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Sexual harassment and misconduct have been used interchangeably, and although the two are related, there are some differences with their definitions.

When one says misconduct, it really refers to the act itself. In legal terms, it is defined as a wrongful, improper or unlawful conduct that is motivated by intentional purpose or with no regard to the consequences of their actions.

While the behavior is wrong, it does not always directly affect or offend others in the workplace.
Harassment on the other hand, refers to a wide variety of offensive behavior. In legal terms, it is defined as behaviors that are found to be threatening or disturbing.

The person committing the act may not even know that his behavior is offensive until it is given attention.

Sexual Misconduct

Sexual misconduct refers to wrongful or improper acts that are sexual in nature.

Specifically, this refers to a person of authority engaging in any sexual activity with a subordinate, a customer or a client.

Common examples are sexual activities between:

• A supervisor, manager or employer and an employee

• A teacher and his/her students

• A doctor and his/her patients

While the acts may not be explicitly illegal, it often goes against professional codes of ethics. This could lead to dismissal or revocation of the person’s professional license.

Lastly, the subordinate may also allege sexual harassment.

Sexual Harassment

Sexual harassment refers to behaviors like intimidation, bullying, and/or coercion that is sexual in nature.

It may also refer to the unwelcome or inappropriate offer of reward in exchange for sexual favors.

Sexual harassment can range from simple annoyances to major offenses like sexual abuse and sexual assault.

In the US, this is also considered as a form of employment discrimination and abuse which is actionable by law.

That is why one of the major goals of most employers is developing key measures and policies to prevent sexual harassment and other forms of discrimination in the office.

There are two types of sexual harassment in the workplace. They are:

Quid Pro Quo – It literally means “this for that.” This refers to the form of sexual harassment where a workplace benefit is directly tied to an employee giving in to requests of sexual favors by a person of authority like a supervisor, a manager or the employer themselves.

• Examples of this type of sexual harassment are:

o Promise of a raise in exchange for a date or any sexual favors

o Threat of firing or dismissal from work if the employee does not sleep with the supervisor

• Quid pro quo harassment is unlawful regardless if the victim resists or gives in to avoid the threat.

• Hostile Work Environment – This is when an employee is subjected to actions that are sexual in nature. It could be comments, unwelcome physical contact or offensive sexual materials.

• Some examples of this type of harassment are:

o Posting pornographic materials in the employee’s cubicle

o Consistently telling dirty jokes or stories within everyone’s earshot

o Allowing the use of derogatory terms like bitch, pussy, etc.

Take Action

If you are a victim or has knowledge of sexual harassment and misconduct, it is important to report the incident to the proper authorities such as your immediate supervisor or HR department.

You should also get assistance form an employment attorney to protect your rights and prevent retaliation.

Metrolink is a 512 mile rail transit system that was developed to meet the need of working commuters.

It was developed to reduce congestion and improve mobility in the Southern California Region.

It was formed by the coming together of five-county transportation organizations that represents its own county. Namely, they are:

• Los Angeles County Metropolitan Transportation Authority (MTA)

• Orange County Transportation Authority (OCTA)

• Riverside County Transportation Commission

• San Bernardino Associated Governments

• Ventura County Transportation Commission

It now has seven lines, 56 stations, and carries an average of 45,000 riders daily.

Metrolink Train Accidents

Although its ridership is just the seventh largest in the United States compared to other rail systems, it still holds the distinction of having the second-highest number of train accident related fatalities.

The only other transit with a higher death total is the New Jersey transit, whose trains travel six times as many miles as that of Metrolink and carries five-times more passengers.

This gives Metrolink the highest fatality rate among all rail transits in the country.

From a study made by the Federal Railroad Administration, they found that in one 6-year period, more than 50% of train passenger fatalities will be from Metrolink.

In fact, from 1998-2008, there are 99 deaths linked to Metrolink train accident – that is more than any other rail systems in the country.

Causes of Metrolink Train Accidents

Metrolink train accidents can be caused by various things.

