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What Workers’ Compensation Benefits am I Eligible For?

Topics: Workers' Compensation

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[vc_row][vc_column][vc_column_text]Workers' compensation benefits are available to anyone who has suffered an injury on the job.  It does not matter how the injury occurred, who or what caused the injury, or if the injury only became apparent after weeks, months, or even years of repetitive motion or environmental hazard.  If a worker becomes injured, he or she will be able to access benefits.  What determines the level of workers' compensation benefits available to injured workers is the severity of the injury and how much the injury impacts the job duties of the worker. Workers' compensation benefits can include the following:
  • Medical treatment
  • Temporary disability
  • Permanent disability
  • Job displacement voucher
  • Death benefits
The more severe the injury, the more likely it is an injured worker is eligible for a specific benefit.  Minor injuries will likely only require medical treatment and would not be eligible for disability benefits.  To be eligible for temporary disability benefits, an injured worker must have been hospitalized or missed more than three days of work.  For permanent disability benefits, only injured workers who do not recover in full after medical treatment are eligible.  Job displacement vouchers are only offered to injured workers whose employer cannot or will not make reasonable accommodations for their permanent disability.  Workers' compensation death benefits are provided to surviving family members should the worst happen. If you've been injured on the job, an experienced workers' compensation law firm can help you determine what benefits you're eligible for and help you fight to receive those benefits.  Your attorney can fight your employer and insurance company to ensure you receive the proper level of medical treatment, receive an appropriate permanent disability rating, and receive appropriate accommodations to get you back working as soon as possible.  The Law Offices of Scott Warmuth offers free consultation to injured workers.  Call us today at 888-517-9888![/vc_column_text][/vc_column][/vc_row]
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Los Angeles’ Vision Zero Plan is Not Working…Yet

Topics: Auto Accident, Personal Injury

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[vc_row][vc_column][vc_column_text]Vision Zero is an ambitious plan to prevent all traffic fatalities and serious injuries worldwide.  Vision Zero has had an impact on reducing traffic deaths, and especially pedestrian deaths, in some cities and countries across the United States and Europe.  Sweden, the first country to implement Vision Zero, has seen a 30 percent reduction in fatalities since changing policies in 1997.  New York City has pursued Vision Zero plans since 2014 and has reduced traffic deaths about 20 percent since then.  San Francisco has also seen reduced fatalities.  Los Angeles, however, tells a very different story. Since joining the Vision Zero project, Los Angeles has seen an increase in traffic fatalities of about 30 percent.  It's not known exactly why this has happened, though certain theories include more drivers on the road, larger vehicles on the road, distracted driving/walking, and even increased speed limits on some city streets.  While no one factor may be causing the increase, it's still a bit confusing.  Los Angeles has spent millions of dollars implementing recommendations, including dedicated bike lanes, pedestrian scrambles, and curb extensions.  As improvements continue, it remains to be seen if patience will pay off. Los Angeles County has its own plan for Vision Zero.  Los Angeles County's Vision Zero action plan states that LA County will
use sound engineering principles and judgment and work closely with communities to identify and implement a variety of roadway enhancements proven to reduce fatal and severe injury collisions. Roadway enhancements aim to manage vehicle speeds, enhance visibility, and provide separation for travel modes. Some examples are shown on the following pages, which may be applied in rural or urban settings based on community needs.
The LA County Vision Zero action plan lists some specific safety enhancements that could be implemented with the goal of reducing traffic fatalities:
  • Pedestrian beacons that light up when a pedestrian is waiting to cross
  • Left turn arrows to protect pedestrians
  • Dedicated bike lanes with separation from vehicle traffic
  • Additional roadway lighting
  • High visibility crosswalks
  • Curb extensions that reduce crossing distance and vehicle speed
  • Midway stopping points at long crosswalks
  • "Road diets" that reduce the available number of lanes, slowing traffic
  • Traffic circles and roundabouts
Most of the Vision Zero enhancements center around two things: being able to identify and protect pedestrians and reducing vehicle speed.  Collisions are much less likely to happen if drivers are aware of pedestrians and if a collision does happen reduced vehicle speed reduces the risk of injury or death to the pedestrian.  Los Angeles' original, ambitious goal was to eliminate all traffic fatalities by 2025.  It's looking less and less likely that it will meet that goal. The Law Offices of Scott Warmuth provides legal representation for the victims of car accidents, including pedestrians and bicyclists.  If you've been hurt in a collision, call our offices today at 888-517-9888 to receive a free consultation.[/vc_column_text][/vc_column][/vc_row]
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Asian American Expo 2020 Pictures and TV Raffle

