Missing Items From Home Improvement Contracts Render Them Illegal

California imposes very specific requirements on contractors who draft, prepare, and submit home improvement contracts to consumers. If a contractor fails to meet the minimum requirements then their contracts are potentially illegal, unenforceable, and the contractor could lose the benefits the contract was designed to provide them.Notwithstanding the granite countertops, the cabinets, or the carpet, the contractor you choose is the most important decision in the entire home improvement project. A very easy way to tell if you are dealing with a true professional contractor is by looking at their proposed contract very carefully. When I say carefully I mean to take the document and have a competent attorney review it. The contract will tell you a lot of information about the contractor without even having to speak with them. For example, California Business and Professions Code 7159 et seq. has very specific requirements designed to protect consumers against contractors. If the contract does not have these minimum protections you should be very wary of the contractor whom you are about to do business with. Some of the protections are as follows:A home improvement contract and any changes to the contract shall be in writing and signed by the parties;It must include the name, business address, and license number of the Contractor;"Home Improvement" heading must be on the contract in at least 10-point boldface type;"Contract Price" heading followed by the amount of the Contract;"Description of the Project and Materials to be Used" heading"Down payment" heading that states DOWN PAYMENT MAY NOT EXCEED $1,000 OR 10% OF CONTRACT PRICE";"Schedule of Progress Payments" heading with each progress payment stated and specifically referencing the amount of work performed and materials provided;"Approximate Start Date" heading;"Approximate Completion Date" heading;"Note about Extra Work and Change Orders" headingCommercial general liability insurance notice indicating whether or not the Contractor has insurance;Workers' compensation insurance notice indicating whether or not the Contractor has worker's compensation insurance;A mechanic's lien warning notice describing to a consumer the issues of mechanic's lien rights held by contractors;Joint Check provisions wherein a consumer can make a check payable to both the contractor and the subcontractor or material supplier to protect them from being double billed;Information about the Contractors' State License Board (CSLB);"Three-Day Right to Cancel" notice that gives a consumer 72 hours to cancel a contract without penalties;This above list is a few of the common items that contractors fail to include in their contracts. If one or more of these items are missing from your contract please have it thoroughly reviewed before signing it.Additional common questions to ask the contractor include:How long has the contractor been in business in the state? Check their license status on the contractor's state licensing board website.The contractor should have a business history in your area including a list of references, phone numbers and email addresses. If they can't provide references consider looking elsewhere. Hiring a contractor to complete a project where another has gone out of business can be costly and disastrous.Get the names and contact information for everyone, including subcontractors, sub-subcontractors and employees who will be working on your property and insist on a full-time project supervisor.There are dozens of other questions to ask during the selection process all of which are equally important. There are also other protective clauses that you can request to be included in the contract. For additional information about these areas contact a competent attorney who is familiar with construction contractor, contractors, and the contractors state licensing laws.

Commercial Insurance Coverage

There are three main types of commercial insurance, which are property, liability, and workers compensation. All three of these insurances are normally grouped together as commercial insurance, since it is imperative that a company operate with these insurances in force.Property insurance could be used to refer to the building you operate out of or any property that belongs solely to the business. This form of insurance covers physical items from a loss, such as fire, theft, vandalism or natural occurrence.Whenever people consider liability insurance, the only thing they think about is being held liable for something. This is true you are held liable for anything that could go wrong regarding your business or the items you produce. Any action from either you, your employees or what you sell that causes bodily damage to a person or physical damage to property is covered by this type of insurance.However, workers compensation could be your best friend. A lot better then liability insurance which makes you at fault for everything that could have gone wrong. With workers compensation, you vow to pay for an employee that has been injured while on your job. You will submit payment for any hospital bills that pertain to this injury as well as provide severance pay while the person is recuperating from their condition.All business must have commercial insurance in order to operate. This is more of a term of you are better safe then sorry without it. It protects you and your business to have the proper insurance set up. For many people it takes them years to set up their business, don't allow one bad thing to happen to take your business away, ensure you have commercial insurance to help you keep your business afloat.