Some of the negligent actions that could and may have already caused some of the worst train accidents are:

• Inattentiveness of the engineer or the conductor

• Failure to see signals of another train on the track

• Poor maintenance of tracks

• Inadequate or inoperative warning signals

• Faulty maintenance of trains

• Non-compliance with safety standards

Metrolink also operates trains that are in “push mode,” where instead of the traditional way of having the engine in front pulling the carts, the engine is located at the back pushing the trains.

As a result, it lacks the additional protection that traditional trains provide for head-on collisions.

As was the case in 2005, when a man abandoned his suicide attempt and his SUV on the tracks where it was hit by an incoming Metrolink train head-on which resulted to eleven people getting killed.

The speculation was that if there was an engine in front of the train then it could have lessened the impact and would have not immediately affected the passenger carts.

Solutions

After the 2008 Chatsworth incident where the engineer’s failure to stop at a red light (warning of another train on the same track) killed 25 people, the government has been looking onto ways to prevent or lessen train accident fatalities.

One of those is the Rail Safety Improvement Act where it aims to have all railway agencies install a satellite-linked system that will automatically stop trains that run a red light by 2015.

Taking Action

Train accident injury cases may take longer than the usual personal injury cases.
The best course of action would be to hire a train accident lawyer, who is experienced and is an expert on the applicable laws regarding train accidents

One of the main causes of auto accidents in Los Angeles is reckless driving. In fact there are about 5,000 deaths attributed to reckless behavior that resulted in a vehicle collision.

Reckless driving, under California state laws, is considered a neglectful action especially if it results in an injury or death of another person.

Getting behind a wheel entails responsibilities to keep him/her self and others safe from harm. However, a lot of drivers are not aware that some of their habits can be considered as reckless driving.

Here are some actions that may be considered as reckless driving which can result to auto accidents that can cause injuries and death to another person:

• Driving at speeds that are above the posted speed limit

• Driving at speeds way below the posted speed limit

• Swerving in and out of lanes

• Aggressive lane changes

• Not using turn signals

• Driving while talking on a cell phone

• Driving while there are distractions inside the car

• Driving while under the influence of alcohol, drugs or both

• Driving while sleepy or drowsy

• Road rage

• Engaging in drag racing and drifting

In the event that you are injured in an auto accident as a result of reckless driving by another motorist, then you may be entitled to some compensation.

Aside from physical injuries ranging from minor scrapes, cuts and bruises to major injuries such as head and spinal injuries; you may also suffer from non-physical injuries such as emotional and mental trauma, not to mention the lost income from taking time off work and the build-up of medical expenses.

The good thing is that State and federal laws provide avenues for you to go after the liable party and have them pay damages for the injuries you suffered.

However, it is easier said than done. Insurance companies are known to take all measures to avoid doling out huge amounts for claims.

Insurance adjusters are paid to do one thing, find ways to pay you less if any at all.

This is where an expert auto accident lawyer comes in.

A good auto-accident lawyer form a reputable law firm has generally spent years handling cases similar to your own.

The auto accident lawyer could help you answer the difficult questions thrown at you by the defendant’s insurance company and they could also initiate negotiations so that opposing parties can arrive at a fair settlement.

An auto accident lawyers should make sure that you get:

• A thorough medical evaluation

• Medical care for all injuries sustained because of the accident

• Ongoing care in case of disability

• Payment for property damages and medical bills

• Reimbursement of lost income

• Reimbursement of lost earning capacity

• Payment for physical, emotional and mental trauma if applicable

• Payment for damages in case of wrongful death

If no settlement is reached, the auto accident lawyer can then help in filing the necessary personal injury charges and represent you in court.

A settlement can still be reached; however, it has to be approved by the courts.

Independent contractors refer to a separate person, business or corporation that provides goods or services to another entity under the terms of a specific contract or through verbal agreement.

Independent contractors usually operate through a limited liability company and are usually paid in a freelance basis.

Some occupations where independent contractors are common are:

• General contractor

• Taxi cabs and limo drivers

• Courier

• Newspaper carriers

• Stockbroker

• Private security

• Lawyers

• Doctors

• Author

• Personal trainer

• Professional sports

Independent contractors should also be differentiated from employees. Unlike an employee, an independent contractor does not work regularly with an employer.

Employers do not have the right to supervise or monitor the process by which the contractor delivers his service or goods. The employers can only direct the end result of the work.

