Toll Free: 866-298-0768 Local: 704-296-0055 info@wkg-law.com

School Buses and Seat Belts

Legal Lunchables

school bus safety

Is Your Student Safe on the Bus with No Seat Belts?

South Carolina may soon require all school buses to have seat belts. This has been an ongoing debate across the country for years. But legislators in the Palmetto State appear to be making it a priority in their legislative session which began just recently.

Three bills mandating seat belts in full size school buses have been introduced as well as one bill to update the school bus fleet. Rep. Gary Clary, from Clemson, SC, said he was inspired by a third grade class he met with. Two of the students, he said, asked why there are no seat belts on their buses and what could be done about it. “When you see things through the eyes of children, your perspective is changed.”

A recent bus crash in Tennessee strengthened his resolve to get it passed. In mid-November 2016, a school crashed on a curve in Chattanooga, killing six children. Police say the bus was travelling at 50 mph in a 30mph zone. The driver now faces multiple criminal charges.

In North Carolina, 1% of school buses have seat belts. But there is a state-wide initiative to change that. Thirteen counties are part of a new, pilot program placing seat belts in buses – mostly for elementary and special needs buses. As older buses are replaced, the new ones will have seat belts.

The South Carolina bill would mandate lap and shoulder belts in school buses. But there are lots of questions surrounding the proposal that could slow or stop the effort:

  • The added expense of seat belts
  • The expenses of retrofitting existing buses
  • Who will make sure the children are securely fastened
  • Who will help remove the seatbelts in the event of an emergency evacuation
  • Will extra bus personnel be required
  • Will bus routes take longer because of seat belts

Lots of questions to be answered. We’ll keep you up to date. Like and Follow our The Law Offices of William K. Goldfarb Facebook page and continue to visit our website www.wkg-law.com for more information.

 

Location

The Law Offices of William K. Goldfarb

301 South Charlotte Avenue
Monroe, NC 28112

Local: 704-296-0055
Toll-Free: 1-866-298-0768
info@wkg-law.com

William K. Goldfarb North Carolina Advocates for Justice President's Club
William K. Goldfarb American Association for Justice
William K. Goldfarb, Melvin M Belli Society
William K Goldfarb AV Preeminent by Martindale-Hubbell
Who's Who Top Attorney North America

Disability Etiquette

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Disability Etiquette And Meeting

Disability Etiquette

In our interactions with the disabled, we frequently hear comments about how able-bodied people often seem to feel uncomfortable around them.   People don’t know how to act, react or interact. So we thought it would be a good idea to provide some education on disability etiquette – courtesy of the United Cerebral Palsy Association. Their top 10 tips:

  1. When talking with a disabled person, speak directly to him rather than through a companion.

  2. When introduced to a disabled person, it is appropriate to offer to shake hands. And shaking with the left hand, if necessary, is appropriate.

  3. When meeting a visually impaired person, always identify yourself. If in a group conversation, identify others who are speaking.

  4. If you offer assistance, wait until the offer is accepted. Then ask and listen to instructions.

  5. Treat adults as adults. Address them using their first names and don’t patronize by patting on the head or shoulder.

  6. Leaning on or hanging on someone’s wheelchair is similar to leaning on or hanging onto a person. It’s generally considered annoying.

  7. Listen attentively when talking with a person who has difficulty speaking. Be patient and wait for the person to finish. Ask short questions that require short answers. If you don’t understand, repeat it back and allow the person to respond.

  8. When speaking with a person in a wheelchair, place yourself at eye level to help with a comfortable conversation.

  9. To get the attention of a person who is deaf, gently tap his shoulder or wave your hand. Speak while looking directly at the person to determine if he can read your lips.

  10. Relax! Don’t be nervous or afraid of doing the wrong thing. And if you’re unsure of what to do, ask.

We hope you find these tips helpful. And if you or your loved one are disabled and you suspect abuse or neglect, The Law Offices of William K. Goldfarb is your resource. Feel free to contact us if you need help or just have a question. You can call us at 704-296-0055 or us through this website on the “Contact Us” page.