Prevalence of Carpal Tunnel Syndrome in Grocery Checkers

Carpal tunnel syndrome is a serious affliction suffered by millions of workers a year. While it starts off as just pain, carpal tunnel syndrome is a very serious disorder that can lead to severe pain and nerve damage. Those most at risk for carpal tunnel syndrome are those who have jobs that involve constant repetitive and/or static motion, particularly of the wrists, arms, and hands. While this might instantly bring office workers to mind, this problem stretches well past the basic cubicles of a call center or of a data entry center. Carpal tunnel syndrome actually afflicts more assembly line workers and grocers than computer workers. Grocery checkers are actually considered so highly at risk for carpal tunnel syndrome that even the federal government has singled them out as a group that needs support to combat this affliction.Men are found to only be 1/3 as likely as women to have carpal tunnel syndrome. The most recognized reason for this is due to the fact that women incur muscle imbalances at a faster rate and their wrists are generally thinner, thus the carpal tunnel is smaller and so it is easier to damage the median nerve within. Work that requires constant repetition that involves flexing the fingers, or wrists, will increase your chances of carpal tunnel syndrome. Static flexion involving gripping motions such as holding power tools, gripping a steering wheel or holding a pen will also cause the development of carpal tunnel syndrome. Bagging groceries and scanning all the various items, not to mention use of the cash register, is a major reason why grocery checkers are among the most highly afflicted group of workers.Grocery checkers are so prone to carpal tunnel syndrome and similar injuries, that OSHA has specifically singled them out as a prime example of workers who need special considerations in their environment. The loss from workman's comp and lost time is enough that many employers have worked hard to introduce injury prevention programs. Many of these employers have reported happily that their efforts have actual had a positive effect on work-related injuries and workers' compensation costs. While the following advice was designed specifically for grocery checkers and grocery stores, it is equally valid for fast food, gas station or convenience store clerks, or any workers in a high volume retail environment.Think ergonomics. What's that? Well ergonomics is basically a process by which the tools and environment around a worker or specifically designed to help take pressure off the parts of the worker's body that are going to experience the most stress. This can apply to back, shoulders, neck, but it also very commonly is used in reference to wrists and wrist injuries, especially carpal tunnel syndrome. OSHA highly recommends that all employers in retail look for ergonomic solutions, and in general the employers that have gone that route have reported seeing a positive difference. One of the main reasons why the government and employers have taken so much interest, and why it so much focus has been put on carpal tunnel syndrome in grocery checkers, is because how vital a grocery store is to every single community, and because of the huge amount of employment that these stores create.Grocery store work can be physically demanding. It is not at all uncommon for many grocery store workers, even in small towns, to handle thousands of items every day to stock shelves, check groceries, run the register or prepare inventory. Out of all these actions, the five things to look out for when trying to prevent carpal tunnel syndrome are force, repetition, duration, awkward positions, and static postures, all which contribute to the development of muscle imbalances, the main causative factor of carpal tunnel syndrome.Trying to find a way to do the work that cuts down on these red flags, and the occurrence of work related injuries would decrease. It is in the employer's best interest to pay attention when an employee gets an injury. There might be some people who don't think carpal tunnel syndrome is a big deal--but they would be mistaken. If an employee has carpal tunnel syndrome, then how is he or she going to do a job that requires constant hand movement, wrist movement or anything else along those lines?Because of the way scanners are situated, and because of the job itself, there is always going to be the repetitive motions, the turning of the wrist to scan a bar code, all the little things that can cause severe carpal tunnel syndrome in workers who are keeping up a grocery store. Knowing that this is a problem, however, is the first step to dealing with it. Through ergonomics, special stretches and muscle balancing exercises, and implementing job rotation to prevent one person from doing too much of one job, carpal tunnel syndrome can be prevented, which is always better than waiting until an actual treatment is necessary.

You Wouldn't Think That Independent Contractors Need Workers Compensation Insurance - But They Do

