The Federal Motor Carrier Safety Administration (FMCSA) is an agency within the United States Department of Transportation (DOT) responsible for regulating and overseeing the safety and security of commercial motor vehicles (CMVs) and their operators. The agency’s main mission is to reduce crashes, injuries, and fatalities involving commercial motor vehicles.

Key responsibilities of the FMCSA include:

1. 1. Regulation and Compliance: The FMCSA establishes and enforces regulations governing commercial motor carriers, including trucking companies, buses, and other large vehicles. These regulations cover areas such as hours of service, driver qualifications, vehicle maintenance, cargo securement, and hazardous materials transportation.
   2. Safety Programs: The agency develops and implements safety programs and initiatives to improve the overall safety performance of the motor carrier industry. This includes providing educational resources, conducting safety inspections, and promoting best practices.
   3. Motor Carrier Registration: The FMCSA requires commercial motor carriers to register with the agency and obtain a unique identifier known as a USDOT number. This registration process helps track and identify carriers operating within the United States.
   4. Electronic Logging Devices (ELDs): The FMCSA mandated the use of electronic logging devices (ELDs) for most commercial motor vehicle drivers to record their hours of service accurately. ELDs replace traditional paper logbooks and help prevent drivers from exceeding their maximum driving hours.
   5. Safety Data and Analysis: The FMCSA collects and analyzes data related to commercial motor vehicle crashes, inspections, and violations. This information is used to identify safety trends, assess risk, and develop targeted safety programs.
   6. Commercial Driver’s License (CDL): The FMCSA sets standards for obtaining a commercial driver’s license (CDL) and conducts oversight of state-level CDL programs to ensure consistent and rigorous testing and qualification standards for commercial drivers.
   7. Hazardous Materials Safety: The agency regulates the transportation of hazardous materials to ensure they are handled and transported safely.
   8. Compliance Reviews and Enforcement: The FMCSA conducts compliance reviews and roadside inspections to assess carriers’ safety performance and adherence to federal regulations. If violations are found, enforcement actions may be taken, including fines, penalties, and out-of-service orders.

A violation of an FMCSA regulation can help prove the truck driver or trucking company breached a duty owed to you.  If you or a loved one has been injured in a truck accident, contact us for a free, no obligation consultation.

Surgery can have a significant impact on a personal injury claim. If you’ve suffered an injury due to someone else’s negligence, you may be entitled to compensation for your medical expenses, pain and suffering, lost wages, and other damages. When surgery is involved, several factors come into play:

1. Medical Expenses: The cost of surgery can be substantial, including hospital fees, surgeon’s fees, anesthesia, medications, follow-up appointments, and rehabilitation. These expenses are typically included in your personal injury claim to seek compensation from the at-fault party or their insurance company.
2. Proving Damages: Surgery can provide concrete evidence of the severity of your injuries. Medical records, surgical reports, and expert testimonies from medical professionals can help demonstrate the extent of your injuries and the necessity of the surgical procedure. This strengthens your case and supports the claim for appropriate compensation.
3. Recovery Time and Lost Wages: Surgery often requires a significant recovery period during which you might be unable to work. This can lead to lost wages and decreased earning capacity. Your personal injury claim may seek compensation for both past and future lost wages, considering how the surgery has affected your ability to work and earn a living.
4. Pain and Suffering: Under a personal injury claim, you may also be entitled to compensation for physical pain, emotional distress, and mental anguish resulting from the surgery and its aftermath. Proving pain and suffering can be subjective, but your medical records and testimony from medical professionals can help support your claim.
5. Insurance Company Responses: Insurance companies may try to minimize the value of your claim by questioning the necessity of the surgery or disputing the extent of your injuries. Having strong medical evidence, expert testimony, and legal representation can help counter such tactics and ensure you receive fair compensation.

It is essential to consult with a personal injury attorney who can assess your case, evaluate the impact of surgery on your claim, and help you navigate the legal process to maximize your compensation.

Each personal injury case is unique, so contact us for a free, no obligation consultation.

Processing a Discrimination Claim with the EEOC

A victim of employment discrimination should file his or her claim as soon as possible after the discrimination has occurred.  A job applicant or employee who has experienced employment discrimination based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information, can file a “Charge of Discrimination,” with the Equal Employment Opportunity Commission (EEOC), the federal agency enforcing most anti-discrimination laws.  A victim of discrimination is required to file a Charge of Discrimination with the EEOC before he or she can proceed to file a discrimination lawsuit in court.

