Author Archives: Rod Rehm

How to File a Safety and Health Complaint

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Today’s post was shared by the U.S. Department of Labor and comes from www.osha.gov

 

How to file a complaintIf you suspect an OSHA violation has happened at work, it’s important to report it by following the steps listed at the website below. If you have questions about reporting a violation, please contact us, and we can help point you in the right direction. In addition, many of OSHA’s inspections occur because of injuries, so if you or a loved one is injured at work, please contact an experienced workers’ compensation lawyer who can make sure the appropriate OSHA reports, as applicable, are considered in your case.

The Occupational Safety and Health Act of 1970 gives employees and their representatives the right to file a complaint and request an OSHA inspection of their workplace if they believe there is a serious hazard or their employer is not following OSHA standards. Workers do not have to know whether a specific OSHA standard has been violated in order to file a complaint.

Complaints from workers or their representatives are taken seriously by OSHA. OSHA will keep your information confidential.

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The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in OSHA, Workplace Claims, Workplace Injury, Workplace Safety and tagged , , , .

New Intermediaries Will Help Scale U.S. Apprenticeships

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Today’s post was shared by US Dept. of Labor and comes from blog.dol.gov

What do you know, and what are you assumptions, about apprenticeships? Is it possible that what a person learns in an apprenticeship can be transferred to another job or even another industry?

We have promoted blog posts about apprenticeships before like this one: Companies Must Understand: Labor is About More Than Just Jobs and this one: The Largest Apprenticeship Investment in U.S. History.

The best description of the results of holding an apprenticeship that I have seen lately is directly from this post:

“In a labor market that increasingly favors and rewards skilled workers, apprenticeships offer intensive skills training, a credential and middle-class wages.”

The U.S. Department of Labor is working to expand the idea of apprenticeships programs to two key groups:

“…expanding apprenticeships in new industries, and

increasing opportunities for underrepresented groups to participate in apprenticeship programs.”

Though there is some jargon in the blog post, I greatly enjoyed the word cloud that is the illustration. I also enjoyed the information that since 2014, “the Department of Labor has made unprecedented investments to support the development and expansion of new and existing apprenticeship programs, announcing or awarding $265 million in funding, thanks, in part, to a historic, bipartisan agreement made by Congress and based on the president’s 2016 budget.” Because making sure an effort is funded is a very important step in the process.

And making sure the two groups above know the “how” of the process is also important, as evidenced by this quote:

“… other high-growth industries – such as advanced manufacturing, energy, health care, homeland security, hospitality, and transportation – are less experienced with the apprenticeship model, and often lack the expertise needed to develop high-quality programs, and engage employers and other key stakeholders.”

This blog will continue to monitor federal, state and local efforts to provide training and apprenticeships to workers, celebrate those accomplishments, and point out the need for training improvements that benefit workers. Have a safe, productive week.

A word cloud shaped like the United States includes words related to apprenticeship, including #ApprenticeshipWorks, learn, on-the-job training, earn, dol.gov/apprenticeship, workforce and ApprenticeshipUSA.
A word cloud shaped like the United States includes words related to apprenticeship, including #ApprenticeshipWorks, learn, on-the-job training, earn, dol.gov/apprenticeship, workforce and ApprenticeshipUSA.

Apprenticeships, paid training programs that combine on-the-job training and classroom instruction, are an effective yet underused strategy for training workers for in-demand jobs. In 2014, in an effort to increase the use of apprenticeship as a pathway to middle-class employment, President Obama set a national goal to double the number of U.S. apprenticeships within five years.

Since then, the Department of Labor has made unprecedented investments to support the development and expansion of new and existing apprenticeship programs, announcing or awarding $265 million in funding, thanks, in part, to a historic, bipartisan agreement made by Congress and based on the president’s 2016 budget.

As part of that initiative, the Department of Labor is awarding 14 contracts to industry and workforce intermediaries to advance two major goals for expanding apprenticeship programs in the United States:

  • expanding apprenticeships in new industries, and
  • increasing opportunities for underrepresented groups to participate in apprenticeship programs.

According to the department, the majority of apprenticeship programs are in the construction industry. In 2015, 47 percent of active apprentices were construction apprentices. After construction, the next most popular industries…

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The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

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Keep Ag Worker Safety in Mind this Harvest Season

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As harvest kicks off on the Great Plains, please take the time to be safe and make sure you understand the safety policies of your business, whether you’re a worker, a supervisor, or the employer.

