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Odometer

As part of a California Workers Compensation, your travel mileage for medical appointments, prescriptions, and depositions qualify for reimbursement.

But do not forget- to be paid, you must keep detailed records of how many miles you traveled on these trips. Attaching a Google map or MapQuest printout of your mileage, is always a good idea.

In addition to mileage, you also can receive reasonable expenses of transportation, meals and lodging when traveling to medical appointments under LC 4600(e)(1) and (e)(2).

 Your Doctor’s Visits

If you travel to a doctor’s office that is located a significant distance from your home, you also can receive reimbursement for meals.  These meals must be reasonable. If a doctor indicates you cannot travel the required distance to your appointment and need a driver, you may get meals reimbursed for your driver.  You will need to have a clearly written document from the doctor indicating a driver is needed and the reason a driver is needed. Otherwise, only your meals will be reimbursed.

In some instances overnight lodging may be merited. This usually occurs if the doctor’s office is some distance from your home and the appointment is scheduled early in the morning or late in the afternoon.  

The Workers Comp experts at KJT LAW GROUP understand the intricacies of medical travel and can assist you in qualifying for reimbursement. We understand what the law is as well as what you will need to prove it. .

CONTACT A WORKERS COMP ATTORNEY, CONTACT KJT LAW GROUP

Let the professionals at KJT LAW GROUP help. If you have any questions regarding Workers Comp in California, we specialize in protecting workers when ill or injured on the job. Because we understand the complexities associated with Workers Comp, we can improve the chances of you receiving your rightful compensation. Call us at (818) 507-8525 or email us at info@KJTLawGroup.com for a free consultation. We will go over all the facts of your case and recommend the best ways to move forward.

Metoo

In the fall of 2017, increased yet unreported sexual harassment and abuse in the workplace ignited a movement against sexual harassers and abusers. It was called the #MeToo movement. Now women and men alike can speak out about their experiences on social media with the hashtag #MeToo.

In response, California legislators introduced a bill designed to change the way that the state handles sexual harassment cases. Under current law, sexual harassment must be “severe or pervasive” to be a violation. According to an experienced sexual harassment lawyer, this reading of California law is based on a 2000 federal appellate court ruling. But under Senate Bill 1300, which was authored by Senator Hannah-Beth Jackson, this ruling will no longer be the law in California.

Critics of the ruling — including the California Employer Lawyers Association and Equal Rights Advocates — have stated that it allows perpetrators to get “one free grope” without consequences. Governor Jerry Brown signed the new law, which allows employees to file a sexual harassment claim for just one incidence of harassment, after it passed the legislature. It goes into effect on January 1, 2019.

S.B. 1300 also forbids confidentiality or non-disclosure clauses that would prohibit employees the right to discuss unlawful in the workplace. In addition, the law prohibits employers from requiring employees to release claims as a requirement of employment or in exchange for a raise. However, non-disclosure clauses are permitted as part of settlement agreements, as long as the agreement is voluntary.

This new law promises to be a major development in California for employees, as it will ensure that workers no longer have to tolerate sexual harassment for months or even years before seeking help. Employers will also be on notice that no form of sexual harassment is acceptable — and may have a greater incentive to prevent all forms of sexual violence in their workplaces.

By changing the law, California is sending a clear signal that its employees do not have to suffer “severe and pervasive” harassment as part of their jobs. Instead, even one instance of sexual harassment may be sufficient for a legal claim. Of course, it remains to be seen how courts will interpret this law. A skilled sexual harassment lawyer can work with employees who have experienced sexual harassment to help them determine if they may have a claim, either under the current law or the new law that will go into effect in 2019.

CONTACT A PERSONAL INJURY ATTORNEY, CONTACT KJT LAW GROUP

The lawyers at KJT LAW GROUP are dedicated to assisting employees who have suffered workplace sexual harassment. Working with a professional who understands the complexities associated with Sexual Harassment Law will improve the chances of you receiving your rightful compensation. We will work hand in hand with our clients to help them achieve justice. If you have been sexually harassed at work, know that there is help. Let the professionals at KJT LAW GROUP help. Call us at (818) 507-8525 or email us at info@KJTLawGroup.com for a free consultation. We will go over all the facts of your case and recommend the best ways to move forward.

Slumlord

The Supreme Court of California has affirmed that every rental tenant has an implied warranty (the right) of habitability. This simply means that landlords must keep their properties “habitable”, not only sanitary and safe but also structurally sound. The rental property must be compliant with state and local codes for health and safety.

