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Common Questions in Workers’ Comp Cases – Part 3 – Depositions

Topics: Workers' Compensation

Aug 12th, 2020

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[vc_row][vc_column][vc_column_text]What is a deposition? A deposition is a pretrial legal process where attorneys ask witnesses questions under oath in the presence of a court reporter. In the context of a workers' compensation claim, legal counsel for the insurance company or the employer will ask relevant questions of the injured worker. How long does a deposition take? The length of a workers' compensation deposition will depend on the extent of your injuries and medical treatment. Most work injury depositions will last about one to two hours, but could last longer. Who will be present in the deposition? At a minimum, the people attending the deposition will include a court reporter, attorney for the insurance company or employer, the injured worker, the injured workers' attorney if the injured worker has retained the services of a workers' compensation law firm, and occasionally an employer representative. Potential witnesses and attorneys representing other affected party's interests may also be present, but a judge is present only if the Board orders the deposition to be completed before a judge, which is rare. How should I prepare for a deposition? Prior to any deposition, you should meet with your attorney. Your attorney will provide advice and guidance to some of the questions that could be asked in your deposition. In general, you should be familiar with the facts of your claim, including the circumstances that led to your injury and the medical treatment you have received so far. You should not review any documents to prepare for your deposition unless you are advised by your attorney to do so. What questions might be asked? Attorneys are given wide latitude by law to ask deposition questions. They may include any matter that is relevant to your case we well, as well as matters which may reasonably lead the attorney to relevant information. Generally speaking, the attorney will typically ask questions about your employment background, your medical and accident or injury history, about the injuries involved in the current claim, medical treatment received, time lost from work, the level of your pain and discomfort, and your limitations, if any, in activities due to your injuries. Your attorney may object to questions the attorney deems improper in order to preserve your rights at trial, but generally speaking you may answer the question after your attorney raises the objection as long as your attorney has not instructed you against answering the question. How should I answer those questions? Truthfully, to the best of your ability, and in as few words as possible. Even if answering a question truthfully seems like it would hurt your case, you are required by law to testify in a truthful manner. Providing false information during a deposition could lead to a criminal prosecution for perjury and insurance fraud, both felonies. Do not feel that you have to explain or justify your truthful answer; often a simple "yes' or "no" will suffice. If you do not know the answer to a question, say so. Try to avoid answering any questions by guessing. Your attorney will provide further guidance during your deposition preparation. Am I reimbursed for travel expenses? Yes. If the insurance company or employer requests a deposition, they are responsible for paying your travel expenses, including transportation costs, meals, and lodging. They are also responsible for any wages lost as the result of your attendance. What if I don't have an attorney? Opposing attorneys are asking you questions with the specific goal of reducing your workers' compensation benefits. They may ask questions designed to confuse you or ask leading questions designed to elicit information damaging to your case. Hiring a workers' compensation law firm is the best way to ensure your legal rights are being protected in a deposition. The Law Offices of Scott Warmuth helps injured workers obtain the benefits they are entitled to. For a free consultation, call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]

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Common Car Accident Scams and How to Fight Them

