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Immigrants Receive Equal Claim Compensation in California

Topics: Immigration, Personal Injury

Feature
In the latest twist on immigration law in California big changes are happening for personal injury claims. As of January 1, 2017, Assembly Bill No. 2159 ensures that immigrants will not be discriminated against financially during personal injury claims. Prior to this bill’s inception, if an immigrant working in California were to be injured or killed their immigration status would affect their claim in civil actions. This is no longer the case. Learn more about what this means for you.

Personal Injury Claims Go Bust

For the past 30 years, if you were an immigrant working in California and you were injured or killed on the job, your personal injury claim was determined by your citizen status. What this means is you would likely receive far less money in a personal injury claim than US citizens. Say you were to get hurt on the job and you take your claim to civil court. Before AB 2159, you would be reimbursed based on the value of your healthcare in your country of origin. As you can imagine there is a huge discrepancy here.

Proof in the Pudding

Take this example: If you were originally from Guatemala you would be awarded an amount for your medical expenses based on the amount that these procedures would cost in Guatemala. As a result, you would be paid far less money for care and treatment that you are going to receive here in the United States.
Rather than getting enough money to cover your medical expenses here in the United States, you are given enough money to cover your expenses in your country of origin — even though you are getting treated here in the United States.
This is the big issue here. Immigrants who are working and living in the United States legally should be and are provided with protections at the workplace. Part of this is reflected in personal injury suits, such as those presented by OSHA (Occupational Safety and Health Administration). So, if you have legal status as an immigrant you should not receive less money if you are injured or killed while working for a US employer. Fortunately this bill reflects this belief. If you have received less than you should for medical expenses in a personal injury claim because of your immigration status, we want to help you. Give us a call at the Law Offices of Scott Warmuth to learn more or to schedule a consultation.
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How California’s TRUTH Act Protects People Facing Deportation as Illegal Immigrants

Topics: Immigration, Personal Injury

Feature
Out of all the states in the country, California moved first to implement a new law, the Transparent Review of Unjust Transfers and Holds (TRUTH) Act, that would help protect people who are accused of entering the United States illegally. Certainly, the topic of undocumented immigration has generated a lot of controversy all over the country. While some people worry that too many illegal immigrants slip into the United States, it's also important to protect people who may have only been accused of entering the country illegally.

How Does California's TRUTH Act Protect Those Accused of Undocumented Immigration?

The governor signed this bill into law late in September. According to Governor Jerry Brown, this measure would help the state adhere to the principles of due process and legal transparency. Most often, this new law has been referred to as The TRUTH Act. These are the significant aspects of the new rules: Officials must advise people facing deportation proceedings that they have the right to consult an attorney before federal authorities may interview them.
  • Police have to give the defendant's lawyer or advocate any information that they supply to immigration enforcement.
  • Officers who detain these immigrants must also advise them that they are not compelled to speak with immigration authorities.
  • Each year, there has to be a public forum to inform the public about the local police's role in the enforcement of immigration laws.
Besides California, some other states and local jurisdictions have similar policies; however, California is the only state that has signed these protections into law.

Why Is Access to Legal Representation Important for People Facing Deportation?

The American Immigration Council conducted a study of over one million deportation cases. The study found a scarcity of access to legal representation for people facing deportation. In addition, legal representation vastly increased the odds of obtaining a favorable court ruling. Furthermore, represented defendants had a much greater chance of getting released from detention. The Law Offices of Scott Warmuth can provide legal advice and counsel for many different kinds of immigration cases. For more information, call the toll-free number: 888-617-9888.

Immigrants Receive Equal Claim Compensation in California

In the latest twist on immigration law in California big changes are happening for personal injury claims. As of January 1, 2017, Assembly Bill No. 2159 ensures that immigrants will not be discriminated against financially during personal injury claims. Prior to this bill’s inception, if an immigrant working in California were to be injured or killed their immigration status would affect their claim in civil actions. This is no longer the case. Learn more about what this means for you.

Personal Injury Claims Go Bust

For the past 30 years, if you were an immigrant working in California and you were injured or killed on the job, your personal injury claim was determined by your citizen status. What this means is you would likely receive far less money in a personal injury claim than US citizens. Say you were to get hurt on the job and you take your claim to civil court. Before AB 2159, you would be reimbursed based on the value of your healthcare in your country of origin. As you can imagine there is a huge discrepancy here.

