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Am I Eligible for Temporary Disability Benefits in California?

Topics: Workers' Compensation

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[vc_row][vc_column][vc_column_text]If you have been hurt on the job in California, you can apply for workers' compensation benefits that will cover the cost of your medical care.  You may also be eligible for temporary disability benefits that will cover at least some of the lost wages you experience as the result of your work injury.  Eligibility for temporary disability benefits through workers' compensation will depend on the severity of your injury and whether or not your injury prevents you from performing your normal work duties or at least earning the same amount of pay through modified work duties.

Eligibility for Temporary Disability in California

Injured workers can only collect temporary disability benefits if the work injury results in any of the following:
  • An overnight hospitalization stay
  • Three days or more of missed work
  • A reduction in wages resulting from the inability to perform some work duties
The last possibility on the above list can happen when an employer offers injured workers different type of work to accommodate their injuries, but the replacement work pays a lower wage.  In this situation, injured workers are eligible for temporary partial disability benefits.  If the work injury leaves you unable to work at all, you are eligible for temporary total disability benefits during the time you cannot work.

Temporary Disability Benefit Amounts in 2021

Temporary disability benefits are typically two-thirds of lost income, with a weekly minimum level of $203.44 and a weekly maximum level of $1,356.43.  If you are completely unable to work from your injuries, you will receive two-thirds of your average weekly wage (AWW).  AWW encompasses more than just your wages; it also includes overtime, tips, bonuses, commissions, and the cash value of other perks provided by your employer.  Side hustle earnings could also be counted towards AWW.  An experienced workers' compensation attorney can help you ensure you have all of your income streams accounted for.  If you are collecting any income after your injury, you would subtract that income from your AWW and multiply the result by two-thirds to determine your benefit level.  Temporary disability benefits are not subject to any federal, state, or local income taxes, social security taxes, or union dues.

How Long Do Temporary Disability Benefits Last?

Temporary disability benefits from workers' compensation will last until one of the following situations occur:
  • Your treating doctor says you can return to work
  • Your current wages exceed your AWW
  • You have exhausted available benefits (104 weeks of benefits)
  • Your treating doctor indicates that additional treatment will not help your recovery
In the last scenario, your doctor will declare your "permanent and stationary", allowing you to receive permanent disability benefits.

The Law Offices of Scott Warmuth Can Help

If you have been injured at work, our workers' compensation team can help you pursue the benefits that you are entitled to.  Navigating the complex California workers' compensation system is notoriously difficult to do alone, but our attorneys and specialists simplify the process, allowing you to focus on your recovery so you can get back to work.  We offer free consultations for work injuries at 888-517-9888, so call us today.[/vc_column_text][/vc_column][/vc_row]
WarmuthLaw
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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)

San Gabriel Valley Master Key – Episode 17 – Scott Warmuth (Part 2)

Topics: San Gabriel Valley Master Key

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[vc_row][vc_column][vc_column_text]Episode 17 of the San Gabriel Valley Master Key podcast features part two of a three part series featuring co-host Attorney Scott Warmuth sharing his life story.  Part two was officially released Tuesday! Episode Description:

Scott Warmuth, lawyer and the co-host of the podcast, shares his life story in this 3-part series. In this second part he shares his journey as a young adult looking for self-discovery. As he travels away from Washington and eventually to California, Scott encounters people who influence him greatly. On his path of life that deviates from the standard young adult, Scott went from journalist to law student, from newspapers and magazines to the Peace Corps, and from a man seeking to a man discovering.