The information and resources below are a sometimes-stark reminder of the need for safety all year when it comes to agricultural jobs, especially at harvest, when long hours and the urgency of the time available all affect a person’s decision-making abilities.

First, here’s a summary of a news release from the Occupational Safety and Health Administration investigation that was the result of an elevator supervisor’s death in a soybean bin in March of this year. Sympathies go to the “41-year-old elevator superintendent’s” loved ones. This person’s death is especially tragic because Cooperative Producers Inc. has been cited seven times since 2011 for grain handling safety violations. This most recent violation resulted in a proposed fine of $411,540 and also earned the Hastings, Nebraska-based company a spot in OSHA’s Severe Violator Enforcement Program.

In this most recent incident, the worker was with two others in a soybean bin, and he “suffocated when his lifeline tangled in an unguarded and rotating auger,” according to the news release.

“OSHA investigators determined three workers, including the elevator superintendent, had been standing over the unguarded auger using a pole in an attempt to dislodge soybean debris in a grain bin that contained more than 50,000 bushels of soybeans sloped 12 to 20 feet up its walls.

“During its investigation, the agency found CPI failed to:

  • Disconnect a subfloor auger before allowing workers to enter.
  • Test atmospheric conditions in grain bins before allowing workers to enter.
  • Implement procedures to prevent sudden machine start-up or unintentional operation, a process known as lockout/tagout.
  • Install adequate machine guarding to avoid contact with moving parts.”

The Nebraska State Patrol on Twitter at @NEStatePatrol recently shared a news release that focused on being even more careful and aware of other vehicles than usual, which was the other motivation for today’s blog post.

Harvest is really ramping up just in time for the days to get shorter and machinery operators to be traveling to and from the fields at hard-to-see hours, especially dawn, dusk and at night. In addition, with the school year starting recently, more inexperienced drivers are driving with school permits on rural roads and might not be able to react as quickly as other drivers would anticipate.

“Combines, grain carts, tractors, and other agricultural implements typically travel at slower speeds,” according to the patrol’s news release. “Due to their dimensions and loads, operator visibility is often reduced. Motorists are reminded to be aware and utilize caution when approaching, following or passing farm vehicles.

“‘Harvest time means tall crops and often limited visibility at rural intersections,’” said Colonel Brad Rice, superintendent of the Nebraska State Patrol in the news release. “‘Motorists should also be aware of the possibility of wildlife moving around due to the increased activity in the fields.’”

Here are some of the firm’s previous blog posts with additional resources about agricultural jobs and workers’ compensation, grain-handling safety, and harvest.

Please take the time during harvest, and all of the time, to know and follow safety policies and procedures in agricultural jobs. If you’re an employer or manager, it is essential that workers are trained in and implement safety efforts, regardless of the hustle and bustle of the season, harvest or otherwise.

Make sure to contact an experienced workers’ compensation lawyer if you or a loved one has questions about a work-related incident or injury.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Workplace Injury, Workplace Safety and tagged , , , , , .

Honor Workers this Labor Day by Supporting Corrections’ Employees

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nebraska corrections officerLabor Day is to honor workers. We must never forget that. Labor unions have worked long and hard to improve the lives of workers. Safety and reduction of injury is one area that directly benefits all workers.

Most workplaces are safer than they were a decade ago. In Nebraska, correction workers are experiencing dramatic and frightening increases in violence and injury.

The stories of riots and inmates assaulting workers are all too frequent.  The root cause is simple. We don’t have enough corrections workers. This also seems to be the case in Iowa.

The Nebraska Association of Public Employees/American Federation of State, County and Municipal Employees is fighting hard to get the governor of Nebraska to get more hands on deck and hire more workers to protect all corrections officers.

Wouldn’t it be great as Labor Day approaches if the governor decided to add more corrections officers and make that workplace safer? I don’t think we should hold our breaths for that to happen, but one can hope.

We can all lend our voices to support NAPE/AFSCME in its efforts. Keep up the good work!

 

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Iowa, Labor Day, Nebraska and tagged , , , , .

Trouble Flexing Your Foot Up? You May Have Foot Drop.

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Today’s blog post was written by Anthony L. Lucas from The Jernigan Law Firm in North Carolina. I think that consumers and those who have loved ones with this condition will find this information useful. Just like in a previous blog post that Mr. Lucas wrote, it is helpful to have more details about a medical concern, so a person can have the knowledge to ask questions for greater understanding of a person’s individual situation.

