Michigan Employment Disability Discrimination

The Persons With Disabilities Civil Rights Act (PWDCRA) is the Michigan law that prohibits discrimination against an individual based on disability.

In the employment context, the legal definition of disability is:

• A determined physical or mental characteristic that may result from disease, injury, congenital condition of birth, or functional disorder
• If the characteristic:
  
  • Substantially limits one or more major life activities, and
  • Is unrelated to the individual’s ability to perform the essential functions of the job.
    

However, the PWDCRA does not protect a person whose only disability is lack of the skill or knowledge to perform a particular job. Instead, the law covers an individual with a substantial impairment in handling activities that have central importance to daily life. In other words, the person must have a disability in daily life, as well as in the workplace.

Under state law, an employer must accommodate a worker with a disability, unless doing so would impose an undue hardship. Determining whether a requested accommodation would be an undue hardship, is based on a formula, which factors in that employer’s total number of employees and the state average weekly wage.

A worker must give his or her employer a written request for an accommodation within 182 days of time that the worker knows of the need for the accommodation.

Applying these legal protections to the unique situation of a individual with a specific disability can be complicated. If you or a loved one has experienced disability discrimination, it is important to talk with a Michigan employment discrimination lawyer with experience in Michigan and federal employment law.

Federal Disability Discrimination Law
Title I of the Americans with Disabilities Act of 1990 (ADA) prohibits employers from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, or other terms, conditions, and privileges of employment.

The ADA covers private employers with 15 or more employees, state and local governments, employment agencies, and labor organizations. The federal Rehabilitation Act provides that ADA non-discrimination standards also apply to federal government agencies.

Under the ADA, an individual with a disability is a person who:

• Has a physical or mental impairment that substantially limits one or more major life activities,
• Has a record of such an impairment, or
• Is regarded as having such an impairment.
  

An employee or applicant with a disability is considered qualified for a job, if he or she can perform the essential functions of that job, with or without reasonable accommodation.

A reasonable accommodation includes:

• Making existing workplace facilities readily accessible to and usable by a persons with a disability.
• Restructuring of a job, modifying a work schedule, or reassigning to a vacant position.
• Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.
  

An employer is required to make a reasonable accommodation for the known disability of a qualified applicant or employee, if the change would not impose an undue hardship on the operation of the employer's business. The ADA defines undue hardship as an action requiring significant difficulty or expense, when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.

An employer is not required to accommodate a worker with a disability by lowering quality or production standards, or by providing personal use items, such as eyeglasses or hearing aids.

Medical Examinations and Inquiries
An employer may not ask a job applicant for information about the existence, nature, or severity of a disability. However, it may ask about the applicant’s ability to perform specific job functions. In addition, an employer may make a job offer, conditioned on the results of a medical examination, if it requires all prospective employees in similar jobs to have examinations. The scope of any medical examination must be job-related and consistent with the employer's business needs.

Drug and Alcohol Abuse
The ADA does not cover employees or job applicants who currently use illegal drugs, and it does not prohibit drug tests. Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.

Retaliation
It is unlawful to retaliate against an individual for opposing employment practices that discriminate based on disability, for filing a discrimination charge, or for testifying, or participating in any way in an ADA investigation, proceeding, or lawsuit.

If you or a loved one has experienced disability discrimination, it is important to talk with a Michigan employment discrimination lawyer with experience in Michigan and federal employment law.