Proof in the Pudding

Take this example: If you were originally from Guatemala you would be awarded an amount for your medical expenses based on the amount that these procedures would cost in Guatemala. As a result, you would be paid far less money for care and treatment that you are going to receive here in the United States. Rather than getting enough money to cover your medical expenses here in the United States, you are given enough money to cover your expenses in your country of origin — even though you are getting treated here in the United States. This is the big issue here. Immigrants who are working and living in the United States legally should be and are provided with protections at the workplace. Part of this is reflected in personal injury suits, such as those presented by OSHA (Occupational Safety and Health Administration). So, if you have legal status as an immigrant you should not receive less money if you are injured or killed while working for a US employer. Fortunately this bill reflects this belief. If you have received less than you should for medical expenses in a personal injury claim because of your immigration status, we want to help you. Give us a call at the Law Offices of Scott Warmuth to learn more or to schedule a consultation.
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New Rule in Favor of Foreign Entrepreneurs Entering the U.S.

Topics: Immigration

Feature
New proposed regulations would make it easier for foreign entrepreneurs who want to start businesses in the United States. Many businesses have been created or co-created by foreign students who were here to study in the United States. The problem for these students, though, is that they often find it difficult to determine how to stay in the US after they have completed their education. Due to their visa requirements, many of them have to return to their home countries instead of staying on US soil, and this means all of their education and skills leave the US as well. Meeting the Initial Criteria to Stay The new regulations would allow certain foreign entrepreneurs to stay in the US, but there would be strict criteria they would have to meet. For the first two years, they would need to show that they have created a startup company in the preceding three-year period, and that startup had significant growth potential. Additionally, $345,000 or more must have been secured from investors or $100,000 in grants from the government. The entrepreneur would have to be active in the company, and would need to have an ownership interest of at least 15%. Staying On After the First Two Years To remain for another three years, the foreign entrepreneur must show that the startup has operated lawfully for the previous two years, and that they still have at least a 10% interest in the ownership of the company. Another $500,000 in funding must also have been secured from investors or through grants, and annual revenue has to be at least $500,000 as well. There can be three co-founders for a startup, and the company must have created at least 10 jobs for workers in the US. Spouses and children could also come to the US under this system, and spouses would be allowed to work. This has the potential to allow foreign entrepreneurs to create many more companies and jobs in the United States. Immigration can feel like a challenging issue, but it does not have to be that way for everyone. To find out more about immigration issues, contact The Law Offices of Scott Warmuth at 1-888-517-9888. With the right legal advocate on your side, you can get your immigration questions answered. It can also be easier to attain the correct immigration status and move toward entrepreneurship or other life goals. By talking to an immigration attorney, you have the opportunity for the best outcome in your particular case and situation. Source http://www.bna.com/draft-immigration-rule-n73014446939/  
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Visa Lottery 2018 is NOW OPEN – What you Need to Know!

Topics: Immigration

Feature
Each year, the Department of State provides a visa lottery for a chance to obtain a green card to the U.S., to “diversity immigrants” from countries with historically low rates of immigration to the United States. Can I still apply if I was not born in a qualifying country? For the 2018 visa lottery, people from the following countries are ‘not eligible’ to apply, because more than 50,000 natives of these countries immigrated to the U.S. in the previous five years: Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. BUT - There are two EXCEPTIONS in which you still might be eligible to apply.
  • First, if your derivative spouse was born in an eligible country, you may claim eligibility as to that country. As your eligibility is based on your spouse, you will only be issued an immigrant visa if your spouse is also eligible for and issued an immigrant visa. Both of you must enter the United States together using your DVs.
  • Similarly, your minor dependent child can be “charged” to a parent’s country of birth. Second, you can be “charged” to the country of birth of either of your parents as long as neither of your parents was born in or a resident of your country of birth at the time of your birth.
What is the other requirement, if I am from an eligible country? Each DV applicant must meet the education/work experience requirement of the DV program by having either:
  • at least a high school education or its equivalent, defined as successful completion of a 12-year course of formal elementary and secondary education;
OR
  • two years of work experience within the past five years in an occupation that requires at least two years of training or experience to perform
When is the application period and deadline? Applicants must submit entries for the DV-2018 program electronically between noon, Eastern Daylight Time (EDT) (GMT-4), Tuesday, October 4, 2016, and noon, Eastern Standard Time (EST) (GMT-5), Monday, November 7, 2016. ONLY ONE ENTRY PER PERSON, OR YOU WILL BE DISQUALIFIED. How can I apply? People can apply online at: dvlottery.state.gov. Registering and being chosen is only the first step.  You must still be eligible for a green card in order to enter the U.S. or adjust your status. Call our immigration attorneys today for more information and to learn about exceptions if you are unsure whether you qualify. Free consultations: 1-888-517-9888.
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Should Workers’ Compensation Be Offered to Gig Economy Workers?

