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Uncertainty about Covid-19 and Workplace Liability

Topics: Covid-19, Workers' Compensation

Apr 29th, 2020

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[vc_row][vc_column][vc_column_text]The Covid-19 outbreak has been a shock to the business world and its millions of workers. The U.S. government has so far passed several aid bills totaling trillions of dollars aimed at keeping individuals and businesses afloat during these tumultuous times. Many legislators believe that more aid still needs to be provided to struggling businesses. However, one sensitive topic that may need to be tackled before any new aid package is passed: business liability for workers who become ill with Covid-19. During the length of the outbreak, numerous front-line workers deemed essential have been diagnosed with Covid-19, including healthcare workers, grocery workers, and food processing workers. Right now, even without a law protecting businesses, filing a workers' compensation claim for contracting Covid-19 would be difficult. Workers filing claims would need to prove they contracted the illness at work. Businesses that are following Centers for Disease Control and Prevention (CDC) guidelines on physical distancing, disinfecting surfaces, and providing appropriate personal protective equipment (PPE) may be able to argue successfully that they are not responsible for the infection. As some states begin to lift shutdowns and reopen businesses, sometimes before medical experts say it's safe to do so, the likelihood of being found liable for workers contracting Covid-19 could increase. Businesses are very aware of this, which is why they are lobbying that any future aid package must include protection against lawsuits from workers and customers who may contract the coronavirus on their premises. Indeed, the leader of the U.S. Senate has suggested there is an extreme need to protect businesses from legal liability related to the pandemic. Labor unions suggest this type of action would encourage companies to not provide the appropriate safeguards against the virus. Business groups may realize how awkward a demand this is, as they are emphasizing that the limit on liability would be targeted solely to the Covid-19 pandemic. With news reports of several meat processing plants becoming coronavirus hot spots, possible legislation limiting employer liability could have a significant negative impact on workers. Any legislative action will likely be narrowly focused on Covid-19; all other work injuries will almost certainly still be eligible for workers' compensation benefits. People who suffer injury at work should contact an experienced workers' compensation law firm to help them through their claims. The Law Offices of Scott Warmuth has been helping its clients since 1984. If we don't win your case, our services are free, so call us today at 888-517-9888 for a no-cost consultation.[/vc_column_text][/vc_column][/vc_row]

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Justice Partners: Free Webinar on Business Interruption Insurance Claims This Tuesday

Topics: Events, From Our Office

Apr 24th, 2020

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[vc_row][vc_column][vc_column_text]Justice Partners the Law Offices of Scott Warmuth and Johnston & Hutchinson LLP will be hosting a free Zoom webinar this Tuesday, April 28th at 10 a.m. This informational event is targeted at business owners who may be unfamiliar with their business interruption insurance coverage or may have been denied a business interruption insurance claim. Registration for this webinar is free! For more information or to register for the webinar, please contact Stephanie at 213-542-1978. You can also send an email to reserve your place and request a free insurance policy evaluation.[/vc_column_text][vc_single_image image="4169" img_size="full" alignment="center"][/vc_column][/vc_row]

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Trump Administration Hints at Suspending All U.S. Immigration

Topics: Covid-19, Immigration

Apr 21st, 2020

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** UPDATE 4/21/2020 3:20 p.m.**

