Dear Senator

When it comes to workers who have sustained injuries as a result of an on-the-job accident, injury, or occupational disease, there are several things they can do to increase the chances of successfully proving liability. First, it’s important to find an attorney that is experienced in handling work related accidents and the injuries associated with them. They will assist you in preserving any evidence related to the case that will also prove useful to ensuring proper justice.

Employer Responsibility
Although the law is always subject to changes and new interpretations, there are legal processes that help ensure the liable party is held accountable in work related accident cases. It’s required, by law, that every employer must report serious work-related accidents, diseases and dangerous incidents to the Health Safety Executive (HSE). Your employer has to follow certain guidelines and [...]

The quality of the medical assessments carried out on behalf of the Department of Work and Pensions (DWP) to determine entitlement to Employment & Support Allowance (ESA) still leaves much to be desired, based on the cases that I see.

To be eligible for ESA the applicant should pass 15 points threshold. Those that have been denied usually seek advice to appeal their case yet still fail. However, it is very seldom as far as my experience is concerned not to find the needed 15 points whenever I assist my clients in going through the test.

Although the decision still lies with the tribunal there are a few aspects which can be considered in improving the chances of approval. First, I deem that it is not advantageous to squeeze out every possible point instead I advise my client to be honest and be realistic when taking the test. It is also of great essence that I believe in the authenticity of my client. If on my part I already find even a hint of doubt, what more with the tribunal? It will also help if relevant medical evidence can be presented although securing them will need a combination of luck and skill. Further, it is worth going through the ESA50 enquiry form and the “health care professional” (HCP) report with the client. Analyze what the client wrote in his application with the HCP and what the remarks of the latter were. Finding factual inaccuracies and correcting it can be helpful in persuading the tribunal that they should reconsider the application. [...]

Although labour policy seeks to create high minimum standards of employment, the choice of the legislature in seeking to achieve the objective are not unqualified. Minimum standard legislation is subject to various limitations. To begin with, in order to guarantee the fundamental rights, the Indian Constitution imposes certain limitations on the legislations on the legislature and the executive. To the extent it is inconsistent with or derogatory to a fundamental right, the legislation is void. Fundamental rights are enforceable by the courts under Article 32 and 226.

The fundamental rights are enumerated in Part-III of the Constitution. The whole object of Part-III is to provide protection for the freedom and rights mentioned therein against arbitrary actions by the State. Of particular relevance is Article 14, which provides that “the State shall not deny to any person equality before the law or equal protection of the laws within the territory of India”. In addition to this, Article 16 guarantees equality of opportunity in matters public employment. Further, Article 19 guarantees “the right to [...]

The Haynesville Shale is an informal name for a rock formation that underlies large parts of southwest Arkansas, northwest Louisiana, and east Texas. It is part of a large rock formation known as the Haynesville Formation. The Haynesville Shale underlies an area of about 9,000 square miles and averages about 200 to 300 feet thick. It contains vast quantities of recoverable natural gas, often referred to as “shale gas.” Haynesville Shale is an important shale gas resource in East Texas and Louisiana. It has recently been estimated to be the largest natural gas field in the contiguous 48 states with an estimated 250 trillion cubic feet of recoverable gas. It came into prominence in 2008 as a potential major shale gas resource. Though it was known to contain large quantities of natural gas prior to 2008, it was uneconomic to extract the natural gas at that time. However, as a result of rising gas prices and improved technology, i.e., hydraulic fracturing and horizontal drilling, it has become possible to extract gas from the Haynesville Shale in a cost-effective manner. [...]