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]
WarmuthLaw
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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)

President-elect Joe Biden Vows Immediate Immigration Action

Topics: Immigration

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[vc_row][vc_column][vc_column_text]Last Friday, President-elect Joe Biden announced that he will immediately pursue immigration legislation after becoming President of the United States on January 20.  It is currently unknown what exactly may be included in the legislation, but President-elect Biden has indicated previously that immigration goals include reversing the travel ban that targets many Muslim-majority countries and addressing the plight of the Dreamers and immigrants with Temporary Protected Status (TPS) at risk of losing their status.  During his Friday announcement, President-elect Biden also indicated that the Justice Department will investigate the policies that lead to forced family separation and determine if any actions were criminal. See the announcement here. Immigration law has been in flux over the past four years.  Most of the immigration actions taken by the government under the Trump administration had negative ramifications for immigrants and foreign workers employed in the United States.  Some were outright hostile.  As the Biden administration takes over, it is not clear what changes to immigration can be realistically implemented quickly, but it is unlikely that any changes will be intentionally harmful to the people who want to live and work legally in the US.  New changes to immigration laws could open potential avenues for work visas, green cards, and U.S. citizenship that did not previously exist. The Law Offices of Scott Warmuth closely monitors any potential changes in immigration law to best serve our clients.  Our immigration attorneys will be poring over the legislation that President-elect Biden has indicated will be imminently introduced to determine how we can continue to help our clients and community.  We have been helping foreign workers and immigrants legally live and work in the United States since 1984.  We strongly encourage anyone with questions about immigration, the immigration process, or citizenship to call our law offices at 888-517-9888 to request a free legal consultation.  We can help you accomplish your immigration goals.[/vc_column_text][/vc_column][/vc_row]
WarmuthLaw
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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)

How a Pending Felony Charge Can Affect Your Employment

Topics: Criminal Defense

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[vc_row][vc_column][vc_column_text]"Innocent until proven guilty" is one of the most commonly misunderstood phrases in the law.  It is true that the government must prove to a judge or jury, beyond a reasonable doubt, that the accused committed a crime (or plead guilty to a crime) before being found guilty and until that happens there is a presumption of innocence.  But "innocent until proven guilty" does not necessarily apply to the rest of society, including friends, family, the media, and employers.  Society can not imprison the accused, but it can damage reputations, relationships, and employment status.  A pending felony charge can affect your employment and employment prospects, even before being declared guilty. California employment law provides some protections for applicants previously arrested and/or charged with a crime.  If you were previously arrested and charged with a crime but found to be innocent or had the charges dropped, you cannot be asked about that event by a current or prospective employer.  The employer also cannot seek that information from other sources or use any knowledge of the incident to determine whether to hire or fire you. Pending criminal charges, however, are not subject to that protection.  If you are facing criminal charges, be they misdemeanor or felony, your current or prospective employer can ask you about those charges.  They can also use that information to make employment decisions.  If your current or potential employer discovers you are facing criminal charges, they can legally decide to fire you, not hire you, or take other measures.  This is the case even if you are innocent of the charges and eventually cleared by a court of law. The best action to take if you are facing a pending felony charge is to seek the help of an experienced criminal defense law firm.  Your career can hang in the balance after being charged with a crime.  A criminal defense attorney can take decisive action on your behalf to fight the charges against you and protect your freedom and career.  Concluding pending charges against you can help you pursue employment opportunities.  Our attorneys can take quick actions to pursue a not guilty verdict or dismissal of the charges against you. The Law Offices of Scott Warmuth assists defendants charged with a crime protect their legal rights and helps them get back to a normal life as quickly as possible.  We offer free criminal defense consultations, so call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
WarmuthLaw
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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)

San Gabriel Valley Master Key – Episode 16 – Rande Sotomayer

Topics: San Gabriel Valley Master Key

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[vc_row][vc_column][vc_column_text]Episode 16 of the San Gabriel Valley Master Key podcast, co-hosted by Attorney Scott Warmuth, was officially released yesterday! Episode 16 features Rande Sotomayer, civil litigation attorney. Episode Description:

Rande has transitioned from litigation attorney to mediator to afford parties the opportunity to settle their legal disputes before spending precious resources on fighting it out in court. She has transformed from a desk-bound sedentary person to an athletic mountain hiker and then mountain trail runner (including ultra-marathons), and then to mountain trail racer, beginning at age 56. With over 35 years of civil litigation, business, and dispute resolution experience, Rande Sotomayor takes a down-to-earth, common-sense approach to helping people solve problems and conflicts. Tenacious, intuitive, and with exceptional ability to perceive and manage the emotional component of any conflict, Rande’s approach delivers consistently excellent results.