The executive order appears to exempt temporary visas, essential workers, and nuclear family members. The temporary pause is expected to last 30 to 90 days. We will update this post as more news becomes available. See the full news update. The Trump administration plans to issue an executive order temporarily banning all immigration to the United States as a response to the Covid-19 pandemic. This action is unprecedented in American history and could affect hundreds of thousands of people seeking work visas and green cards. There is much uncertainty as to the scope of any upcoming executive order. At the time of this posting, United States Citizenship and Immigration Services has not yet published any updates and the Federal Register has not yet been updated to include this executive order. Restricting immigration has long been a goal of the Trump administration, which brings in to question the true motives of an executive order banning immigration. The United States currently has the most coronavirus infections in the world; stopping immigration is not likely to prevent the further spread of Covid-19. However, some experts believe that the current global pandemic would likely be enough legal justification to enact a total immigration shutdown. If the executive order is enacted, it is unknown what forms of immigration would actually be affected and how long the ban might last. The order may also be challenged in court, leading to additional uncertainty. For now, we urge potential immigration applicants to act quickly to consult with our attorneys, as the changes have not officially taken effect as of today’s date. See the full news story here. The Law Offices of Scott Warmuth continuously monitors any possible changes to immigration laws in the United States. We will examine the details of the executive order as they become available. Do you have questions about immigration? Our immigration lawyers have been helping people work and live in the United States since 1984. Call us today at 888-517-9888 to receive a free consultation.[/vc_column_text][/vc_column][/vc_row]

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Teaching Children About Being Arrested

Topics: Criminal Defense

Apr 17th, 2020

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[vc_row][vc_column][vc_column_text]Among the many things parents hope their children never have to go through is being placed under arrest by law enforcement. But if the current national situation has taught us anything, it's best to be prepared for the unexpected. And unfortunately, the possibility of having a child experience a police arrest isn't remote. Studies estimate that 16 to 27 percent of children have been arrested at least once by the time they turn 18. That number jumps to between 25 and 41 percent for young adults under the age of 23. Teaching children and young adults about what steps to take should they find themselves in handcuffs can save them a lot of hassle. There should be no doubt for parents: police can and will arrest your children for minor offenses, and they may not even notify you. Children can be interrogated by the police without a guardian present, without knowing what to do. Teaching children what to do before any of this happens could prevent common criminal defense mishaps. First, it is important to teach your children that if they find themselves under arrest, they should insist that the police contact you and allow them to speak with you. As soon as a parent or guardian is notified, actions can be taken to benefit the detained child. Sometimes though, police will refuse or be unable to get in contact with a parent or guardian. In these circumstances, children should be taught to request an attorney. Requesting an attorney should stop or prevent any police interrogation designed to incriminate. Children placed under arrest may be confused and overwhelmed with the situation and may not know or remember their basic rights. However, with prior teaching, they should be able to remember the simple phrase "I want an attorney". Should your child feel uncertain about anything during an interrogation, they should use that phrase to exercise their legal rights. As soon as a parent becomes aware of their child's situation, an experienced criminal defense attorney should be hired. There are many reasons that hiring a private defense attorney is the best course of action. The Law Offices of Scott Warmuth provides expert legal advice to anyone who has been placed under arrest and faces criminal charges. We offer free consultations, so call us ASAP at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]

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Smoking and Vaping Considered Covid-19 Risk Factor

Topics: Covid-19, Personal Injury

Apr 14th, 2020

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[vc_row][vc_column][vc_column_text]Health officials are warning smokers and vapers that tobacco and vaping products that require inhalation may carry multiple risks during the Covid-19 pandemic. The risks include increased chance to contract Covid-19, increased risk to spread Covid-19 if contracted, and increased risk of developing serious health conditions from Covid-19. All things considered, health experts are urging anyone who uses tobacco or vaping products to quit. Vaping and the use of any tobacco products is already known to be dangerous. Most people are very aware of the links between cigarette smoking and lung cancer, but may be less aware of its links with heart disease, stroke, and other types of cancers. Some people believe that vaping is less dangerous than smoking, but the outbreak of vaping-related lung illness last year brings that belief in to question. The Covid-19 outbreak will further question any possible justification that vaping is "safe". Risks of Contracting Covid-19 Since the outbreak began, health experts have been warning the public against touching one's face. When smoking or vaping, the hand is constantly brought to the face. Whatever germs or pathogens the hand touches will enter the body, including the coronavirus. Smoking has been shown to weaken the immune system, leaving smokers more at risk of infection from the coronavirus. Vaping has not been linked specifically to weakened immune systems, but has been shown to cause inflammation of the lungs, reducing the ability to fight an infection. Animal studies have shown that mice exposed to vaping can more easily be infected from viruses. Risks of Spreading Covid-19 Coughing is a known side effect of smoking, so much so that the term "smoker's cough" is a known condition. Should someone infected with the coronavirus or someone who has developed Covid-19 cough, they risk expelling contagious particles in to the air. The more one coughs, the more one is likely to spread the disease. Risks of Health Complications from Covid-19 A new study has shown that Chinese coronavirus patients who were smokers are over twice as likely to develop severe infections from Covid-19. The biology of the virus itself utilizes a binding receptor called ACE-2; tobacco use is linked with an increase ACE-2 production, leading to speculation that Covid-19 spreads faster throughout the systems of smokers. See the full news article here. Addiction The Justice Partners are currently investigating the links between vaping and addiction. We understand that quitting vape products and cigarettes is difficult enough without the difficulties and stress of physical distancing, but we still encourage everyone to try. If you know anyone who has developed a vaping habit and become injured from vaping use, call 888-517-9888 to speak with a legal expert about possible financial compensation.[/vc_column_text][/vc_column][/vc_row]