Michigan Nursing Home Law

In addition to federal government oversight, the State of Michigan regulates the quality of care in nursing homes. The Patient’s Bill of Rights in the Michigan Public Health Code, MCL 333.20201, includes the following protections:

• A Michigan patient or resident is entitled to be free from mental and physical abuse and, except as authorized by a physician, or as necessitated by an emergency to protect the patient, free from physical and chemical restraints.
• A Michigan patient or resident shall not be denied appropriate care based on race, religion, national origin, sex, age, handicap, marital status, sexual preference, or source of payment.
• An individual may obtain a copy of, or inspect his/her medical records, and a third party shall not be given a copy without authorization of the patient except as required by law and third party contract.
• A Michigan patient or resident is entitled to privacy, to the extent feasible, in treatment and caring for personal needs with consideration, respect, and full recognition of his/her dignity and individuality.
• A Michigan patient or resident is entitled to receive adequate and appropriate care and information about his/her medical condition, proposed treatment and prospects for recovery, unless medically contraindicated by the physician in the medical record.
• A Michigan patient or resident is entitled to receive and examine an explanation of his/her bill. He/she also is entitled to know who is responsible for, and who is providing, his/her care.
• A Michigan patient or resident is entitled to associate and have private communication with his/her physician, attorney or any other person, and to send and receive personal mail unopened, unless medically contraindicated.
• A Michigan patient's civil and religious liberties shall not be infringed. The nursing home shall encourage and assist in the exercise of these rights.
• A Michigan patient or resident is entitled to retain and use personal clothing and possessions as space permits. At the request of a patient, a nursing home shall provide for safekeeping of personal property and funds, except that a nursing home shall not be required to provide for the safekeeping of property, which would impose an unreasonable burden on the nursing home.
• Each Michigan nursing home patient shall be provided with meals that meet the recommended dietary allowances for the patient's age and sex and that conform to the individual’s special dietary needs.
• A Michigan nursing home, its owner, administrator, employee, or representative shall not discharge, harass, retaliate, or discriminate against a patient because a patient has exercised rights protected by law.
  

If you think that a loved one was the victim of nursing home abuse or neglect, you owe it to that individual and your family to try to find out what happened. It is important to talk with a Michigan Attorney experienced in nursing home cases and Michigan regulations of nursing homes.

Ohio Medical Malpractice Law Overview

According to a recent report from the American Institute of Medicine, medical mistakes kill as many as 98,000 people every year and up to 7,000 patients die from errors in prescribing medicine. This far exceeds the annual number of people killed as a result of traffic accidents (43,450), breast cancer (42,300), or AIDS (16,400).

Under Ohio law, you often have only 1 year from the date of negligence to file a claim. If the victim of medical malpractice is a minor, then additional time is allowed.

Even if a medical mistake is not fatal, it can cause severe, permanent damage, such as brain injury, paralysis, amputation, disability, or disfigurement. Medical malpractice is about far more than dollars or statistics. The errors take a terrible toll on the lives of innocent victims.

Medical malpractice occurs when a doctor fails to act with a reasonable standard of care. When someone who is not a doctor makes a mistake, he or she is often said to have acted negligently. Malpractice is simply negligence applied to healthcare professionals. Tragically, a doctor's mistake can have severe -- or even deadly -- consequences for a trusting patient.

What is Medical Malpractice?
Some forms of medical malpractice are unmistakable, like performing surgery on the wrong body part or the wrong patient, or administering the wrong medication.

Other types of medical malpractice may not be obvious. For example, if an individual was not warned about the serious risk of a particular treatment or if treatment unexpectedly causes a horrible injury, malpractice may have occurred.

In general, an individual may have a medical malpractice claim when a doctor or other medical professional failed to provide proper treatment and the incorrect treatment caused the patient to suffer a new injury. The law requires evidence of new injury, because it would be unreasonable to hold the healthcare professional responsible for the original medical problem.

Some examples of medical malpractice include:

• Failure to diagnose a medical condition
• Misdiagnosis of a medical condition
• Failure to treat a patient's medical condition properly
• Failure to administer anesthesia safely
• Failure to manage a pregnancy or deliver a baby in a safe manner
• Failure of a nurse or other staff member to keep a treating physician informed of a patient's condition
• Failure to administer medications properly
• Failure to protect a patient from a fall or other injury on hospital property

The Rights of Ohio Medical Malpractice Victims
Sadly, many Americans die each year from medical mistakes. One of the best ways to help correct this crisis in medicine is to hold the negligent hospitals and physicians accountable for their mistakes.

