Tag: employment

How do insurance companies calculate “lost wages,” especially loss of future earnings?

Calculating Future Earnings Injury Law

How do insurance companies calculate “lost wages,” especially loss of future earnings?

Calculating lost wages can be very tricky or very easy, depending upon your situation.

Here’s the easy kind. If you are injured and you have a 40-hour a week job, work no overtime, are off work for two weeks, and then go back full time, all the insurance company wants is documentation to support your claim and you should be paid for your loss. Suppose you are an office worker, and you make $40,000 a year, or $3167 a month. Your doctor tells you to take off two weeks, documents it with a signed authorization, your employer writes a letter to say how much money you lost, (about $1528), and your doctor documents when you may return to work. Your claim is for $1528-even if you used vacation or sick time. Some states only pay net wages, so they may ask for your pay stubs to calculate and deduct taxes. Most pay gross wages. But that’s it. Even if your doctor tells you you may need a couple of more weeks off, it’s easy to figure that out, too, and it’s done the same way.

Here’s the tricky kind. You were seriously injured and have missed about 3 months of work. It is estimated by your physician that you may miss about a year or more. It’s possible that your employer may not hold your job, so at the end of the year, you may find yourself unemployed. How will the insurance company calculate your lost wages and loss of future earnings? With great difficulty! So it’s up to you to document it all and prove your case. The amount you will not earn at your present job is easy to calculate-just like we did with the simpler case above. Put together the figures for what you have lost in the three months of work you’ve missed so far.

The company may or may not be willing to hold your job depending on a variety of economic factors. When future earnings are at stake, that’s where the tricky part comes in. Even if the company is willing to hold the job for a year, such variables as promotions you would have gotten, inflation, corporate reorganization, layoffs, raises, and fringe benefits, all come into play. With the possibility that your job may not still be there when you are ready to return to work, you will also need to document the time it takes you to find a new job. Perhaps the new job won’t pay as well. You’ll need to document the difference in pay, but over how long? Until retirement? Or what if you were permanently disabled by the accident and you will never be able to go back to work? Your lost earning capacity (capacity to earn money in the future) will need to be addressed.

Often, should a case be this complicated, your attorney will hire an economic expert called a forensic economist to lay out the data for your future income and the proof of your future losses. Such an expert has experience handling these types of cases. They look at such factors as age, physical or mental impairments, employment history, job skills, education, employer evaluations, earnings history and economic lifestyle. The expert then constructs a profile of past and present economic facts to begin to formulate the value you will lose in future years, using life expectancy tables if you will never work again, earnings of others with your educational and experience levels in your occupation, inflation, social security and other benefits, plus other statistical data. The economist then explains it in as simple terms as possible to the jury or in a deposition (testimony under oath but not in court) to help the jury or insurance adjuster to understand the amount of the loss.

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Do I get a portion of my spouse’s stock options in a divorce?

Share Stock Options Divorce Law

Do I get a portion of my spouse’s stock options in a divorce?

Yes, if a spouse earned stock options during the marriage, most courts will award at least a portion of the options, or the value of the options, to the other spouse in the event of a divorce.

Stock options are frequently granted as a form of compensation — or in lieu of additional compensation — by many businesses. Particularly in highly entrepreneurial firms, the potential riches that stock options can sometimes provide are the most important part of an overall pay package. It is estimated that at least 10 million American employees held stock options in 2000, up 10 fold from the number holding options in 1992.

As courts are still playing “catch-up” and figuring out how to deal with stock options in a divorce, in many states there are no set laws or clear “rules of thumb” for judges and courts to apply, as options are in many ways different from other forms of property. For example, most stock options cannot be exercised immediately on issue. They typically “vest” over a period of 3 to 5 years, or longer, and continued employment with the same company is nearly always a condition for vesting. How does that play in a divorce?

Assume the wife was granted options for 1,000 shares of her employer’s stock, vesting over 5 years, on January 1st and while the value of the options went way up, the couple separated on December 31st of the same year. In order for the options to be exercised in full she would have to work at the same firm for 4 more years, and the firm, knowing that she held valuable options, might pay her below market rates. In that case would it be appropriate to award options for 500 shares to her husband (a full 50-50 split), or only options for 100 shares (50% of the 200 shares that vested during the marriage) something in between? These are issues courts have to grapple with.