Topics: Auto Accident

Aug 07th, 2020

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[vc_row][vc_column][vc_column_text]It may seem like something out of a network TV drama, but car insurance scams are very real: con artists will in fact crash another vehicle into yours, solely for the purpose of faking an injury and collecting insurance money. These instances of fraud are known as "staged accidents". A staged accident has the potential to leave you injured, with a damaged vehicle, and with more expensive insurance premiums. Knowing what some of the most common car crash scams are, and how to avoid them, can help protect you and your family. The Swoop and Squat Also called a forced rear-ending scam, the swoop and squat is an attempt to crash the front of your vehicle into the back of the scammers' vehicle. The scammer will be driving next to you before swerving in to your lane and slamming on the brakes. If you're unable to stop in time, you will smash into the back of the scammer's vehicle. The dangers of such a scam are obvious; the scammer is willfully causing a car crash, putting everyone involved at risk of serious injury. The scam often works because in most circumstances, rear-end collisions are the fault of the trailing vehicle. The scammer may claim an injury even if the resulting collision was minor. You can avoid this scam by scanning ahead for traffic and leaving plenty of room for vehicles, allowing yourself to come to a quick stop. Installing a dash cam could also provide evidence of the scammers' intent. The Drive Down Also called a staged accident, the drive down occurs when a driver who has the right of way waves you ahead. When you take advantage of the seemingly nice offer to merge, proceed into traffic, or claim that parking spot, the scammer slams into your vehicle on purpose. When the police arrive, the scammer will deny having waved at you to go ahead, leaving you at fault for the collision. And again, even if the collision is minor, the scammer may attempt to file an injury insurance claim against you. This scam can be foiled by always following right of way, even if someone offers a "friendly" wave. In certain drive down scenarios, a dash cam may also catch the scammer imploring you to go ahead, which can be provided as evidence. The Sideswipe Another type of staged accident, the sideswipe occurs when a scammer purposefully slams into your vehicle if you accidentally stray into another lane. This will typically happen at an intersection with two turn lanes, especially if you're turning from the inner lane. Many drivers will inadvertently swing their vehicle too wide when turning from the inner-left turn lane into the left-most driving lane. Scammers take advantage of this, and will strike your vehicle on purpose, placing you at fault for the collision. This will again lead to a likely insurance claim against you. Avoid this scam by being extra vigilant when using dual turn lanes. A dash cam will probably not help you in this case, as the scammer will only hit your vehicle if you are indeed positioned improperly. The Bad Actors This scam typically occurs after a collision has already happened. Also called "shady helpers", bad actors will approach you after the crash in an attempt to provide you with information that may "help", such as an auto body repair shop, doctor, or even an attorney. These people and businesses may be frauds attempting to cash in on your legitimate insurance claim, or even to process a fraudulent insurance claim without you knowing. Avoid this scam by only providing your contact and insurance information to parties relevant to the crash, such as other involved drivers. Contact a Legitimate Attorney If you believe you are not at fault for your collision, contact an experienced car accident law firm. A personal injury attorney can evaluate your situation and tell you if you have any legal options to fight the insurance scammers and clear your driving record. The Law Offices of Scott Warmuth provides free consultations to anyone involved in a car accident. Call us today at 888-517-9888![/vc_column_text][/vc_column][/vc_row]

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Updated Public Charge Rule Put on Hold by Federal Judge

Topics: Covid-19, Immigration

Aug 04th, 2020

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[vc_row][vc_column][vc_column_text]The battle over the Trump administration's public charge rule has taken yet another turn, with a federal judge in New York reissuing a hold on the policy. The new public charge policy is currently in litigation, but the U.S. Supreme Court allowed the updated policy to be adopted and implemented in January. The Trump administration began to apply the new public charge policy in February. But in the new ruling, plaintiffs argued, and the judge agreed, that the novel coronavirus health emergency has rendered the January Supreme Court decision obsolete. Immigrants refusing to enroll in Medicaid because of fears that doing so will label them as public charges post a public health risk. In the original case, the federal judge issued an injunction, preventing the new public charge rule from taking effect while under litigation. The Supreme Court ruling in January lifted that injunction. The same judge reimposed the injunction, citing the effects of the pandemic. United States Citizenship and Immigration Services (USCIS) issued an alert indicating that seeking public assistance and treatment for Covid-19 would be exempted from public charge rules, allowing immigrants to enroll in Medicaid for the sole purpose of treating diseases arising from the coronavirus. Immigrants would be expected to disenroll after treatment. The judge found this to be a burden, also noting that food stamps were not exempted for immigrants who lost jobs due to the outbreak. In a separate ruling, the same judge placed an injunction on a U.S. State Department rule revision that required immigrants to have health insurance, determining that immigrants could meet the requirements by purchasing insurance plans that provide no comprehensive coverage. USCIS has indicated that it will comply with both court rulings. The Trump administration is expected to appeal the rulings. See the full news story here. U.S. immigration law has been changing at a rapid pace. The Law Offices of Scott Warmuth evaluates any and all changes, and potential changes, to the law. Staying up to date on immigration news helps us to better serve our clients. For a free immigration consultation, call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]

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Stop Tailgating!

