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Ladder Safety

Topics: Personal Injury, Workers' Compensation

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[vc_row][vc_column][vc_column_text]Hundreds of thousands of people suffer ladder-related injuries in the United States every year.  Falls from even short ladders can result in serious injury and death, necessitating caution for any workers planning to use a ladder for any purpose.  Numerous studies exhibit data that paint a cautionary tale for workers and homeowners using the common tool.
  • 43 percent of fatal falls in the 2000s involved ladders
  • 20 percent of workers injured in a fall were using a ladder
  • 81 percent of construction workers injured in a fall that was treated in an emergency room were using a ladder
  • About 500,000 people fall from ladders annually
  • 97.3 percent of ladder-related injuries occur at homes or farms
Between 1990 and 2005, ladder-related mishaps resulting in injury increased over 50 percent.  Ladder safety should be taken seriously by anyone who uses a ladder, but especially for workers who use ladders during their work duties.  The American Ladder Institute has offered some guidelines that should be followed by anyone using a ladder.
  • One person, one ladder, unless the ladder is specifically designed for more than one user
  • Do not use a ladder if you are tired or feeling faint
  • Do not use a ladder in high winds
  • Do not wear low-traction shoes when climbing a ladder
  • Confirm the ladder you are about to use is in good physical condition - ladders that sway or lean should be discarded
  • Confirm the ladder you are about to use is the appropriate strength for the job - never exceed the weight limit of a ladder
  • Confirm the ladder you are about to use is the appropriate length for the job - never step on the top rung of a ladder
  • Ensure the ladder is placed on solid, level ground
  • Ensure the ladder is not positioned in front of a door or gate that could open into the ladder - block, lock, or guard the door if necessary
  • Do not climb a ladder without having free hands
  • Climb ladders slowly and deliberately - avoid sudden actions that could cause you to lose balance
  • Do not attempt to reposition a ladder that you or someone else is standing on
  • Do not attempt to lean beyond the sides of a ladder
  • Always keep three points of contact with a ladder - either two hands and one foot or one hand and two feet.
See the full basic ladder safety guidelines here. Any worker injured after a fall from a ladder while on the job is eligible for workers' compensation benefits.  Any person injured after a fall from a ladder due to someone else's negligence is eligible to pursue a personal injury claim.  The Law Offices of Scott Warmuth helps injured workers and accident victims seek medical care and financial compensation for their injuries.  We offer 100 percent free consultations, so call us today at 888-517-9888 to speak with an injury recovery expert![/vc_column_text][/vc_column][/vc_row]
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318,000 TPS Immigrants at Risk for Deportation After Court Ruling

Topics: Immigration

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[vc_row][vc_column][vc_column_text]A federal appeals court panel of the Ninth Circuit reversed a district court ruling that blocked an attempt by the Trump administration to end temporary protected status (TPS) for certain foreign nationals living in the U.S.  TPS provides eligible immigrants from certain countries who were in the United States at a certain time protection from deportation and work permits.  The Trump administration has made several announcements about ending TPS protections for several countries so far, but in 2018, a federal judge in California placed an injunction preventing the program's termination for immigrants from El Salvador, Haiti, Nicaragua, and Sudan.  The appeals court ruling lifts this injunction.  Haitian nationals with TPS continue to be protected by a federal injunction in New York. It is estimated that the 318,000 TPS holders, and their 279,000 American citizen children, could have their lives upended.  After Monday's ruling, Nicaraguans and Sudanese could lose TPS protections in a few months.  Salvadorans could lose protections in a little over a year.  The Trump administration has not yet made any announcements about ending TPS protections in the aftermath of the court ruling.  It is likely that the American Civil Liberties Union's attorneys representing the plaintiffs will appeal this decision to the full Ninth Circuit or the U.S. Supreme Court. See the full news story here. It is not possible at present to predict exactly what will happen to TPS over the next few months.  The ultimate fate of TPS could ride on the results of the 2020 election; TPS is much more likely to end if President Trump is re-elected.  People who hold TPS protections may wish to seek other possible immigration solutions to living and working in the United States if they are available. The immigration lawyers at the Law Offices of Scott Warmuth can help you determine if there are any potential avenues to seek permanent residency in the country should the TPS program end.  Call us today at 888-517-9888 to receive a free consultation.[/vc_column_text][/vc_column][/vc_row]
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Applying Directly for PERM After Graduation