In Ohio, a patient has the right to file a lawsuit against any physician or hospital, which may have committed malpractice. However, the filing requirements for a malpractice lawsuit are lengthy and complicated.

The laws governing malpractice suits may be the most complex of all Ohio personal injury laws. Failure to meet the Ohio legal requirements for an Ohio medical malpractice claim means that the victim loses all rights to file a lawsuit against the medical professional or hospital which negligently caused severe injury -- or even death.

If you or a loved one is the victim of medical malpractice, talk with a dedicated Ohio medical malpractice lawyer.

Michigan Race Discrimination Law

The Elliott-Larsen Civil Rights Act (ELCRA) is the Michigan law that prohibits discrimination based upon race, color, national origin, as well as other factors. The law, MCL 37.2202, states:

An employer must not refuse to hire or recruit, discharge, or otherwise discriminate against an individual with respect to employment, compensation, or a term, condition, or privilege of employment, because of . . . race, color, [or] national origin.

Federal Racial Discrimination Law – Title VII
Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination based on race or color, as well as national origin, sex, or religion. This law applies to employers with 15 or more employees, including federal, state, and local government agencies, employment agencies, and labor organizations.

An employer violates Title VII by discriminating against any employee or job applicant based on the individual’s race or color, in hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment.

No employment decision can be based on stereotypes or assumptions about the abilities, traits, or the performance of members of a particular racial group. Title VII also prohibits intentional discrimination and neutral policies unrelated to the job, which disproportionately exclude minorities.

In addition, an employer cannot deny equal employment opportunity, because of a person’s marriage to, or association with, an individual of a different race; because of membership in, or association with, ethnic based organizations or groups; or because of attendance or participation in schools or places of worship generally associated with a certain minority group.

Race-Related Characteristics and Conditions
Federal law prohibits discrimination based on a characteristic often associated with persons of a particular race, such as skin color, hair texture, or facial features, even though not all members of that race have the same characteristic.

Under most circumstances, an employer may not discriminate because of a condition that generally affects one race. Thus, most employers could not exclude all individuals with sickle cell anemia (which predominantly affects African-Americans), or prevent workers from having beards (which could be a greater hardship for African-American men who have a predisposition to pseudofolliculitis barbae (severe shaving bumps)). However, these types of employment rules would be lawful, if and only if, the employer can show that different treatment for persons with the condition is job-related and essential for business operations.

Harassment
Harassment based on race, color, or national origin violates Title VII. Ethnic slurs, racial "jokes," offensive or negative comments, pictures, or graffiti, or other verbal or physical workplace conduct based on race or color, constitutes unlawful harassment, if the conduct creates an intimidating, hostile, or offensive working environment or interferes with an individual's work performance.

Segregation and Classification of Employees
An employer violates Title VII by segregating or physically isolating workers of a particular race or color from other employees or customers. In addition, employers may not assign workers according to race or color. For example, Title VII prohibits assigning primarily African-Americans to predominantly African-American establishments or geographic areas.

It is also illegal to exclude members of one group from particular jobs, or to group or classify positions or employees, so that members of the protected group generally are placed in certain jobs. The practice of coding applications or resumes to designate an applicant's race or color, by either an employer or an employment agency, also is evidence of unlawful discrimination.

Pre-Employment Inquiries
Asking job applicants for information that indicates race or color strongly suggests that an employer will use it as a basis for hiring. Therefore, if members of minority groups were excluded from employment, the request for this pre-employment information could be evidence of discrimination.

It is possible that an employer legitimately wants information about the race or color of employees or job applicants, to use for affirmative action purposes. In that situation, the employer can guard against improper use of the information with "tear-off sheets" with the identification of an applicant's race. After the applicant completes the entire job application, the employer should remove the “tear-off sheet” and use the remainder of the application form in the hiring process.