Topics: Auto Accident

Jul 31st, 2020

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[vc_row][vc_column][vc_column_text]Tailgating, the practice of driving very closely behind another vehicle, is one of the most dangerous driving behaviors one can exhibit. It's also extremely common: about three out of four drivers surveyed had been tailgated at least once in the past 6 months. Tailgating dramatically increases the risk of a rear-end crash because if the leading car has to come to an abrupt stop, the trailing car will have very little time to react to avoid a collision. Rear-end crashes kill thousands of people across the country every year. Keeping a safe distance from the vehicle ahead of you can literally save your life. Many drivers who are tailgating may not be aware of the danger. Experts recommend keeping at least a two second distance between your vehicle and the vehicle in front of you in ideal conditions. If the conditions are not ideal, such as rain, snow, or fog, more distance should be given to the leading vehicle. If the vehicle ahead of you were to slam on its brakes, would you be able to stop safely without hitting that vehicle? If the answer is not "200 percent yes", you're likely traveling too closely. Should you be on the receiving end of a tailgating vehicle, there are certain ways to reduce your risk of being rear-ended. If you're in a position to change lanes safely, doing so will hopefully allow the tailgater to pass your vehicle. If you're not, leave extra space between you and the car in front of you to allow yourself extra time to stop should that vehicle come to an abrupt stop. This extra time will hopefully translate to giving the tailgating vehicle extra time to stop as well, avoiding a collision. Never perform a 'brake check' on tailgating vehicles. This could not only lead to a collision, but a possible road rage incident. There are no winners in a road rage incident. If you have been rear-ended by a tailgating driver and have suffered injury, you may be entitled to financial compensation for medical care, lost wages, vehicle repair, and pain and suffering. An experienced car accident lawyer at the Law Offices of Scott Warmuth can help you protect your legal rights. For a free accident consultation, call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]

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Trump Administration Plans New Attempt to End DACA

Topics: Immigration

Jul 28th, 2020

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[vc_row][vc_column][vc_column_text]The Deferred Action for Childhood Arrivals (DACA) program has been on a roller coaster since the Trump administration attempted to end the program in 2017. Recently, the Supreme Court ruled that the attempts to end DACA were done arbitrarily and capriciously, violating the Administrative Procedure Act. Experts assumed the Supreme Court ruling would open the program to new applicants, but new applications were being rejected, prompting a federal judge to rule that USCIS must begin to accept new DACA applications. New reporting from Reuters today details reports that the Trump administration, rather than opening DACA for new recipients, will review the Supreme Court ruling and begin a new attempt to end the program. The reporting indicates that USCIS will continue to ignore new DACA applications, despite the Supreme Court ruling and federal court order to accept new applications. This will likely invite further legal action from immigrant rights advocates, but it is unknown if it will help. The new action will also reduce the length of a DACA protection renewal from two years to one year. See the full news story here. DACA will continue to exist in some form through the 2020 U.S. election. The fate of the program will likely rest on the outcome of the election. This news story is breaking, so new information may become available. The Law Offices of Scott Warmuth has been helping people live and work legally in the United States since 1984. For a free immigration legal consultation, call us today at 888-517-9888. Our immigration attorneys continue to monitor the situation surrounding DACA.[/vc_column_text][/vc_column][/vc_row]

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OSHA Accused of Failing to Keep Meatpacking Workers Safe