Topics: Personal Injury, Workers' Compensation

Feature
With the economic landscape changing to include more and more gig workers, concerns over on-the-job injuries have begun to arise. Gig economy workers do not typically get workers’ compensation from the companies they work for. This can put a big financial burden on these workers since they, instead of the employer, are responsible for covering the entire cost of their medical care. It’s also important to note that some of these jobs, including those that involve driving, are considered among the most hazardous ones in the U.S., according to Quartz. This begs the question: should companies start offering this coverage to gig economy workers? Employee vs. Independent Contractor People who work in “on demand” jobs, or gig economy jobs, are not considered company employees. Instead, they are considered independent contractors. As contractors, they are not likely to receive benefits and coverage that companies generally offer their full-time and part-time employees. Such benefits would include workers’ comp and health insurance. Offering contractors compensation for injuries on the job would require companies to pay premiums in addition to the expense of covering regular employees. Rather than take on this cost, many companies do not make workers’ comp available to contractors. When contractors are injured on the job, they are forced to pay for hospital expenses and other medical care on their own. When contractors are unable to pay, these costs are passed on to the general public. Reasons to Offer Workers’ Comp One of the main arguments in favor of offering workers’ comp to gig economy workers is that employees who perform similar types of work, like those who work for construction companies, do receive this coverage. Other workers who are not technically considered employees, such as cab drivers, are able to receive workers’ comp thanks to state agency regulations. Possible solutions to this problem include taking a different approach to making workers’ comp available to gig economy workers that is similar to how the Affordable Care Act has made health coverage available to contractors. Another possible solution would be to make contractors responsible for covering some of the expenses and have the contracting companies cover the rest, including workers’ compensation. Since gig economy workers are allowed to unionize, organizing and bargaining for coverage could present another potential solution. If you have been injured at work, please contact the Law Offices of Scott Warmuth at 1-888-517-9888 to speak to an attorney who handles workers’ compensation cases.   Sources http://qz.com/715131/gig-economy-workers-injured-on-the-job-should-get-workers-comp-protections/  
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E-Cigarette Smokers Are at Risk of Personal Injury

Topics: Personal Injury

Feature
E-cigarettes are very popular with people who are trying to quit smoking, and with people who want to continue to smoke but are trying to reduce the side effects to their health. Additionally, some people use e-cigarettes in places where traditional cigarettes are banned. But despite their growing popularity, e-cigarettes can also be dangerous for more than just their nicotine content. They can malfunction, which can cause explosions, fires, and severe burns. Whether they are called e-cigs, vaping devices, vapor pens, or something else, they all have the potential to cause significant personal injury. How Do E-Cigarettes Work? Personal injury attorneys have taken numerous cases where e-cigarettes have exploded or caught fire. The reason this happens is that the e-cigarette is designed to provide an experience that is very similar to an actual cigarette. In order to do that, the heating element inside the e-cigarette must heat the liquid that is used by these devices to a boiling point so that vapor is produced. The vapor is then inhaled by the user. To reach the right temperature quickly and properly, the heating element must have a viable source of power, which is generally a lithium-ion battery. Why Are E-Cigarettes Exploding? If the electrolyte fluid in the battery overheats, the battery can expand so much that it ruptures. This can cause an actual explosion, but in some cases causes a fire without that explosion. The battery is located inside a cylinder, and that tube is usually made out of a thin metal such as aluminum, or even out of plastic. When an e-cigarette explodes, the user's hands and arms are at risk of personal injury, as are the neck and face. These are the areas where injuries most commonly occur, although e-cigarettes placed in shirt or pants pockets can also malfunction and cause harm. Get Help for Your Personal Injury Case If you or a loved one has been injured by an e-cigarette explosion, contact The Law Offices of Scott Warmuth at 1-888-517-9888 and get your questions answered. You may have a personal injury case and could be awarded damages. Working with an attorney familiar with these types of cases can give you the information you need, so you can decide whether to move forward with a claim. There are laws in place to protect people from dangerous or damaging products, and having a legal advocate on your side can help you receive the compensation you deserve. Source http://www.natlawreview.com/article/e-cigarette-explosion-injuries-california  
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Sex Offenders Banned from Pokémon Go in New York

