Archive for the Blog Category

How Often Should I Be Paid? Understanding Payroll Law in Virginia, Maryland, and D.C.

Wednesday, June 16th, 2010

All states except for South Carolina and Alabama have laws stating how often employees must be paid. Unfortunately, these laws differ greatly from state to state and there is no general guideline for some states. It is important to know these laws for your state so you can be sure you are receiving your salary legally. Below are the payroll laws for D.C, Maryland, and Virginia, where the Barrera Law Firm can help you present a lawsuit in case of employer negligence.

For most states, paydays are either biweekly or semimonthly. Biweekly payroll involves paydays that occur 26 times per year, such as every other Friday. Semimonthly payroll refers to paydays that occur 24 times per year, such as paydays that occur on the 15th day and the last day of every month.

In the District of Columbia, employees are supposed to be paid semi-monthly

In Maryland employees are supposed to be paid biweekly.

In Virginia this law is complicated. Depending on their profession, employees may be paid monthly, biweekly, or semimonthly. Employees whose weekly wages total more than 150 percent of the average weekly wage of the Commonwealth may be paid monthly, only upon agreement of each affected employee. Executive, administrative, and professional personnel must be paid at least monthly. For most employees however, payday should occur at least 2 times a month, either every other Friday, or, the 15th and last day of every month.

If you are only being paid once a month, and you never signed anything allowing your employer to pay you so infrequently, you might be in need of legal assistance and workers compensation. Most importantly, you must know your rights they are your best tools against injustice. If you need a lawyer who is accomplished in workers compensation law in D.C., Maryland, and Virginia, do not hesitate to contact the Barrera law firm today.

Truck Accidents

Saturday, June 12th, 2010

Every 16 minutes someone is injured or killed in a commercial-truck related crash. Approximately 500,000 trucking accidents occur every year. Of these trucking accidents, 5,000 involve fatalities. In Virginia, Maryland, and the District of Columbia, the number of semi-trucks traveling on interstate highways increases every year, and truck accidents on I-95, I-495, I-64 and I-270 and other highways are rising as a result.

There are and infinite number of reasons why an accident may occur but the sheer size and weight of trucks makes them particularly prone to grave accidents. Many accidents occur due to unnecessary negligence on part of the driver. For example:

  • Drivers often rush to meet strict delivery deadlines. Unrealistic delivery schedules cause drivers to disobey speed limits and other rules of the road.
  • Driving for long periods drivers get tired and become unable to maintain attention and control. Drivers are required to take breaks from driving on the road. Research confirms that 28% of tractor-trailer drivers suffer from sleep apnea. Driving fatigue makes truck drivers literally fall asleep at the wheel. Violation of the required rest requirements is a common accident cause of accidents, and willful violations can support a claim for punitive damages against the truck driver and his company. However, to properly prove that driver fatigue was a causative factor in your accident, you must secure the driver’s trip logs and all supporting documents immediately after the accident.
  • A combination of the above two reasons can lead to a driver that is stressed and tired, unable to pay enough attention to other drivers and the road.
  • It is difficult to see blind spots from a large truck. Truck drivers might not leave enough space for his giant vehicle between other vehicles. Being in such a large vehicle can make it impossible to stay aware of the intricacies of the road and traffic. Truck drivers must be particularly aware of their surroundings and extra qualified to operate and control such an immense vehicle.
  • A larger machine means larger mechanical components. Mechanical failure and defective components are common, especially in rental and overused trucks. This poses a serious threat to everyone on the road.
  • Overloading of the truck occurs when companies try to cut corners and over-ship, creating a dangerous transportation route.

Truck accident cases tend to be more complex and proving negligence can be difficult due to all the intricacies of transportation and commercial law. If you have been involved in a truck accident, you should contact legal assistance immediately, as these types of claims must be filed as close to the accident date as possible. The Barrera Law Firm successfully files truck accident cases frequently, If you are in search of experienced legal counsel in D.C., Virginia, or Maryland, contact us today!

$2,500,000 Workers Compensation Settlement – Brain Injury

Tuesday, June 8th, 2010

The Barrera Law Firm recently settled a $2.5 million dollar case for a client who suffered a major brain injury on the job.