Topics: Covid-19, Workers' Compensation

Jul 23rd, 2020

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[vc_row][vc_column][vc_column_text]A lawsuit filed today accuses the Occupational Safety and Health Administration (OSHA) of failing to meet its mission during the Covid-19 global pandemic. The lawsuit, brought by meatpacking workers in Pennsylvania, claims OSHA failed to protect the workers from what they claimed is a hazardous working environment. Meatpacking plants across the country have been hotbeds of coronavirus outbreaks throughout the crisis. OSHA insists that existing regulations and Covid-19 guidelines are capable of keeping workers safe. Back in May, the meatpacking workers filed a complaint with OSHA against their employer, Maid-Rite Specialty Foods. In this complaint, the workers accused the company of not providing protective gear, creating physical distancing for workers on the processing line, not separating employees who were sick, failing to inform employees who worked closely with infected coworkers, and creating incentives for employees who worked while sick. The new lawsuit accuses OSHA of an inadequate response to the May complaint. After receiving the complaint, OSHA requested that the company investigate and document the concerns and implement corrections, but also made it clear that it would not be inspecting the plant. The new lawsuit alleges that the issues with the original complaint still exist. See the full news story here. Similar lawsuits recently filed against OSHA during the pandemic have been dismissed in court, but the concerns over OSHA and worker safety remain. Workplace safety, especially related to preventing the spread of coronavirus, has come into focus during the pandemic. In California, from May 6 to July 5, any worker who worked on site and was diagnosed with Covid-19 was eligible for workers' compensation benefits. Since the expiration of the order, Covid-19 has continued to spread across the state. It is unknown if the order will be extended or renewed, but the possible lack of workers' compensation related to a Covid-19 diagnosis only highlights further the importance of providing proper worker safety oversight. Any injury that occurs while working in California is eligible for workers' compensation benefits. The Law Offices of Scott Warmuth helps injured workers pursue those benefits. If you've been injured at work, call 888-517-9888 today for a free consultation.[/vc_column_text][/vc_column][/vc_row]

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Judge Rules USCIS Must Accept New DACA Applications

Topics: Immigration

Jul 21st, 2020

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[vc_row][vc_column][vc_column_text]It has been one month since the U.S. Supreme Court unexpectedly ruled that the Trump administration could not immediately end the DACA program. With the ruling, immigration experts and advocates, including the Law Offices of Scott Warmuth, expected the DACA program to reopen in full, again allowing eligible Dreamers to apply for protections. Reporting just last week indicated that new applications were being immediately rejected without consideration, showing disdain for the recent Supreme Court ruling. However, last Friday, a federal judge in Maryland ruled that the Trump administration must begin processing these new applications in good faith. United States Citizenship and Immigration Services (USCIS) claimed that any first-time applications they received were sent rejection notices because of technical errors or because of reasons related to incomplete applications, but many immigration experts were skeptical. Denial notices specifically mentioned that USCIS was not accepting new initial applications. It is estimated that about 300,000 new young immigrants would be eligible to apply for DACA for the first time since the Trump administration attempted to end the program in 2017. It is unknown whether USCIS will follow this district court ruling properly. See the full news story here. The Law Offices of Scott Warmuth helps DACA recipients and young immigrants seeking DACA protections for the first time. We continue to track any potential developments that may affect the DACA program. If you or someone you love is seeking to renew or pursue DACA protections, call our offices today at 888-517-9888 to receive a free consultation.[/vc_column_text][/vc_column][/vc_row]

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Law Offices of Scott Warmuth Purchases Gift Cards to Support Local Community, Businesses

Topics: From Our Office

Jul 17th, 2020

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[vc_row][vc_column][vc_column_text]Some San Gabriel families struggling to put food on the table will benefit from a gift of restaurant gift cards donated by the Law Offices of Scott Warmuth. The novel coronavirus outbreak and resulting pandemic has resulted in severe hardship for many local businesses and individuals throughout the community. An estimated 2.4 million Californians have lost their job during this crisis and many small businesses have struggled. The Law Offices of Scott Warmuth wanted to do something to help and turned to the San Gabriel Chamber of Commerce for guidance. Working with the Chamber, the Law Offices of Scott Warmuth purchased $5,000 worth of gift cards to three local restaurants and donated the gift cards to Asian Youth Center, a local non-profit. AYC will be able to distribute the gift cards to local families struggling with food insecurity. We hope our donation will have a double impact, supporting three local small businesses in San Gabriel and providing food to families in need. Clearman's Galley - 7215 Rosemead Blvd - Clearman's Galley also donated an additional $400 to benefit Asian Youth Center! Stuffed Sandwich - 1145 E. Las Tunas Dr Luna's Mexican Restaurant - 343 S Mission Dr The Law Offices of Scott Warmuth will continue to do its part to support our local community. We provide important, affordable legal services throughout Southern California. For a free legal consultation, call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width="1/2"][vc_single_image image="4312" img_size="full" add_caption="yes" alignment="center"][/vc_column][vc_column width="1/2"][vc_single_image image="4313" img_size="full" add_caption="yes" alignment="center"][/vc_column][/vc_row]