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]
WarmuthLaw
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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)

New Year, New Laws in California

Topics: Auto Accident, Criminal Defense, Employment Law

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[vc_row][vc_column][vc_column_text]Many new laws went on the books in California upon entering the new year.  These new laws address many different topics and may not affect everyone, but several could have an immediate impact on some of the legal practice areas important to the Law Offices of Scott Warmuth and our clients.  As 2021 gets underway in earnest, so too will these changes to the law. Auto Accidents - AB 47 - Driver records: points: distracted driving.  It was already against the law to use a cellphone while driving.  AB 47 increases the penalties associated with distracted driving due to the use of a cell phone.  Fines for using a cellphone while driving remain the same, but beginning July 1, 2021, drivers who receive a second conviction of using an electronic device within 36 months of another conviction will be subject to a violation point on their driving records and could risk losing their driving privileges.  The violation point could also lead to increased car insurance rates.  This new law will attempt to reduce distracted driving that can result in a car crash. Workers' Compensation and Employment Law - AB 685 - COVID-19: imminent hazard to employees: exposure: notification: serious violations. Existing law requires employers to notify employees of hazards in the workplace.  AB 685 specifies that COVID-19 is one of those hazards. If your company has received notification that one of its workers has tested positive for COVID-19, the company must follow specific rules, including:
  • Providing written notice to any workers who may have been exposed to the coronavirus
  • Providing workers with information regarding COVID-19 related benefits, including workers' compensation,
  • Notifying workers of the disinfection and safety plan the the company will implement
AB 685 also specifies that companies cannot retaliate in any way against any worker who discloses a positive COVID-19 test, COVID-19 diagnoses, or order to quarantine. Employment Law - SB 1383 - Unlawful employment practice: California Family Rights Act Previously, under the New Parent Leave Act, only employees of companies with 50 or more employees were entitled to 12 weeks of family leave.  SB 1383 expands the entitlement to employees of companies with five or more employees. Criminal Law - AB 2717 - Motor vehicles: unattended children: liability AB 2717 exempts good Samaritans from civil and criminal liability after forcing entry into a vehicle under certain circumstances.  People who notice a young child in a vehicle should call 911 prior to forcing entry into any vehicle. San Gabriel Valley Attorney The Law Offices of Scott Warmuth provides legal help on a wide variety of practice areas to people living in the San Gabriel Valley and throughout California.  If you or someone you know is in need of legal assistance with a personal injury, work injury, employment law, criminal defense case, or other practice area, call our offices today at 888-517-9888 to speak with a legal expert.[/vc_column_text][/vc_column][/vc_row]
WarmuthLaw
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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)

San Gabriel Valley Master Key – Episode 15 – Scott Warmuth (Part 1)

Topics: San Gabriel Valley Master Key

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[vc_row][vc_column][vc_column_text]Episode 15 of the San Gabriel Valley Master Key podcast features part one of a three part series featuring co-host Attorney Scott Warmuth sharing his life story.  Part one was officially released today! Episode Description:

Scott Warmuth, lawyer and the co-host of the podcast, shares his life story in this 3-part series. In part one he tells of how his childhood influenced him to be who he is today, from growing up in the Seattle area, going to Catholic Schools, and having to help when the family hits hard times. Scott gives the journey from a boy who believed a cardboard airplane can fly to the youth who became a city councilman.

