Atlanta Injury Lawyers Blog

I would like to start off by wishing all of our proud and deserving Georgia veterans a happy and healthy 4th of July, or more appropriately, Happy Independence Day. Without these brave veterans, we could not celebrate this day. Any celebration would not be complete without acknowledging their heroic efforts and monumental sacrifices in all of our wars and "police actions."

I am a proud Army veteran. I joined the army at the age of 17. I signed up for a two year enlistment. I proudly served my Country as a Military Policeman. But, fortunately for me, the Army gave me so much; much, much more than I gave back. In exchange for two short years of service, I received the opportunity to go to college and to make something of myself. After all, I was able to complete my Army tour and finish college in about the same time it took to simply go to college. However, not all of our veterans are as fortunate. Of course, too many have given the ultimate sacrifice while defending our Country, their lives. Many have suffered crippling physical injuries while defending our Country. Many more have suffered horrific emotional injuries from the ravages of war. Clearly, these worthy veterans gave much more to our Country than they received. We owe them our deepest gratitude. What made me think of this was a recent visit I had with a great American and staunch Veteran Advocate, Marshall Berman.

A few weeks ago, we had the pleasure of hosting a small brunch for Marshall and his family. Marshall is a special person. You see, he cares a lot about other people, and one of his life-long goals is to help our military veterans. He has done great things for our veterans in the past. For instance, while he worked at the Georgia Department of Labor, Marshall was instrumental in improving the lives of our south Georgia military veterans by making it more convenient for them to receive the medical and employment-related services many of them so dearly needed.

What is especially fascinating about Marshall is that, at 70 years old, he has more energy and drive than anyone I know. He is always thinking; always trying to improve; always trying to help; always trying to "make a difference." And most often, his efforts are directed at helping our deserving veterans. When we last visited, Marshall was concerned. He deals with needy veterans on a daily basis. He knows that many Georgia veterans need legal help. Yet, he also knows that many of our Georgia military veterans don't have the resources to hire quality lawyers to assist them. The end result, is that many Georgia veterans "go without." They go without the assistance of quality lawyers to advise and counsel them. They go without simple things like wills. They go without knowing their legal rights when they are involved in car accidents, harassed by debt collectors, taken advantage of in the business world, injured on the job, wrongfully accused of crimes, and in many other instances.

I share Marshall's concern about this situation and I am committed to coming up with a solution that will enable our deserving Georgia military veterans to have access to quality legal help when they need it. But until then, please join me in wishing them a Happy Independence Day. They deserve it!

According to recently released government statistics, the official unemployment rate is over 8% and climbing steadily. Georgia Department of Labor Web Site. No one needs to be told how tough times are these days and it's any one's guess as to when the job market will rebound. Conventional wisdom dictates that if you currently have a job, hang on to it. If you have just been fired, the following steps are advisable:

(1) Do not sign anything until you have had a chance to consult with an experienced attorney who represents workers. Many times, a severance package and check will be presented to you by your employer under the express condition that you sign a complete release in order to get your severance and money. As tempting as this may be, do not sign anything until you have had a chance to review the documents in detail and consulted with a lawyer. Getting the money quickly may be appealing, but in order to do so, you may be signing away valuable legal rights. If you sign the release, your right to sue may be lost forever.

(2) File for unemployment benefits. If you are eligible, this may be what you need to make it through these certain tough times ahead.

(3) Calculate your accrued benefits such as sick days and vacation leave. Make sure that you are compensated for this.

(4) Ask your employer for continued health care coverage (COBRA). COBRA generally requires that group health plans sponsored by employers with 20 or more employees in the prior year offer employees and their families the opportunity for a temporary extension of health coverage (called continuation coverage) in certain instances where coverage under the plan would otherwise end. COBRA outlines how employees and family members may elect continuation coverage. It also requires employers and plans to provide notice.

(5) Ask your employer to fill out a form stating how long you worked for the company and why you left. It's the law and the employer must comply with this request.

At Robert J. Fleming, PC, we have been fortunate to have been able to successfully represent many clients who have recently lost their jobs. We hope these suggestions help. Please contact us to discuss your case.

Effective January 1, 2009, the Americans with Disabilities Act ("ADA") was amended to broaden the number of workers who are protected by the ADA. Under the ADA, workers are "disabled" if they suffer from (1) an impairment that substantially limits one or more major life activities; (2) possess a record of such impairment; or (3) are regarded as having such an impairment.

While this definition has not changed, the amendment instructs the Courts to take a broader construction of this definition, which, in turn, should include more American workers who suffers from impairments. In addition, the amendment instructs the Courts to broaden the definition of "major life activity," which, once again, should result in more Americans who suffer from significant impairments being protected under the ADA.

The amendments seem to be coordinated to broaden the number of workers covered by the ADA. A welcome relief in these trying economic times. Georgia workers should benefit from this relief, as every Georgia worker is entitled to safe and humane working conditions.

Robert J. Fleming, P.C. is dedicated to protecting the rights of Georgia workers who have been killed or seriously injured on the job. If you or a family member have been killed or seriously injured, call us today at (404) 923-7497 for a free initial consultation. We are here to help.