Time limits, in general

Generally, a claimant who is not a federal employee or federal job applicant must file 180 calendar days after the discrimination took place. However, this filing deadline is extended to 300 calendar days if a state or local agency enforces a state or local law that prohibits employment discrimination on the same basis.

If you need assistance with filing a Charge of Discrimination with the EEOC, contact us for a free, no obligation consultation.

How do I prove disability discrimination at my job?

An employer cannot treat a qualified individual who is an employee or applicant unfavorably because they have a disability.  Additionally, it may also be unlawful if an employer treats an applicant or employee less favorably because they have a history of a disability (such as a past serious illness), or because they are believed to have a physical or mental impairment that is long lasting.

An employer must provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer (“undue hardship”).

To prove that you have been illegally discriminated against due to your disability, you must show that

1. the employer is subject to the ADA;
2. the employee is disabled as defined by the ADA, has a record of impairment, or is perceived to be so by the employer;
3. the employee is able to perform essential functions of the job, either with or without reasonable accommodation; and
4. the employer took an adverse employment action against the employee because of, in whole or in part, the employee’s protected disability.

The ADA and the EEOC require an employer to provide reasonable accommodations to employees and job applicants with a disability unless it would cause significant difficulty or expense for the employer.

According to the EEOC, a reasonable accommodation is any change in the work environment  to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment.

Reasonable accommodations, for example, might include making the workplace accessible for wheelchair users or providing a reader or interpreter for someone who is blind or hearing impaired.

If you believe you are being discriminated against because of your disability, contact us for a free, no obligation consultation.

It is unlawful for employers across the country to discriminate against employees or job applicants because of their race.  According to the Equal Employment Opportunity Commission (EEOC), thousands of race discrimination claims are filed every year.

What Is Race Discrimination?

Race discrimination occurs when an employer makes job-related decisions based on an employee’s race. Federal and state laws prohibit race discrimination in every employment-related scenario. For example, an employer can’t make decisions based on a person’s race while hiring, firing, promoting, compensating, job training, or discipline.

Common forms of racial discrimination include:

• A demotion, lay-off, or outright termination;
• A refusal to hire someone;
• Denying or decreasing a person’s benefits, salary or wages, number of job assignments, promotion opportunities, or cases for additional training;
• Direct threats or generally unpleasant behavior that eventually force someone to quit; or
• Refusing to provide similar accommodation or treatment for someone of a different race or ethnicity.

Gather Evidence

There are few instances where race discrimination only occurs once; however, in most cases, employees face discrimination on a regular basis.  It is important to keep a log of the date, time, and location where the incident took place. Also, take note of witnesses and what occurred when you experienced discrimination. This will help you prove that there is a pattern of unlawful racial discrimination.

If you believe you are being discriminated against because of your race, contact us for a free, no obligation consultation.

The Family and Medical Leave Act (FMLA) provides most employees with job protected leave for specified family and medical reasons. Under the FMLA, maternity leave (time to care for a newborn child or newly adopted child) and disability leave is protected.

The FMLA provides eligible employees with up to 12 weeks of unpaid, job protected leave per year. The act further provides that, while employees are on FMLA leave, all group health benefits must be maintained. FMLA leave can be used for the following reasons:

• The birth and care of a newborn child
• The employee is unable to work due to their own serious health condition or temporary disability
• Placement of a child for adoption or foster care
• To care for an immediate family member with a serious health condition or temporary disability

Most, but not all employees, are eligible for protections provided by the FMLA. Employees are eligible for FMLA leave if they meet these qualifications:

• The individual is employed by a public agency, a public or private elementary or secondary school, or a private company with 50 or more employees within a 75-mile radius
• The employee has worked for their employer for at least one year
• The employee has worked at least 1,250 hours during the previous year

Despite clear protections provided by the FMLA, some employers violate an employee’s rights regarding disability or maternity leave.  Common examples of FMLA violations include:

• Denying rightfully due disability or maternity leave
• Telling an employee that their job will not be protected while they are on leave
• Retaliating against an employee for taking disability or maternity leave (i.e, harassment, demotion, denying a promotion or other job opportunities)
• Terminating an employee for using disability or maternity leave

If you suspect an employer of violating your rights regarding disability or maternity leave, contact us for a free, no obligation consultation.