Retaliation
Finally, it is unlawful for anyone to retaliate against an individual for opposing discriminatory employment practices, for filing a discrimination charge, or for testifying, or participating in any way in a Title VII investigation, proceeding, or lawsuit.

Head or Brain Injury

Traumatic injury to the head can damage the delicate tissues of the brain. Even if the full damage is not visible, brain injuries are often serious and life altering. The symptoms of brain damage vary widely, depending upon the type and extent of the injury. The most common causes of traumatic head injuries are motor vehicle accidents, falls, and firearms.

Two Categories of Brain Injury
Often, traumatic brain injuries are classified into two categories: penetrating head injury and closed head injury.

1. A penetrating head injury, or open wound, is visible and involves an actual penetration of the skull and brain tissue.
2. A closed head injury is the more common type of traumatic brain injury. These vary widely in severity. For example, a minor concussion is a form of closed head injury. On the other end of the spectrum, a closed head injury can result in complete disability, loss of physical function and cognitive ability, or even death.
   

Symptoms of Brain Injury
Sometimes the symptoms of a profound head injury are not immediately apparent. However, there are recognized symptoms of brain damage. Signs of closed head injury include unconsciousness at the accident site, a coma, or seizure(s). If an individual sustains any injury to the head, it is important to seek immediate medical attention.

When a person’s head is struck or jarred in an accident, be on the lookout for headaches, nausea, confusion, or other problems with concentration or memory. Personality changes also may signal a traumatic brain injury. The injured person might become unusually irritable, angry, or depressed. Family, friends, and co-workers may notice these changes, while the injured person does not. Once again, prompt medical attention is very important for a suspected injury.

The Glasgow Coma Scale
The outcome of a traumatic brain injury varies greatly, depending on its severity. A treating physician often uses the Glasgow Coma Scale to assess the extent of the damage.

The Glasgow Coma Scale measures a closed head injury victim's ability to open his or her eyes, provide verbal responses, and provide motor responses. The scale ranges between a score of three to fifteen. The higher the score, the better the overall prognosis.

Brain Injury Statistics
Traumatic head injuries are all too common. According to the Brain Injury Association, over 1.9 million Americans suffer a brain injury each year, and approximately 80,000 of those injuries result in long-term disability. The estimated cost of caring for traumatic brain injury victims is enormous -- over $48 billion dollars per year.

Head or Brain Injury & Michigan Auto Law
Michigan auto no-fault law requires auto accident victims in Michigan to prove that their injury represents a "serious impairment of a body function." The Michigan auto no-fault law defines a "serious impairment of a body function" as an objectively manifested impairment of an important body function that affects a persons general ability to live his or her normal life.

Michigan courts have interpreted the Michigan auto no-fault threshold to restrict access to the courts for many seriously injured auto accident victims. However, Michigan auto no-fault law provides for an exception to this threshold if the auto accident victim is able to claim a closed head injury.

Michgan law, MCL 500.3135(2)(a)(ii), states:

For a closed head injury, a question of fact for the jury is created if a licensed allopathic or osteopathic physician who regularly diagnosis or treats close-head injuries testifies under oath that there may be a serious neurological injury.

If you or a loved one suffered a serious accident involving a closed head injury, brain injury or head injury, talk with an experienced Michigan personal injury lawyer.

Federal Nursing Home Law

Both federal and state laws regulate almost every aspect of nursing home activity. If a patient is abused or neglected, the nursing home probably is violating the strict laws prohibiting improper treatment.

