was well spent.

Loss of Future Customers

Customers experiencing poor online service almost always tell others about it – it makes for grand conversation. Whether out of frustration or because they don’t want their friends and family to have the same bad customer issue, people will relate details of experiences that upset them. Not only does this cost immediate business, but the lost business potential will be exponential over time. Making amends to a new customer who has registered a complaint often takes more input since they don’t have a positive memory of your company to “come back to.”

Employee Turnover

Great operations attract better employees. After all, no one wants to work in a chaotic environment where they are under-trained or where inadequate staff exists. This type of environment creates an unpleasant morale and leads to high turnover which is hard on everyone. Additionally, it does not reflect well on a company to appear as though it cannot sustain its staff. Thorough training of the entire staff in good customer interaction and company loyalty procedures may be the best investment for any business owner who needs to improve service reputation.

Loss of Profits

Everything connected to poor customer service ultimately leads to bottom line losses. No firm, particularly in a challenging business climate, can afford to lose business due to poor customer service. When it comes down to it, the most important aspect of any business is its reputation. Once that is damaged, it can be very hard to recoup it without a great deal of work.

For any internet business, new or long established, the fears of sudden drops in customer satisfaction, customer purchases, and customer traffic are all too real. Every effort should be made to maintain client loyalty and business reputation at all times by offering the best customer service available. Being dependable to listen to and solve any customer gripes in timely fashion will go a long way toward cementing high satisfaction scores.

Ann Bailey owns a small business dependent on client satisfaction and compiles these situations for consumers and business owners alike. The accessible website Gripevine.com allows consumers a place to voice any customer issue they may have had with poor service and allows the relevant business an opportunity to hear about it and take measures to correct it.

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Small Businesses with Government Contracts: Why Play by the Rules?

Running a small business can be rewarding, especially if you’re able to land lucrative government contracts. Many government contracts allow small businesses to not only expand and grow, but also to gain a name for themselves within the business community. Unfortunately, some small businesses jeopardize these benefits when they don’t play by the rules, and the consequences for such actions can be dire.

Breaking the Rules and the Law

Many small business owners understand the unspoken rules regarding ethics in business and morality when doing business with a government agency, but too few understand that breaking these unspoken rules can actually lead to criminal and civil prosecution. Under the False Claims Act, business owners who have contractual business obligations to the government may face a variety of penalties upon being caught breaking the rules, and this can land such business owners in court and behind bars.

What is the False Claims Act?

The False Claims Act is a law that essentially allows individuals to prosecute contractors in court if the contractors are found to be defrauding the government. Referred to as “whistleblowers,” they generally stand to earn a handsome reward for their efforts in the form of monetary gain if a False Claims Act case is successful. Basically, a whistleblower acting on behalf of the government will be due a portion of the award handed down by a judge once a such a case succeeds, and this amount can reach into the millions of dollars or more depending upon the severity of the infractions and the contract’s terms.

Can Business Owners Benefit?

Aside from the potentially negative consequences of the False Claims Act for small business owners, there actually is a bright side. If you are able to prove that your competition is defrauding the government, you can contact a False Claims Act attorney and take it upon yourself to bring the fraud to light. By doing this, you’re not only helping the government and tax payers save money, but you’re also doing the right thing – of course, potentially putting your competition out of business and receiving a financial reward doesn’t hurt either.

Be in the Know

If you’re unsure as to whether or not your business is acting within compliance of your government contract, you might want to consider partnering with a False Claims Act attorney to discuss the issue. They will be able to review your contract and your practices, allowing you to find potential trouble spots that need to be addressed or corrected. Doing this will also help you to remain protected in the event that someone does blow the whistle on your business as a Whistleblower’s attorney will be able to represent and protect your interests in court.

Finally, as a small business owner who has a contract with the government, it’s up to you to ensure that all of your employees understand the severity of breaking the rules and the law. Even if an employee goes off on his or her own and commits fraud, you and your company may still get the blame. As a result, most experts recommend regular training sessions for all employees regarding the correct ways to conduct contractual business with the government.

Ann Bailey has formerly reported on business fraud for TV news and shares this report for employers who might be in contract positions. The attorneys at Goldberg Kohn aggressively represent clients involved in court-suits due to the False Claims Act or any business to government fraud situation.

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