Topics: Immigration

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[vc_row][vc_column][vc_column_text]The recent government restrictions on H-1B has prompted more employers to consider directly helping F-1 college graduates in Optional Practical Training (OPT) apply for green cards.  Due to the graduates generally having little or no practical work experience, businesses and immigration attorneys are helping the students apply for EB-2 and EB-3 visas. The first step to applying for an EB-2 or EB-3 is to submit a Program Electronic Review Management (PERM) application to the Department of Labor (DOL) seeking work authorization.  The purpose of PERM is to ensure that the American labor market cannot fill the job with American nationals.  This leads to the PERM application process being long and complicated.  Immigration attorneys work with their clients and employers work with their future employees to ensure that their applications meet the highest quality standards to satisfy the DOL.  Without a successful PERM application, students will not be considered further for an EB-2 or EB-3. PERM requires employers to take the following steps for an EB-2 or EB-3 position:
  • Determine a position's minimum requirements and job duties
  • Research wage requirements for the position
  • Determine and execute an extensive recruitment process
If the employer is unable to hire a qualified American national at the end of the recruitment process, it can submit ETA Form 9089 (Application for Permanent Employment Certification) to the DOL.  The PERM process can take several months and can take longer if the application is reviewed by DOL to ensure compliance with PERM requirements.  Reviews can be triggered by several issues, including:
  • Recent layoffs by the employer
  • Unqualified applicants
  • Ineligible positions, such as not requiring a bachelor's degree
  • Personal relationship between the company's executives and the applicant
If there are issues with the application that need to be reviewed, the DOL will notify the employer, which must respond within 30 days.  If no response is provided, the application is considered abandoned.  Reviews of PERM applications can take several months, extending the overall timetable to well over a year. There are many ways for foreign nationals to legally work in the United States.  Immigration attorneys recommend having more than one option if possible.  Seeking an EB-2 or EB-3 visa is just one way to pursue a green card.  The Law Offices of Scott Warmuth can help you determine if you may be eligible for other avenues.  Call us today at 888-517-9888 to receive a free immigration consultation.[/vc_column_text][/vc_column][/vc_row]
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Common Questions in Workers’ Comp Cases – Part 4 – Money

Topics: Workers' Compensation

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[vc_row][vc_column][vc_column_text]Becoming injured at work can place significant physical, emotional, and financial stress on any worker. The Law Offices of Scott Warmuth understands that it can sometimes be difficult to discuss the financial impact of a work injury. We answer some of the most common questions injured workers have about the financial impact of their workers' compensation case. Do I have to pay for medical care? No. After filing a workers' compensation claim, you can receive up to $10,000 of medical care before your claim is accepted or denied, which is paid for by the insurance company. If your claim is accepted, the insurance company will continue to pay for your treatment. If your claim is denied, the insurance company will stop paying for your treatment, but you may be able to continue treatment from a doctor on lien, which means that the doctor agrees not to charge the injured worker directly for treatment and agrees to be compensated only by the insurance company if you win your case. Do I have to pay for travel to receive medical care? No. All travel for medical care can be reimbursed with proper documentation. Keep a log of miles driven and parking fees paid. When you want to be reimbursed for these expenses, submit the log to your claims administrator. The mileage rate is set annually by the government and is currently (2020) 57.5 cents per mile. When will I receive payment for disability benefits? Temporary disability benefits begin after the insurance company or your employer receives medical verification of your disability. If your claim is disputed, it may take longer to receive temporary benefits. Permanent disability benefits are received after temporary benefits end and you are declared permanently disabled by a qualified medical expert. How much will I receive in disability benefits? Temporary benefits are paid at the rate of 2/3 of lost wages, up to certain maximums depending on the date of injury ($1,299.43 in 2020). Permanent benefits pay 2/3 of average weekly earnings, with a maximum benefit depending on the date of injury ($290 per week for injuries from 2013 to 2020). Do I have to pay for travel to depositions? No.  Just like medical care, all travel related to depositions can be reimbursed. How much does a workers' compensation attorney cost? We are only paid if your workers' compensation case is successful. A judge will determine the amount of attorneys fees owed at the conclusion of your case, but are typically 15% of your claim settlement or award. The fee may be greater if your claim is more complicated. If your claim is unsuccessful, you will not owe your workers' compensation attorney any money. When do I have to pay a workers' compensation attorney? You will never have to pay your workers' compensation attorney anything. All attorneys fees are subtracted from your compensation package at the conclusion of your claim. Do I have to pay to pursue a third party personal injury claim? In almost all circumstances where you may have the right to recover from a third party, such as a motor vehicle accident, the Law Offices of Scott Warmuth pursues third party personal injury claims after a work injury on a no recovery, no fee policy.  Similar to a workers' compensation claim, all fees are paid from your settlement at the conclusion of the case. I have other questions. The Law Offices of Scott Warmuth is available to answer any questions your may have about benefits or costs associated with a workers' compensation claim. If you've been injured at work, we can help you pursue all of the benefits owed to you under the law. Call us today at 888-517-9888 to receive a free consultation![/vc_column_text][/vc_column][/vc_row]
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Coming Soon – The San Gabriel Valley Master Key Podcast

