Suing Outside of Workers Compensation Court

Tulsa Workers Compensation Lawyers Discuss Suing Outside of Workers’ Compensation

Tulsa Workers Compensation Lawyers

Workers’ compensation is generally regarded as the sole means of compensation for injured employees.  Although this is generally the rule, there are several exceptions.  Under certain circumstances, you may be able to sue for compensation for the damages sustained due to your injuries outside of workers’ compensation.  These exceptions include the following:

• Those injured by a defective product may be able to bring a products liability action against the manufacturer of the defective product.


• If you were injured due to a toxic substance, you may be able to bring a toxic tort action against the substance’s manufacturer.


• If your employer does not carry workers’ compensation, you may be able to bring an action in civil court.


• If you are injured due to your employer’s extreme negligence or intentional conduct, you may be able to bring a personal injury lawsuit.


• If a third party caused your injury, you can pursue a personal injury suit against this third party.

Oklahoma Workers’ compensation offers monetary benefits for injured workers, but temporary and permanent disability benefits are generally low and do not compensate employees for pain and suffering.  Workers’ compensation also does not allow for punitive damages, even in cases of extreme negligence by the employer that results in dangerous conditions in the workplace.  For these reasons, it is important that all injured employees consult with our Tulsa workers compensation lawyers who will evaluate your full range of legal rights.

Defective Products

When an employee is injured by equipment that is defective, failed to work correctly, or is inherently dangerous, he or she may be able to hold the product manufacturer accountable for the injuries that result.  For instance, if a construction worker is injured by a forklift that did not have adequate safety features, the worker would be able to seek workers’ compensation from the employer, but would also have a possible products liability case against the forklift manufacturer.

Employer Intentional Misconduct or Gross Negligence

If an employer purposefully injures an employee or acts with extreme negligence to injure an employee, the employer may be liable for damages that exceed that which the employee would receive through workers’ compensation.  The employer’s behavior must be deemed so egregious that it is essentially equivalent to intentional harm.  Employees that are permitted to file a suit against their grossly negligent employers can seek greater damages than those provided through workers’ compensation, including pain and suffering and punitive damages.

Third Parties

Sometimes, fault for your injuries does not lie with the employer or the equipment.  Third parties cause many workplace injuries due to negligence.  For instance, if you are injured in a car accident while on the job, you can bring a suit against the at-fault driver seeking coverage for your medical expenses, lost wages, pain and suffering and more.  If your injuries were caused by a third party, consult with a personal injury attorney early on to protect your legal rights.

Kania Law Office: Experienced Tulsa Workers Compensation Lawyers

Sometimes, injured employees will have avenues for recovery outside the workers’ compensation system.  While workers’ compensation provides a means of obtaining quick compensation, other avenues may provide more substantial recovery.  The Tulsa Workers Compensation Lawyers at Kania Law Office will review your injuries and uncover whether you should pursue workers’ compensation or an alternative recovery method.  Our skilled workers’ compensation attorneys will aggressively fight to see that you receive the compensation you deserve, including coverage of medical bills, lost wages, disability, and more.  Call the workers’ compensation attorneys at Kania Law Office today at 918-743-2233 to schedule your free consultation.

Suing Outside of Workers Compensation Court

http://www.kanialaw.com/tulsa-workers-compensation-lawyers/suing-outside-of-workers-compensation-court.htm

Expungement of Criminal Records in Oklahoma

Expungement of Criminal Records in Oklahoma

Oklahoma Expungement Attorneys

A criminal record can hamper your job prospects; prevent you from obtaining housing, or government benefits. Fortunately, our Tulsa Oklahoma expungement attorneys can clean up your criminal record and help prevent your past from ruining your future. Contact us today for more information on how to expunge your criminal record in Oklahoma.

What is The Expungement of Criminal Records in Oklahoma?

An Oklahoma  criminal records expungement results in the sealing of a public record such as a criminal arrest or conviction record. The record will not be destroyed but restricted from the general public’s access. Law enforcement agencies can still access the record to view your prior convictions. Having your criminal arrest and conviction record expunged allows you to truthfully state that you have never been arrested or convicted of a crime on a job or tenant application.

How Do I Qualify For an Expungement of Criminal Records in Oklahoma?