Topics: Criminal Defense

Feature
Pokémon Go has been taking the country by storm. It seems like every bar, downtown area, and random landmark is flooded with 20-something-year-old Millennials reliving the nostalgia of the popular childhood game. Of course, it isn't just young adults reliving their childhood with Pokémon Go; actual children have been playing it quite a bit as well. And this poses a potential problem, at least according to authorities in New York State. That's why they passed a new law banning all sex offenders from playing Pokémon Go. The authorities state that because Pokémon Go draws children to specific areas ("Pokestops"), it poses a significant risk since sex offenders can find out where children could potentially be. By preventing sex offenders from logging into a Pokémon Go account, the idea is that they won't be tempted to enter (potentially remote) areas where children might be playing the game. Authorities also want Niantic, the game developer for Pokémon Go, to provide additional protections to players of the game. Specifically, they want all Pokestops to be no less than 100 feet from the residence of a sex offender. The aggressive stance of New York State underscores the potentially life-changing problems associated with being accused of a sexual offense. Anyone who has been accused of a sexual offense should absolutely make sure that they take any steps they can to get a fair trial. The best way to do this is with a criminal defense lawyer who understands the specific laws in your state, particularly those that are directly relevant to the charges you face. Whether you've been charged with a similar offense or any other criminal charge, The Law Offices of Scott Warmuth are ready to help you by providing the best legal defense possible. For more information, please call us at 888-517-9888.
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The A-B-C’s of Criminal Defense Strategies

Topics: Criminal Defense

Feature
Being accused of a criminal offense can be life-altering. If you end up being charged for the offense, your life could be permanently changed with the potential to face years in prison. Fortunately, there are several effective criminal defense strategies that have been proven time and time again. These strategies are designed to give you all the legal benefits afforded to you by the United States Justice System and ensure that you are truly "innocent until proven guilty." Here are just a few of the most popular criminal defense strategies: Suppressing evidence in court: While "suppressing evidence" sounds strange, the reality is that this is a common method of improving a defendant's prospects in the courtroom. Suppressing evidence involves the lawful process of disqualifying specific pieces of evidence because they were acquired unlawfully. For example, evidence that was taken in violation of the Fourth Amendment could be inadmissible in court, so long as the criminal defense lawyer moves to suppress the evidence. Creating a truthful story that offers the best chance of a reduced (or eliminated) sentence: Quite often the defendant will take the stand, and then be examined and cross-examined by the defendant's lawyer and the prosecutor. Therefore, it is incredibly important that the defendant and their criminal defense lawyer work together to ensure that every part of the story makes sense. This helps to ensure that the prosecution cannot poke holes in the testimony (thereby creating doubt in the minds of the jury). Even defendants who had absolutely nothing to with what they’ve been accused of can get nervous and say something they didn't mean to say – which is why practicing is extremely important. Utilizing expert witnesses: In many cases, the evidence won't necessarily point directly to the defendant; instead, it will be interpreted by the prosecutor in a way that links it to the defendant. Retaining one or more expert witnesses is an excellent way of bringing into question the validity of those interpretations. Remember, all a criminal defense strategy needs to do is establish enough reasonable doubt that a "not guilty" verdict is reached. If you are not a U.S. citizen, for example, you are undocumented or have a visa or a green card, the consequences of a criminal conviction could be even more harmful for you. That is why it is best to work with a team that has both criminal and immigration experts who can advise you. Retaining a criminal defense attorney who understands the intricacies of the law, and who is also willing to fight in court for you, is essential to any successful criminal defense strategy. We encourage you to contact The Law Offices of Scott Warmuth at 1-888-517-9888 to find out which criminal defense strategy will work best for you.
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A Quick Guidebook for Injured Workers

