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Common Questions in Workers’ Comp Cases – Part 1 – Disability

Topics: Workers' Compensation

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[vc_row][vc_column][vc_column_text]What is temporary disability (TD)? Temporary disability is a workers' compensation benefit that offers short term financial help to injured workers.  If a worker is hospitalized or misses a minimum of three days of work, he or she may be eligible to collect TD benefits.  Benefit availability is dependent on whether or not an employer can offer the injured worker accommodations without reducing pay. When will I receive temporary disability payments? Usually, an employer or insurer will require medical verification of your disability.  TD benefit payments as soon as they receive written verification of the disability.  It may take longer to receive benefits if an insurance company disputes the validity of a TD claim.  A workers' compensation attorney will work towards settling this dispute and ensuring the client receives benefits as soon as possible. How much money does temporary disability benefits provide? TD benefits pay 2/3 of the wages lost as the result of the injury.  In 2020, the maximum benefit amount is $1,299.43. How long do temporary disability benefits last? TD benefits will stop when your return to work willingly or your treating doctor releases you for work or declares you P&S.  Benefits can last up to a maximum of 104 weeks within a period of five years from your date of injury. What is permanent disability (PD)? Permanent disability is a program to compensate injured workers if their injury permanently impairs their ability to work.  When medical treatment no longer provides a benefit to an injured worker, doctors will declare the worker as "permanent and stationary" (P&S) and complete a report.  A qualified medical examiner (QME) will examine that report to determine a disability rating.  If the disability rating is higher than 0, the worker is considered permanently disabled and is eligible to receive PD benefits. When will I receive permanent disability payments? Permanent disability payments will only begin once temporary disability benefits have been exhausted.  Injured workers will only receive PD benefits being declared permanent disabled by a QME. How much money does permanent disability benefits provide? PD benefits are 2/3 of an injured worker's average weekly earnings, but are $160 per week at minimum and $290 per week at maximum. How long do permanent disability benefits last? The length of benefits is determined by your disability rating.  The higher the disability rating, the longer that benefits are provided.  Disability ratings greater than 70 percent receive benefits for life. Do I need an attorney? Do you have unanswered questions after suffering a work injury?  Your employer and claims manager may not be willing to answer them, but we are here to help!  The Law Offices of Scott Warmuth provides legal assistance to injured workers.  If you or a loved one has been injured on the job, you may be entitled to certain benefits, including medical treatment and disability payments.  Speak with a workers' compensation expert today by calling 888-517-9888![/vc_column_text][/vc_column][/vc_row]
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The Advantages of Hiring a Criminal Defense Attorney

Topics: Criminal Defense

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[vc_row][vc_column][vc_column_text]Every criminal defendant in the United States has the right to an attorney.  Defendants who choose not to hire a dedicated, private criminal defense attorney will have a public defender assigned to them by the court system.  Public defenders typically have extremely high case loads and are unable to devote a significant amount of time to any particular case, which can lead to mistakes.  Another consequence of the high case load is that public defenders may seek to conclude cases as quickly as possible, which may not be the best action for any given defendant. For these reasons, and more, it is in the best interest of any criminal defendant to seek out a private criminal defense attorney to handle their case.  Private defense attorneys offer several large advantages to criminal defendants seeking the best possible outcome to their case.  The most important advantage is time.  Defense attorneys can meet with each client, one on one, to better understand the circumstances of the situation.  This one on one time can be invaluable, helping the attorney discover information that can be used to defend their clients. Greater access to an attorney means greater access to legal knowledge.  A criminal defense attorney can help defendants understand the the charges against them and how best to approach their unique case.  Clients with an experienced private defense lawyer will be kept informed of any developments in their case and will have an advocate on their side to ensure that they are not taken advantage of by overzealous prosecutors.  The reputation of a criminal defense attorney is very important, so clients can expect to be treated with dignity and respect.  If you have a question about your case, your attorney will gladly answer it. Overall, the biggest advantage of hiring a private criminal defense attorney is the peace of mind knowing that an advocate is fighting on your behalf for the best possible outcome to your situation.  If you or a loved one is facing criminal charges, the Law Offices of Scott Warmuth provides robust criminal defense legal services to its clients.  Call us today at 888-517-9888 to receive a free consultation.   [/vc_column_text][/vc_column][/vc_row]
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Debt Relief Without Bankruptcy

