Identity Theft

The act of obtaining someone else's name and personal data through fraud and using that name and data for economic gain is called identity theft. Identity theft is criminalized in the United States because of the possible acts the thief may commit following the stealing of name or personal data. The thief can use the name or the personal data for credit or debit card fraud, amassing huge amounts of debts under the stolen name, or committing other crimes using the stolen name. Identity theft, however, was not always a federal crime. It was not until 1998, following an infamous identity theft case, when the U.S. Congress enacted the Identity Theft and Assumption Deterrence Act, which criminalized the act.

Personal data, such as Social Security number, telephone number, and bank account or credit card number, is easy to obtain even for amateur thieves, which is why consumers are vehemently warned about scams used to commit the crime. There are many ways to obtain personal data, including "shoulder surfing" when the thief observes a person when punching a credit card or telephone number or when a person listens to a conservation disclosing personal data. In addition, identity theft can also be committed by intercepting mails disclosing the personal data. There are laws requiring banks and similar institutions to provide added security to their mails, but these laws are not universal in nature and often vary from state to state, or thieves find a new way to obtain the personal data.

Cases of identity theft is increasing in the United States, especially with the advent of social media platforms where people easily and unknowingly share private details about themselves. Because identify theft is a criminal crime, federal prosecutors, together with the Federal Bureau of Investigation, work hand in hand in the pursuit of identify thieves, these crimes often go undetected until after the thief has amassed substantial credit under somebody else's name. When found guilty of identity theft, the convict faces a fine, prison term of not more than 15 years and forfeiture of personal property used to commit the offense.

The penalties imposed on persons convicted of identity theft are steep. However, the damages that this crime have on the persons whose names or personal data were used are even steeper as they face huge amounts of debts that they still need to prove as not theirs and emotional stress when the bank or the credit card company downgrades their credit rating. In addition, when the identity thief commits a sensational crime and the crime gets wide media coverage, the person whose name was used to commit the crime becomes humiliated and trying to repair one's damaged status in the community is no longer easy. When scammed and robbed of one's name and data, it is best to employ the expert advice of identity theft lawyers to minimize the damage the thief may bring to one's financial and personal reputation. An expert lawyer would know where to report the crime and what laws to use to repair the damages.

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    Workers Compensation Law - Legal Information and Resources

    Workers Compensation

    Labor laws ensure that workers are safe from occupational harm. Workers' compensation law provides that workers who are harmed while performing an occupational task will receive compensation commensurate to such harm. The federal government created the Office of Workers' Compensation Programs to manage compensation claims filed by federal workers for occupational injuries and illnesses.

    Different laws governs workers' compensation for workers from different industries. Employees who are working in high-risk industry, such as mining, railroad, maritime, and the military, are often given higher compensation for work-related injuries and illnesses due to the nature of their jobs. The federal government has authority over federal employees and workers employed in businesses that are important to interstate commerce. There are special funds created for workers with specific illnesses, such as mesothelioma (as a result of asbestos exposure) and pneumoconiosis (as a result of coal mine dust exposure). These funds provides disability payments to applicable workers when their companies are unable to pay. State laws, for the most part, comprise the majority of workers' compensation law. As such, workers' compensation law varies from state to state, in terms of monetary awards and in the procedure for filing claims.

    The workers' compensation system aims to eliminate the need for litigation, especially because workers who are injured, disabled, or diseased as a result of their work would not have the capability to go after their employers. In addition, enactment of workers' compensation law ensures that workers are immediately compensated given that litigation takes years to conclude, the results of which may not always be in favor of the worker. For workers who are killed as a result of occupational accidents or illnesses, their decedents are also given compensation. Laws are also in place to protect employers from fraudulent or abusive workers' compensation claims.

    Despite the elimination of litigation in the workers' compensation system, it is uncommon to find disputes arising from workers' compensation claims especially when the employers do not agree to the validity of the claim. Employers are required to contribute to the system in exchange for the elimination of litigation and they are given the right to dispute the validity of claims. The dispute on claims, however, will not be taken to court but to an administrative board who will conduct an evaluation of the claim. In the part of the employee, when a workers' compensation claim is disputed by the employer, it is crucial to employ the expertise of a workers' compensation law attorney for the counsel to provide advice as to the necessary steps to take. While the main purpose of the workers' compensation system is to eliminate litigation, bringing a workers' compensation claim to court is not an impossibility after an administrative law judge and a review panel will declare that a claim is invalid. The claimant has the option of filing an appeal in state court. Filing a workers' compensation claim is not as exhausting as litigation, but there are nuances involved in the resolution of such claims, thus it is imperative to hire an attorney so that the claim will not be for naught.

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