Though each case’s details are different, in general, if foot drop is a result of you or your loved one’s work-related injury, it is more than likely covered by a state’s workers’ compensation laws. There are some exceptions in Nebraska, so please contact a lawyer who is familiar with your state’s workers’ compensation system for more information and with your specific details.

Foot drop describes the inability of a person to lift his or her foot at the ankle due to weakness or paralysis of the muscles that lift the foot. Foot drop can be caused by several things including: an injury to the spinal cord, an injury to the nerve that controls the muscles involved in lifting the foot during hip or knee replacement surgery or during intramuscular injections, ALS, multiple sclerosis, Parkinson’s disease, or muscular dystrophy.

Symptoms of foot drop include dragging your foot on the floor when you walk, walking like you are climbing stairs to prevent your foot from dragging, and numbness on the top of your foot and toes. Treatment options depend on the cause and severity of a person’s drop foot and include orthotics such as braces or foot splints, physical therapy, or surgery including decompression, nerve sutures, nerve grafting, nerve transfer, or tendon transfer.

Depending on the cause of a person’s foot drop, it may not be a lifelong disability. If the underlying cause is trauma or nerve damage it is possible for a person’s foot drop to improve or go away completely; however, if the underlying cause is a progressive neurological disorder, foot drop will likely continue as a lifelong disability.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Workers' Compensation, Workplace Injury and tagged , , , , , , .

Cutting Corners in Construction Costs Lives

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Today’s blog post was shared by the U.S. Labor Department and comes from blog.dol.gov

This is quite the article that looks at the journey of keeping one Florida construction company accountable for workers’ safety. The original incident sadly resulted in one worker’s death and 20 workers’ injuries. The company, Southern Pan, when faced with a $125,000 fine, went through the appeals process to try to avoid paying the full fine. The company’s lawyers were successful, so the Labor Department’s lawyers appealed, and after eight years of the process, this happened: “… an administrative law judge affirmed OSHA’s citations and ordered the company to pay the full penalty of $125,000.”

Although this situation happened in Florida, deaths because construction businesses took shortcuts in safety are all too common. Here’s a link to a blog post from 2015 that was a follow up to an OSHA investigation in Nebraska where one worker died and another was seriously injured when their employer didn’t provide any fall protection and the workers fell 16 feet off a roof.

“According to OSHA rules, employers have the responsibility to provide a safe workplace.”

This thought was highlighted in a previous blog post from a guest author Catherine Stanton, who works at a New York City law firm. In her blog post, she wrote about the need for safety enforcement in construction and other industries.

As I wrote in a recent blog post, violating safety codes are unlawful acts.

“As a representative of injured workers, I have seen hundreds, if not thousands, of work injuries or deaths caused by gross disregard of safety codes and regulations by employers.”

If a business follows OSHA regulations – many of these construction deaths, whether in trenches, as a result of falls, or when a company completely disregards the safety of its workers like in Florida – should be preventable.

It would take a much longer discussion to debate how to make these businesses understand even part of the loss that the loved ones of the workers who died feel, and you can read a few thoughts on this topic at this recent blog post. Because everyone should be able to return home to their loved ones after an honest day’s work.

an image of the collapsed parking garage

an image of the collapsed parking garage

In the construction industry, precision matters – corners need to be square, lines have to be level and plans must be followed. Following the rules keeps buildings and people safe. But when construction companies cut corners, workers often pay the price.

That is exactly what happened in Jacksonville, Florida, in December 2007. A construction company called Southern Pan thought eliminating basic safety procedures would save time and money. The result? A six-story parking garage came crashing down, killing one worker and injuring 20 others. The worker who was killed, Willie Edwards, was only there that day because he decided to pick up an extra shift to buy Christmas presents for his children.

This horrific tragedy could have been easily avoided.

The Occupational Safety and Health Administration enforces construction standards designed to keep workers safe from building collapses like this. To keep a building from collapsing during construction, a process called “shoring” is used, which involves wood or steel beams to help support the weight of concrete and other construction loads.

In violation of OSHA’s construction standards, Southern Pan chose to remove most of the shores from the first two floors of the parking garage, ignoring blueprints that required all shoring to remain from top to bottom until the building was completed. The company then knowingly permitted workers, including Edwards, to work in the…[Click here to see the rest of this post]

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Workers' Compensation, Workplace Injury, Workplace Safety and tagged , , , , , , .