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Brain Injury Resources – Financial, Health, Housing, Employment, and Attorneys

Brain Injury Resources Injury Law

Brain Injury Resources – Financial, Health, Housing, Employment, and Attorneys

General Information about Brain Injuries:
Brain Injury Association of America (BIAA): BIAA was founded by a group of individuals who wanted to improve the quality of life of their loved ones. BIAA acts as a clearinghouse of community service information and resources, facilitates prevention awareness, hosts educational programs and encourages research.
Medline Plus: MedlinePlus combines the resources of the National Library of Medicine and the National Institutes of Health to provide authoritative information on over 700 diseases and medical conditions. The site also provides lists of physicians and hospitals, a medical encyclopedia and dictionary, and information on prescription and non-prescription drugs.
Oklahoma State Department of Health: General information about head injuries and Oklahoma resources. Produced by the Oklahoma State Department of Health, the site provides information on the effects a person may feel after experiencing a brain injury and gives Oklahoma links for those who have suffered an injury.
University of North Dakota – Center for Rural Health: Information on traumatic brain injury: North Dakota site with general information on brain injuries as well as links to related resources.
Brain Injury Society: The Brain Injury Society is a New York-based group committed to helping those who have suffered a brain injury to identify strategies and new recovery techniques for a stronger recovery.
International Brain Injury Association: IBIA aids the collaboration of medical professionals and advocates of brain injury prevention and long-term care issues.
Brain Injury Recovery Network: Non profit organization dedicated to helping victims and families of brain injured individuals. Site provides information on legal and medical advice as well as links to general information on brain injuries.
ABLEDATA – Brain Injury and Stroke Resource Center: Provides information on assistive technology and rehabilitation equipment available to consumers, organizations, professionals, and caregivers within the United States. Provides links to stroke and brain injury organizations.
Brain Injury Resource Foundation: The Brain Injury Resource Foundation provides education, advocacy and support for people affected by brain injuries. The website provides articles covering key legal issues that arise when a loved one has suffered brain injury.
National Association of State Head Injury Administrators: Source of information and education for state agency employees responsible for public brain injury policies, programs, and services.
Financial Issues/Disability Income:
Public Resources: Disability Income – Federal Programs
Social Security Disability Insurance: Largest of several federal programs that provide assistance to people with disabilities. Only individuals who have a disability and meet medical criteria may qualify for benefits of the program.
Supplemental Security Income: SSI is a federal income supplement program funded by general tax revenues (not Social Security taxes) that is designed to help aged, blind, and disabled people who have little or no income.
Medicare Services: Official government website for people with Medicare. Provides information on different plans, enrollment and billing.
Medicaid Services (in CA, called MediCal): Gives an overview of the state run program as well as specific requirements and eligibility.
Public Resources: Disability Income – State Programs
FreeAdvice.com – State Disability Programs FAQ: Free Advice FAQ on state disability programs.
CCH Business Owner’s Toolkit: Website for employers to learn about their disability insurance responsibilities.
Wikipedia: General information on employer disability insurance.
Private Resources – Health, Housing, Independent Living
Health Care Association of New Jersey: Non-profit trade association dedicated to improving long term health care in New Jersey.
New York Health Facilities Association: Organization of over 250 licensed nursing facilities committed to improving long term care in New York.
National Council on Independent Living: A grassroots organization run by and for people with disabilities.
Virtual CIL: State-by-state directory of independent living centers.
Health Issues/Medical Care/Long Term Care/Health Benefits:
Public Resources: Health and Benefits – Federal Program
Medicare Services: Official government website for people with Medicare. Provides information on different plans, enrollment and billing.
Public Resources: Health and Benefits – State Programs
Medicaid Services (in CA, called MediCal): Gives an overview of the state run program as well as specific requirements and eligibility.
State Medicaid Programs: This site provides specific descriptions, regulations and plans for each individual state.
Housing Issues:
Public Resources: Housing – Federal Programs
HUD/Fair Housing & Equal Opportunity – Disability Rights & Resources: Answers frequently asked questions on the housing rights of people with disabilities and the responsibilities of housing providers and building and design professionals under federal law.
HUD Housing and Accessibility Resources: Information about buying, renting and making your home accessible and about fair housing rights.
Public Resources: Housing – State Programs
U.S. Department of Housing & Urban Development (HUD): Local HUD information about homes and communities by state.
Fair Housing and the Law
The Fair Housing Act: Full text of the Fair Housing Act.
Americans with Disabilities Act: Explanation of the Americans with Disabilities Act and how it affects disabled people. Contains resources, frequently asked questions and information on state and local governments.
Disabilityresources.org: Organization whose goal is promote and improve awareness, availability and accessibility of information for those with disabilities.
Brain Injury Resource Center: Clearinghouse for brain injury resources, including information on national and international housing communities for the brain injured.
Back to Work Issues:
Resources: Employment
Social Security Online – The Work Site: Offers SSA Disability beneficiaries services needed to return successfully to work.
Job Accommodation Network: Job accommodations for people with brain injuries. A site designed to help employers determine effective accommodations and comply with the Americans with Disabilities Act (ADA).
Other Legal Issues:
Rights of the Disabled:
U.S. Department of Justice Guide to Disability Rights Laws: Government overview of the rights provided by the different disabilities rights laws enacted by Congress.
Resources: Legal Guardianship
Brain Injury Resource Foundation: The Brain Injury Resource Foundation provides education, advocacy and support for people affected by brain injuries. The website provides articles covering key legal issues that arise when a loved one has suffered brain injury, including guardianship.
Resources: Estate Planning
National Information Center for Children & Youth with Disabilities – Estate Planning: Provides an overview of the issues involved in estate planning for children with disabilities and insight on how to plan properly and effectively for their future.
Journal of Financial Planning – Estate Planning for the Developmentally Disabled: Article covering the basics of estate planning and information on effective planning for people with disabilities.
Resources: Personal Injury/Med Mal Lawsuits
Personal Injury Statute of Limitations: All states have different statutes of limitations (time limit on when you have to file a lawsuit). Determining the statute of limitation for your state should be one of the first things you do.
Attorney Pages: Provides a listing of experienced attorneys, organized by practice area (personal injury, for example) and state. Look here to find a qualified personal injury lawyer or medical malpractice lawyer in your area.

