Smart Immigration Reform Still Seems to be on Hold

While the many meetings being held all over the U.S. dealing with immigration reform still seem to be producing positive feedback, there has still been no movement in Washington.

In what many term as the greatest frustration of the century, immigration reform advocates are still bemoaning the fact that not much is really being done about smart immigration reform in the Capitol. The grassroots feedback seems to still be fairly positive, but since no one sees any real movement on the issue, the question then becomes whether or not immigration reform, as proposed in the election campaign, is really going to happen.

The politicians are evidently committed to the notion of comprehensive immigration reform, but have been sidelined and blindsided by the health reform debate as well. Health reform is another contentious issue that when bundled with immigration reform has the potential to cause a rip-roaring debate on many levels, involving everyone from the next door neighbor to the highest ranking man in politics, the President.

While the country is thinking it’s great that there seems to be some tentative movement on immigration reform, they’re beginning to wonder “when” that reform will really take place. It has evidently been derailed by coming changes to the health system for 2010; although the stated intention has been that immigration could get revamped in 2010 as well. That might be difficult to achieve since the dollars needed for immigration are also needed for health care reform. And so the debate, without resolution, continues.

Many Americans are wondering what happened to the goal posts of comprehensive immigration reform; the hard and fast deadline of Labor Day (past) that came and went with no changes implemented. Others are wondering what happened to the supposedly detailed strategy that was to be put into place this year. On the other side of the fence is the fact that despite promises of immigration reform, the wall to separate the U.S. and Mexico is still being built at an enormous expense for the nation. Of course this issue deals with enforcement, not solving the question of reforming immigration and how it is done.

The bottom line here is that while there is a lot of repetition covering previous promises to pursue smart immigration reform, there has been nothing new since those promises were made. What is the future of smart immigration reform for the US? The question still remains out there – unanswered.

Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.

Beware of Construction Site Injuries

Working on a construction site is possibly one of the most dangerous jobs in America today.

No one knows better than construction workers how dangerous their jobs are on a daily basis. The number of built in hazards prevalent on a job site are phenomenal and the most dangerous accidents usually relate to lifting and moving heavy equipment and parts. Because of the heavy use of such equipment, it only stands to reason that Occupational Health and Safety statistics indicate that slings, used to move heavy materials, and how they are handled during moving, is “the” major cause of workplace injuries and accidents.

Most of the slings in use across the nation at construction sites are made of wire rope, chain and nylon. If the workers don’t have a good enough understanding of how these slings work properly and how to handle the materials being moved, each time something is moved is virtually an accident waiting to happen. It may also be viewed as negligence on the part of the employer if they do not have the proper safety standards in place or instruct their workers on how to handle materials in the proper manner.

For instance, nylon slings are not only strong, but have a certain elasticity. When bearing a heavy load, these slings tend to absorb shock and return to their original shape after release, much like an elastic band. This characteristic makes this material ideal for repetitive lifting, etc. They handle moisture and most chemicals (alkalis) and may be used inside or outside, rain or shine, and in temperatures of up to 180 degrees F.
When working with nylon any adjustments to be made to the sling are very simple. The trick is to make the adjustments correctly and not overload the sling on a continuous basis. While this type of sling material does provide a warning when it’s getting damaged (red indicator yarn) there have been cases where the sling was kept in use past being safe. The results were not pretty for the worker injured when the material being moved fell on him.

Chain slings don’t have the same abilities as nylon and are prone to snap unexpectedly. They need to be inspected prior to use for flaws and signs of wear and tear. If this is not carried out on a regular basis, or if the sling is used for loads that crush the sling itself, it compromises the integrity and safety of the apparatus. Again, an improperly cared for sling may result in disastrous consequences for those working on the job site.

Wire rope slings are a combination of twisted wires over a fiber core, each with a different degree of flexibility and damage tolerance. They are susceptible to fraying and moist conditions and if they are used well past their safety tolerance, accidents can and will happen. While there are a great number of alternatives for sling, hitches, baskets, etc. that may be used on construction work sites, all of them still need to be respected for their potential to cause deadly harm. Parts and any equipment is replaceable, people are not.

If you or a loved one has been involved in a construction site work accident, make it a point to talk to a highly skilled personal injury attorney with experience in handling cases such as this. Any severe life altering injuries may be eligible for compensation from the courts. Your lawyer will be able to advise you of your rights.

Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

Truck Crash Lawsuits on the Rise

Each year the number of heavy rigs traveling on America’s highways gets higher and higher. Along with more big rigs on the roads, comes the increased chance of tractor trailer crashes.

It seems like everywhere motorists look while they’re on the highway they’re behind a big truck, passing one or cutting back in front of one. Virtually every fourth vehicle spotted on the roads these days is a semi hauling a big load. The more trucks there are weaving in and out of highway traffic, the more accidents are bound to happen.

It’s inevitable than when a 40 ton truck hits another passenger vehicle there will be numerous liability issues, which is a major reason to speak to an expert personal injury lawyer with experience in this area of the law. The circumstances of the case need to be evaluated and legal rights explained to either the survivor or the survivor’s family.

The reasons a truck crash lawsuit are so different than many other personal injury cases has to do with the number of potential defendants. This could include everyone from the trucker to the trucking company and from the load owners to the owners of any pups being hauled. In instances like this, the personal injury attorney will be alleging the truck accident was caused by the negligence of the trucker.

When this happens, often the trucking company assumes the liability for the driver’s actions under a doctrine of the law referred to as respondent superior. That simply means employers are liable for employee negligence if, when the accident happened, the worker was doing something ‘within’ the scope of his or her job.

While this sounds like it might be fairly straightforward, it rarely is that way. For example, there are a variety of definitions as to what an employee is and this may be the key to these cases. Many employers and their attorneys try to deny liability for a big rig crash by saying the driver was not an actual employee.

This kind of scenario was recently played out in another state where a plaintiff filed a suit against a trucking company and the driver. Their response was the driver didn’t work for them because he was a leased driver, and therefore they were not liable for the accident.

This argument is known as the borrowed servant defense which means when the trucking company gave the trucker a big rig to drive, they surrendered control to him. In doing that, the idea is that he is solely responsible for the negligence that caused an accident, not the company.

These types of cases tend to be very tricky and convoluted. This is why it only makes good sense to deal with an expert personal injury attorney who knows the ins and outs of the court system, how to collect the evidence needed to make a case and most of all, who knows the parties that need to be sued in instances like this.

Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.