Topics: Debt Relief

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[vc_row][vc_column][vc_column_text]Financial problems can surface in unexpected manners, such as the onset of an unexpected global pandemic.  Many businesses were suddenly forced to close, resulting in millions of people losing their jobs in recent months.  Unexpected medical bills, unemployment, missed mortgage or rent payments; the ultimate financial fallout from the novel coronavirus outbreak still remains to be seen.  What has already been seen is that many families are struggling under extensive and unmanageable levels of debt.  There are many legal options for these families to escape that debt. While filing for Chapter 7 bankruptcy is an option, many people want to avoid the negative consequences of such an action.  For people who want to escape their unmanageable debt with relatively few consequences, debt consolidation is a practical option to consider.  Debt consolidation is just what it sounds like: the consolidation, or combining, of all of your smaller debts into one larger debt.  Debt consolidation does not actually erase your debt, leaving some people to wonder why it's worth doing.  Instead, the process allows you to escape your debt by reducing the overall interest levels of your outstanding debt. For example, let's say you have 5 credit cards, each with a current balance of $5,000.  These credit cards all have an annual percentage rate (APR) of 20%.  If you make a $100 payment to each credit card every month, it will take over 9 years to eliminate the balances.  You will have paid $5,840.10 extra for each credit card.  And that's assuming you make no additional charges to any of these cards!  Now, let's say you consolidated this debt into one loan with an APR of 10%.  Instead of five $100 payments, you're now making one $500 payment monthly.  With these terms, it will now take only five years and five months to eliminate your debt, with only $7,474.45 in total interest.  This would save you $21,726 in interest payments alone. Every individual's situation is unique, but the goal of debt consolidation remains the same: reduce the time it takes to pay off your debt and pay less in interest costs.  The terms of debt consolidation loans can vary dramatically based on the level of debt and the applicant's credit history.  That's why it's important to have a dedicated debt consolidation law firm help you throughout the process.  A bankruptcy and debt attorney can tell you if debt consolidation is the best action you can take to escape your debt.  The Law Offices of Scott Warmuth provides free consultations to anyone interested in reducing their debt obligations through consolidation, negotiation, or bankruptcy.  Call us today at 888-517-9888![/vc_column_text][/vc_column][/vc_row]
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U.S. Highways See Increased Fatality Rate During Lockdown

Topics: Auto Accident, Covid-19

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[vc_row][vc_column][vc_column_text]The Law Offices of Scott Warmuth has previously blogged about the risk of more destructive car accidents becoming possible during the coronavirus outbreak.  New preliminary data from the National Safety Council has confirmed that fatal crashes became much more prevalent nationally in March, just as states began implementing stay at home orders.  The data show that the fatality rate per mile driven was 14 percent higher in March 2020 when compared to March 2019.  Excess speeding and reckless driving is likely to blame for the increase.  Overall fatalities were down due to fewer drivers on the roads. The National Safety Council expects the increased fatality rate to persist, even as states begin to open up more and more for business.  Memorial Day weekend is usually one of the deadliest times to be on the roads, but could see fewer overall fatalities due to many people deciding against traveling.  It remains to be seen whether or not the overall risk remains the same as a more normal year.  In 2019, AAA estimated 43 million Americans would travel over the holiday.  This year, AAA couldn't even provide an estimate due to the unique circumstances, but did predict that fewer people would travel this year.  The National Safety Council estimates the fewest amount of Memorial Day traffic fatalities since 2014. If you are traveling this Memorial Day weekend, be extra vigilant.  Fewer vehicles on the road does not mean fewer risks!  Please resist the urge to speed excessively, drive recklessly, or drive under the influence of drugs or alcohol.  The Law Offices of Scott Warmuth wishes everyone a safe and healthy Memorial Day weekend! The Law Offices of Scott Warmuth provides legal help to the victims of car accidents and other personal injuries.  If you've been injured through no fault of your own, call out experienced injury attorneys today at 888-517-9888 to receive a free legal consultation.[/vc_column_text][/vc_column][/vc_row]
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USCIS Offices Reopening June 4th

Topics: Covid-19, Immigration

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[vc_row][vc_column][vc_column_text]United States Citizenship and Immigration Services (USCIS) offices have been closed since March 18 due to the Covid-19 global pandemic.  This action resulted in the suspension of in-person services at field offices, asylum offices, and application support centers.  While unavoidable, the action has placed several immigration actions on temporary hold as a precaution against the spread of the novel coronavirus.  USCIS has announced that it is preparing to reopen its offices on June 4. Anyone who had an scheduled appointment between March 18 and June 4 will have to reschedule the appointment.  For some services, rescheduling will happen automatically, but in others they will not.  Immigration services affected by the closure have included in-person green card interviews, in-person naturalization interviews, naturalization and citizenship ceremonies, biometrics appointments, asylum interviews, and more. See the full announcement here. Immigration attorneys at the Law Offices of Scott Warmuth will be helping its clients reschedule necessary appointments upon the reopening of USCIS field offices.  For immigrants who have not yet retained the help of an experienced immigration law firm, our team is ready to help you.  Hiring an immigration lawyer can eliminate many obstacles and make the immigration process much less stressful.  For a free immigration consultation, call our offices today at 888-517-9888.  We can help you meet your immigration goals.[/vc_column_text][/vc_column][/vc_row]
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Does My Company Have Business Interruption Insurance Coverage?