Violent felonies cannot be expunged under Oklahoma State law. Title 22 Section 18 expungement of the Oklahoma State Statues allows you to expunge your entire arrest record as follows:

Persons authorized to file a motion for expungement, as provided herein, must be within one of the following categories:

1. The person has been acquitted;


2. The conviction was reversed with instructions to dismiss by an appellate court of competent jurisdiction;


3. The factual innocence of the person was established by the use of           deoxyribonucleic acid (DNA) evidence subsequent to conviction;


4. The person has received a full pardon on the basis of a written finding by the Governor of actual innocence for the crime for which the claimant was sentenced;


5. The person was arrested and no charges of any type, or the prosecuting agency has declined to file charges;


6. The person was under eighteen (18) years of age at the time the offense was committed and received a full pardon for the offense;


7. The person was charged with a nonviolent felony offense, as set forth in Section 571 of Title 57 of the Oklahoma Statutes, the charge was dismissed following the successful completion of a deferred judgment or delayed sentence;


8. The person was convicted of a misdemeanor offense, the person has not been convicted of a felony, no felony or misdemeanor charges are pending against the person, and at least ten (10) years have passed since the end of the last misdemeanor sentence; or


9. The person has been charged or arrested or is the subject of an arrest warrant for a crime that was committed by another person.

 

Title 22 Section 991(c) allows you to expunge a plea if you received a deferred sentence. If granted, the deposition of your case will be updated to reflect the case has been dismissed. Section 991(c) will not expunge the arrest record. A petition must be made under both sections in order to have the arrest and conviction record expunged.

How Does the Expungement of Criminal Records in Oklahoma Process Work?

At our law office, our expungement attorney will first review your arrest record to see if you are eligible to have it expunged. If so, we will file a petition on your behalf in the county in which the arrest took place. A hearing date will be set. Our attorney will provide notice of the hearing to the district attorney, the arresting agency, and the Oklahoma State Bureau of Investigation.  The judge will hear the matter and determine whether your privacy of the arrest outweighs the public interest in keeping the record. The judge can either issue an order to completely seal the record, seal part of the record, or limit access to the record.

In addition to filling a petition for the arrest record to be expunged, our attorney will also file a petition to have your criminal record expunged. The process to expunge your criminal record is the same for expunging an arrest record.

Hire Our Criminal Defense Attorneys to File For an Expungement of Criminal Records in Oklahoma

Our attorneys can help you clean up your arrest and criminal record. Contact us to help you get your affairs in order. We invite you to schedule a consultation. It is best to be represented by an experienced criminal defense attorney when filing to have your record expunged. We can help you.

Expungement of Criminal Records in Oklahoma

http://www.kanialaw.com/tulsa-oklahoma-expungemet-attorneys/expungement-of-criminal-records-in-oklahoma.htm

Tulsa Family Law Attorneys Stepparent Adoption

Tulsa Family Law Attorneys Stepparent Adoption a How To Guide

Tulsa Family Law Attorneys Stepparent Adoption

Stepparent adoption is now the most common type of adoption.  Across the U.S. today, the majority of all families are re-coupled or re-married, meaning that millions of children are raised in the care of their stepparents.  Studies show that about 1,300 new step-families are created each and every day.  Many stepparents will seek to adopt their stepchild following marriage in order to establish a legal link between themselves and their new child.

Stepparent adoptions in Oklahoma are generally far easier to complete than other forms of adoption.  However, there will still be several issues to consider and obstacles to overcome.  All stepparents will have questions at the start of the adoption experience. The following is a look at some common questions asked by prospective stepparent adopters.  For a free consultation with our Tulsa family law attorneys steppparent adoption specialists call Kania Law Office today at 9180743-2233

How do I get started with adopting my stepchild in Oklahoma?

Your adoption journey will begin with consulting with an attorney knowledgeable in the field of adoption law.  Your family law attorney will provide you with an in depth explanation as to the stepparent adoption process and start by filing your petition to adopt.  The petition will contain basic information about you and your stepchild.  It must also include information about each biological parent.  If you have obtained consent by both parents, this written consent should be attached to the petition.

Do I need the absent biological parent to consent to the adoption?

While you will likely have no trouble obtaining the consent of your spouse, the other biological parent might pose a problem.  You will generally need to obtain this parent’s consent to adopt.  However, if that cannot be obtained, you can still proceed with the adoption by seeking to have the absent parent’s rights terminated.

Your Oklahoma stepparent adoption will proceed more smoothly if you can obtain consent.  Occasionally, however, the absent parent cannot even be located.  While this makes the adoption more difficult, it does not render it impossible.

There are several grounds that can be raised to terminate the rights of the absent parent, including abandonment, felony conviction and imprisonment, mental illness or emotional problems, and more.  Your attorney will prove invaluable in walking you through this more complex process of terminating the parental rights of the absent parent so that your adoption can proceed.

How long does it take to complete a stepparent adoption?

Generally, the stepparent adoption process can be completed in around 45 days when consent is provided by both biological parents.  If a termination of parental rights must be completed, the process can take extra time.  Either way, this form of adoption is usually far swifter than adoption agency adoption.

How soon can I adopt my stepchild?

