Accident Reports Auto Accident Bicycle Accident Blogs Bus Accident Business Interruption Insurance Consumer Law Covid-19 Criminal Defense Debt Relief Defective Product Employment Law Events From Our Office Immigration Insights Intellectual Property Pedestrian Injury Personal Injury Pharmaceutical Case Press Release San Gabriel Valley Master Key Tour Bus Accident Uncategorized Workers' Compensation 事故报告 (Accident Reports) 工伤赔偿 (Workers Compensation)

Pain and Suffering Damages in Workers’ Compensation Claims

Topics: Personal Injury, Workers' Compensation

Feb 09th, 2021

Share This Post

[vc_row][vc_column][vc_column_text]One question the Law Offices of Scott Warmuth is often asked about by injured workers is how to pursue financial recovery for pain and suffering. For the victims of car accidents and other personal injuries, pursuing compensation for pain and suffering is standard. However, after a work injury, pain and suffering does not factor in to workers' compensation benefits. Regardless of how any injury at work happens, injured workers are not allowed to seek pain and suffering compensation in their workers' compensation claim. That said, there are some situations where an injured worker can pursue a separate, concurrent personal injury claim to seek compensation for pain and suffering. We will reiterate this point: injured workers cannot pursue workers' compensation benefits for pain and suffering. California workers' compensation claims are considered 'no fault,' allowing any injured worker to pursue benefits regardless of how the injury occurred, even if the worker caused the injury. As a tradeoff to that concession, injured workers are not allowed to file a lawsuit claiming damages for pain and suffering against their employers, even if their workers' compensation claim is denied. To file a lawsuit to seek pain and suffering compensation, someone or something unrelated to the employer must have caused or been a party to the injury. When a third party is the cause of a workplace injury, that party can be litigated for pain and suffering damages. Third-party liability can happen in a variety of ways. Probably the most common type of third-party claim is an auto accident where the worker is not at fault for the crash. Another type of third-party is the manufacturer of a defective product. If a machinist is using a tool that breaks unexpectedly and is injured as a result, the machinist may have a valid third-party liability claim against the manufacturer of the tool. Other personal injuries that occur while on the job, including dog bites and slip and falls outside of the workplace, could also be considered for third-party liability. These types of cases pursue pain and suffering damages against the person or company responsible for a work injury. Third-party pain and suffering claims can be pursued simultaneously as a workers' compensation claim. However, it is important to note that workers' compensation insurance companies will seek reimbursement at the conclusion of a third-party claim, called subrogation, because technically the workers' compensation insurance company is not responsible for your injury. Personal injury litigation typically results in more compensation for injury victims and take longer to conclude, so it is still recommended to pursue a third-party claim if possible. The workers' compensation benefits will be reimbursed from your personal injury settlement and requires no out-of-pocket expenses. The Law Offices of Scott Warmuth examines every workers' compensation claim closely for third-party liability to pursue pain and suffering compensation on behalf of our clients. Should third-party liability exist in a claim, our team can open a simultaneous personal injury case while still pursuing workers' compensation benefits. For a free work injury case evaluation, call our offices today at 888-517-9888. We can help you recover from your injuries.[/vc_column_text][/vc_column][/vc_row]