Topics: Business Interruption Insurance, Covid-19

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[vc_row][vc_column][vc_column_text]Business interruption insurance is sold as a safety net for businesses in case they are forced to stop normal operations, resulting in lost business, revenue, and profits.  Safer at Home policies have shut the doors of countless businesses during the Covid-19 pandemic.  Business affected by forced closure or drastic change in operations can pursue insurance claims under business interruption insurance.  Many businesses may not even be aware if they have this type of insurance coverage.  While business liability insurance is often required, business interruption insurance is not.  It's important to review all of your insurance documents to see if you have purchased business interruption insurance without even realizing it. How is it possible to have purchased an insurance coverage without knowing about it?  Business interruption insurance is sometimes bundled with other coverage, including the more utilized Business Owner's Policy (BOP).  In addition to business liability and commercial property, BOPs often include business interruption coverage.  If you have struggled during the coronavirus pandemic and have purchased any type of business insurance, it is important to look over your policies.  If you see any of the following terms in your declarations, you may be able to file a claim:
  • All risk
  • Business disruption
  • Business interruption
  • Civil authority
  • Contingent business interruption
  • Extra expense
  • Loss of ingress or egress
  • Open perils
If you have any of these declarations and have already filed a claim that was denied, you may be able to fight the denial in court.  The Law Offices of Scott Warmuth provides help to companies whose valid business interruption insurance claims have been unfairly denied.  We hold insurance companies accountable when they wrongly deny valid claims.  Our legal experts can help you examine your business interruption insurance policy and determine if you have a valid claim.  Call us today at 888-517-9888 to schedule a free consultation.[/vc_column_text][/vc_column][/vc_row]
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Workers on Temporary Visas Unlikely to Receive Reprieve

Topics: Covid-19, Immigration

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[vc_row][vc_column][vc_column_text]Coronavirus-related job losses in the U.S. have been severe.  Millions of people have been let go, furloughed, or laid off in just a couple of months.  Foreign workers on non-immigrant visas, including the popular H-1B visa, have not been spared.  After losing a job, Americans have the ability to collect unemployment benefits and search for any new position at a pace that suits them.  Foreign workers on temporary visas do not have that luxury.  H-1B visa holders, for example, must find a comparable position to the one they lost within 60 days or leave the country, all without the safety net of unemployment benefits.  The U.S. government is not expected to offer a reprieve to affected individuals. Further limitations on non-immigrant work visas are expected in the near future, including the potential elimination of work eligibility after foreign students graduate from U.S. colleges and universities.  The elimination of the Optional Practical Training program could force hundreds of thousands of American-educated college graduates to return to their home countries.  Some republican senators have called for the suspension of all guest worker visas in light of the unemployment situation in the country.  Many economists predict a very slow economic and jobs recovery. See the full news story here. If you are a foreign national working in the U.S. on a temporary visa, have lost a job, and wish to remain in the country legally, it's imperative to speak with an immigration attorney right away to explore possible options.  We do not know what the future may hold for immigration laws over the next few months; it is important to be prepared for possible negative outcomes.  The Law Offices of Scott Warmuth can help you find potential avenues to remain in the United States legally.  Call us at 888-517-9888 today to speak with an immigration expert.  All initial consultations are free.[/vc_column_text][/vc_column][/vc_row]
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California Workers’ Compensation Benefits will Cover Contracting Covid-19

Topics: Covid-19, Workers' Compensation

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[vc_row][vc_column][vc_column_text]California Governor Gavin Newsom announced yesterday that seeking workers' compensation benefits after a Covid-19 diagnosis will become much easier for workers across the state.  An executive order was signed stating that any worker who tests positive for Covid-19 or was diagnosed with Covid-19 and confirmed with a positive test within 14 days of working at a place of work will be eligible for worker's compensation.  We blogged earlier about how difficult it might be to prove that a worker contracted the coronavirus at work; this executive order removes that roadblock.  Regardless of circumstances, it will now automatically be assumed that the coronavirus was contracted at work in California. The executive order will only last for 60 days but is also retroactive to the implementation of the Safer at Home order on March 19.  The full text of the executive order can be found here. This is great news for essential workers because the order also removes the burden of proving that they caught the illness while working.  If workers feel under the weather or are exhibiting any symptoms of Covid-19, it's imperative that they avoid going in to work.  Working while ill could spread the disease even further.  The executive order comes as California begins to allow some non-essential businesses to open with restrictions.  Workers' compensation allows injured or workers testing positive for Covid-19 to seek medical treatment and pursue temporary disability benefits should complications from the disease arise. The Law Offices of Scott Warmuth helps injured workers pursue benefits under the workers' compensation system.  If you believe you qualify for workers' comp benefits under the new executive order, we can help you.  Call us today at 888-517-9888 for a free consultation.[/vc_column_text][/vc_column][/vc_row]
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Speeding Tickets Citing 100+ MPH Surge in California

