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Employment Law Aricles Of Interest

Employment Law Articles Of Interest

As employers struggle to pay bills and keep the lights on many have reduced staffing in human resources and accounting departments or bringing payroll in house which leads to struggles in paying employees correctly.  When these services begin to fail employers will find themselves in trouble with employee wage laws.


 

 

Protecting the Elderly

Minnesota law seeks to protect the elderly against abuse.  Minnesota has several laws, both civil and criminal, with the goal of protecting the elderly from abuse.  Minnesota also mandates that certain people must report abuse when they witness it to the proper authorities, such as the police.  For example, social workers and clergy members are mandated reporters of abuse in Minnesota.

One law that protects the elderly in Minnesota is the Minnesota Vulnerable Adults Act.  The Minnesota Vulnerable Adults Act identifies three kinds of mistreatment of the elderly.  The first type of mistreatment identified is physical abuse, which is probably the most obvious to people when they think of elder abuse.  Physical abuse encompasses physical abuse, emotional abuse and sexual abuse.  Physical abuse may be committed by an employee of the elderly person, such as a caregiver, a nurse or even a doctor.  Abuse may also be committed by a family member or visitor to the elderly person.  Anyone who witnesses abuse of an elderly person should report it to the authorities immediately.

The second type of mistreatment identified under the Minnesota Vulnerable Adults Act is neglect.  Neglect can refer to neglect by caregivers, tasked to take care of an elderly person, either inside their home or at a facility like a nursing home.  This law also covers self- neglect, which many may not at first glance consider it elder abuse.  Self-neglect means that an individual is not able to meet their own basic needs, such as feeding and attending to their own medical conditions and personal hygiene.  Reporting self-neglect to a local welfare agency will allow a social worker to help get the elderly person the help needed to care for themselves.

Finally, the Minnesota Vulnerable Adults Act covers financial exploitation.  Financial exploitation is the improper use of the elderly person’s funds, property or other assets by a caregiver, family member, person with power of attorney, or even a company.  Examples of financial exploitation include forging of the elderly persons’ signature, cashing checks without authorization, stealing money or other property and deceiving an elderly person into signing a contract that does not benefit them.  Sometimes it can be a company that is financially exploiting an elderly person.  Common scams include investment scams and pre-need funeral packages.

Any person who believes that an elderly person is being abused in some way should report it to the nearest police department.  Each county in Minnesota provides training to local police to deal with elder abuse issues.  Reporting a case of elder abuse, even adults who are simply not able to care for themselves any more, will help the elderly person get the help they need and protect them from being harmed.  Each county has a designated Common Entry Point which receives all reports of suspect mistreatment.

Elderly persons are one of our most vulnerable communities in Minnesota.  It is important for Minnesota residents to check in on our elderly friends and neighbors from time to time and be sure that they are being properly cared for.  It is up to all of us to protect this community. 

Ely Directions


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From Duluth to 1 E Chapman & 8 N Central Ave.  Signage is visible on Central Ave.

From Central Entrance take Hwy 53N  for 65 miles then take the exit MN169 N toward Ely go 44 miles turn right on Central Ave to 1 E. Chapman.

From Virginia – Take Hwy 53  5 miles to Exit MN169 N to Ely go 44 miles on HWY 169 turn right on Central Ave to 1 E. Chapman St.

 

Damages Available for personal injury victims

If you have been injured in an accident you have the right to receive money for your injuries.  Regardless of whether you are injured in an auto accident, boating accident or a slip and fall, a settlement or judgment in your favor will include monies to compensate certain injuries.  These monies awarded are referred to as damages and always cover medical bills and costs directly related to the injury.  However, these are not the only damages that are possible.  Awards can include future estimated medical expense, time lost from work, damage to your property, such as your vehicle, emotional distress and even future earnings.

One type of damages that a Minnesota plaintiff can win in a personal injury lawsuit is compensatory damages.  As the name suggests, compensatory damages are awarded in order to compensate the plaintiff.  Compensatory damages are also referred to as general damages.  These damages typically include costs related to the injury and are sometimes said to be to make the plaintiff “whole”.  Compensatory damages typically include lost wages, medical bills (reimbursement to the health insurance company), rental care expenses (in an auto accident case), money for pain and suffering and compensation for trauma due to negligence.  Loss of companionship can also be awarded under compensatory damages.  This is compensation for time the victim is unable to spend with a spouse or family due to injuries.     

Damages for medical injuries can be for both physical and emotional trauma.  While physical injuries are easy to estimate, emotional trauma can be trickier to calculate.  Typically a plaintiff’s attorney will send the plaintiff to a doctor who specializes in emotional trauma, such as a psychologist or a psychiatrist.  Those damages will then be calculated through testimony by the doctor as to the emotional trauma suffered, such as post-traumatic stress injuries.  Additionally, emotional trauma can sometimes take the form of a close family member of the plaintiff, such as a spouse, being traumatized by the injury to the plaintiff.  One type of damages that can be collected in this situation is loss of consortium damages.  Loss of consortium damages are intended to compensate the spouse or other loved one, for loss of companionship.  

In some cases plaintiffs can also collect punitive damages.  Punitive damages are only awarded in extreme cases and at the discretion of the jury if the case goes to trial.  Punitive damages are typically only awarded where a reckless act was committed intentionally.  Punitive damages are used to punish the other party and are not as easy to calculate as compensatory damages.  These damages are must less easy to predict and are awarded based on the outrageous conduct of the defendant.  The use of punitive damages is meant to deter others from engaging in any similar wrongful conduct.  Typically the wrongful act must be shocking and extreme for punitive damages to be awarded.   

A Minnesota attorney who specializes in personal injury law can help to determine what damages a victim of an injury might be entitled to.  Be sure to contact an attorney as soon as possible after you are injured to be sure your rights are protected.

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