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]
WarmuthLaw
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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)

Season’s Greetings from the Law Offices of Scott Warmuth

Topics: From Our Office

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[vc_row][vc_column][vc_column_text]The Law Offices of Scott Warmuth wants to wish everyone a safe and happy holiday season.  2020 has been a struggle, but the challenges of the year have only led our law firm to redouble our commitment to our clients.  Through everything, we're on your side, all the way.  We continue to protect our clients' legal rights and fight for the justice and compensation they deserve.  We will continue to fight for you as we enter 2021 and beyond. Please stay safe, everyone.  Celebrate the 2020 holidays responsibly![/vc_column_text][/vc_column][/vc_row]
WarmuthLaw
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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)

San Gabriel Valley Master Key – Episode 14 – Jay Chen

Topics: San Gabriel Valley Master Key

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[vc_row][vc_column][vc_column_text]Episode 14 of the San Gabriel Valley Master Key podcast, co-hosted by Attorney Scott Warmuth, was officially released today! Episode 14 features Jay Chen, member of the Board of Trustees for Mt. San Antonio Community College. Episode Description:

Jay Chen was recently reelected to his second term of the Board of Trustees for Mt. San Antonio Community College (Mt. SAC). Prior to Mt. SAC Jay served eight years on the board of education for Hacienda La Puente Unified School District (HLPUSD), the largest school district in the San Gabriel Valley, and was twice elected Board President.  The child of immigrants from Taiwan, Jay attended HLPUSD public schools and earned a Naval ROTC scholarship to attend Harvard University. While in college he wrote for the budget travel guide Let’s Go, covering Central and South America. After completing a fellowship at Peking University he joined the global strategy consulting firm Bain & Company, and later consulted with Technoserve in Latin America.

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]
WarmuthLaw
Resource Library
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)

Defensive Driving More Important with Limited ICU Beds

Topics: Auto Accident, Covid-19

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[vc_row][vc_column][vc_column_text]The State of California has a dwindling supply of intensive care unit (ICU) beds due to the Covid-19 pandemic and will likely be facing a continued shortage for weeks.  As of December 16, remaining ICU capacity in Southern California was just 0.5%, an abnormally low rate.  Limited ICU bed space has many negative consequences, but one consequence that is often overlooked is potentially delayed treatment for critical injuries suffered in car accidents.  A lack of ICU bed space makes driving, especially at high speeds, more dangerous. According to several news reports, emergency rooms in LA County and Orange County are so busy that ambulances are being diverted to other hospitals or forced to wait hours before they can drop off a patient.  While these kinds of delays may not specifically affect seriously injured car accident victims, any overcrowding in an emergency room can affect the quality of care, inherently making driving more dangerous.  However, almost all car accidents are completely preventable.  Preventing serious car accidents during the pandemic could also help the hospital system face this unprecedented challenge. There are several ways to prevent car accidents, including the practice of defensive driving. Defensive driving will help your overall awareness while driving and keep you prepared for unexpected hazards.  Here are some basic defensive driving tips.
  • Plan ahead - Know your driving route and whether or not you may encounter dangerous weather conditions, construction zones, or anything else that may affect the drive.
  • Stay aware - Being aware of your surroundings can help you identify erratic behavior in other drivers and avoid collisions
  • Do not tailgate - Allow plenty of space between you and the vehicle you are following in case it has to make an emergency stop
  • Brake early - Slowing down gradually, especially in adverse weather, can help you avoid rear ending the vehicle in front of you and the vehicle behind you from rear ending you.
  • Remain calm - Aggressive driving maneuvers can make turn a tense situation dangerous.
Other ways to avoid serious car accidents is to avoid distracted driving and maintain your vehicle.  The risk of serious injury in a car crash is too high even without limited hospital space compounding the risk. The Law Offices of Scott Warmuth encourages all drivers to be extra cautious during this challenging time.  If you have been the victim of an auto accident, we can help.  Call us at 888-517-9888 to receive a free legal consultation.[/vc_column_text][/vc_column][/vc_row]