Series Shows Reality for Workers at Meatpacking Plants

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Here are many recommended reading links for people who care about how workers are treated at places that process the meat that lands on their tables.

I have recently written about how packing plants are still brutal places to work, according to the Government Accountability office, and the articles below reinforce those perceptions.

Harvest Public Media and NET Nebraska recently collaborated on reports that show the reality of life for the majority of people who work in meatpacking plants. Because there is different information in the audio and the written reports, I think it’s best to read and listen to both. The series is appropriately called: Dangerous Jobs, Cheap Meat

The U.S. Department of Labor’s Occupational Safety and Health Administration, or OSHA for short, considers work in food plants to be high-hazard manufacturing industries, and recently completed a 90-day regional emphasis in Nebraska, Kansas and Missouri that focused on such businesses.

Getting hurt working in a meatpacking plant is so common. As a person can read at the links, injury incidents range from repetitive motion problems for workers on the line to a maintenance worker being killed by machinery without the right guards and also amputations for employees struggling to earn a wage and keep up with line speeds.

Even with new reporting requirements that OSHA has, some experts say that injuries are underreported in meatpacking plants. A recent report also showed that working conditions were bad, specifically in poultry plants.

“The rate of meatpacking workers who lose time or change jobs because they’re injured is 70 percent higher than the average for manufacturing workers overall, according to the Bureau of Labor Statistics,” as quoted in the NET Nebraska article about safety efforts. However, the article says that “meat processing is drastically safer than it was 20 years ago.”

Knowing that a workplace is safer but is a place where “meat and poultry workers are still hurt more often than other manufacturing workers” is a small assurance to those who work there.

The article talks about how companies are trying to change their culture and safety records.

It’s hard to not be skeptical, as injured workers are rushed back to the line, denied treatment, or fired for being unable to perform their jobs. That’s one reason that we represent meatpacking plant employees and families who suffer a wrongful death.

Greta Horner said this in the article about her husband’s “preventable” death as a maintenance worker at a meatpacking plant, and I firmly believe it.

“They need to realize that everybody that works there is a human being with a life and it’s not just a statistic, it’s a person.

“Their employees aren’t cattle that go through the chutes. They’re people with families.”

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Workplace Injury, Workplace Safety and tagged , , , , .

Why Not Prosecute Employers for Manslaughter When They Cause Worker Deaths?

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Earlier this week, I read a blog post about a contractor facing criminal charges for gross violations of safety regulations leading to the death of an employee in a trench.

Also recently, another blog post describes large Occupational Safety and Health Administration fines levied against Nebraska businesses for serious OSHA violations relating to a cave-in fatality in Alliance, Nebraska. 

Several years ago, I represented a young mother who lost her husband in a cave-in that took four lives in Nebraska and resulted in an initial penalty of more than $200,000 for multiple violation of OSHA. 

On the way to work the other day, I heard part of an NET series on the radio that talked about the many safety risks in meatpacking plants. What many people don’t know, and that the NET link points out, is that fines are related to the safety problems and violations found, not necessarily related to how badly someone was injured or whether a worker died in the incident that prompted OSHA’s inspection.

“The agency assesses fines based on violations to the Occupational Safety and Health Act of 1970, not based on injuries or fatalities those violations actually cause, (Herb Gibson, OSHA area director for the Denver office) says. A worker death, and possibly a serious worker injury, will spur OSHA into action to conduct an inspection, but a worker death doesn’t necessarily influence the final fine the company pays, even if one of the violations plays a role. 

“‘In my personal opinion, the fines could be modified for fatal cases but that’s not what the law — it doesn’t have a separate penalty for a fatality,’ Gibson says. ‘And that would require legislation to change that particular provision.’”

As a representative of injured workers, I have seen hundreds, if not thousands, of work injuries or deaths caused by gross disregard of safety codes and regulations by employers. Trench deaths are an example of such situations. They are highly preventable if OSHA regulations are honored.

Yet, I am unaware of a Nebraska  prosecutor filing criminal charges, even though we have statutes supporting such charges. 

In Nebraska, one definition of manslaughter states: “A person commits manslaughter if he … causes the death of another unintentionally while in the commission of an unlawful act.” 

Violating safety codes or OSHA violations are unlawful acts. Causing human beings to work in trenches that do not follow OSHA  is an unlawful act. Why not make examples of businesses that violate safety laws? Perhaps then more employers would treat safety in the workplace with more diligence and respect for workers and their families.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

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