Although each state may have different policies with regard to separating independent contractors from employees, the following standards are usually common:

• Independent contractors are not required to follow specific methods or processes for completing work.

• Independent contractors can hire assistants to complete the job.

• Independent contractors can provide goods or services to several other companies.

• Independent contractors have an independent contractor agreement with the employer.

• The business relationship is often short-term.

• Independent contractors may invest in equipment and facilities to complete a job.

Inability to separate employees from independent contractors could have dire consequences come tax season.

An employer who misclassifies an employee as an independent contractor can be charged a huge fine and would end up owing the IRS all back taxes with penalties ranging from 12-15% of the owed.

To avoid this problem, an independent contractor agreement should be signed between the employer and the independent contractor.

An independent contractor agreement should cover all the aspects of the relationship between the employer and the contractor.

Key provisions that should be included are:

• Verification of employee-contractor relationship – One of the most important benefits of independent contractor agreements is helping ensure that the line between an employee and an independent contractor is never crossed.

• General information – These should include the duties, terms of payment and the provisions on who will be shouldering the expenses and who will be providing the supplies.

• Invention ownership – The employer could include provisions that inventions that the contractor developed for the company is owned exclusively by the company and the contractor does not have the right to market or use the invention for other companies.

• Non-disclosure agreements – Employers should require independent contractors to sign an NDA to ensure that any information or resources that are confidential will not be shared by the contractors to other parties.

• Licenses and permits – Specify that the independent contractor has the necessary licenses and permits to operate and provide services.

• Termination and Dispute resolution – The agreement should specify what are the terms that would terminate the agreement and what is the preferred resolution process for resolving disputes.

To ensure that the independent contractor agreement has covered all bases, make sure that you get the help of an experienced employment attorney in creating the draft.

Fractured bone injuries happen when a bone is cracked or broken. It is not exclusive to the limbs; in fact, the most dangerous types of fractured bone injuries are not with the limbs but with other bones in the body.

A fractured backbone can damage the spine and cause paralysis while a broken rib can puncture an internal organ like a lung.

Fractured bone injuries are often caused by accidents such as a vehicular collision, a trip, slip or fall accident and from the impact with or against heavy objects. It can also be caused by diseases like osteoporosis, cancer and sometimes by old age.

There are two basic types of fractured bone injury; open and closed.

Open fractures refers to broken bones that are seen through a broken skin or a wound while a closed fracture is the opposite, still a broken bone but not visible outside the skin.

Other types of fractures are:

• Complete fracture – The bone fragments separate completely.

• Incomplete fracture – The bone does not completely detach or is still partially joined.

• Linear fracture – A broken bone that is parallel to the bone’s long axis.

• Transverse fracture – A broken bone that is at a right angle to the bone’s long axis.

• Oblique fracture – A broken bone that is diagonal to the bone’s long axis.

• Compacted fracture – A fracture that is caused when bone fragments are driven against each other.

• Simple fracture – A break in the bone in one place that splits the bone in two sections.

• Multi-fragmentary – A break in the bone that splits it onto more than one piece.

Treatment of fractured bones starts with the application of first aid. If there is a suspicion of a fractured bone injury, the first step is to immobilize the affected part of the body to prevent further damages to other parts like blood vessels and tissues.

A splint is normally used to stabilize the break and immobilize the affected part. Once in the hospital, an x-ray should provide for a better diagnosis on the extent of the fracture.

Bone healing is a natural process and doctors just make sure that the bones heal correctly.

Fractured bones are often treated by restoring the broke pieces back in its natural positions and makes sure that those position is maintained until the bone heals.

The doctor usually performs reduction, or aligning the bone in a good position then verifies it through an x-ray.

The fractured bones are then immobilized though a plaster or a fiberglass cast.

Some severe cases would require surgery. In these cases, the bone may be reinforced with metal.

In some cases, bone grafting may also be performed where a bone is replaced with material from the patient’s own body.

Although not usually life threatening, the extent of the damage it does to a person is significant. It affects all aspects of a person’s life from career to family.

That is why it is important to consult with a personal injury lawyer to know what you deserve from your or the liable party’s insurance company.