The following are some of the specific sections of the Code of Federal Regulations (CFR), which regulate the nursing home industry:

• Care for its residents in a manner and in an environment that promotes maintenance or enhancement of each resident's quality of life (42 CFR 483.15).
• Promote care for residents in a manner and in an environment that maintains or enhances each resident's dignity and respect in full recognition of his or her individuality (42 CFR 483.15).
• Ensure that the resident has the right to choose activities, schedules, and health care consistent with his or her interests, assessments, and plan of care (42 CFR 483.15).
• Conduct initially (no later than 14 days after admission) and periodically (after a significant change in the resident's physical or mental condition and, in no case, less often than once every 12 months) a comprehensive, accurate, standardized, reproducible assessment of each resident's functional capacity (42 CFR 483.20).
• Develop a comprehensive care plan for each resident that includes measurable objectives and timetables to meet the medical, nursing, mental, and psychosocial needs identified in the comprehensive assessment. The care plan must be developed within 7 days after completion of the comprehensive assessment and describe the services that are to be furnished. In addition, qualified persons must review, and if necessary revise, the care plan prepared after each assessment (42 CFR 483.20).
• Prevent the deterioration of a resident's ability to bathe, dress, groom, transfer and ambulate, toilet, eat, and to use speech, language or other functional communication systems (42 CFR 483.25).
• Provide, if a resident is unable to carry out activities of daily living, the necessary services to maintain good nutrition, grooming, and personal and oral hygiene (42 CFR 483.25).
• Ensure that residents receive proper treatment and assistive devices to maintain vision and hearing abilities (42 CFR 483.25).
• Ensure that residents do not develop pressure sores and, if a resident has pressure sores, must provide the necessary treatment and services to promote healing, prevent infection and prevent new sores from developing (42 CFR 483.25).
• Provide appropriate treatment and services to incontinent residents to restore as much normal bladder functioning as possible and prevent urinary tract infections and to restore as much normal bladder function as possible (42 CFR 483.25).
• Ensure that the resident receives adequate supervision and assistive devices to prevent accidents (42 CFR 483.25).
• Ensure that a resident maintains acceptable parameters of nutritional status, such as body weight and protein levels (42 CFR 483.25).
• Provide each resident with sufficient fluid intake to maintain proper hydration and health (42 CFR 483.25).
• Ensure that residents are free of any significant medication errors (42 CFR 483.25).
• Maintain sufficient nursing staff to provide nursing and related services to attain or maintain the highest practicable physical, mental, and psycho-social well-being of each resident, as determined by resident assessments and individual plans of care (42 CFR 483.30).
• Ensure that the medical care of each resident is supervised by a physician and must provide or arrange for the provision of physician services 24 hours a day, in case of an emergency (42 CFR 483.40).
• Provide pharmaceutical services (including procedures that assure the accurate acquiring, receiving, dispensing, and administering of all prescriptions) to meet the needs of each resident (42 CFR 483.60).
• Be administered in a manner that enables it to use its resources effectively and efficiently to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident (42 CFR 483.75).
• Maintain clinical records on each resident in accordance with accepted professional standards and practices that are complete, accurately documented, readily accessible, and systematically organized (42 CFR 483.75).

If you think that a loved one was the victim of nursing home abuse or neglect, you owe it to that individual and your family to try to find out what happened. It is important to talk with a lawyer experienced in nursing home cases and federal regulations of nursing homes.

Challenging the FDA and Drug Industry

Many in today's society are quickly realizing that just because the Federal Drug Administration approved a drug, doesn't mean that it's safe. An example of this is actor Dennis Quaid, who nearly lost his newborn twins when they were given an excessive dosage of Heparin. While the labels of the two bottles look nearly identical, the dosage that the Quaid twins received was 1,000 times larger than the amount they should have consumed. Although the company warned hospitals and requested label changes, they didn't take the drug off of the market.

According to Healthgrades, almost 250,000 patients studied between 2003 and 2005 died from potentially preventable problem dealing with improper medication use. The Institute of Medicine approximates that 1.5 million patients suffer the consequences of medication mistakes.

Despite these dangerous errors, the Bush Administration has attempted to pass a bill of goods to the courts, under the grounds that states don't have the right to hold a company accountable for selling a product that has been approved by the federal government. This, many medical experts agree, would be a grave mistake and ultimately would harm drug safety.