Topics: Events, From Our Office

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[vc_row][vc_column][vc_column_text]Last month, the Law Offices of Scott Warmuth hosted a booth at the 39th Annual Asian American Expo.  At the event, we handed out numerous goodies, including 2020 calendars, pens, fans, and gift baskets.  We also hosted a raffle for a Samsung 4K TV!  Congratulations to Chinghui Li for winning our raffle prize!  Ms. Li stopped by our City of Industry office to collect her prize last week. We took some pictures at the Asian American Expo and of Scott Warmuth presenting Ms. Li with her raffle prize![/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width="1/2"][vc_single_image image="4077" img_size="full" add_caption="yes" alignment="center"][/vc_column][vc_column width="1/2"][vc_single_image image="4076" img_size="full" add_caption="yes" alignment="center"][/vc_column][/vc_row][vc_row][vc_column width="1/2"][vc_single_image image="4065" img_size="full" add_caption="yes" alignment="center"][/vc_column][vc_column width="1/2"][vc_single_image image="4066" img_size="full" add_caption="yes" alignment="center"][/vc_column][/vc_row][vc_row][vc_column width="1/2"][vc_single_image image="4067" img_size="full" add_caption="yes" alignment="center"][/vc_column][vc_column width="1/2"][vc_single_image image="4068" img_size="full" add_caption="yes" alignment="center"][/vc_column][/vc_row][vc_row][vc_column width="1/2"][vc_single_image image="4069" img_size="full" add_caption="yes" alignment="center"][/vc_column][vc_column width="1/2"][vc_single_image image="4070" img_size="full" add_caption="yes" alignment="center"][/vc_column][/vc_row][vc_row][vc_column width="1/2"][vc_single_image image="4071" img_size="full" add_caption="yes" alignment="center"][/vc_column][vc_column width="1/2"][vc_single_image image="4072" img_size="full" add_caption="yes" alignment="center"][/vc_column][/vc_row][vc_row][vc_column width="1/2"][vc_single_image image="4073" img_size="full" add_caption="yes" alignment="center"][/vc_column][vc_column width="1/2"][vc_single_image image="4074" img_size="full" add_caption="yes" alignment="center"][/vc_column][/vc_row]
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Product Liability – A Primer

Topics: Personal Injury

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[vc_row][vc_column][vc_column_text]The legal term 'product liability' doesn't mean much to most people, but those same people have likely heard advertisements seeking victims of it.  Have you or a loved one been diagnosed with mesothelioma?  Developed ovarian cancer after using talcum powder?  Lithium-ion battery catch fire, resulting in injury?  You may be entitled to compensation!  When any dangerous, poorly-designed, defective, or misleadingly-advertised product causes injury to consumers, the responsible party can be targeted with a product liability lawsuit. Product defects resulting in a possible liability claim can occur at any time over a product's lifespan.  Design flaws occur before a product is made, manufacturing flaws occur when a product is being made, and marketing flaws (aka misleading advertising) occur after the product is made.  The type of product flaw can greatly affect the number of potentially dangerous products in the market, the potential number of victims, and how litigation could be pursued.  Recent examples of product defects and when they occur during the lifespan:
  • The 737 MAX Boeing passenger plane experienced two crashes tracked to a design flaw in its MCAS flight control system.
  • Risperdal, an anti-psychotic medication often prescribed off-label, failed to warn of the risk of gynecomastia, a marketing flaw.
  • An outbreak of E. coli was linked to romaine lettuce grown in Salinas, CA.  The limited nature of the outbreak is an example of a manufacturing flaw.
Numerous product liability lawsuits were filed by victims in each of these examples.  Some 737 MAX lawsuits against Boeing began settling late last year.  Risperdal manufacturer Johnson & Johnson lost a jury verdict and was ordered to pay $8 billion in damages to one victim, though that award was recently reduced by a judge to $6.8 million.  Victims of the Salinas-linked E. coli outbreak began filing lawsuits last month. It must be noted that product liability litigation is extremely complicated, difficult to prove, and time-consuming.  These types of lawsuits are nearly impossible to pursue without the help of a dedicated and skilled law firm on your side.  The vast majority of product liability case representation is provided on a contingency fee basis, meaning you won't pay your attorneys unless they win your case.  If you have been injured by any defective product, it's important to quickly consult with an attorney.  The Law Offices of Scott Warmuth provides 100% free consultations with no obligations.  Call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
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Updated Travel Ban Targets Six Additional Countries