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What is exempt property?

exempt property collections

What is exempt property?

Not all property is subject to execution and levy. Due to the special nature of certain property, state law often provides exemptions to execution and levy. Some examples of exempt property include:

homestead property (typically a certain value of the equity of a personal residence used by a judgment debtor as his/her primary dwelling is exempt, further, a homestead makes a certain amount set by state law as exempt from execution);

a certain value of an automobile (such as $1,000);

household furnishings, household goods, wearing apparel, appliances, books, animals or musical instruments used primarily for personal, family or household purposes up to a certain value (such as $200);

jewelry up to a certain value (such as $500);

implements, professional books or tools of the trade of the debtor up to a certain value (such as $750);

unmatured life insurance or the dividend, interest or loan value of an unmatured life insurance contract up to a certain value (such as $4,000);

social security benefits, unemployment compensation, public assistance benefit, or veteran’s benefit;

payments pursuant to stock bonus, pension, profit sharing, annuity or individual retirement account.

It is important to note that not all exempt property is wholly exempt; there are many exceptions to exemptions provided under state law.

If a levy is performed against exempt property, a judgment debtor can file a claim of exemption with the court and seek a hearing on the matter. The Levying Officer must wait until the court has made a determination of the claim of exemption before taking any further action with respect to the property taken into custody pursuant to a levy. If the exemption is upheld, the property is returned to the judgment debtor. If the exemption is denied, the Levying Officer will be able to proceed with the public sale and subsequent delivery of the proceeds to the judgment creditor.
(Reviewed 11.10.08)

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Can I sue for defamatory statements made by a witness under oath in court?

Judicial Proceeding Libel And Slander

Can I sue for defamatory statements made by a witness under oath in court?

Statements in a judicial proceeding are privileged. A judge, juror, lawyers, witnesses, or other parties are absolutely protected from defamation actions. For example, you are involved in an employment dispute with your former employer. The employer testifies that you are a drunk and a thief, while knowing the statements are untrue. Though untrue, your former employer can make the defamatory statements on the stand without being sued by you afterwards. Witnesses who lie are instead subject to perjury charges, a criminal offense that is brought by a district attorney, not a civil claim subject to monetary damages.

Some aspects of the political process are also protected from defamation suits. Federal or state legislators cannot be sued for libel or slander for their statements in committee hearings or during floor debates.

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