Topics: From Our Office

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[vc_row][vc_column][vc_column_text]Attorney Scott Warmuth will be co-hosting this new, weekly podcast beginning October 2020!  San Gabriel Valley Master Key will feature interviews with interesting San Gabriel Valley residents and workers.  We will provide everyone with more information as the podcast launch approaches.  Please watch our trailer and stay tuned![/vc_column_text][vc_video link="https://youtu.be/7NLWn5QEnYg" el_width="70" align="center" el_class="hidden-mobile"][vc_video link="https://youtu.be/7NLWn5QEnYg" align="center" el_class="hidden show-mobile"][/vc_column][/vc_row]
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Prop 213 – Why You Need Liability Car Insurance

Topics: Auto Accident

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[vc_row][vc_column][vc_column_text]The Personal Responsibility Act of 1996, more commonly known as Proposition 213, was a ballot proposition in 1996 that would prevent certain drivers from recovering financial damages in the result of a car crash.  The proposition passed easily and has been California law since its passage.  Prop 213 prevents the recovery of all damages for convicted felons who were injured either during the commission of the felony or fleeing after the commission of a felony, prevents the recovery of non-economic damages for any driver convicted of driving under the influence (DUI) after the fact, and prevents the recovery of non-economic damages for uninsured drivers.  Uninsured drivers injured as the result of a collision with a driver convicted of DUI after the fact are exempt. In layman's terms, uninsured or drunk drivers cannot sue whoever causes a car crash for pain and suffering and other non-economic damages, dramatically reducing any possible financial recovery in a personal injury case.  Under Prop 213, uninsured and drunk drivers who are not at fault can only recover damages for medical bills, lost wages, and property damage.  Uninsured and drunk drivers cannot receive financial compensation for the pain and suffering experienced in the accident or during medical recovery, any potential disfigurement (scars, amputations, etc.) as the result of the crash, any embarrassment or humiliation suffered resulting from disfigurement, or for any reduction in quality of life. Prop 213 passed with 76.83 percent of voters in favor.  According to research, Prop 213 reduced car insurance rates for drivers purchasing bodily injury and uninsured motorist coverage in the years after its enactment. Car accidents can be dramatically life changing.  Car insurance is a safety net for the victims of car accidents.  Prop 213 cuts some holes into that net that can only be patched by carrying liability insurance and not driving under the influence of drugs or alcohol.  Car accident attorneys help the victims of car accidents seek medical treatment with no out of pocket expenses and receive the financial compensation they are owed.  The Law Offices of Scott Warmuth strongly urges all drivers in California to carry at least the legally required minimum liability policy ($15,000/$30,000) to ensure you are protected if someone else crashes into you.  Should the worst happen, our attorneys can help you recover physically, emotionally, and financially.  Call us today at 888-517-9888 to receive a free legal consultation.[/vc_column_text][/vc_column][/vc_row]
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Whiplash