Our client was a 40 year old undocumented alien who worked evenings cleaning office buildings in Northern Virginia. At the time of the accident, our client had an average weekly wage of $323, and therefore qualified for a $215 compensation rate. On July 19, 2007, our client was on a stepladder changing a light bulb when he fell and struck his head. As a result of the fall the claimant suffered a subdural hematoma, a skull fracture and a traumatic brain injury. Our client suffered a serious frontal lobe injury that continues to impact his daily life.

Our client received extensive rehabilitation at Learning Services in North Carolina and was recently discharged to return to his native El Salvador, where he now lives with his family. The terms of his settlement included $432,810 in cash up front, and $2,067,189 to purchase an annuity that has a guaranteed payout of over $3,100,000.

Personal Injury: Dealing with Your Hospital Bills

Friday, June 4th, 2010

Woman Paying Hospital BillsWhen you or a loved one is hurt, the last thing you should worry about is hospital bills. But for many, this is a serious concern. Costly hospital bills add up quickly, often leaving the victims and their family in extreme financial hardship; some suffer bankruptcy while some others lose their homes. While some injuries heal over time, others require long-term or even lifetime treatment. Personal injuries caused by another’s wrongdoing causes not only physical pain, but emotional devastation.

If the injury was caused by the carelessness or negligence of another person or entity, or defective or toxic product, the victim may be able to recover financial compensation for their losses.

Examples of factors that cause personal injury:

How We Can Help

With the help of an experienced personal injury attorney, you or your loved one may be eligible to recover, not only the hefty hospital bills, but also compensation for long-term treatment care and emotional suffering. A personal injury suit can be filed against individuals and their insurer and/or business. The most important part of winning such a suit is to prove that the party held responsible had a “duty of care” and had failed to exercise that duty toward the injured victim. The difficulties many victims face is the challenges of proving this in civil court and this is where a personal injury lawyer can help—by representing you.

Please contact us for a private consultation. You can learn more about your legal options and together, we can fight to ensure the responsible parties are held accountable.

Barrera Law Firm Accepted into Multi-Million Dollar Advocates Forum

Tuesday, June 1st, 2010

Multi Million Dollar Advocates ForumThe Barrera Law Firm is pleased to announce it’s recent acceptance into the Multi-Million Dollar Advocates Forum, one of the most prestigious groups of trial lawyers in the United States. Membership in the Multi-Million Dollar Advocates Forum is limited to attorneys who have won multi-million dollar verdicts, awards, and settlements. The organization was founded in 1993 and there are approximately 3000 members located throughout the country. Fewer than 1% of U.S. lawyers are members.

Forum membership acknowledges excellence in advocacy and provides members with a  national network of experienced colleagues for professional referral and information exchange in major cases.

Daniel P. Barrera is a graduate of the University of Colorado Law School. He has spent the past 25 years representing injured Virginia, Maryland, and D.C. accident victims in workers’ compensation and personal injury claims. Mr. Barrera recently settled a 2.5 million dollar Virginia workers’ compensation claim on behalf of an injured custodial worker who suffered major head trauma following a fall on the job. Mr. Barrera’s work on this case, as well as his work on behalf of other injured Virginia workers and accident victims, was one factor for his qualification as a member of the Multi-Million Dollar Advocates Forum.

Northern Virgina Mapped Law Resources

Tuesday, May 18th, 2010

The Barrera Law Firm hosts a custom map of law-related and legal landmarks and locations in Fairfax, Alexandria, and Arlington as a service to its personal injury, workers compensation clients and the citizens of Northern Virginia.

If you’ve been involved in a car, truck, or work-related accident, please contact us today for help.


View Northern Virginia Legal, Law-Related Locations in a larger map

View the Larger Law Map.

Burn Injuries on the Job

Saturday, May 15th, 2010

Some occupations put workers at a much higher risk for personal injuries due to burns han others. This is especially true in construction and the restaurant industry. Within the restaurant industry alone, there are about 12,000 hospitalized burn cases each year. Cooks, food handlers, kitchen workers, and wait staff are all listed among the top 50 occupations at risk for on-the-job burn injury. Serious chemical and electrical burns occur frequently in the construction industry. You must not overlook the minor burns you might receive while on the job, “as part of the job.”