Share This Post

President Biden Signs Three Immigration-related Executive Orders

Topics: Immigration

Feb 05th, 2021

Share This Post

[vc_row][vc_column][vc_column_text]On Tuesday, President Biden signed three executive orders related to immigration targeting reversal of certain policies enacted by the previous administration. The executive actions may not have an immediate impact on existing immigration policies, but instead creates the ability to study how to properly undo actions many considered anti-immigrant. One of the executive orders addresses the forced family separation policy and how to reunite those families, another will examine the asylum process and the so-called "Remain in Mexico" policy, and the remaining order removes a possible penalty for some family sponsors and will examine other legal immigration policies, including the public charge rule. The White House released a face sheet regarding the immigration executive actions. They can be seen here. Undoing some of the immigration policies of the previous administration will take time and careful consideration, something acknowledged by the executive actions. The order addressing the Trump administration policy of separating families establishes a task force to reunite hundreds of impacted families. The task force will examine many ways to reunite those families and make recommendations to the appropriate federal agencies. The order examining the southern border and the Migrant Protection Protocols program will also not immediately undo the actions of the previous administration as doing so could create additional chaos. The order addressing legal immigration is similar, with the goal of reviewing the public charge rule and naturalization process to make sure "the legal immigration system operates fairly and efficiently." While these actions will not have an immediate effect on immigration, they do show how the Biden administration will approach immigration. In addition to the executive orders, President Biden announced yesterday that the number of refugees admitted to the United States will increase from 15,000 to 125,000, a number above the caps of the final year of the Obama administration. Overall, it is expected that the Biden administration will favor policies much more beneficial to immigrants to the United States. The Law Offices of Scott Warmuth has been helping immigrants live and work freely in the United States since 1984. Our immigration lawyers can help you meet your immigration goals, from temporary visa to green card to citizenship. Call us today at 888-517-9888 to speak with an immigration expert. All initial consultations are 100% free.[/vc_column_text][/vc_column][/vc_row]

Share This Post

San Gabriel Valley Master Key – Episode 20 – Tim Fall

Topics: San Gabriel Valley Master Key

Feb 03rd, 2021

Share This Post

[vc_row][vc_column][vc_column_text]Episode 20 of the San Gabriel Valley Master Key podcast, co-hosted by Attorney Scott Warmuth, officially came out yesterday! Episode 20 features Tim Fall, Superior Court Judge. Episode Description:

Tim Fall is a Superior Court judge in Northern California. He also teaches judicial ethics to experienced judges throughout the state. In 2008 Tim faced a contested reelection for his seat which brought forth a battle against mental illness while he was on the campaign trail. Through support from family, friends, and medical professionals Tim found success in both the election and his struggle with mental illness.

In 2019 Tim wrote a book about his experience in 2008 to help break down the stigma of mental illness and the way it affects a persons life. Through reading about his journey he hopes that it can bring an understanding and empathy for the self and others. Book available through Amazon and Audible: Running for Judge: Campaigning on the Trail of Despair, Deliverance, and Overwhelming Success

Available now on Spotify, YouTube, Google Podcasts, Apple Podcasts, and iHeartRADIO! Visit the San Gabriel Valley Master Key website for more information.[/vc_column_text][/vc_column][/vc_row]

Share This Post

Driving on Wet Roads

Topics: Auto Accident

Feb 02nd, 2021

Share This Post

[vc_row][vc_column][vc_column_text]Winter finally arrived in Southern California last week. Last Thursday and Friday saw extreme amounts of rain in the Los Angeles area, clearing the air and leaving the mountains snowcapped, but also causing dozens of car accidents on the slick roadways. Driving in wet weather is a skill, one which many Southern Californians have yet to master. While the safest course of action is to simply avoid driving in the rain, the Law Offices of Scott Warmuth understands that this is not always possible. Thus, our accident attorneys are here to provide some tips for driving on wet roads to keep you safe!

Be prepared for the bad weather

If the forecast calls for rain, make sure you're ready to drive, but also that your vehicle is ready to drive too! Check your brakes, windshield wipers, and headlights to make sure they can function properly in the rain.

Slow down

Driving slower than you would in normal weather conditions can have enormous benefits. Driving too fast can make it difficult to come to an emergency stop and can lead to hydroplaning. Hydroplaning, where a vehicle is essentially driving on the water on the roadway and not the road itself, can lead to a loss of traction and vehicle control. Slowing down will decrease the risk of hydroplaning and losing control. If you feel like your vehicle is hydroplaning, take your foot off the gas and keep your vehicle's tires aligned with the road.

Begin braking earlier

It takes longer for a vehicle to stop on wet roads. If you start to brake earlier, you will not have to brake faster, which can lead to a loss of control in slippery conditions.

Give extra space to the vehicle ahead of you

Because it takes longer to brake, you may not be able to come to a stop if you are traveling too closely to a vehicle in front of you that comes to a sudden stop. The extra space gives you more time to stop.