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National Dog Bite Prevention Week Begins Sunday

Topics: Personal Injury

Apr 10th, 2020

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[vc_row][vc_column][vc_column_text]Any dog can bite, but nearly every dog bite is preventable. That is the message promoted during National Dog Bite Prevention Week, which begins on April 12. Millions of people are bitten by dogs every year, resulting in hundreds of thousands of emergency room visits and hundreds of deaths. Dogs, pet owners, and everyone else all need to be trained to avoid injuries. Dogs of every breed are capable of biting, not just large or aggressive breeds. One big reason on why we should focus on preventing dog bites: the age range most susceptible to serious dog bite injuries are children under the age of three. Education and awareness can dramatically reduce the risk of being bitten by a dog. Adults should learn these behaviors and teach them to children.

Avoid approaching unfamiliar dogs
If an unfamiliar dog approaches you, avoid making sudden movements and noises - don't run away or attempt to scare off the dog
If an unfamiliar dog knocks you over, continue to avoid making sudden movements and noises - curl into a ball and remain still
If you see an unattended dog behaving unusually, contact authorities
Avoid making eye contact with unfamiliar dogs - it could be perceived as a threat
Do not get between two dogs that are playing or fighting - the dogs may bite you unintentionally
Avoid petting unfamiliar or unattended dogs, especially if they are restrained
Let sleeping dogs lie is an idiom for a reason - startled dogs can attack
Avoid approaching unfamiliar dogs that are eating or nursing

We understand that petting all the dogs is a goal for many people, but everyone must be vigilant to avoid dog bites. Try to pet all the well-behaved dogs who are attended by their masters, who incidentally have also given permission to pet the dog! Speaking of masters, pet owners must take certain steps to train their dogs to prevent them from biting others. Failure to properly train a dog could lead to financial liability in the event of a dog bite.

Spay and neuter your dogs - dogs that are 'fixed' exhibit lower rates of aggression
Avoid rough play, which could encourage dogs to behave aggressively
When adopting a dog or puppy, bond with it before it comes in to contact with younger children
Do not leave your dog chained up outside - 'outside dogs' can have socialization issues and aggressive tendencies
Do not let children play your dog
Do not leave children or infants alone with your dog
Train your dog that growling or baring teeth is bad
If you are struggling to train your dog, enlist the help of a professional dog trainer

Though it is the goal of National Dog Bite Prevention Week to lower the number of dog bites close to zero, dog bites do happen. Except in extreme circumstances, when dog bites occur, the dog's owner is held liable for the injuries of the dog bite victim. The Law Offices of Scott Warmuth has previously posted about what do to if you have bitten by a dog. Our personal injury attorneys can help you seek medical treatment and obtain financial compensation for your dog bite. Call us today at 888-517-9888 to speak with an injury expert.[/vc_column_text][/vc_column][/vc_row]

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2020 (Fiscal Year 2021) H-1B Petition Filing Period Begins