Here are some facts to consider if you are a worker at risk for burn injury:

Did you know…

  • The majority of people hospitalized for workplace scald and contact burns are involved in food preparation.
  • Teenagers employed in fast food restaurants as fry cooks are at special risk for burn injuries. During busy periods, inexperience and the pressure of “keeping up” can result in burn injuries.
  • In Deep Frying, hot oil can reach temperatures of 300° to 500°F, making this task a potential high risk for burns and personal injuries.

Burns usually occur when:

  • Work site management has not enforced safety rules
  • Workers or employers ignore safety rules
  • Shortcuts are taken or workers are time-pressured
  • Persons become too familiar with their job and take unnecessary risks
  • Workers are ill, tired or compromised by drugs or alcohol and unable to concentrate.

Workplace burn injuries result from contact with:

  • Hot liquids and steam
  • Hot oil and grease
  • Hot substances such as food or sauces
  • Hot surfaces – stoves, grills, ovens
  • Fires from hot grease or oil
  • Exposed electrical wires or improperly maintained electrical appliances or equipment.

What can you do to protect yourself?

  • Wear protective gloves or mitts when handling hot pots or cooking with hot deep-frying oil.
  • Wear non-skid shoes to prevent slipping on wet or greasy tile floors.
  • Extinguish hot oil/grease fires by sliding a lid over the top of the container. · Never carry or move oil containers when the oil is hot or on fire.
  • Avoid reaching over or across hot surfaces and burners. Use barriers, guards or enclosures to prevent contact with hot surfaces.
  • Read and follow directions for proper use of electrical appliances

(Source: Burn Foundation www.burnfoundation.org)

In addition to tremendous pain and suffering burn injuries can result in large losses of time and money put towards medical attention. Your job occupation should never involve routine risk or pain. If injured you should get treatment immediately. If your employer is unwilling to acknowledge or provide treatment for your injuries, you are in need of a lawyer who can make sure you receive adequate treatment and workers compensation. Every worker has the right to a safe workplace. Know and defend your rights, call our office today!

Alcohol-related Car Accidents in Virginia

Tuesday, May 11th, 2010

Below are some statistics from the Virginia Department for Motor Vehicles concerning alcohol-related car accidents. The prevalence of alcohol related accidents involving minors is distressing and can be prevented. These alarming statistics emphasize that one should never drive while drunk or intoxicated. If you are a minor in the state of Virginia, the “Zero Tolerance” law applies, meaning any BAC over .00 is against the law. Moreover, it is important for parents to teach their children about the grave risk of drinking and then driving. For both minors and adults, driving while intoxicated is never worth the risk and can harm or ruin the lives of other.

Underage Drinking / Driving Statistics for Virginia 2007 2008
Total alcohol-related crashes 11,215 10,294
Drivers involved in alcohol-related crashes ages 15-20 1,237 1,154
Total alcohol-related fatal crashes 346 319
Teens ages 15-20 killed in alcohol-related crashes 43 51
Drivers involved in alcohol-related fatal crashes ages 15-20 19 22
Total alcohol-related personal injury crashes 5,125 5,043
Teens ages 15-20 injured in alcohol-related crashes 1,049 994
Teen drivers involved in alcohol-related personal injury crashes 559 581
Total alcohol-related property damage crashes 5,744 4,932
Teen drivers involved in alcohol-related property damage 659 551
Total persons convicted of DUI 28,787 31,469
Teens ages 15-20 convicted of DUI 2,209 2,224

Source: Virginia Department of Motor Vehicles (DMV)

If you are the victim of an alcohol-related car accident, you are likely entitled to compensation beyond property damages, as you are not only the victim of property damages, but the injured party in a serious offense, drunk driving. Our experienced lawyers provide unyielding legal representation to make sure that drunk driving is prohibited both on the streets and in the courts. Lawyers at the Barrera Law Firm handle all alcohol-related and drunk driving accidents from those resulting in minor infractions to DUI and DWI offenses. As with all vehicle accidents and criminal cases, legal proceedings and driving laws can be dense and hard to manage without proper legal representation. It is very important, especially in alcohol-related vehicle accidents, that one gets the compensation one deserves. If you live in Arlington, Alexandria, Fairfax, Northern Virginia, Maryland, or Washington DC and you or a loved one has been injured in an alcohol related car accident please do not wait to contact the Barrera Law Firm. Let’s work together to keep drunk drivers off the streets and our children out of harms way.