Turn on your headlights

It is actually the law. If your windshield wipers are on your headlights must be on. This applies to rain, mist, snow, fog, or other precipitation or atmospheric moisture.

But keep your brights off

High beams actually make it more difficult to see in rainy conditions and pose a risk to other drivers. Keep your brights off when it rains.

Avoid standing water

You never know what is under the surface. Standing water can hide potholes or debris, which you could crash into. Driving over standing water also increases the risk of hydroplaning.

Contact a Car Accident Lawyer if your vehicle is struck in bad weather

The Law Offices of Scott Warmuth can help you seek medical treatment, repair your vehicle, recover lost wages, and more if another driver is not following these guidelines and crashes into your vehicle while driving in bad weather. We offer free consultations at 888-517-9888, so contact us today![/vc_column_text][/vc_column][/vc_row]

Share This Post

Preparing Teenagers for Driving

Topics: Auto Accident

Jan 29th, 2021

Share This Post

[vc_row][vc_column][vc_column_text]The data do not lie: teenagers are bad drivers when compared to every other age group. There are several reasons for why teens are the worst drivers, but the primary factor is inexperience. Teenagers are new to driving and have yet to learn how to identify dangerous situations while on the road. Inexperience can also cause teen drivers to react incorrectly or make poor decisions when a dangerous situation occurs. Driving inexperience and other risk factors commonly associated with the "adolescent illusion of invincibility" can explain why teenage drivers are nearly three times more likely than other age groups to be killed in a car crash. The Centers for Disease Control (CDC) identifies eight danger zones for teen drivers, with each danger zone being a leading cause of car crashes, injuries, and fatalities. The CDC recommends that parents teach these leading causes to new teen drivers to reinforce good driving behavior. Those leading eight causes are

Driver inexperience
Driving with teenaged passengers
Driving at night
Driving without the use of a seat belt
Driving distracted
Driving while tired
Reckless driving
Driving while inebriated

Education is the best way that parents can help their teen drivers avoid these eight danger zones. Teenage drivers should be aware of these danger zones and how to avoid them. In addition to providing as much guided driving experience as possible, parents can teach teen drivers about:

The dangers of drunk driving - just say no.
The dangers of drowsy driving - just say no as well.
How to minimize distractions - put the phone away and limit passengers.
Pedestrians, bicyclists, and motorcyclists - there are more people on the roads than other drivers.
Defensive driving - protect yourself by protecting others.
Adverse road conditions - driving at night, bad weather, and rough roads require slower speeds.
What to do if a car accident happens - even the best drivers get into car accidents.

The Law Offices of Scott Warmuth strongly encourages all forms of driver education. The more drivers practicing defensive, distraction-free driving the safer the roads become. But we understand that accidents do happen. Our team of car accident lawyers is here to help drivers injured through no fault of their own. Call us today at 888-517-9888 to receive a free legal consultation.[/vc_column_text][/vc_column][/vc_row]

Share This Post

Biden Administration Aims to Clarify Rule on Unemployment Insurance and Covid-19

Topics: Covid-19, Employment Law, Workers' Compensation

Jan 27th, 2021

Share This Post

[vc_row][vc_column][vc_column_text]On January 22, the Biden administration released a fact sheet related to Covid-19 and economic recovery. One of the bullet points on the fact sheet has direct implications for employment law.

Help ensure that unemployed Americans no longer have to choose between paying their bills and keeping themselves and their families safe from COVID-19 by asking the U.S. Department of Labor to consider clarifying that workers who refuse unsafe working conditions can still receive unemployment insurance.

Unemployment insurance is typically unavailable to workers who voluntarily leave their employment. The order clarifies that leaving for unsafe conditions with respect to Covid-19 protocols is allowed. In California, there are five requirements to file a claim of unemployment.