Topics: Immigration

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[vc_row][vc_column][vc_column_text]The Trump administration is expanding its controversial travel ban to include six additional countries.  The updated executive order will prevent citizens of Nigeria, Eritrea, Myanmar (Burma), and Kyrgyzstan from receiving immigrant visas to the United States.  Citizens of Sudan and Tanzania will be ineligible for the U.S. Diversity Visa Program.  The updated travel ban is slated to take effect on February 22.  The travel ban executive order was originally blocked from taking effect, but was upheld by the U.S. Supreme Court on June 26, 2018 in a 5-4 vote. The six countries being added to the travel ban are facing fewer restrictions than the countries already targeted.  Citizens from those countries (Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen) are barred from entering the country.  Citizens of the six countries being added to the list can still come to the United States but will be unable to pursue a green card, though some people may be eligible for waivers.  According to the administration, the six countries could potentially removed from the list if they take certain steps regarding security and information sharing.  Nigeria, the most populous country in Africa, has already set up a committee to work towards the goal of being removed from the travel ban. See the full news story here.  Read the travel and visa restrictions prepared remarks from the Department of Homeland Security here. The Trump administration has implemented numerous policies with the goal of restricting immigration to the country.  The Law Offices of Scott Warmuth continuously monitors potential changes to immigration law in order to best serve our clients.  If you have questions about any changes to immigration law and how it could affect your chances for permanent residency, call our offices today at 888-517-9888.  We offer free consultations and provide a full range of immigration services.[/vc_column_text][/vc_column][/vc_row]
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New Immigration Rule Targets “Birth Tourism”

Topics: Immigration

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[vc_row][vc_column][vc_column_text]Effective last Friday, the Trump administration will now deny tourist visas to pregnant women suspected of trying to give birth in the United States so that their children are American citizens, a practice some call "birth tourism."  The U.S. State Department estimates that thousands of women on non-immigrant visas give birth while in the United States every year.  The new rule will only apply for people seeking a visitor visa (B-1/B-2) from a country not included in the Visa Waiver Program. It has previously been reported that the Trump administration wants to end birthright citizenship, which grants citizenship to anyone born in the country.  The new birth tourism rule is a step in that direction.  Birthright citizenship is enshrined in the 14th amendment of the U.S. Constitution, instituted after the United States Civil War.  In part, the 14th amendment granted citizenship to former slaves.  The applicable text reads: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." It is not known how immigration officials will identify potential birth tourists.  According to government officials, pregnancy will only be considered on initial visa applications, and pregnant women would still be allowed into the country for legitimate purposes.  It has not been ruled out that women may be directly asked if they are pregnant based on their appearance.  U.S. Customs and Border Protection has indicated that the new rule will not change their operating procedures.  It is unknown what the fallout from this new rule will actually be. See the full news story here. The Law Offices of Scott Warmuth is an immigration law firm that helps its clients legally live and work in the United States.  With all of the recent changes to immigration law, immigrants seeking green cards and citizenship in the U.S. have an advocate on their side.  For a free immigration consultation, call us today at 888-517-9888![/vc_column_text][/vc_column][/vc_row]
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Public Charge Rule Can Now Be Implemented

