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Worker’s Compensation Claims During COVID-19

The current pandemic has left many employees in ambiguous situations. While some essential workers are still required to report to their physical place of work, others have taken up working at home to still meet their deadlines and bring in income. After all, many Californians have been ordered by recent laws to shelter in place to avoid spreading COVID-19.

At first glance, many businesses might think they will have to handle fewer workers’ compensation claims because fewer individuals are physically reporting to the office. Many employees might also believe they can no longer file claims for the same reason. In fact, the potential for a decrease in claims influenced the decision of Insurance Commissioner Ricardo Lara’s Order of April 13, 2020. The Order requires insurers to refund certain business and individual premiums.

But will there be a decrease in claims, and what can you, as an individual do if you experience a work-related injury at home?

Read on to find out.

The Current Legal Standard

Throughout the majority of the state of California, an employee must suffer an injury or disease that causes disability or creates the need for medical treatment while at work or while completing tasks for work. The employee does not need to prove their employer was negligent. Injuries or diseases could be caused by single incidents or from long term exposure or repetitive traumatic injury. Usually, a non-occupational disease is not compensable – such as a cold or flu. It is also important to note injuries at work may not be compensable if the employee is intoxicated, self-inflicted the trauma, engaged in a physical altercation, sustained the injuries during a felony, or were participating in a voluntary off-duty activity like an office football match.

Continue reading “Worker’s Compensation Claims During COVID-19”

Workers Compensation in California

Workers Compensation in California

If you’ve been hurt on the job, it’s important to understand your rights. These rights can vary from state to state, so California law is what matters here. In the State of California, the workers compensation system works on a no-fault basis.

This system is designed to benefit both workers and employers. Instead of having to take your employer to court to prove that your injury was their fault, you only need to prove that you were hurt on the job. So, what are you entitled to? Let’s take a closer look.

What You’re Entitled to Under Workers Compensation

California workers are covered for all medical treatments related to workplace-related injuries. In addition to medical treatment, workers are also covered for the cost of any evaluations. Prescription drugs, transportation, and even medical aid devices like wheelchairs are also covered.

Continue reading “Workers Compensation in California”

Work Injury

Injured on the job? Don’t worry about being unable to pay your medical bills just yet – you have options! Chances are your employer has workers’ compensation insurance, as it’s a state-mandated program that provides benefits to people just like you. This being said, some workplaces are less than cooperative when it comes to ensuring their employees get the coverage they deserve. Top workers’ compensation attorneys can guarantee that your case wins if and when it goes to court.

What is Workers’ Compensation?

In a nutshell, workers’ compensation is an insurance program that most places of employment are required to have in the event that one of their employees is injured either on the job or as a result of actions taken during their job’s duties. This way, employees don’t have to pay for their medical expenses out of their own pockets. They can rely on insurance coverage to handle these burdens while they recover.

When Does Workers’ Compensation Apply?

In California and beyond, workers’ compensation insurance applies whenever:

  • injuries sustained by an individual are a direct result of duties on the job
  • injuries are sustained away from work but when dealing with work-related issues
  • injuries that appear while not at work but which were obtained as a direct result of work-related stresses or activities

This is a pretty broad umbrella, but it’s great news for you since it means that your work-related health issues likely fall under workers’ compensation insurance coverage.

What Are Some Examples?

Continue reading “California Workers’ Compensation Attorneys”

Personal Injury Attorney

What is a Personal Injury Case?

In a nutshell, a personal injury case can be claimed whenever one person is harmed from an accident or injury because of the actions of another person. The accident doesn’t have to be intentional, of course. But someone could still be on the hook for personal injury medical expenses and more under many circumstances.

Personal injuries can be devastating to those who suffer them. These types of claims cover a wide variety of injuries and ills, including:

  • broken bones
  • slip and fall injuries
  • burn injuries
  • automobile accidents and associated injuries
  • traumatic brain injuries
  • and much more

As a result, those who suffer personal injuries may need to press a claim against another individual in order to receive damages to help them recover from the incident.

Continue reading “California Personal Injury Attorneys”

Rideshare UBER LYFT ACCIDENT KJT LAW GROUP

When you’re driving yourself and get in an accident, your insurance will typically cover you for any personal injuries. Similarly, if you’re taking a taxi, you’ll be covered by the taxi company’s insurance. But what if you’re taking an Uber, a Lyft, or another rideshare vehicle? These are new, uncharted waters. Thankfully, there are already laws in place to keep you protected. Here’s what you need to know about insurance coverage in a rideshare vehicle.