Topics: Personal Injury, Workers' Compensation

Feature
Unfortunately, many employees fail to realize their basic legal rights as they pertain to the California workers' compensation system. The primary purpose of work injury laws in California is to protect workers and allow them to request benefits that they may be entitled to following a workplace injury. This guide serves as an overview of workers' compensation laws. While no two workers' comp instances are exactly alike—by having a general understanding of how workers' compensation works in California, you can better protect yourself in the workplace. Furthermore, if you are part of a union or labor agreement, be aware that you may be entitled to additional rights beyond what is laid out in workers' compensation laws. Workers Who Have Been Injured If you have been injured on the job in California, you are encouraged to learn more about the immediate steps you need to take after getting hurt (if you haven't already done so). These may include:
  • seeking medical attention
  • obtaining an incident report
  • filing a workers' compensation claim
Gathering a Paper-trail You will also need to learn what steps will be necessary to successfully file your workers' compensation claim, including stipulations on how long you have to do so.  The time limits are very strict, and you may lose your rights if you do not make a claim timely. Other aspects of workers' compensation you may want to learn more about include:
  • medical care and medical reports
  • temporary disability benefits
  • permanent disability benefits
  • returning to work after an injury
  • supplemental job displacement benefits
  • return-to-work supplement programs
Above all else, one of the best things you can do for your case is to consult with an attorney—one who specializes in work injury care and rights. An experienced attorney will be able to assist you through the often-complicated claims and appeals process, and represent your best interests in court. Being injured on the job can be a terrible experience, but you can get through it easier if you understand your rights as well as the proper legal procedures necessary for handling workers' compensation claims here in California. If you have been injured on the job, please contact the Law Offices of Scott Warmuth to speak with an experienced workers’ compensation attorney, or to request a free consultation. Source:http://www.dir.ca.gov/InjuredWorkerGuidebook/InjuredWorkerGuidebook.pdf
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Early Release for Convicts in California – Latest Ballot Measures

Topics: Criminal Defense, Immigration

Feature
Thousands of inmates serving sentences in California prisons for nonviolent crimes could end up being eligible for an early release date. Our criminal defense attorneys offer the latest news on this November’s ballot measure. New Ballot Measure Governor Jerry Brown’s proposed ballot measure, which was introduced in early 2016, could make it possible for inmates who have been convicted of nonviolent crimes to be released early. Inmates who are eligible for early release would need to participate in prison education programs or demonstrate good behavior in order to earn credits. This initiative will be added to this November’s ballot if at least 585,407 signatures are gathered and certified by the end of June. Opposition to the Early Release Ballot Measure The proposed ballot measure that would result in early release for nonviolent offenders has its share of opponents. Prosecutors in California accused the ballot measure addition of being unlawful when it was combined with a different criminal justice ballot measure. However, the California Supreme Court ruled that this move was not unlawful. Some prosecutors have also expressed concern that this new ballot measure would make it difficult for them to negotiate plea bargains. Support for the Early Release Ballot Measure One of the main reasons behind the introduction of the early release ballot measure is the 2011 U.S. Supreme Court ruling that ordered California to reduce prison overcrowding within a certain timeframe. Brown is trying to gather support for the new ballot measure by informing the public that the state might be forced to release inmates in order to deal with overcrowding. Instead of a forced release, the ballot measure would help ensure that only nonviolent offenders are allowed to leave prison early. The state has already been able to reduce prison populations to some degree with the help of Prop. 47, which makes what were once considered felony drug possession charges misdemeanors, and the use of private prisons in California and in other states. Those who have been charged or convicted of a nonviolent crime in California should keep in mind that they might be eligible for early release if this ballot measure is added and receives a majority vote. If you have been charged with a crime or are seeking legal help, contact the Law Offices of Scott Warmuth to speak with a criminal defense attorney today. We have offices in San Gabriel, City of Industry and Los Angeles.