An important case to cite is that of Vioxx. In this example, Vioxx was approved by the FDA in 1998, even though it could potentially cause heart attack, stroke, or other severe cardiovascular problems. This is a great example of why the court system is so important. Medical experts remind us that it is absolutely paramount that a drug be constantly monitored during the post-marketing period, as it is possible that new serious safety issues may arise only after a drug has entered the market.

Mistakes in the practice of medicine, especially dealing with medication, are often life-changing and sometimes irreversible. As we handle a considerable number of medical malpractice cases each year, the Law Offices of Samuel I. Bernstein urges you to find an experienced lawyer who will fight on your behalf.

Defective Products Law in Michigan

Michigan Defective Product Law Requirements

One common requirement in all Michigan product liability claims is a finding of a defect in a product. The defect may be based on the following:

• Negligent design of the product
• Negligent manufacture of the product
• Negligent failure to warn about some aspect of the product
• Breach of an express or implied warranty
• Misrepresentation or fraud about the product

Under Michigan law, the injured person must prove the following:

1. The product was defective.
2. The defect caused the injury or damage.
3. An injury or damage was sustained.

Negligent Design
One of the most common defective product claims involves negligent design. These cases involve the design decisions made by the manufacturer during the creation of the product. The focus of this claim is that, even if the product was in its intended condition, there was something inherently wrong with the product that caused the damage.

To prove that the manufacturer failed to exercise reasonable care, the injured person must demonstrate that the product created an unreasonable risk or foreseeable injury.

To establish a prima facie case, the injured person must present evidence regarding either:

• The magnitude of the risk of injury presented by the defect in the product and the reasonableness of the proposed alternative designs, or

• Other evidence concerning the “unreasonableness” of the risks in the design

The application of this approach to each case is critically important. You should consult with an attorney.

Negligent Manufacture
In contrast to negligent design cases, a negligent manufacture case focuses on the actual product. The key question is whether the product that caused injury was different from the intended condition.

Even though the focus is on the product, the injured person must still show that the manufacturer failed to manufacture its product so as to eliminate any unreasonable risk of foreseeable injury.

Negligent Failure to Warn
Michigan product liability law recognizes that some products are inherently dangerous. These dangers cannot be eliminated through the design process. In these instances, a manufacturer may have a duty to warn the user of these hazards.

Michigan courts have ruled that manufacturers have a duty to warn purchasers or users of dangers associated with the intended use or reasonably foreseeable misuse of their products, but the scope of the duty is not unlimited.

Some issues that apply in most warning cases include:

• Whether there was a duty to warn is a question of law for the judge to decide
• The duty to warn arises when the manufacturer knows or should know of the risk of injury
• The standard of care requires the effective communication of adequate, accurate information
• The duty to warn and instruct extends to the foreseeable misuse of a product
• There is no duty to warn with regard to unforeseeable misuses

The two-pronged standard for evaluating a defect in a product, as stated in Owens v. Allis-Chalmers Corp, 414 Mich 413, 326 NW2d 372 (1982), was adopted by the Michigan Legislature in 1996.

The present Michigan Product Liability Act requires proof that:

• The product was unreasonably dangerous at the time it left the manufacturer’s control, and

• A practical and technically feasible alternative design was available at the time of production.

The Michigan Product Liability Act dramatically impacts all Michigan defective product claims. Michigan defective product law includes many important requirements. If you or a loved one was seriously injured by a defective product, talk with an experienced Michigan product liability lawyer today. You should consult with an attorney to learn more about your rights under Michigan law.

Employment Age Discrimination

Age discrimination occurs when an employer treats an individual less favorably because of their age. Unfortunately, age discrimination is an increasing problem in American workplaces.

Both Michigan and federal law prohibit age discrimination and provide damages for its victims. The application of these laws is complex and you should consult with an attorney experienced in Age Discrimination Law.