You must be married to the child’s biological parent for at least one year before you can petition for adoption in the state of Oklahoma.

What if my stepchild opposes the adoption?

It can be difficult for children to watch their parent remarry and accept another parent figure into their life.  You should give your stepchild time to adjust to the new situation and try to create an individual bond.  With some love, understanding, and time, your stepchild will likely welcome the adoption.

Kania Law Office: Experienced Tulsa Family Law Attorneys Stepparent Adotion

Adoption is a wonderful option for many Oklahoma stepparents.  The Tulsa Family Law Attorneys stepparent adoption lawyers at Kania Law Office have assisted stepparents across Oklahoma in adopting their loved stepchildren.  We will analyze your individual situation in order to walk you through the stepparent adoption process in a stress free and timely manner.  With the assistance of our family law attorneys, you can have that permanent legal bond with your stepchild that you so desire.  Call the family law attorneys at Kania Law Office today at 918-743-2233 to schedule your free consultation.

 

Tulsa Family Law Attorneys Stepparent Adoption

http://www.kanialaw.com/tulsa-adoption-attorneys/tulsa-family-law-attorneys-stepparent-adoption.htm

Tulsa Family Law Attorneys Stepparent Adoption

Tulsa Family Law Attorneys Stepparent Adoption a How To Guide

Tulsa Family Law Attorneys Stepparent Adoption

Stepparent adoption is now the most common type of adoption.  Across the U.S. today, the majority of all families are re-coupled or re-married, meaning that millions of children are raised in the care of their stepparents.  Studies show that about 1,300 new step-families are created each and every day.  Many stepparents will seek to adopt their stepchild following marriage in order to establish a legal link between themselves and their new child.

Stepparent adoptions in Oklahoma are generally far easier to complete than other forms of adoption.  However, there will still be several issues to consider and obstacles to overcome.  All stepparents will have questions at the start of the adoption experience. The following is a look at some common questions asked by prospective stepparent adopters.  For a free consultation with our Tulsa family law attorneys steppparent adoption specialists call Kania Law Office today at 9180743-2233

How do I get started with adopting my stepchild in Oklahoma?

Your adoption journey will begin with consulting with an attorney knowledgeable in the field of adoption law.  Your family law attorney will provide you with an in depth explanation as to the stepparent adoption process and start by filing your petition to adopt.  The petition will contain basic information about you and your stepchild.  It must also include information about each biological parent.  If you have obtained consent by both parents, this written consent should be attached to the petition.

Do I need the absent biological parent to consent to the adoption?

While you will likely have no trouble obtaining the consent of your spouse, the other biological parent might pose a problem.  You will generally need to obtain this parent’s consent to adopt.  However, if that cannot be obtained, you can still proceed with the adoption by seeking to have the absent parent’s rights terminated.

Your Oklahoma stepparent adoption will proceed more smoothly if you can obtain consent.  Occasionally, however, the absent parent cannot even be located.  While this makes the adoption more difficult, it does not render it impossible.

There are several grounds that can be raised to terminate the rights of the absent parent, including abandonment, felony conviction and imprisonment, mental illness or emotional problems, and more.  Your attorney will prove invaluable in walking you through this more complex process of terminating the parental rights of the absent parent so that your adoption can proceed.

How long does it take to complete a stepparent adoption?

Generally, the stepparent adoption process can be completed in around 45 days when consent is provided by both biological parents.  If a termination of parental rights must be completed, the process can take extra time.  Either way, this form of adoption is usually far swifter than adoption agency adoption.

How soon can I adopt my stepchild?

You must be married to the child’s biological parent for at least one year before you can petition for adoption in the state of Oklahoma.

What if my stepchild opposes the adoption?

It can be difficult for children to watch their parent remarry and accept another parent figure into their life.  You should give your stepchild time to adjust to the new situation and try to create an individual bond.  With some love, understanding, and time, your stepchild will likely welcome the adoption.

Kania Law Office: Experienced Tulsa Family Law Attorneys Stepparent Adotion

Adoption is a wonderful option for many Oklahoma stepparents.  The Tulsa Family Law Attorneys stepparent adoption lawyers at Kania Law Office have assisted stepparents across Oklahoma in adopting their loved stepchildren.  We will analyze your individual situation in order to walk you through the stepparent adoption process in a stress free and timely manner.  With the assistance of our family law attorneys, you can have that permanent legal bond with your stepchild that you so desire.  Call the family law attorneys at Kania Law Office today at 918-743-2233 to schedule your free consultation.

 

Tulsa Family Law Attorneys Stepparent Adoption

http://www.kanialaw.com/tulsa-adoption-attorneys/tulsa-family-law-attorneys-stepparent-adoption.htm