Topics: Auto Accident, Covid-19

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[vc_row][vc_column][vc_column_text]Empty California highways have led to a spike in speeding tickets issued for driving in excess of 100 mph.  According to the California Highway Patrol (CHP), in the month after Safer at Home was enacted, nearly 87 percent more drivers were cited for excessive speeding.  Traffic levels during Safer at Home are estimated to have dropped around 35% compared to last year.  Some drivers have seen the open freeways as an invitation to drive faster.  Crashes that occur at excessive speeds can result in serious injuries and can be fatal. See the full news story here. As drivers, we're forced to share the roads with others.  If even one person begins driving extremely fast, everyone else on the road is placed at risk.  This fact was highlighted by many electronic highway signs installed across the freeway system, imploring drivers to not speed.  The 2,493 speeders issued tickets during the first month of Safer at Home face fines up to $500 and the possible suspension of their driving privileges.  They could also be charged with reckless driving, a misdemeanor. Drivers have a responsibility to other drivers to remain safe on the roads, though we know that not every driver will meet this challenge.  We encourage all drivers to carry insurance, keep your vehicle properly maintained, drive defensively, and avoid distracted driving.  If you or a loved one has been injured in a collision with an irresponsible driver, our law firm can help you.  We can help you receive medical treatment, fix your car, recover lost wages, and seek compensation for your pain and suffering.  Speak with a car accident expert.  Call the Law Offices of Scott Warmuth today at 888-517-9888 for a free consultation.[/vc_column_text][/vc_column][/vc_row]
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The Differences between Chapter 7 and Chapter 13 Bankruptcy

Topics: Debt Relief

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[vc_row][vc_column][vc_column_text]For most individuals who are severely in debt and considering bankruptcy, there are two options to choose from: Chapter 7 and Chapter 13.  These names refer to their specific place in U.S. legal code, but do have proper names under the law.  Chapter 7 refers to liquidation while Chapter 13 refers to adjustment of debts of an individual with regular income.  More commonly, Chapter 7 bankruptcy is commonly referred to as a "straight bankruptcy" or "liquidation bankruptcy".  Chapter 13 is commonly called the "wage earner's bankruptcy".  The differences between the two types of personal bankruptcy are important for people looking for a fresh financial start. Chapter 7 is the most common type of bankruptcy.  Liquidation bankruptcy does exactly what it says, liquidizing assets and using those funds to repay creditors.  As the goal of bankruptcy is to allow a person in debt to start over with a fresh financial future, several types of assets are considered exempt.  It would defeat the purpose of a bankruptcy if it stopped the person in debt from earning a living, so things such as wages, home equity, cars or trucks, tools of the trade, and more are protected from liquidation.  And even better, most straight bankruptcies resolve without the loss of any assets whatsoever.  However, there are also limitations as to what type of debt can be erased.  Student loans, income taxes, and child support are among the types of debt that will remain after a Chapter 7 bankruptcy, as does the risk of home foreclosure.  People in debt considering a Chapter 7 filing must meet a means test. Chapter 13 is different in that it requires debt repayment, but no assets are at risk.  A wage earner's bankruptcy is, as the name implies, for individuals with a regular income who do not qualify for Chapter 7.  Eligibility for Chapter 13 bankruptcy is determined on the amount of debt an individual has.  If debt levels are beneath the limits, a debt repayment plan is created for the applicant.  In most cases, the person in debt will make payments for three to five years.  Once the repayment plan has finished, the remaining negotiated debts will be discharged.  A Chapter 13 filing will stop any foreclosure proceedings and protect the applicant from foreclosure as long as currently due mortgage payments are made. There are many more subtle differences between these two types of personal bankruptcy.  A bankruptcy attorney can help explain the differences to you and pursue the debt relief option most suitable for your personal financial situation.  The Law Offices of Scott Warmuth provides free consultations to people seeking a new financial path forward.  Call us today at 888-517-9888![/vc_column_text][/vc_column][/vc_row]