In Michigan, the Elliott-Larsen Civil Rights Act (ELCRA) prohibits discrimination based upon age. This law, MCL 37.2202, states:

An employer must not refuse to hire or recruit, discharge, or otherwise discriminate against an individual with respect to employment, compensation, or a term, condition, or privilege of employment, because of . . . age.

Federal Law
The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. ADEA protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his or her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.

It is also unlawful for an employer to retaliate against an individual for opposing employment practices that discriminate based on age, for filing an age discrimination charge, or for testifying or participating in any way in an ADEA investigation, proceeding, or litigation.

However, the law does allow an employer to force retirement based on age, in certain job categories, like law enforcement officers, firefighters, and highly paid corporate executives.

The ADEA applies to employers with 20 or more employees, including federal, state, and local governments, employment agencies, and labor organizations.

Advertisements
The ADEA prohibits job notices or advertisements, which include age preferences, limitations, or specifications, unless age clearly is a bona fide occupational qualification (BFOQ), or reasonably necessary to the essence of the business.

Pre-Employment Inquiries
Although the ADEA does not specifically prohibit an employer from asking a job applicant's age or date of birth, these questions are subject to close legal scrutiny because they may discourage older workers from applying for work. Thus, an employer must be able to show that it has a legitimate reason for knowing the age of a job applicant.

Benefits
The Older Workers Benefit Protection Act of 1990 (OWBPA) amended the ADEA, to specifically prohibit employers from denying benefits to older workers. An employer may reduce benefits based on age, only if its cost of reduced benefits for older workers is the same as the cost of regular benefits for younger workers.

Waivers of ADEA Rights
At an employer's request, an individual may agree to give up, or waive, rights or claims under the ADEA. To be valid and legally enforceable, a waiver agreement must meet specific standards, including:

• Be in writing and be understandable
• Specifically refer to ADEA rights or claims
• Not waive rights or claims that may arise in the future
• Be in exchange for valuable consideration
• Advise the individual in writing to consult an attorney before signing the waiver; and
• Provide the individual at least 21 days to consider the agreement and at least 7 days to revoke the agreement after signing it.

The requirements for an ADEA waiver are stricter, if an employer requests it in connection with an exit incentive or early retirement program.

Age Discrimination and Replacement of Higher-Wage Earners
The law does not prohibit an employer from ever replacing workers making higher wages with workers who will make less, based on lower seniority. At the same time, this often involves replacement of older workers with younger ones. An employer who uses wage rates as an excuse, but just wants to get rid of older workers, is violating the law. In an ADEA legal action, the worker must show that it really was age, rather than wages, which motivated the firing of older workers.

Cell Phone Laws Largely Ignored by Teen Drivers

Following a recommendation from the National Transportation Safety Board in 2003, several states have imposed laws banning cell phone use among teenagers while driving. According to the government's automobile safety agency, car accidents are the leading cause of death among young adults .Additionally, these automobile accidents are three times as likely to end in fatality as all other crashes.

North Carolina, for example, enacted a law in 2006 that prohibits motorists under the age of 18 from driving and using a cell phone simultaneously. Despite the threat of a fine, most teenagers have ignored the law. Researchers for the study watched teenagers leaving school discovered that the young drivers were equally as likely to use their cell phones both before and after the law was enacted.

Cell phone bans also have proven difficult to enforce. While spotting a driver with a phone up to an ear is easy, it's nearly impossible for police to recognize hands-free devices and more or less guess how old the drivers are. Furthermore, many are unaware that a ban on cell phone use even exists.

Because teens are ignoring these restrictions, and it is difficult to spot, parental influence is paramount. As our firm handles a vast number of auto accidents each year, we hope that parents will accept their responsibility in teaching their children safe driving habits. Hopefully, it will be a means by which accidents, and especially fatalities among teens, will decline.

Spinal Cord Injury

Between 400,000 and 500,000 Americans have a suffered spinal cord injury.