Topics: Auto Accident

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[vc_row][vc_column][vc_column_text]Whiplash is a hidden, sometimes delayed neck injury that occurs frequently in rear-end car crashes.  Whiplash occurs when the head is jostled back and forth suddenly, placing a strain on the neck.  What is dangerous about whiplash as a car accident injury is that it may take several hours or even days before symptoms develop.  By the time the injury becomes apparent, car crash victims suffering from whiplash may have already told an insurance company that they did not experience an injury in the collision.  Insurance companies may use this as an excuse to deny an injury claim. Why could the onset of whiplash symptoms be delayed?  For a few reasons.  The main reason is adrenaline rush.  Adrenaline is a hormone that is released in a stressful situation, triggering what is sometimes called the "fight-or-flight" response.   Adrenaline will reduce the body's ability to feel pain, for the purpose of allowing it to keep fighting or fleeing whatever is causing the stress.  Car crashes may only last seconds, but the effects of adrenaline can last for hours, leaving victims in a state of shock and unable to notice some injuries, especially invisible soft tissue injuries.  Symptoms of whiplash can include neck pain, stiffness, reduced range of motion, headaches, fatigue, dizziness, and difficulty sleeping. Whiplash is the result of car crash physics.  Newton's first law of motion, sometimes called the law of inertia, explains the phenomenon well.  An object at rest will stay at rest and an object in motion will stay in motion with the same speed and in the same direction unless an outside force acts upon the object.  In a car crash, your car (and by extension, you) is the object and the outside force is the car rear-ending you.  A sudden jolt, even at low speeds, will move your entire body forward quickly.  If you are wearing your seat belt, your body is being restrained.  Your neck, however, is not.  This causes your neck to snap back and forth in a way it is not meant to, causing potential damage to muscles, ligaments, discs, and vertebrae.  The larger the force, the greater potential for injury.  To be clear though, if you were not wearing a seat belt, you might suffer a milder whiplash injury but are likely to suffer overall greater injury when your head and body slam into your steering wheel.  Always wear a seat belt when you are traveling in a vehicle. If you think you have suffered whiplash after a rear-end collision, it is important to see a doctor as soon as possible to receive a proper diagnosis and begin treatment.  The personal injury attorneys at the Law Offices of Scott Warmuth can help you find a doctor who will examine and treat your whiplash with no out-of-pocket costs.  Our team of car accident professionals can help you pursue an injury claim, even if you prematurely told an insurance company that you were not injured.  Time, however, is of the essence.  The longer you wait to contact an attorney and begin medical treatment for whiplash, the less likely it becomes that the insurance company will accept your claim.  Speak with an auto accident expert today - call 888-517-9888 to receive a free injury consultation![/vc_column_text][/vc_column][/vc_row]
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USCIS Issues Memorandum – No New DACA Applications Will Be Considered

Topics: Immigration

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[vc_row][vc_column][vc_column_text]In a widely expected, though still shocking, move the Department of Homeland Security (DHS) and United States Citizenship and Immigration Services (USCIS) confirmed in a memorandum that it will automatically reject new applications for the Deferred Action for Childhood Arrivals (DACA) program and cut the deferment period from two years to one year.  Taking these actions would appear to be in violation of the Supreme Court ruling on DACA and a federal court ruling demanding USCIS restore DACA policy.  It is unclear if Dreamers who would have recently become eligible to apply for DACA for the first time have any options to do so right now. DACA rules have been in flux since the Trump administration first attempted to rescind the policy in 2017.  First, there was the initial fallout of the policy, followed by a lengthy court battle.  USCIS failing to reopen the application process and shortening the deferral period is likely to trigger another court battle, the result of which would be very uncertain.  Even after several courts have ordered DHS and USCIS to administer the DACA program as it was before the 2017 attempt to end the program it is refusing to do so.  The DACA program faces an uncertain future; the survival or death of the program likely rests on the outcome of the 2020 U.S. presidential election. See the DACA update from USCIS here. The Law Offices of Scott Warmuth has been helping immigrants to the United States since 1984.  We continuously monitor for any possible changes to immigration law that could affect the outcomes of our clients' immigration cases.  Should the DACA program be reopened for new applications, we can help eligible Dreamers pursue their application successfully.  For a free immigration consultation, call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
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USCIS Drastically Increases Immigration, Naturalization Fees Effective October 2