A rental unit must have all of the following in order to be livable:

  • Working toilet, shower or bathtub and sink in a vented room that allows privacy
  • Safe emergency exits leading to a hallway or stairs
  • Mailbox with lock
  • Kitchen with a sink
  • Natural lighting in each room through a window or skylight
  • Windows in each room for ventilation or fans that provide ventilation
  • Working deadbolt locks on main entry doors
  • Smoke detectors that are functioning

Continue reading “Tenant Habitability Issues and Slum Condition”

Self Driving Car

You may have heard the news: An Uber Technologies Inc. autonomous vehicle was involved in an accident in Arizona. A human driver in a Honda CRV turning left at a yellow light hit the self-driving Volvo as it was crossing the intersection. Though the Volvo flipped onto its side after hitting a pole, no serious injuries were reported.

Accident investigators found the human driver to be at fault. The artificially intelligent (AI) vehicle was traveling just under the speed limit, and the employee “behind the wheel” stated he saw the Honda driver but did not have time to react.

Continue reading “Yes, Fully Self-Driving Cars Are Coming To California”

Overtime Pay

Overtime Facts in California

“In California,  a nonexempt employee 18 years of age or older, shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek. Eight hours of labor constitutes a day’s work, and employment beyond eight hours in any workday or more than six days in any workweek requires the employee to be compensated for the overtime at not less than:

  1. One and one-half times the employee’s regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
  2. Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.”

https://www.dir.ca.gov/dlse/FAQ_Overtime.htm

Continue reading “Are you being Short Changed for Your Overtime Pay?”

Cumulative Trauma Injuries

Under California Workers’ Compensation law, cumulative injuries qualify for workers’ compensation benefits even if they occur over a period of time rather than in one incident.  

Basically there are two types of workplace injuries. One is a workplace injury which is generally referred to as a specific injury and the second one is cumulative trauma.

What are Cumulative Trauma Injuries?

Continue reading “Understanding Cumulative Trauma Injuries: California Workers Comp Explained”

Construction Site Accident

The construction industry is one of the most dangerous industries in the United States. Each
year, many thousands of individuals are injured and even killed in construction site accidents. Too many serious injuries are caused by a fall or dropped objects. It is also common for workers to trip over a piece of lumber that is left in an unsafe place. Some of the injuries that occur on construction sites
can result in:

  • Broken and fractured bones
  • Head injuries
  • Spinal cord injuries
  • Electrocution
  • Burn injuries
  • Wrongful death

Continue reading “A Construction Site Accident is No Laughing Matter”

Pedestrian Walkway

Regardless of the established rules and regulations for a pedestrian’s right of way, negligent and inattentive drivers are still hitting people walking or crossing our Southern California streets, causing serious and sometimes catastrophic injury. We have all experienced drivers that fail to acknowledge basic rules of the road when they encounter someone walking across a street.

Why Pedestrian Accidents Occur

In California, pedestrians have certain rights, such as; drivers are required to stop for pedestrians at all crosswalks (whether unmarked or marked). Here are the most common factors involved in pedestrian accidents:

Continue reading “What YOU Need to Know about Pedestrian Accidents”

Thanksgiving Dinner Meal Break Rest Break

If your boss violates California rest and meal and state laws, you may be able to sue your employer for not allowing you to have your legal amount of meal or rest breaks. For instance, if your employer denies you a meal break, or does not compensate you for your rest break, they can suffer real consequences.

Under California law, an employee must be given breaks every five hours. You cannot work for more than five hours a day without be given a meal period of at least thirty minutes. If your total work day is only 6 hours in that case a meal break can be waived by both parties.

When you work for more than ten hours, a 2nd meal period of not less than 30 minutes must be allowed. Again, if you are only working a total of 10 hours or less, the 2nd meal period can be waived by mutual consent, as long as you did not waive your first meal break.

Continue reading “What you need to know about Meal and Rest breaks”

Truck Accident

Despite what you may have heard or read, all motor vehicle accidents are not treated equally by the law. A truck accident is defined as vehicle crashes involving 18-wheelers, tractor trailers, semi-trucks and other commercial motor vehicles that cause personal injury and/or property damage.

It was reported by the Federal Motor Carrier Safety Administration, “accidents that involved large commercial trucks accounted for 287,000 property damage claims, 77,000 injuries and 4,321 deaths over the course of a single year.” Comparably, medium to large trucks are responsible for a very small segment of the accidents that take place on highways; but their large size causes more serious damage and the accidents are more likely to be catastrophic. Motor vehicles that collide with large trucks see much more damage to their vehicle. Another big difference is in terms of settlements after an accident. The amount of effort and costs associated with investigating and pursuing the remedies in a trucking accident are more complex and more expensive.

Continue reading “Truck Accidents Versus Auto Accidents What You Need to Know”

Wrongful Termination

California is an “at-will employment” state, which means that any employment relationship can be ended without prior notice or warning by the employer or the employee at any time and for any reason.  There is no general requirement that an employer have “good cause” before firing an employee. Nor is the employee entitled to any warnings that the employee’s job is in danger before being fired.

Wrongful Termination Claims

Continue reading “Wrongful Termination in California”

Work Injury

If you are injured or ill on the job, Workers Comp insurance covers medical expenses and a portion of lost wages. Even though the State of California requires employers to carry Workers’ Compensation coverage, not every worker is covered. Here are some examples of those not covered by Workers Comp.