Hazards for Construction Workers in the Washington, DC Metropolitan Area

Friday, May 7th, 2010

This article concerns all construction workers and manual laborers who work with drywall and other construction materials that have th

e potential to contain hazardous substances. It is the responsibility of your employer to insure that the building materials and tools used in construction are safe and do not put you, the worker, unnecessarily directly in harms way. If you work in Fairfax, Arlington, or Alexandria Virginia, or Maryland or DC and you think you might be injured as a result of hazardous or faulty building materials, you should immediately seek both medical and legal assistance. Here at the Barrera Law Firm we are always helping workers who are victim to exactly the types of employer carelessness listed below. You have the right to a safe, healthy work environment in Virginia, Maryland, and Washington DC – defend your rights, call us now!

AAJ: Drywall Manufacturers Should Register with CPSC; Have Strict Labeling Requirements
For Immediate Release: February 17, 2010

Washington, DC—Recent hazards associated with drywall show the need for greater labeling and registration requirements, according to comments submitted to the Consumer Product Safety Commission (CPSC) by the American Association for Justice (AAJ). The comments are in response to the agency’s notice seeking guidance regarding identifying labels for drywall.

“Mandating a set of uniform markings on all drywall would greatly assist homeowners and investigators in isolating the source of drywall problems,” according to AAJ’s submitted comments.

Drywall, especially drywall manufactured in China, has been identified by the CPSC as containing high levels of hydrogen sulfide, causing corrosion of metals in homes and contributing to numerous health-related problems. To date, the agency has not recalled any drywall or clearly identified any specific batches of the bad drywall, making the scope of the problem difficult to quantify. The agency is now moving to establish protocols to identify homes with the corrosive drywall and determine effective remediation procedures.

AAJ’s comments request the CPSC to:
Require labels to include enough information so that the drywall remains easily identifiable when installed, including manufacturer name, plant name and location, date of production, and batch or lot number.
Ensure the location of the labels be easily accessible, including labeling both sides of the drywall.
Require drywall manufacturers that import drywall into the U.S. to register with the CPSC, including plant locations and the names and descriptions of products.

“There is little doubt that the previous lack of oversight over drywall has contributed to the prolonged problems thousands of homeowners are experiencing,” said AAJ President Anthony Tarricone. “New guidelines will help aid in quickly identifying any problematic drywall in the future and make it easier to recall the product, if needed,” added Tarricone.

As of late January, the CPSC had reported receiving over 2800 incident reports related to drywall from 37 states and the District of Columbia.

On February 19, 2010, the U.S. District Court in New Orleans will begin an evidentiary hearing to hold Taishan Gypsum, a Chinese manufacturer of drywall, in default for failing to respond to a putative class action brought by builders that used the Chinese company’s drywall in homes. The Chinese drywall multidistrict litigation bellwether trial will begin on March 15, 2010.

Source: American Association for Justice, http://www.atlanet.org/cps/rde/xchg/justice/hs.xsl/11693.htm

How to Resolve a Minor Car Accident

Sunday, May 2nd, 2010

Automobile accidents are always traumatic, and getting the treatment and compensation you deserve can be difficult. However, there are a few necessary steps an accident victim can take to make sure their accident insurance claim is resolved as quickly and efficiently as possible.

The first thing one should do after a car accident is report the accident to your insurance carrier, to begin filing a claim. If you are having trouble reporting, or filing a claim with your insurance company, a lawyer can do this for you. Once your claim is submitted, your accident will be assigned a claim number and someone who works for the insurance company, called a claim adjuster, will begin processing your claim.

If it is clear who is at fault, if damage was minor, and if you or your passengers required little to no medical treatment, the claim adjuster might simply ask you to get an estimate for the repairs to your vehicle and then send you a check to have the repairs done. It can be that simple to file a claim for a minor accident.

Many insurance companies, depending on coverage, offer rental vehicles while your vehicle is in the shop. Minor accidents can usually be settled quickly and easily, though they can sometimes be a hassle and insurance companies are not always willing to accept a claim without a struggle. If you are having trouble resolving a minor car accident, you might want pursue legal assistance to make sure your compensation is granted swiftly and in full.

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