Topics: Immigration

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[vc_row][vc_column][vc_column_text]The Department of Homeland Security (DHS) finalized a new rule increasing fees and eliminating fee waivers for many immigration-related services performed by United States Citizenship and Immigration Services (USCIS).  The new fee structure will take effect October 2.  The increased costs of immigration-related services are across the board, affecting non-immigrants seeking work visas, business seeking to hire foreign workers, asylum seekers, immigrants seeking permanent residency, and green card holders seeking citizenship.  USCIS says the increased fees and reduced fee waivers are necessary to maintain and recover operational costs. There are many notable fee increases. The I-129 Petition for a Nonimmigrant Worker form is used for nonimmigrant visas, including the H-1B and L-1 visas.  Currently, all visas covered by the I-129 form are $460, but the new rule changes the cost of the application based on the type of visa being sought.  The new fee for filing for an H-1B visa will be $555, an increase of 21 percent and the new fee for the L-1 visa will be $805, a 75 percent increase.  Other work visas covered by the I-129 form will see an average fee increase of about 50 percent, with most increasing to $695.  This includes the E, H-3, O ($705), P, Q, R, and TN visas.  The I-765 Application for Employment Authorization used for Optional Practical Training (OPT) will be $550, a 34 percent increase. Asylum seekers face brand new fees, including a $50 free to apply for asylum in the United States.  Previously, there had not been a cost associated with an asylum application.  Charging an application fee for asylum is incredibly rare around the world; the U.S. will be only the fourth country to have a fee associated with asylum, joining Australia, Fiji, and Iran.  Asylum seekers seeking work authorization will now also face a brand new $490 fee.  Seeking an Employment Authorization Document (EAD) was previously free. The cost of naturalization is also skyrocketing.  The N-400 Application for Naturalization is increasing 81 percent, from $640 to $1,160.  Paper filings will now also cost an additional $10 on top of that fee.  Other naturalization services are seeing some fees increase by up to 383 percent. See the full rule change here (PDF). Between the fee increases and the elimination of most fee waivers, immigration expenses are about to increase on October 2.  If you or your family member is planning on seeking immigration services in the near future, it would be best to be prepared.  The Law Offices of Scott Warmuth has been helping people meet their immigration goals for more than 35 years.  We offer free initial consultations, so call us today at 888-517-9888 to speak with an immigration expert![/vc_column_text][/vc_column][/vc_row]
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New H-1B, L-1 Visa Guidelines Ease Certain Restrictions

Topics: Immigration

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[vc_row][vc_column][vc_column_text]This week, the Trump administration has relaxed certain restrictions to its temporary suspension of foreign worker visa holders from entering the U.S.  The new guidelines allow for many work visa holders and their families who were previously barred from entering the United States to now do so.  The suspension of foreign work visas was initially announced in a proclamation on June 22 and was quickly challenged in court.  The easing of restrictions in the newest guidance is not likely to end the litigation. See the update announcement here. The June proclamation did not affect any work visa holders who were in the country at the time.    Non-exempt workers who were outside of the country at the effective date of the proclamation, June 24, are still not permitted to enter the country until the expiration of the guidance, currently set for December 31, 2020.  It is unknown if the administration plans to extend this expiration date. The new August 12 proclamation expands the classification of people considered exempt from the ban.  Most healthcare workers, healthcare researchers, workers who would benefit the U.S. economy, and workers who are returning to a job they previously held are now permitted to enter the country on a work visa.  The biggest change in the updated proclamation is that workers returning to a position can now do so. Immigration law continues to be in flux and will likely be for the at least the next several months.  The Law Offices of Scott Warmuth works with foreign nationals seeking work visas and U.S. companies seeking to bolster their workforce.  Whether it's an H-1B visa, L-1 visa, or any other type of work visa, our immigration attorneys can help.  We offer free consultations at 888-517-9888.  Speak with an immigration expert today![/vc_column_text][/vc_column][/vc_row]