You've got pen in hand, ready to sign a new client contract, and then you glance at the fine print. It says that to get the work, your IT business needs to carry five different kinds of insurance. That can't be right! Or can it?If you've already got E&O, general liability and small business property insurance, aren't you insured for just about everything? Why would you need to get workers' comp and employers' liability, too?Besides the fact that many states have laws that require companies with W2 employees to carry workers' compensation coverage, these policies simply provide coverage that other types of business insurance don't. To protect their own interests, your clients want to be sure that you're protecting yours.Liability vs. other types of insuranceFirst, it's helpful to understand the difference between a liability policy and other types of insurance coverage:• Liability policies are designed to protect your business from the high cost of covered lawsuits or similar insurance claims, and any settlements that a court orders you to pay as a result.• Other types of commercial policies, such as small business property or workman's comp insurance, reimburse your business for all or part of actual costs on covered claims, such as the replacement of a damaged piece of hardware or medical bills.So depending on what situation you may end up dealing with - a lawsuit, injury or physical damage to property - you'll need different kinds of insurance to be fully covered. Different types of insurance policies address situations involving different people, too: Some respond to claims from clients and others outside your business, while others are designed for claims from your own employees or subcontractors.How each policy respondsLet's talk about how the various types of insurance policies would respond in the event of an on-the-job injury. Suppose one of your employees is working at a client's site and suffers a serious back injury while moving a heavy piece of equipment:• Not covered under general liability. Your general liability insurance policy covers claims of bodily injury or other physical injury or property damage. It is designed to protect your business against the high cost of lawsuits stemming from incidents that occur on your premises or at other covered locations where you normally conduct business. If it were a client that were to sue you over an injury caused by you or one of your employees, your general liability policy would respond. But a lawsuit from one of your own employees, claiming that your business is responsible for his on-the-job back injury, wouldn't be covered.• Not covered under property insurance. Your small business property insurance policy covers only property damages, not bodily injury. So if your employee drops that heavy piece of equipment after suffering the injury, this policy would pay for any damages caused to the equipment or the building -- but it wouldn't help pay your employee's medical bills.• Not covered under professional liability. Your professional liability or E&O insurance policy protects you only against lawsuits in which a client alleges that your business's negligent acts, errors or omissions caused them a financial loss. Again, no coverage for bodily injury to an employee.• Covered! Your workers' comp policy covers your employee's medical and disability expenses in the event of an illness or injury, such as this case. So, if your employee is going to miss work for a few weeks while he recovers, it will pay him a portion of the income he'll lose. It will also pay any bills for doctor's visits, medication, diagnostic tests, therapy or hospital stays directly related to the on-the-job injury. So, if your employee is hurt on the job and you have workman's comp coverage, you won't have to pay those costs out of pocket.• Your employer's liability policy, typically included as part of a workers' comp policy, protects your company should an employee claim that his or her injury or illness was caused by your company's negligence or failure to provide a safe workplace. So if the employee in this case sues you, this policy pays legal fees and any settlement the court may order you to pay, up to stated policy limits.But I'm just a one-person operation!What if you don't even have employees? Can your client still insist that you carry workers' comp? In short, yes.In many states, unless your client can show that you, its subcontractor, carry your own workers' compensation insurance, you will be automatically covered under the hiring company's policy, at the hiring company's expense. And of course, your client doesn't want that. So even if your state doesn't require it for one-person companies, you may have to buy coverage just to meet your client's requirements.If you use subcontractors, they may be exempt from your state's workman's comp insurance requirements -- but on the other hand, some states do require companies to cover 1099 contractors. That's why so many small IT companies do what their clients do: Require their own independent contractors to carry their own workers' comp insurance policy, so that they don't have to pay for their coverage themselves.

Workers compensation claims can be filed by any individual who is an employee, and has been injured or suffered an illness as a result of working in the workplace. Almost all employers in Australia are required to have workers compensation insurance to protect themselves against compensation claims by employees who may become injured or suffer an illness while on the job. While workers compensation is available to all eligible employees, it is not available for all injuries suffered in the workplace. Before submitting your compensation claim let's take a quick look at which injuries are eligible under the terms of workers compensationEligible injuries include:o Physical injurieso Occupational diseases (i.e. asbestos exposure)o Carpal tunnel syndromeo Stress and mental injuriesIneligible injuries include:o Potentially those sustained due to the employee being under the influence of alcohol or drugso Depending on the State concerned, those incurred on the way to and from work the workplaceo Potentially those that are the direct result of employee negligence or irresponsibilityo Injuries that occurred outside of the applicable timeline provided to file claimsAfter informing your employer that you have been injured and you have sought medical help you will then have to wait until your claim is reviewed. By law this process should take no longer than three months or 12 weeks, as this is the maximum amount of time allowed for provisional liability payments. These payments are to be paid by the insurer even while your case is being decided.How long do you have to file your claim?Under Australian law, in most cases you have up to 6 months to file your claim, although there are some exceptions to this rule.Should I seek a compensation lawyer?It is advisable to seek the advice of a compensation lawyer if:o Your claim is complicatedo You are seeking a large amount of damageso You are experiencing difficulties getting your claim processedo You are unsure of what to doA compensation lawyer will help you file any required documentation and represent you when working with your employer and/or insurance company?What benefits can I receive?If you are rewarded for your compensation claims you can be paid for:o Medical billso Loss of incomeo Permanent disabilityo Potentially other losses incurred as a direct result of the injury sustainedKnowing your rights is the first step in winning your compensation claims.