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Student Visa Remote Learning Policy Rescinded

Topics: Immigration

Jul 14th, 2020

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[vc_row][vc_column][vc_column_text]A day after 17 states and the District of Columbia sued to block the Trump administration policy targeting international students, the policy has been rescinded. California, Harvard University, and Massachusetts Institute of Technology had also filed lawsuits targeting the policy. The now-rescinded policy stated that foreign students could not stay in the United States on a student visa if their college or university was providing 100 percent online learning this fall. The defunct policy, announced by Immigration and Customs Enforcement (ICE) last week, was seen as a counterproductive way to limit legal immigration during a global pandemic. It had the potential to affect many of the 1.1 million foreign students currently attending university in the country, but it is not known how the lawsuits against the policy would have ended. The Trump administration received significant push back on this immigration policy as it could have negatively affected so many people without having any perceivable benefits. See the full news story here. Under more normal times, international students are limited to how many online courses they can take, but these limits were temporarily suspended due to the coronavirus outbreak. The limits will now remain suspended for the time being. United States immigration policy remains extremely uncertain. The Law Offices of Scott Warmuth continues to monitor any potential changes in immigration law to better help its clients seeking visas, green cards, and citizenship. For a free immigration consultation, call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]

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Common Questions in Workers’ Comp Cases – Part 2 – Medical Care

Topics: Workers' Compensation

Jul 10th, 2020

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[vc_row][vc_column][vc_column_text]When Can I See a Doctor? After reporting your injury to your supervisor or manager, your employer will have one working day to provide you with a Workers' Compensation Claim Form (DWC-1). Upon completing the DWC-1 and returning it to your employer, you will be authorized to seek up to $10,000 in immediate medical treatment. Can I Choose My Own Doctor? Only in certain circumstances. In most situations, you are not allowed to choose your own doctor in a workers' compensation claim. Instead, you will be assigned a doctor inside your employer's medical provider network (MPN). Choosing your own doctor needs to be done before you are injured, a process known as predesignation. If you are injured without predesignating your preferred doctor, you will need to treat inside the MPN. How Long Can I Receive Medical Treatment? Medical treatment is provided until you make a full recovery or your recovery has advanced to a place where additional treatment will not improve your condition, resulting in permanent disability. Does Workers' Compensation Pay for My Medical Treatment? Until the status of your claim is determined, the insurer is responsible for your medical treatment. If your claim is accepted, the insurer will continue to pay for your treatment. If your claim is denied, the insurer will stop paying for treatment until your case is decided by a judge. You can continue seeking treatment from a doctor who agrees to bill on a medical lien. The cost for treatment will be paid by the insurance company if your appeal is successful. In almost every circumstance, an injured worker is not responsible for his or her medical bills. Is My Employer Entitled to See My Medical Records? Your employer is not allowed to see your medical records, the only exception being information related to the diagnosis of your injury, the treatment of your injury, and information necessary to determine if they can offer you modified work. However, the insurance company will be able to access your medical records for the purpose of approving or denying your workers' compensation claim. Will I Be Compensated for Travel to Medical Appointments? Yes, you are entitled to reimbursement for travel. The mileage rate is set by state law. You will need to keep track of your mileage and parking expenses on a log that will be provided to you. You can submit this log as often as you wish to the claims administrator to receive reimbursement. Will a Workers' Compensation Attorney Help Me? Absolutely. When you retain a workers' compensation law firm to help you with your work injury, any questions you have can be answered by an expert. The Law Offices of Scott Warmuth can help you determine if the medical care you're receiving is right for you and help you switch doctors if it isn't. If you or a loved one has been hurt while working, our team of professionals can help you on your road to physical and financial recovery. Call us at 888-517-9888 today to receive a free consultation.[/vc_column_text][/vc_column][/vc_row]

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