Business Owners and Volunteers

Business owners, from sole proprietors to partners are not covered by their company’s workers’ compensation insurance. Some business owners may elect to receive WP if they pay the premium. As for volunteers, they are not generally considered employees, so they are not eligible for WP. There are some exceptions like- volunteer police officers and firefighters who are requested by a firefighter or police officer to assist in an emergency.

Continue reading “Who Is NOT Covered by Workers Compensation Insurance?”

Motorcycle Accident

Simply- what you do after a motorcycle accident can have a significant impact on your ability to maximize the compensation you receive for your injuries.

What you should do to protect your interests after a Motorcycle Accident

The most important thing to do when you sustain a motorcycle accident injury is to seek medical attention. There is nothing more important than your health and well-being.  Brain injuries, spinal cord injuries, burns, road rash, and disfigurement and amputations are common injuries in motorcycle accidents. It is important to have any injuries documented by the emergency room or hospital staff. If possible, have them document that the injuries were caused by a motorcycle accident.

Continue reading “What Do I Do After a Motorcycle Accident?”

Injury

So many people ask us, am I entitled to compensation for my injuries? Here are 3 questions to answer that will help you figure out your personal situation-

  • Did you suffer a personal injury or was it just property damage?
  • Were your injuries caused by another person or entity negligence?
  • Do you have recoverable damages?

Let’s dig deeper.

Continue reading “Are you entitled to receive financial compensation for your injuries?”

A stopwatch

If you have been injured due to a negligent act of another person, you can file a personal injury claim to recover compensation for any medical expenses, lost wages, plus pain and suffering. In California you have two years to file a personal injury lawsuit in the state of California. The two years begins on the day that you sustained the injuries. So act quickly, don’t wait!

Two years to file applies to almost every type of personal injury case from: including product liability cases, car accidents, slip and falls, truck accidents and dog bites. If you are injured and do not know it, most courts will usually allow you to file a personal injury lawsuit within two years from the date that you first discovered your injury. Plus, the court requires proof in the form of medical records that clearly shows why you did not discover the injury right after the accident. Without proof, it is possible you will not be permitted to move ahead with your lawsuit.

Continue reading “What you need to know about the Personal Injury Statute Of Limitation In California”

Temporary or Permanent Disability

If you have been injured on the job, money and lost wages are issues that can not be ignored.  In California, there are systems in place to provide funds for injury recovery and supplement lost income. The type of disability you are eligible for will determine what type of disability benefits you will receive.

Through California Workers Compensation Law, you have the right to file a claim through your employer. If your claim is awarded, you can receive a certain amount of financial support, depending on the severity of your injuries. Within a workers comp claim, you will get labeled with certain terms as you progress through the required assessments and exams. Those assessments will determine if you are temporarily or permanently disabled.

Continue reading “Workers Comp: Is your Injury a Permanent or Temporary Disability”

Yes, every retailer must legally ensure that there are no safety hazards on their property. Keeping their customers safe, should on the top of every retailers list, but unfortunately it is not.

You can slip and fall from broken products, liquid spills, and uneven flooring if not taken care of immediately. You might even suffer serious injuries like- head injuries, broken bone, or spinal cord damage. Here’s what you need to know if you are injured from of a slip and fall-

Who is Liable For Slip and Fall Accidents

Property owners must maintain safe conditions on their properties so visitors are safe and not harmed and if they don’t and they have been negligent, they will be liable for any injuries incurred.

But it is not automatic … you must prove one of the following–

Continue reading “Facts you need to know about ‘a slip and fall’ in retail stores”

Have you been in a car accident?  Do you have to deal with an insurance company? Here are 4 benefits you will receive and gain by working with a personal liability attorney after your accident-

  1. More Compensation

According to various studies, personal injury victims that allow an attorney to handle the negotiations with the insurance company tend to receive more compensation, than if they were handling it themselves. One study found that plaintiffs working with an attorney were able to recover 3.5 times more in compensation.

Continue reading “4 Benefits to Hiring a Personal Injury Attorney after a Car Accident”

If you are a car accident victim in California, you are legally entitled to compensation for your injuries. To obtain compensation, you must file a personal injury claim against the at-fault driver. But don’t wait forever. The length of time victims have to take is called a statute of limitations, and it varies from state-to-state. So, if you are in California and have an accident, here’s what you need to know-

Statute of Limitations- Car Accident Cases involving Injuries

If a negligent driver injures you, you can recover compensation for lost wages, medical expenses, and pain and suffering. The statute of limitations for filing a personal injury lawsuit is two years from the date of the car accident. But don’t wait too long… 2 years may seem like a long time… but it comes quicker than you think.

Continue reading “Is there a Statute Of Limitations On Car Accident Cases in California”

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