Mesothelioma Lawyers Ask

What is the Government doing about mesothelioma?Mesothelioma is one of the biggest killers in the UK, and statistics are set to peak over the next 10 to 15 years as the disease has a long incubation period. Swept under the carpet for years, the problem of the 'Silent Killer' (as the disease has become known) has recently received much higher public exposure with the successful conclusion of a court case centred on which insurance policy providers were liable to pay out in the event of a victim developing the disease - the insurers covering the company at the time of exposure or the insurers involved at the time of diagnosis.The 'trigger case' lasted for nine weeks in 2008, and was regarded by specialist lawyers (solicitors) representing the families of mesothelioma victims as a landmark in how the courts would regard claims brought against former employers for injuries or illness as a direct result of exposure to asbestos.The profile for this preventable industrial disease has been raised further by the decision to make February 27th 2008 as Action Mesothelioma Day. The day was marked by events throughout the UK with the purpose of raising awareness in the media and with the public of the disease. An international conference discussed advances in the treatment of mesothelioma. John Edwards, Consultant Thoracic Surgeon and chair of the British Mesothelioma Interest Group, who addressed the conference said: "Researchers are desperate for funds to develop life saving treatments. Mesothelioma is far and away the least researched of the top twenty cancers in the UK. Funding for a UK National Centre for Asbestos Related Diseases is a priority. Such a virtual institution would encourage collaboration and stimulate research to generate future treatments to prolong and save lives."The Government has recognized that the ongoing problem of mesothelioma is one that has not subsided over time. Although the use of asbestos as a building material has been banned for over 20 years, there are still thousands of public buildings - in particular schools - that still have asbestos as part of their main structures. Although the asbestos has been coated with a protective layer of silicon to prevent dust escaping into the atmosphere, any damage to this layer could result in deadly dust being released. Those involved in the ongoing battle against the disease also fear that plumbers, electricians and other maintenance workers are at risk from exposure as they work on older properties that still contain asbestos.Unite and other trade unions, health professionals, mesothelioma patients' asbestos support groups and Michael Clapham MP, chair All Party Asbestos sub committee, are leading the proposal for the National Centre for Asbestos Related Diseases. The development group has wide support and has met the Prime Minister's special advisor on health in Downing Street, the national director for cancer and the minister for health with responsibility for cancer.The meeting was seen as a step forward by all parties indicating that the government takes the problem of mesothelioma seriously. The campaign is calling on the government to provide funding for a National Centre for Asbestos Related Disease to keep the UK in line with other western countries. The Australian government has already provided $6.2 million to fund a National Centre for Asbestos Related Disease. British sufferers and support groups are asking the government to match this funding, around £5 to 10 million, to provide a similar centre in the UK.As the profile of this industrial disease is raised, the hope amongst specialist solicitors representing families of the victims of mesothelioma is that the long battle for compensation that many families face will become easier, ensuring that victims receive the compensation they deserve.

Major Mistakes to Be Avoided While Filing Compensation Claims

Most compensation claims are deprived these days which could be avoided if some of the major mistakes are not committed while filing the claim. Some of the mistakes decline the probability of receiving compensation although you are eligible to make the claim. Avoiding mistakes while making the claim for compensation can make it easier for getting your full compensation. Most importantly you should not make the critical mistake of being uncertain to get legal help whatever may the type of accident you are involved in.Your compensation claims can be successful if you avoid the following mistakes in various forms of accidents.Possible mistakes to be avoided while making claim for personal injury compensation: -o You should not make the mistake of not hiring the appropriate specialist solicitor to handle your particular type of personal injury claim.o You should not make the major mistake of taking your claim case to the court of law which is very expensive.o Failing to have an insurance cover of personal injury protection for your family and yourself may prove to be a costly mistake.o Avoiding the stipulated rules for filing claim for compensation where it is applicable.o Not preserving some important documentation such as document to prove the negligence of the other party, medical reports related to your injury and other information which will back your claim case.Mistake to be avoided in filing your worker's claim for compensation: -o Failing to report the accident to your employer before the legally stipulated number of days from the injury date.o Your doctor's report failing to reproduce the actual information regarding the accident and the injury.o Hiding some important facts of the accident to your lawyer who is dealing your claim case.o Signing agreements considering your insurance company and your employer as granted.o Delay in getting medical care and treatment for the injury.Mistakes while filing criminal injury compensation claims: -o Not filing a complaint with the police immediately after the incident.o Failing to fulfill the required rules while making a criminal injury claim for compensation.o Refusing or making false statements hindering the police investigation.o Hiding your inappropriate behavior during the incident.While making medical malpractice compensation claims you can not afford to make major mistakes because proving a medical malpractice is very difficult. You should avoid making mistakes such as filing your claim after the stipulated time limit; you should not make the mistake of hiring incompetent and inexperienced solicitor to deal the claiming process and should not fail to provide enough evidences to establish that the doctor is at fault. Similarly you should not make mistakes while making a road accident claim of compensation.The most important mistake you need to avoid is failing to collect contact details of the other party, not taking photographs of the accident area, not providing details of accident circumstances and not collecting details of witnesses. Any one of the mistakes if not avoided while filing, the claim for compensation may not be successful.