Some spinal cord injuries, like spina bifida and Friedreich's ataxia, come from inherited conditions. Polio was another significant cause, prior to the discovery of the Salk vaccine.

However, the most likely cause of spinal cord injury is physical trauma. In many cases, severe damage to the spinal cord results from another person’s negligent conduct. If this happened to you or a member of your family, protect your legal rights by consulting an attorney immediately.

Anatomy of a Spinal Cord Injury
The spinal cord, along with the brain, makes up the central nervous system. The spinal cord is the bundle of nerves that runs from the brain down to about the waist. A column of protective bones, known as vertebrae, surrounds this bundle of nerves.

A spinal cord injury is defined as damage to the spinal cord, which causes a loss of function to the body. Frequently, this loss of function is total or partial paralysis and/or a lack of physical sensation.

It is possible to suffer a serious injury, such as a ruptured disc, and not damage the spinal cord. Thus, broken vertebrae in the neck or back (i.e. a broken back) may be less serious than injury to the spinal cord itself.

When a spinal cord injury does occur, the extent of injury often relates directly to the level on the spinal cord where the trauma occurred. Injury to the cervical portion of the cord, the area associated with the neck, often results in quadriplegia, the total paralysis of the arms and legs. If the injury occurs to the mid-section of the spinal column or thoracic region, the result is paraplegia, the paralysis of the lower body. Lower spinal column or lumbar region injury can cause paralysis of the legs or loss of sensation and/or some loss of lower mobility.

Treatment for Spinal Cord Injuries
There still is no cure for spinal cord injuries, although modern research continues to provide hope for future treatments. The most encouraging recent breakthroughs are medications administered shortly after injury, which reduce the spinal cord swelling and lessen the severity of injury. Most of these medications are steroid-based. One of the most common is called methylprednisolone.

Spinal Cord Injury Statistics

• Approximately 10,000 new spinal cord injuries are reported in the United States every year. Many of these injuries result from the unintentional, but improper, actions of others. In legal terms, this is "negligent conduct."
• Young males have a statistically greater chance of sustaining a spinal cord injury. Over 80% of the new traumatic spinal cord injuries in this country happen to males between the ages of 16 and 30.
• Approximately 36% of traumatic spinal cord injuries resulted from automobile accidents.
• 21% of traumatic spinal cord injuries are linked to falls.
• About 29% result from violence, including gunshot wounds.
• About 85% of spinal cord injury victims who survive the first day after injury are still alive ten years later.

The Financial Impact of Injuries
The cost of a serious injury can be catastrophic. This is an extreme hardship when the injuries make work impossible and rent, gas, and medical bills start to accumulate. Our law firm will help you recover these costs from the insurance company or the at-fault party. If you or a loved one suffered a serious accident involving a spinal cord injury, talk with an experienced Michigan personal injury lawyer.

Boating Season Starts With a Reminder of Safety When Macomb County Boat Accident Leaves 3 Dead and 2 Injured

Three Michigan boaters were left dead after the boat they were riding in collided into an anchored barge in Belvidere Bay, just off Lake St. Clair in Harrison Township on May 29th, 2008. The accident left two others hospitalized with serious head injuries, but luckily both are expected to survive.

The barge, located approximately a quarter mile outside the channel to Mac and Ray’s, is in place to assist with a dredging operation. Police reports show that the barge has lights on it. Boaters in the area however, insist that the barge is dangerous and difficult to see at night.

The Michigan Association of Insurance Agents released a report last week that stated that boating deaths in Michigan reached a 5-year high in 2007, when 35 fatalities were counted among Michigan boaters. This number has risen since 2006, a year which had 29 boat-accident related deaths. A considerable number of boating accidents were alcohol-related.

It dismays us to hear news of more boating accidents resulting in injury and fatality in the state of Michigan. As our firm handles a considerable number of these accidents each year, we urge all Michigan boaters to use caution while out on the water.