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Useful Legal Terms - brief descriptions as per Wikipedia

Personal Injury

Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property.[1] The term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff's injury has been caused by the negligence of another.

The most common types of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, defective product accidents and holiday accidents. The term personal injury also incorporates medical and dental accidents (which lead to numerous medical negligence claims every year) and conditions that are often classified as industrial disease cases, including asbestosis and mesothelioma, chest diseases (e.g., emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease), vibration white finger, occupational deafness, occupational stress, contact dermititis, and repetitive strain injury cases.

If the negligence of another party can be proved, the injured party may be entitled to monetary compensation from that party. In the United States, this system is complex and controversial, with critics calling for various forms of tort reform. Attorneys often represent clients on a "contingency basis," in which the attorney's fee is a percentage of the plaintiff's eventual compensation, payable when the case is resolved. Oftentimes, having an attorney becomes essential because cases become extremely complex, such as in medical malpratice cases.

 

Workers Compensation

Workers compensation (colloquially known as workers' comp in North America) is a form of insurance that provides compensation medical care for employees who are injured in the course of employment, in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The tradeoff between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain." While plans differ between jurisdictions, provision can be made for weekly payments in place of wages (functioning in this case as a form of disability insurance), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (functioning in this case as a form of health insurance), and benefits payable to the dependents of workers killed during employment (functioning in this case as a form of life insurance). General damages for pain and suffering, and punitive damages for employer negligence, are generally not available in worker compensation plans.

Employees' compensation laws are usually a feature of highly developed industrial societies, implemented after long and hard-fought struggles by trade unions. Supporters of such programs believe they improve working conditions and provide an economic safety net for employees. Conversely, these programs are often criticised for removing or restricting workers' common-law rights (such as suit in tort for negligence) in order to reduce governments' or insurance companies' financial liability. These laws were first enacted in Europe and Oceania, with the United States following shortly thereafter.

Notice: Filing a false or fraudulent California workers' compensation claim is a felony subject to up to 5 years in prison or fine of up to $50,000 or double the value of the California workers' compensation fraud, whichever is greater, or by both imprisonment & fine.

 


Bankruptcy

Bankruptcy is a legally declared inability or impairment of ability of an individual or organization to pay its creditors. Creditors may file a bankruptcy petition against a debtor ("involuntary bankruptcy") in an effort to recoup a portion of what they are owed or initiate a restructuring. In the majority of cases, however, bankruptcy is initiated by the debtor (a "voluntary bankruptcy" that is filed by the insolvent individual or organization).

 

Immigration

Immigration is the arrival of new individuals into a habitat or population. It is a biological concept and is important in population ecology, differentiated from emigration and migration.

The term "immigration" is usually used to mean international immigration. International migration has been split into two types by most governments, based on the UN: long and short term.[1] The United Nations considers a long term international migrant to be

A person who moves to a country other than that of his or her usual residence for a period of at least a year (12 months), so that the country of destination effectively becomes his or her new country of usual residence. From the perspective ... of the country of arrival the person will be a long-term immigrant.
United Nations[1]

It also considers a short term migrant to be

A person who moves to a country other than that of his or her usual residence for a period of at least 3 months
United Nations[1]

This specifically excludes "temporary travel abroad for purposes of recreation, holiday, visits to friends and relatives, business, medical treatment or religious pilgrimage".[1] The UN has also directly linked international immigration into one country with emigration from another.

The modern concept of immigration is related to the development of nation-states and nationality law and/or citizenship law. Citizenship in a nation-state confers an inalienable right of residence in that state, but residency of non-citizens is subject to conditions set by immigration law. The emergence of modern nation-states made immigration a political issue: by imagining its populations, in violation of multi-ethnic, multi-'racial', multi-cultural realities 'on the ground', as homogenous blocks, constituting a nation defined by shared, single ethnicity, 'race' and/or culture. Legal and political restrictions on the presence of foreigners is a highly controversial political theme because such restrictions are introduced and maintained by states whose citizens have had a major, sustained and deeply consequential presence in states other than their own (see: colonialism).[citation needed]

Legal immigrants are people who obtain legal status marked, at a minimum, by some form of residence permit that regulates the terms of their employment (see also expatriates). Some, but by no means all, foreign workers and expatriates seek and reach citizenship in the state where they work. Legal immigrants are different from the undocumented labor force in that the latter does not have legal status in the country in which he or she works. Not all undocumented workers are, strictly speaking, illegal, because of the complex history of global migrations.

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