California

An employee who is laid off or fired may be denied workers’ compensation benefits by the employer if an injury is not reported before the employee is terminated. The method used by the employer to deny benefits in this situation is called the “post-termination defense“. There are exceptions to the post-termination defense, and the employee …

In workers’ compensation cases, a psychiatric injury is a mental disorder that is determined to be at least 50% caused by work. It requires medical treatment or causes disability. Generally, an employee with a psychiatric injury must: have worked for the employer for six months or longer, show that work activities/work environment were greater than …

Public employees in California working in law enforcement or firefighting can receive special benefits or take advantage of a lower standard of proof to receive workers’ compensation benefits. All public employees in California receive regular workers’ compensation benefits.1 The special benefits and advantages to public employees include: Leave of absence benefits Those that work in …

Labor Code section 132a prohibits employers in California from firing you or discriminating against you as retaliation for filing a workers’ compensation claim. If an employer does so, you can bring legal action for: wrongful termination, increased compensation, job reinstatement, and back wages. Section 132a states that: (1) Any employer who discharges, or threatens to …

Settlement of claims for California workers’ compensation benefits takes two primary forms: 1) A stipulation and award, where you agree to have the insurance company provide future medical care for your injury for life, or 2) A compromise and release, where you take a lump sum of the cash value of future medical treatment. Here …

A status conference is a hearing that assists parties in a workers’ compensation case to resolve disputes and narrow issues when the case is not ready to be set for trial. A status conference can help to: obtain medical records ensure attendance at medical appointments settle a workers’ comp case clarify an incorrect temporary disability …

A workers’ compensation trial is an administrative hearing before a judge to resolve disputes between an injured worker and his or her employer related to a work injury claim. At trial, each side will present evidence in the form of documents and witness testimony. The judge will issue a decision within thirty days of the …

Yes. Undocumented workers are entitled to receive workers’ compensation benefits in California. However, an undocumented worker may not receive temporary disability when modified work is available, or supplemental job displacement benefits when permanent work is available. An employer that is not able to offer modified or permanent work based on an injured worker’s medical status must …

The Bard hernia mesh multidistrict litigation (MDL) is a group of lawsuits against C.R. Bard for injuries caused by their defective hernia mesh implants, including the Marlex mesh. These hernia mesh lawsuits demand compensation for injuries suffered by people who have had a mesh implanted to repair a hernia. That compensation is meant to cover: …

Ethicon is a subsidiary of Johnson & Johnson and a manufacturer of hernia mesh systems and products. Many of these products, however, cause serious injuries to patients. Lawsuits over the failed hernia mesh devices have been filed in pursuit of compensation. If you have been injured by an Ethicon hernia implant, you may be eligible …

If you are injured in a restaurant accident, you can file a personal injury claim for damages. Lawsuits for compensation can be filed against: The restaurant owner, The restaurant parent company, Supplier or distributor of food and restaurant equipment, Restaurant staff, or Other patrons or customers. Compensation in a restaurant accident lawsuit allows you to …

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In a workers’ compensation case, a supplemental job displacement benefit (SJDB) is a $6,000 voucher that can be used for education and job retraining expenses for injured workers who cannot return to long-term work due to permanent disability. A worker injured on the job in California will qualify for a Supplemental Job Displacement Benefit voucher if both the …

How do "arrest warrants" work? (Former DA explains)Watch this video on YouTube In California, the police can arrest you for committing a crime with or without a warrant. If you get arrested without a warrant, it is most likely because you allegedly committed a crime in an officer’s presence (a DUI, for example). If an …

In addition to prosecutors and defense attorneys, county probation officers play a big role in California juvenile court cases. County probation officers are involved in most aspects of juvenile delinquency cases.  They make recommendations to the judge and district attorney about how to handle cases.  They also run juvenile halls and supervise minors placed on …

Sending nude photos, explicit videos or flirtatious messages by electronic means is generally legal in California if it takes place between consenting adults. However, sexting can lead to criminal charges if one of the participants is a minor, or if it rises to the level of stalking, harassment or invasion of privacy. There are also a number of other …

6 Workers' Comp Benefits You Can Get in CaliforniaWatch this video on YouTube Under the California workers’ compensation law, if you are injured on the job, you are entitled to benefits that include: medical care – treatment for your injury, temporary disability – payment for loss of wages, permanent disability – payment for permanent loss …

Top California DUI Attorney: How to Win Your DMV Hearing After a DUIWatch this video on YouTube If the California DMV suspends your license for DUI, negligent operator points, or any other reason, you can request an administrative DMV hearing to fight to keep your driving privileges. Even if you lose your DMV hearing in …