Topics: Immigration

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[vc_row][vc_column][vc_column_text]The United States Supreme Court today ruled 5-4 to allow the Trump Administration's public charge rule to be implemented.  The public charge rule, which could have drastic effects on legal immigration, had been under a nationwide injunction.  The rule is still facing legal challenges, but can now be implemented while the case works its way through the court system.  The rule is still under injunction in the state of Illinois. See the full news story here. The proposed rule changes the definition of public charge to include more popular forms of government assistance, including Medicaid and SNAP benefits.  Any immigrant who has ever used these programs could face a more difficult path to obtaining a green card.  Even without the new rule in place, the Trump Administration has used the existing public charge rule to deny thousands of visa applications. The Law Offices of Scott Warmuth has been monitoring the new public charge rule since it first became rumored in March 2018.  We will continue to stay on top of any new immigration rules and regulations.  For a free immigration consultation, call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
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Happy Lunar New Year!

Topics: Auto Accident

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[vc_row][vc_column][vc_column_text]2020, the year of the rat, is upon us!  While typically portrayed as a pest in America, in Chinese culture, the rat is seen as a sign of intelligence, wealth, and fertility.  It is said that when determining the order of the zodiac, the rat tricked the ox into carrying it, jumping off the ox at the end of the procession to become the first animal of the Chinese zodiac.   The next year of the rat will be 2032. The Law Offices of Scott Warmuth wishes everyone a happy Lunar New Year![/vc_column_text][/vc_column][/vc_row]
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USCIS Publishes Immigration Statistics for FY 2019

Topics: Immigration

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[vc_row][vc_column][vc_column_text]United States Customs and Immigration Services (USCIS) has published its final immigration and asylum statistics for fiscal year 2019.  The fiscal year for USCIS runs from October to September, so in the case of fiscal year 2019, the data represent the statistics from October 2018 through September 2019.  The data is, unfortunately, extremely hard to decipher quickly, but USCIS has offered some statistic summaries of note.  USCIS will likely issue a full statistical annual report later this year. According to USCIS, 2019 was a banner year for new United States citizens.  834,000 new Americans were naturalized in 2019, the most since 2008.  U.S. citizenship offers numerous benefits over permanent residency, including protections from deportation and gaining the right to vote.  577,000 foreign nationals are now on the path to U.S. citizenship, as they received their green cards in fiscal year 2019.  After five years of permanent residency (or three years of permanent residency for green card holders married to U.S. citizen), these new green card holders can also apply for U.S. citizenship. USCIS also reported that it received more than 2 million I-765, Application for Employment Authorization forms and approved over 500,000 non-immigrant worker visas, including the H-1B visa.  It also approved over 25,000 visas for victims of crime, human trafficking, and domestic violence. The Law Offices of Scott Warmuth helps people live and work legally in the United States by navigating them through the complexities of immigration law.  We offer free consultations in English, Mandarin, Cantonese, and Spanish.  Speak to an immigration lawyer today!  Call 888-517-9888![/vc_column_text][/vc_column][/vc_row]
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Law Offices of Scott Warmuth to be at Asian American Expo

Topics: Events, From Our Office

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[vc_row][vc_column][vc_column_text]The Asian American Expo will be this weekend at the Pomona Fairplex.  The Law Offices of Scott Warmuth will be at the event supporting the local community and giving away some free stuff and raffling off a Samsung 43" Smart TV!  Come find us in Hall 4 at booth 4620/4621!
Founded in 1982 as a means of gathering the local community together Asian American Expo has seen many changes over the last 30 years. When it first launched, the event was called the Chinese American Expo, with only 60 exhibitors and the simple goal of bringing together local Asian businesses and consumers under one roof. From those humble beginnings, the Asian American Expo has expanded both its reach and its scale.
For more information, visit the Asian American Expo website here. The Asian American Expo is Saturday, January 18th and Sunday, January 19th from 10 a.m. to 7 p.m.  Visitors can enter the fairplex (2705 Fairplex Drive in Pomona) at Gate 17.[/vc_column_text][/vc_column][/vc_row]