What California Requires

In the state of California, rideshare companies are required to provide certain protections to their riders. In fact, the rideshare company itself is required to carry a $1 million liability insurance policy. This is in addition to any liability coverage your rideshare driver may be carrying. But even if the driver isn’t following the rules, the rideshare company itself is still going to have you covered.

For rideshare drivers, your insurance coverage is going to vary depending on which company you’re driving for. Uber offers $1 million of coverage, with a $1,000 deductible. So you’ll need to pay $1,000 out of pocket if one of your passengers is injured. Lyft’s coverage comes with a $2,500 deductible, so you’ll have to pay more out of pocket if you’re driving for them.

Continue reading “What to Do if You’re Involved in an Auto Accident While in a Rideshare (UBER/LYFT)”

Department Store Injuries

Accidents can happen at any time and in any place. If you’re injured in a retailer, be it a small general store or a large box store, you may be entitled to reimbursement to cover any medical expenses. It all comes down to what happened.

Retailers have an obligation to keep the public areas safe to shoppers and others within their building or storefront. When that retailer fails to meet that obligation, they can be held liable for accidents like a slip and fall or unbalanced displays topple onto a shopper.

Here are a few interesting facts from the National Fall Safety Institute about slips and falls:

  • About 6 out of 10 personal injury cases involving a slip in fall occurred on a single level. While some falls occur when someone falls on stairs or falls from another floor, more than half happen on the same floor someone is standing or walking on.
  • Over 2 million falls are linked to issues with flooring like wet floors, loose carpeting, or uneven surfaces.
  • Around 1 million emergency room visits are the result of someone falling and needing medical attention.
  • After a fall, most people end up missing about a month of work.
  • Slip and fall cases aren’t just about shoppers. About 85 percent of all worker’s comp cases involved an employee slipping on wet flooring.

Continue reading “Department Store Injuries & What To Do Following One”

Disability-accommodation

“The Americans with Disabilities Act (ADA) is federal law that protects disabled employees from being discriminated against in the workplace. Consistent with the ADA, employees with disabil0126ities are permitted under California disability discrimination law to request reasonable accommodations from their employers in order to help them perform their job duties.”

In California, employers are legally bound to provide a disabled employee reasonable accommodations. One stipulation- the cost of this accommodation can not be deemed an undue hardship to the employer.

3 Common Requests workers with disabilities can legally make   Continue reading “Employees with Disabilities- 3 Common Accepted Employer Accommodations”

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.

Misclassification

Many noteworthy class action lawsuits have come down to an employer misclassification of nonexempt employees. Let’s look at the facts.

In the US, generally there are two types of employees- ‘exempt employees’ and ‘non-exempt employees.’ The difference? The most significant differentiation is with the issue of overtime work. The Fair Labor Standards Act (FLSA) is the federal law that regulates these distinctions. The FLSA states that employers are obligated to pay at least minimum wage for up to 40 hours per week as well as overtime pay. It also specifies that exempt employees are not entitled to overtime pay.

CALIFORNIA LAW

“While California law has more rigorous standards than federal law, federal law still warrants some attention. For one thing, the Department of Labor Standards Enforcement (DLSE) has indicated that, although there are differences between the state and federal exemption standards, the federal regulations may serve as a guide where there is no conflict.”https://www.calchamber.com/california-employment-law/pages/exempt-nonexempt-employees.aspx
Continue reading “Exempt Employee or Non Exempt Employee That is the question!”

In California, Is it legal to be fired for taking a Vacation?

For many of us, our summer vacation is the most important time of the year. It doesn’t matter where you go, just as long as you can get away from the stress of everyday life. Yet for some Californians, they have never had that time away to take a vacation. The reasons- for some their finances won’t allow it, for others they don’t have paid vacation days.

There is no law that requires employers to give employees a paid vacation.

Yes, and in fact some companies have terminated workers if they take trips at inopportune times. Most employers won’t fire employees who take a vacation — but it can happen, particularly in the California, where the majority of non-union employees are freelancers or at-will, which means that you can be fired for any reason, as long as it is not an illegal reason, such your;  gender or race.

Continue reading “In California, Is it legal to be fired for taking a Vacation?”

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