Tag Archives: Independent

Independent Contractor Lawsuit

Independent Contractor Lawsuit

“Bruce” was an independent landscaper who was often called upon by a larger landscaping contractor to help with big projects. The fact that he was an independent contractor is important because otherwise under New York Law an employee cannot sue his employer because of the workers’ compensation law.

On one job, the task was to remove a large maple tree on a homeowner’s property in Westchester. The team began by cutting off the top of the tree.

The remaining part of the tree was going to fall in an area that was zoned off, which was about 60 feet in radius so there would be plenty of room for the tree to land without incident. A rope was thrown around the branch and the workers pulled it tight toward the sectioned off “zoned” so that the tree would fall in the right direction.

As the tree began to fall, two of Bruce’s co-workers panicked and began running away leaving Bruce with a slackened rope as the tree began to fall “off course”. Bruce tried to get the tree under control by pulling on the rope himself but as you can guess, the tree won.

Then there was a domino effect: Bruce got out of the way of the Maple tree, but the Maple tree fell onto an Ash tree which then snapped and struck Bruce causing enormous injuries requiring multiple surgeries.

Bruce sued the landscaping company and recovered a substantial amount, given that the accident was a result of lack of control and safety procedures on the site by the company that hired Bruce. If the workers who gave up on Bruce were his co-workers, the best he could have hoped for was whatever he received from workers compensation, which only provides for reimbursement of wages and payment of medical expenses. There is no recovery for pain and suffering under New York workers’ compensation State.

The best way to find more information on cases related to recovery and compensation from personal injury, medical malpractices, construction accident injuries, premises and property cases, etc. is to visit a New York Trial Law firm at www.triallaw1.com

Donald Trump Polls May Underestimate His Support From College Educated Voters
In a study with about 2,500 Republican and Republican-leaning respondents that was released today, however, opinion polling and market research firm Morning Consult concluded that Republican and Independent voters may be reluctant or perhaps …
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Federal Court Refuses to Review 2005 Attack On Independent Candidates – Oregon

Federal Court Refuses to Review 2005 Attack On Independent Candidates – Oregon

Political parties did not exist in 1787; nor, are they mentioned in the U.S. Constitution. Despite this, the newly-created electorate rapidly fragmented.

By the time Oregon joined the Union, parties defined American political life. Chief among their tools: The right to decide who got the privilege of running for political office.

Hardly democratic.

Even a basic understanding of that term supports the notion that choosing the various candidates is at least as important as choosing the eventual winner.

In 1904, tired of the “Tweedledee-Tweedledum” general elections offered by the party bosses, Oregonians initiated the Direct Primary Law, allowing voters, not political conventions, to determine the nominees. The law also allowed electors to both vote in their party’s primary and sign the nominating petition of “any independent or nonpartisan candidate.”

After all, if my main concern is, say, the unhealthy influence of money on state and federal elections, and, if those at the top of my state party’s slate don’t share that focus, why shouldn’t I be allowed to help choose who represents me in the legislature, and, then throw my support behind an independent gubernatorial or Presidential candidate scared of dollars, too.

Or, what if the nominee dies before the general election and my neighbor is dissatisfied with the replacement chosen by her party’s central committee? Why shouldn’t she be free seek an independent candidate more in sync with her views?

If you run the parties, the answers are obvious – allowing individuals to stray from the reservation, as it were, reduces your power.

Exactly!

Since 1904, Oregon’s political parties have belonged to the voters; not, the other way around.

Unfortunately, the people who write the elections laws can’t claim the same independence. These legislators naturally support electoral machinery that guarantees their bloc’s success.

Unfortunately, for them,

Independent Thinking When Casting Your Vote

Independent Thinking When Casting Your Vote

Adjusting the U.S. Election Process – Should that be done and if so, what kind of adjusting should take place to bring this and other related areas of the U.S. Constitution into the 21st Century. No easy task, no easy solutions, and one of the most important elements in this whole process is YOU.

Without your input and your standing up to be counted, the founding fathers of the Constitution will be judged to be right on one count and wrong on another.

“THE FEAR of the ‘common people’ that drove America’s founders had obvious results in the Constitution. Presidents were elected by a small Electoral College without a popular vote, the Senate was filled with the choice of state legislatures and not the people, the electorate was kept tiny and discriminatory select. Indirect representative democracy held pure democracy at bay.”

“Given the lack of broad-based education, the widespread poverty of the eighteenth century America, and the absence of any successful contemporary democratic precedents, perhaps the founders’ fears were at least partly justified. None of these conditions prevails today, however. Never in the history of mankind have a people been so well educated, with so many sources of information available at instant command”.

“The founders themselves would have been the first to express amazement, and puzzlement, that their country had not had the self-confidence to reexamine their labors at regular intervals.”

(This is taken from Larry J. Sabato’s book A More Perfect Constitution).

Should we fail to make the necessary adjustments that take into consideration the differences that prevailed when the Constitution was formed and today’s America, then they should be judged as right to have ‘feared the common people’.

Should we fail to bring our laws of the land and our Constitution into today, they will be judged as wrong when they foresaw that their labors of developing the Constitution would be changed to

Will South Sudan Become Independent From Serbia?

Will South Sudan Become Independent From Serbia?
As we can see from the news that UN Security Council on Wednesday lauded the terminations of the south Sudan referendum, which showed that an consuming absolute majority of voters opted for withdrawal.

It is reported that the affirmation came as Maria Luiza Ribeiro Viotti, the lasting congressman of Brazil to the UN and the circumvolving president of the Security Council for February, read a presidential statement during an open-door meeting on the region.

It is said by the affirmation that the Council called on the international biotic community to lend its full accompaniment to all Sudanese people as they built a peaceful and auspicious future.

As we can see from the news that the 15-nation Council complimented the parties of the across-the-board Peace Agreement, inked in 2005, which ended a 20-year civil war between the north and south of the largest African nation and mandated that a referendum on southern secession be held.

Receiving the assertions of Sudanese President Omar al Bashir and Vice President Salva Kirr which admitted the final results of the referendum, the Council called on all member states to respect the outcome of the referendum.

The statement said that peace and constancy depends on the full and timely carrying out of the CPA. And it is critical that all companies reach quickly an accord on the status of the oil-rich Abyei area — the reign of which has been altercated by the north and south of Sudan. Conveying “deep concern” in the uptick in violence and insecurity in Darfur, which include aggresses by arise groups, aerial shelling by the Sudanese Armed Forces that left 43,000 civilians deracinated, the Council “recalls the importance it accompanies an end to impunity, and to justice for crimes charged”. The Security Council reaffirmed their support for the African Union-United Nations Hybrid operation in Darfur and urged all parties to maintain “full and unhampered access” to allow