You must be unemployed (totally or partially)
You must have become unemployed through no fault of your own
You are physically capable of working
You are currently available to work
You are ready to begin work immediately

The new federal guidelines would add a clarification to a couple of the bullet points. In California, if you quit or are fired from your work, the Employment Development Department (EDD) will interview you about any unemployment claim. Typically, if you quit your position, you will need to provide good cause for why you quit. Fear of contracting Covid-19 due to unsafe working conditions should be considered a good cause by the interviewer. If you were denied benefits before this guidance, you may be able to appeal the decision now and cite the new federal guidelines. See the fact sheet here. Unsafe working conditions can not only lead to physical injury but can cause psychological harm and stress. Employment law states that any employee who makes a complaint about unsafe working conditions, including conditions related to protection from Covid-19, cannot legally be retaliated against. Any worker who is punished or terminated from a position for reporting unsafe conditions can pursue a claim. And of course, any work injury suffered as a result of these unsafe conditions is eligible for workers' compensation benefits. The Law Offices of Scott Warmuth helps workers pursue employment law and workers' compensation claims. Call our expert team today at 888-517-9888 for a free consultation.[/vc_column_text][/vc_column][/vc_row]

Share This Post

San Gabriel Valley Master Key – Episode 19 – Rozalynn Woods

Topics: San Gabriel Valley Master Key

Jan 26th, 2021

Share This Post

[vc_row][vc_column][vc_column_text]Episode 19 of the San Gabriel Valley Master Key podcast, co-hosted by Attorney Scott Warmuth, was officially released today! Episode 19 features Rozalynn Woods, Southern California interior designer. Episode Description:

Rozalynn Woods is an interior designer and is recognized for a clean and sophisticated sense of style that seamlessly integrates Interior Design and Architecture. With 25 years of design experience, Rozalynn insures her spaces present a current point of view, yet appear timeless–each pertaining to her clients’ unique sensibility. As an inveterate world traveler with a passion for ﬂea markets and furniture history, Rozalynn draws from those experiences and incorporates them into an extensive number of projects whether in Los Angeles, New York City or Montreal.

Rozalynn has participated in several Pasadena Showcase Houses of Design and ASID Home and Kitchen tours. Her work has been published in California Homes, Metropolitan Home, California Home and Design, Pasadena Magazine, Spectacular Homes of Southern California and The Sunset Garden Style Decorating Book. Her designs have received extensive newspaper and blog coverage, and have been featured on HGTV. She was recently awarded “Best Interior Designer” by Pasadena Weekly.

Available now on Spotify, YouTube, Google Podcasts, Apple Podcasts, and iHeartRADIO! Visit the San Gabriel Valley Master Key website for more information.[/vc_column_text][/vc_column][/vc_row]

Share This Post

President Biden’s Immigration Agenda Becomes Clearer

Topics: Immigration

Jan 22nd, 2021

Share This Post

[vc_row][vc_column][vc_column_text]January 20th was Inauguration Day in the United States. The inauguration of President Joseph R. Biden Jr. as the 46th president of the United States marks the beginning of a shift in the immigration policies of the country. Within hours of being sworn in, President Biden began making dramatic changes to immigration law, signing several executive orders and introducing the US Citizenship Act of 2021. The Biden administration has placed a focus on overhauling the immigration system in the country, with the changes geared towards making immigration to the United States easier. The executive orders undo several actions taken by the Trump administration, which we have previously discussed. One executive order reaffirms the Deferred Action for Childhood Arrivals (DACA), which the Trump administration tried to end unsuccessfully. Though the program had already been fully restored by court order, the executive order also explicitly implores Congress to provide a more permanent solution for the immigrants known as Dreamers, including a path to citizenship. Another executive order reinstates deportation protection for Liberians with Temporary Protected Status (TPS) or Deferred Enforced Departure (DED) protections. Three other executive orders reverse or undo specific policies implemented by the Trump administration. One order ends the controversial travel ban targeting mostly majority-Muslim countries that was put in place at the beginning of the Trump presidency. Another executive order on immigration immediately ends the construction of a border wall with Mexico. A third order undoes the Trump immigration policies that led to the separation of immigrant families. Separate from executive orders, it was also announced that there would be a pause of certain deportations for 100 days and that new asylum seekers will no longer be subject to the so-called "Remain in Mexico" policy. Find the executive orders here. And on top of the executive orders, the Biden administration introduced ambitious immigration legislation called the US Citizenship Act of 2021. The administration provided a fact sheet on the legislation, which is embedded below. It highlights the following aspects of the bill: Provide pathways to citizenship & strengthen labor protections, prioritize smart border controls, and address root causes of migration. The Law Offices of Scott Warmuth has been helping immigrants live and work in the United States since 1984. We hope these changes to immigration law makes it easier for our clients to achieve their immigration goals. Our immigration lawyers will continue to monitor any developments and potential changes to immigration law to best serve our clients. If you are seeking immigration help, do not hesitate to call our offices at 888-517-9888 to request a free consultation with our immigration experts.[/vc_column_text][/vc_column][/vc_row]

