California Legal Blog – A Deep Dive Into Issues That Affect Your Life - Page 3

Workers who prevail in a wrongful termination claim often get awarded between $5,000 and $100,000 in compensation. However, each case is different. There is no single “average” wrongful termination. Numerous factors can change how much a particular case is worth. Especially important is the worker’s salary prior to termination. This drives many of the legal damages …

10 of the most important rights that you have under California employment law include: overtime pay, meal and rest breaks, anti-discrimination rights, protection from sexual harassment, family and medical leave (FMLA), minimum wages, protection from workplace retaliation, workplace safety, sick leave, and protection from wrongful termination. You also have other rights, as well. However, exempt …

As a victim in an Uber accident, you can bring a claim to seek compensation for all of your legal damages. That compensation can be worth anywhere between a few thousand dollars to over $1,000,000, depending on the nature and severity of the injuries. You will rarely see your compensation reduced for your share of …

The average settlement for a wrongful death claim in California can vary between only a few thousand dollars to over $1,000,000. Every case is unique and every victim is different. This makes it impossible to say what an “average” settlement is because there is no “average” wrongful death case. However, some factors will generally increase …

14 California’s legal working age is 14. However, minors aged 14 through 17 face significant restrictions on when and where they can work, as well as how many hours they can work in a week. Most need their parents’ permission to work. Many minors will still have to attend school. The rules for minors in …

In California, mandatory overtime pay is required for non-exempt employees in 3 circumstances. Time-and-a-half pay is required when you work more than 8 hours in a day. Double-time pay is required when you work more than 12 hours. If you work 7 days straight, you are entitled to time-and-a-half pay for the first 8 hours, …

In California, employers are required to reimburse you when you use your personal vehicles for business purposes. There are 4 ways to calculate the reimbursement: lump-sum payments, reimbursement based on actual mileage, reimbursement based on actual expenses, or reimbursement based on a mixture of fixed and variable rates. Regardless of the method, you are entitled …

The substantial factor test is a legal principle used to determine whether someone else’s conduct was the proximate cause of your injury. It asks whether the defendant’s conduct was a substantial factor leading to your injuries. Plaintiffs in a personal injury case generally must show that there was causation, including proximate causation, between the defendant’s …

You can reduce a Medicare lien in a personal injury case by challenging the amounts in the Conditional Payment Letter or Final Demand. If Medicare’s conditional payments are higher than the settlement amount, you may also be able to negotiate a lien reduction. Medicare may also agree to a lower rate when mass tort cases …

Failure to appear in court on a misdemeanor charge can lead to an FTA warrant, bail problems, fines, and additional criminal charges. The severity of the offense tends to depend on the underlying criminal charge. The failure to appear has to be willful to be punishable, though. The court may excuse an absence if it …

Not all workers’ compensation cases end in a settlement. However, based on data from Illinois, about 90% of the cases do settle. Fewer than 5 percent of workers’ comp cases go to trial. A similar percentage gets dismissed or denied without an appeal. A few workers’ comp claims go uncontested by the employer. Claims that …

Carrying a Dirk or Dagger — CA Penal Code 21310 PCWatch this video on YouTube By definition, a “dirk or dagger” is a knife or other instrument (with or without a handguard) that can be used immediately as a stabbing weapon, and that may inflict great bodily injury or death. This includes pocketknives and certain …

In California, workers’ compensation benefits are generally not taxable. However, there are 4 types of payments that can be taxed: wages from light duty, retirement benefits, Social Security offsets, and medical expenses that you paid out-of-pocket and then deducted from your taxes. These payments are taxed at the state and federal levels. When are workers’ …

Yes, injured workers can generally continue to collect workers’ compensation benefits after being fired. Some states may have important limitations, however. The reason for the worker’s discharge may also be used to deny the workers’ comp claim. If the worker was fired because he or she filed for workers’ compensation, however, it may amount to …

Degenerative disc disease is a back condition where the discs in the spine deteriorate. 4 things to know about workers’ compensation settlements for these injuries are: it can be difficult to prove that your condition is work-related, sudden-onset injuries can reveal the disease, the condition is very debilitating, and settlement amounts can vary substantially. 1. …

Workers’ compensation covers the injuries and occupational diseases that are suffered by employees and that arise in the course and scope of employment. Which injuries are related to work, however, is not always easy to determine. Moreover, different state laws disagree as to where the workplace ends. If your injury is work-related, you are entitled …