Location

The Law Offices of William K. Goldfarb

301 South Charlotte Avenue
Monroe, NC 28112

Local: 704-296-0055
Toll-Free: 1-866-298-0768
info@wkg-law.com

William K. Goldfarb North Carolina Advocates for Justice President's Club
William K. Goldfarb American Association for Justice
William K. Goldfarb, Melvin M Belli Society
William K Goldfarb AV Preeminent by Martindale-Hubbell
Who's Who Top Attorney North America

Victims with Disabilities

Legal Lunchables

Victims with Disabilities

As you go about your day, every day, you likely are sitting, standing or walking next to a victim of neglect or abuse – a victim who has never reported the crime. That’s because he has some type of disability that deters him from interacting with the court system. It may be a physical disability that inhibits his ability to communicate. Or a physical handicap making it easy to explain away an injury as something other than a criminal act. It may be a mental disability that infers that is he not credible or reliable. But whatever the reason, it is unacceptable. And that’s why The Law Offices of William K. Goldfarb has made it a priority and a special interest to seek justice on behalf of the disabled.

This special interest is a calling for the firm’s founder, William K. Goldfarb. He is driven by a desire developed in his youth to help people and he knew from a young age there was a legal aspect to being of true service.

North Carolina State University

North Carolina State University

Mr. Goldfarb attended North Carolina State University on a gymnastics scholarship. While in school, and on his own initiative, he began working with disabled children in a gym teaching them basic gymnastics – an avant garde endeavor at the time. Mr. Goldfarb arranged the gym time, off campus, on his own and worked with children of varying disabilities after hours. He can’t really explain why he did it or where the idea first came from. He just did it. On his own time. With no fanfare. No recognition. But it planted a seed of altruism that led him to become a lawyer in 1991. Since establishing his own firm in 1996, that sense of compassion is still foremost in his practice today….although he still avoids the spotlight.

Gym Carolina Gymnastics

Gym Carolina Gymnastics

In the coming weeks and months, you’ll find information about victims with disabilities on our website and our Facebook page. At a minimum, you’ll find it interesting. But we hope you’ll also find it helpful in understanding and perhaps even helping those among us who may need assistance and can’t ask for it. In the meantime, if you or a loved one, a friend or neighbor, need help or just have a question, please feel free to contact us at any time. You can call us at 704-296-0055 or submit your question through our website www.wkg-law.com. We look forward to hearing from you.

Location

The Law Offices of William K. Goldfarb

301 South Charlotte Avenue
Monroe, NC 28112

Local: 704-296-0055
Toll-Free: 1-866-298-0768
info@wkg-law.com

William K. Goldfarb North Carolina Advocates for Justice President's Club
William K. Goldfarb American Association for Justice
William K. Goldfarb, Melvin M Belli Society
William K Goldfarb AV Preeminent by Martindale-Hubbell
Who's Who Top Attorney North America

Suing Nursing Homes 1-10

Legal Lunchables

WSOC_TV Nursing Homes SayBanSuing

WSOC_TV A9: Nursing homes say they should be able to ban suing

Suing Nursing Homes 1-10

If you’ve visited our Facebook page, you likely saw a video about nursing homes and their contracts.

There’s a battle brewing over whether patients in a nursing home should be able to sue if something goes wrong. It’s an issue that you should be familiar with before checking in yourself or a loved one. And you’ll find the crux of it in the fine print of your contract.

Many facilities have language in their contracts that would prohibit you from taking the facility to court if, for example, your loved one was abused or neglected. It requires instead that you submit to mandatory binding arbitration – no exceptions.

But the Centers for Medicare and Medicaid Services recently reviewed that clause and kicked it to the curb. That means you no longer have to give up your right to having a court and a jury hear and decide- on your claim.

“This rule change is a win for consumers,” said AARP Executive Vice President Nancy LeaMond. “Nursing home residents and their families will now have access to the courts to address misconduct such as neglect, sexual assault and wrongful death.”

The Centers for Medicare and Medicaid Services (CMS), an agency of the federal government, says the change will improve the care and safety of the nearly 1.5 million residents in 15,000+ long-term care facilities in the United States. Among the other rules changes:

  • Ensuring that long-term care facility staff members are properly trained on caring for residents with dementia and in preventing elder abuse.
  • Improving care planning, including discharge planning, for all residents.
  • Allowing dietitians and therapy providers the authority to write orders in their areas of expertise where allowable by law.
  • Update the facility’s infection prevention and control program

All the new rules took effect on November 29, 2016. But the battle we referenced? The nursing home industry is suing….to keep you from having the right to sue.   So stay tuned. We’ll keep you updated on this case.

