Oliver’s Blog

Man on the Run


February 13, 2017

CAN I SUE SOMEONE FOR DEFAMATION?

We’ve all had rumors started about us…and it’s rarely the good ones that catch on and spread like wild fire! While the author of this quote couldn’t be found, the sentiment is certainly appreciated:

“I love rumors. I always find out amazing things about myself I never knew.”

DEFAMATIONHumor is certainly one way to deal with hearing rumors and lies about our lives. But there are times when the rumors begin to damage you and your livelihood. When is it appropriate to sue for damages from rumors? When do you have a case that would stand up in court?

WHAT IS DEFAMATION?

Defamation is defined in Oxford Dictionaries as ‘the action of damaging the good reputation of someone”. Defamation of character is either in the form of libel or slander, with libel being defamation in writing and slander being oral. The defamation must have been heard by a third party and could have been conveyed through broadcast, in a speech, on a sign, in a conversation, through email, or on social media sites.
Defamation can escalate to a lawsuit if the slander or libel is false, but presented as truth, and if it caused damages. If the statement was stated as an opinion, it is difficult to prove that it was intentionally false, even if it caused damages. In most cases, the damages need to be proven. With some libel and/or slander, the damages caused do not have to be proven; these circumstances include stating that the person was guilty of a crime, was unfit to run a business, etc., when the statements were knowingly untrue.

WHAT TO DO?

Having a lawyer to help prove your legal malpractice lawsuit case is a good idea as it is difficult to prove in a court setting. There is evidence to collect and an attorney can help you to determine which pieces are appropriate. In addition, if you do not have the proof necessary, you can end up in trouble as your suit is essentially calling the accused a liar.

Lastly, an attorney can help you to see what you would stand to gain from a court if you win. If you are looking more toward justice being served, your reputation being protected, and money is not the top motivation, this aspect may not be as important. However, if funds are a little tighter, it may be worthwhile to determine if the efforts are worth the reward.

An attorney can also help to determine if the defaming statement falls under either of the protected categories – qualified or absolute privilege. Absolute privilege statements are legal ones where witnesses or officials were asked to give statements without having to worry about defamation consequences. Qualified privilege are statements made by people who have the right to make a statement, such as a former employer giving statements to a potential employer.

The type of evidence necessary will vary. If the defamation is in the form of slander, witness statements from those present are necessary. If in writing, the proof is certainly more straightforward. Proving how these statements have harmed you or your business is also necessary. This can include proving you’ve lost worked or were harassed or ignored by others after the statement. If you already have a negative reputation and there are many negative opinions floating around about you, it will be more difficult to prove that the one statement made is the culprit.

If you have a strong case, a settlement out of court between you and the other party is another potential outcome, allowing both parties to avoid further litigation costs.

February 05, 2017

WORKPLACE ACCIDENTS

WORKPLACE ACCIDENTSThe Occupational Safety and Health Administration (OSHA) is the federal agency charged with protecting the safety of 130 million workers (according to OSHA). 2015 statistics quoted on their site state that 4,836 workers were killed on the job. The fatality number is down from almost 3 times the amount in 1970, showing some of the important work that OSHA has been accomplishing. However, if you are one of the 4.1 million American workers hurt on the job in a given year, you certainly want to know your legal rights.

WHAT IS A WORK ACCIDENT?

Work accidents are injuries that occur at work that are unintentional. They generally are accidents occurring in connection with the person’s duties. The most common accidents include ones associated with heavy lifting, falling object, ladders or stairs, vehicular injuries, or slips. Imagine you had an accident with a slush maker machine.

WHAT TO DO?

The first step after an accident is to create an accident report. Even if you are not sure if you are really injured or not, there are often short windows of time to report your accident to be eligible for compensation. In the end, if you are not injured, there is no harm in having reported it and can help to alert your employer of unsafe conditions. Similarly, dependent upon the severity of the injury, an emergency room or doctor’s visit should be sought quickly after the accident. Many employers have a doctor they work with for workplace injuries – you would be required to see that doctor if you are seeking compensation from your employer. However, it is also your right to seek a second opinion if you do not agree with the report. It is also helpful to schedule an appointment with your regular practitioner as they know you better than a doctor seeing you for a first visit.

Nearly every employer is required to maintain workplace insurance that provides workers compensation coverage for employees. A worker does not have to prove employer negligence to collect workers’ compensation. However, if an employee is compensated under workers’ compensation, the employee cannot sue their employer. Employees are encouraged to follow-up with their employer to ensure that the claim was filed. You are also allowed to obtain a copy of the claim.

Even with workers’ compensation, there are attorneys available for consultation to make sure you are receiving the benefits you are entitled to receive. In addition, there are times when legal disputes can arise between employee and employer, especially if employer is not willing to take any responsibility for injuries. If there is a disagreement, you should make sure to keep all documents related to the injury, including time sheets, pay stubs, medical treatment, medical records, and statements from coworkers who witnessed the event. A lawyer should definitely be consulted if there were other characteristics associated with the injury such as being injured by a defective product or by a toxic substance, if your employer does not have workers’ compensation, or if your employer does not act in a responsible way to handle the situation.