Topics: Immigration

Apr 07th, 2020

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[vc_row][vc_column][vc_column_text]The H-1B lottery for 2020 (Fiscal year 2021) is over and the petition filing period has begun. The random selection process was a little different this year, requiring an electronic registration to be eligible, but not requiring a completed and approved H-1B petition to register. This seems to have led to a spike in numbers and reduced chances of receiving an H-1B. In 2019 (FY 2020), just over 200,000 petitions were received and eligible for the lottery. 2016 (FY 2017) and 2017 (FY 2018) had 233,000 and 236,000 petitions respectively, the highest number of submissions previously seen. 2020 (FY 2021) had almost 275,000 registrations. Fewer than 31 percent of registrants are eligible to file a petition this year. The change in the H-1B application process was implemented to "streamline processing by reducing paperwork and data exchange, and will provide an overall cost savings to petitioning employers". USCIS indicates that they have received positive feedback from the users of the H-1B registration system and has declared the new electronic registration an overall success. USCIS also provided some data. Of the nearly 275,000 registrations, about 126,500 were eligible for the advanced degree exemption. Registrants without advanced degrees had about a 23.6 percent chance of being picked, while registrants with advanced degrees had around a 39.4 percent chance of being picked. There are two phases to the H-1B lottery. In the first phase, 65,000 of the 275,000 total registrations are picked at random, 23.6 percent chance. In the second phase, 20,000 of the registrants who hold advanced degrees but were not chosen in the first phase are picked at random. Assuming 23.6 percent of advanced degree holders were chosen in the first phrase (29,900), the remaining 96,600 advanced degree registrants were eligible for the remaining 20,000 spaces, a 20.7 percent chance. Compounding the two chances together results in a total 39.4 percent overall chance of selection for advanced degree holders. This particular order of drawing lots, everyone and then advanced degreeholders, was implemented last year. Registrants lucky enough to be chosen in the H-1B lottery now have until June 30th to file their H-1B petition. The Law Offices of Scott Warmuth helps H-1B applicants submit their petitions accurately, completely, and on time. We offer free immigration consultations; call us today at 888-517-9888![/vc_column_text][/vc_column][/vc_row]

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FDA Recommends Zantac Pulled Off Market Due to Cancer Risk

Topics: Consumer Law

Apr 03rd, 2020

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[vc_row][vc_column][vc_column_text]The heartburn medication Zantac, and all similar generic medications, were recommended by the Food and Drug Administration (FDA) on Wednesday to be pulled from the market due to increased cancer risk. The FDA guidance requested that manufacturers immediately remove all prescription and over-the-counter drugs containing active ingredient ranitidine from circulation. Last September, the FDA had issued a warning about Zantac and similar drugs, to which many retail outlets reacted by removing Zantac from store shelves, but the action taken by the FDA on Wednesday is more forceful. The action recommends that the manufacturers themselves remove the product from the market completely. The problem with Zantac is that ranitidine breaks down over time, releasing a known cancer-causing contaminant called N-Nitrosodimethylamine, also called NDMA. If you have ever heard of NDMA before, it's likely because of sensationalist news reports that eating bacon and other processed meats can lead to cancer. For comparison, NDMA levels in bacon are about 20 nanograms, but NDMA levels in ranitidine were sometimes found to exceed 300,000 nanograms per tablet. The FDA has a recommended daily intake maximum of 96 nanograms of NDMA per day. The level of NDMA in Zantac seems to increase the longer the product is stored, and increases are larger when stored at higher temperatures. The FDA recommends that consumers stop taking any drug containing ranitidine, including Zantac, specifically mentioning that other competing heartburn medications have not been show to contain NDMA. If you or a loved one has developed cancer while taking Zantac, you may be eligible for compensation. The Law Offices of Scott Warmuth works with a team of experienced and successful product liability attorneys who seek damages from the negligent manufacturers of dangerous drugs. We offer 100% free consultations with no obligation to discuss your potential lawsuit. Call us today at 888-517-9888 to speak with Margaret about your legal case.[/vc_column_text][/vc_column][/vc_row]

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Are Work From Home Injuries Eligible for Workers’ Compensation?