In the meantime, if you or a loved one are having care issues with a facility, let us know about it and we’ll see if we can help. You can call us at 704-296-0055 or fill out the “Contact Us” form on this website. There’s no fee for the initial consultation and we’ll do our best for you. If you want to see a video about this issue, please visit our Facebook page.

Location

The Law Offices of William K. Goldfarb

301 South Charlotte Avenue
Monroe, NC 28112

Local: 704-296-0055
Toll-Free: 1-866-298-0768
info@wkg-law.com

William K. Goldfarb North Carolina Advocates for Justice President's Club
William K. Goldfarb American Association for Justice
William K. Goldfarb, Melvin M Belli Society
William K Goldfarb AV Preeminent by Martindale-Hubbell
Who's Who Top Attorney North America

Disabled Voting Rights

Legal Lunchables

Voting Assistance sign

Disabled Voting Rights

One week from today is election day. And if you or a loved one are disabled, ALL are entitled to special care to insure you can cast your ballot.   In 2008, only 55% of people with disabilities voted in North Carolina compared to 69% of people without disabilities.

  • The disabled can vote from home: early voting ends November 5 so get a ballot from your county Board of Elections, fill it out and mail it in. But to get an absentee ballot, your request must be submitted by 5pm TODAY. You can submit a request for a ballot in person, by fax, mail or email. But that request must be received by 5pm today.
  • The disabled can vote in person: go to your polling place which is required to be accessible to the handicapped. You can have almost anyone help you fill out your ballot if you need it. The only exception: your employer or your union (if you belong to one) cannot help you. You may also be entitled to curbside voting which allows you to vote while remaining in a vehicle outside the polling location.
  • The disabled can vote from a facility (nursing home, rest home, psychiatric, etc): contact or have a family member contact your Board of Elections for a ballot. Facility staff are not allowed to help you request a ballot or vote. Again the request for a ballot must be submitted by 5pm today.

For more information, or to download an absentee ballot request form, go to www.accessthevotenc.org.

Location

The Law Offices of William K. Goldfarb

301 South Charlotte Avenue
Monroe, NC 28112

Local: 704-296-0055
Toll-Free: 1-866-298-0768
info@wkg-law.com

William K. Goldfarb North Carolina Advocates for Justice President's Club
William K. Goldfarb American Association for Justice
William K. Goldfarb, Melvin M Belli Society
William K Goldfarb AV Preeminent by Martindale-Hubbell
Who's Who Top Attorney North America

What You Need to Know About Immigration Status and Workers’ Compensation in NC

Legal Lunchables

Immigration Status Workers Compensation

What You Need to Know About Immigration Status and Workers’ Compensation in NC

North Carolina is a very diverse place to live. Many people leave their home countries and come to the United States looking for opportunity. Many come to North Carolina for the beautiful weather and scenery. Sadly, some individuals are not fortunate enough to come here with the benefit of a visa or legal status. Many of these individuals live here under constant fear of deportation while they navigate through the convoluted, and often very drawn out, immigration system.   Many of these people often find themselves finding work that involves heavy manual labor, which carries many risks associated with that type of employment.   Did you know that people who do not yet have legal immigration status and get injured by an accident while on the job may still be entitled to workers’ compensation benefits?

Many immigrants are afraid to report work place injuries out of fear that they might lose their job, or even worse, get deported. However, the North Carolina Workers’ Compensation Act was created to be a no fault system, and does not take an injured worker’s legal status into consideration when determining whether they are entitled to workers’ compensation benefits. Therefore, it is important that people know that when they get injured on the job, they need to report it and file a claim – regardless of their legal immigration status!

It’s important to know that North Carolina generally only allows an injured worker to file a claim if they reported it within 30 days of the accident. So time is of the essence! If you have been injured on the job, and need a free legal consultation on your right to potential benefits, contact us today at 704-296-0055! You may be entitled to lost wages, loss of earning capacity, payment for medical bills and services, and payment for any permanent injuries. Call The Law Offices of William K. Goldfarb today. We are here to help ALL who have been injured!

Location

The Law Offices of William K. Goldfarb

301 South Charlotte Avenue
Monroe, NC 28112

Local: 704-296-0055
Toll-Free: 1-866-298-0768
info@wkg-law.com

William K. Goldfarb North Carolina Advocates for Justice President's Club
William K. Goldfarb American Association for Justice
William K. Goldfarb, Melvin M Belli Society
William K Goldfarb AV Preeminent by Martindale-Hubbell
Who's Who Top Attorney North America

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