Share This Post

San Gabriel Valley Master Key – Episode 18 – David Cutter

Topics: San Gabriel Valley Master Key

Jan 20th, 2021

Share This Post

[vc_row][vc_column][vc_column_text]Episode 18 of the San Gabriel Valley Master Key podcast, co-hosted by Attorney Scott Warmuth, was officially released yesterday! Episode 18 features David Cutter, Pasadena piano teacher. Episode Description:

David’s twenty years of classroom teaching gives him the experience to know how to listen to a student, how to assess what is needed and how to quickly respond to the learning opportunity. He has also written educational courses during his career, most recently, a piano appreciation course for the Pasadena Senior Center. In his private piano teaching practice, David uses his creative problem solving skills to motivate students, particularly when they hit road blocks. He is open and flexible about how to work with each person, always starting with where the student is at. That way he discovers what works for a particular student and customizes lessons accordingly. David teaches out of his studio in Pasadena and is a member of the Pasadena Branch of the Music Teachers Association of California.

Available now on Spotify, YouTube, Google Podcasts, Apple Podcasts, and iHeartRADIO! Visit the San Gabriel Valley Master Key website for more information.[/vc_column_text][/vc_column][/vc_row]

Share This Post

Social Media and Your Personal Injury Case

Topics: Personal Injury

Jan 19th, 2021

Share This Post

[vc_row][vc_column][vc_column_text]Attorneys typically recommend that their clients do not talk about their personal injury case publicly, as it could negatively affect the outcome of the case. Never before has that advice been more important. Social media has made it possible to broadcast every aspect of your life to anyone interested in following along without a second thought, and sometimes that can have dramatic consequences. The past couple of weeks have been filled with headline news stories about people's social media sharing becoming evidence in legal cases. Publicly shared social media posts can also be used as evidence against you in personal injury cases. Whether it is a Facebook post, Instagram story, Twitter tweet, Twitch livestream, YouTube video, Yelp check-in, or even a TikTok dance, if it can be seen, it can be harmful. Insurance companies could scour your social media for any evidence they can use to dispute liability or undermine the severity of your injuries. You may think we mentioned a TikTok dance just to be funny, but if you are claiming a soft-tissue injury to your back and the insurance company discovers a video of you absolutely nailing that Blinding Lights dance challenge just after your injury, they will have questions. Most of us do not have a thousand followers, let alone a million followers, but if your social media is set to public, it can and will be seen by insurance companies researching your personal injury claim. The more data and information you share the more damage you could do to the value of your claim, especially if the content of your posts/stories discuss/show your injury. The Law Offices of Scott Warmuth recommends against every sharing anything publicly that could negatively impact your case, including that TikTok dance. Keeping your private life private can increase the value of your personal injury case. If you have been injured in an auto accident or suffered a personal injury through no fault of your own, the Law Offices of Scott Warmuth can help you seek medical attention for your injuries, funds to repair your vehicle, recover lost wages, and seek compensation for your pain and suffering. Speak with one of our personal injury experts today - all initial consultations are free of charge - by calling 888-517-9888. We're on your side, all the way.[/vc_column_text][/vc_column][/vc_row]

Share This Post