Topics: Covid-19, Workers' Compensation

Mar 31st, 2020

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[vc_row][vc_column][vc_column_text]Many people in the workforce are telecommuting for the first time because of the Covid-19 outbreak and physical distancing policies, including California's Safer at Home. This temporary new normal will mostly affect people whose work duties are considered relatively safe, including computer work and making phone calls. And yet, it's widely known that most accidents happen at home. How does this fact apply when working from home? Are people who are injured while working from home able to file a workers' compensation claim? The answer is yes, in most circumstances. Workers who are working remotely are typically eligible for workers' compensation benefits, but these claims may face additional scrutiny. Every workers' compensation claim is unique, so it's impossible to predict whether or not a specific injury will be accepted or denied, but there are certain circumstances that could result in a denied claim. The injury occurred outside of typical work hours If a workplace usually works from 9 to 5, telecommuters are likely working the same hours. Though a worker may have been sitting at a computer for eight hours, it's not unexpected that the worker may continue to use the computer outside of work hours. There is a better chance of a workers' compensation claim being accepted if your home office chair collapses during work hours than it would if it collapses outside of work hours. However, if an employer does not specify when work from home hours are, it's possible that an employee injured working at 5 a.m. would be eligible. The injured worker, however, may have to prove that he or she was working when the injury happened. The injury occurred outside of a designated working location In addition to setting specific hours for at home workers, employers can also limit physical working locations. If an injury happens at home that is outside of the scope of a designated work location, the injury may not be eligible for workers' compensation benefits. The exact circumstances of the injury will play a large part in determining it is eligible. The injury was caused by something not typically associated with work Workers' compensation claims may take into consideration "frolics and detours," the legal terms for deviating from work duties. Detours are minor deviations from work duty and frolics are major deviations. When working at home, feeding a pet could be considered a detour but taking the same pet on a walk could be considered a frolic. If you slip and fall feeding your pet, you may be able to obtain workers' compensation benefits, but if you're walking your pet you likely won't have a chance to receive benefits. Contact a Workers' Compensation Law Firm If you've been injured while working from home, contact an experienced workers' compensation attorney. The Law Offices of Scott Warmuth provides free consultations to help potential clients determine the best course of action regarding a work injury, even if you were working at home when the injury occurred. Call us today at 888-517-9888 to speak to a workers' comp expert today![/vc_column_text][/vc_column][/vc_row]

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National Insurance Company Denies Disability Benefits, Blames Covid-19

Topics: Covid-19, Workers' Compensation

Mar 27th, 2020

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[vc_row][vc_column][vc_column_text]Today, the Law Offices of Scott Warmuth received a notification letter from a large, national insurance company denying our workers' compensation client temporary disability (TD) benefits because of the Covid-19 pandemic. Our client was on modified work duty while recovering from surgery when the company he worked for closed because of the outbreak. The insurance company is arguing that our client's modified work duty is no longer valid because the company is not currently in operation and is therefore not eligible for any TD benefits. This assertion by the insurance company is outrageous. The insurance company in question has no legal basis for refusing disability payments to our client Using the Covid-19 emergency as an excuse to deny the benefits of an injured worker is unacceptable. The Law Offices of Scott Warmuth will be taking immediate action to hold the insurance company accountable for this unconscionable decision. It's very possible that other national insurance companies will use this same argument to begin denying workers' compensation benefits to other injured workers across California. Injured workers without legal representation could face a denial and have no one on their side to advocate for them in their time of need. If you or someone you know has had workers' compensation benefits denied "due to the coronavirus", contact the Law Offices of Scott Warmuth today at 888-517-9888. Our workers' compensation attorneys will stand up to the insurance companies and fight to get you the benefits you deserve.[/vc_column_text][/vc_column][/vc_row]

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