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Understanding workers’ compensation hearings and appeals
If you have been injured in a California workplace, you should be entitled to compensation for the damages that you suffered. Most people suffer a measurable amount of financial damages even in the case of a minor injury. Even if they only have to take off one day of work and pay for minor medical treatment, they may have to pay medical bills and lose wages as a result. This is why it is important that you take action as soon as you can to file a workers' compensation claim. If you do not file the claim within 30 days of the original injury occurring, you may no longer be eligible to gain damages. What is a workers' compensation hearing? One of the most important aspects in a workers' compensation claim is the hearing. In the hearing, you need to make a persuading case as to why you legitimately deserve [...]
Your employer’s obligation to pay employees
As an employee in the United States, you have the right to get paid fairly and punctually. This means that employers who do not pay their employees on time or do not pay them what they are entitled to under the law can be subject to legal action. It is important that you equip yourself with information about your rights as an employee in California. By doing this, you can take action when your employer falls short on their legal obligations to you. Understanding the Fair Labor Standards Act (FLSA) and how it relates to wages The vast majority of businesses in the United States are subject to FLSA laws. These laws set the minimum wage, and define how overtime pay is applied to employees. When should I consider taking action because of wage issues? You have the right to be paid on time. If your employer delays the payment [...]
Violence dramatically increases against nurses
Nurses are the people who take care of everyone before themselves; they assist doctors, help patients and advise loved ones about their relative’s health. However, more nurses are finding themselves needing care after workplace violence. According to 2018 investigation, the rate of violence against nurses rose from 7.8 per 10,000 in 2016 to 8.8 in 2017 – the highest level since 2011. The data suggests that healthcare professionals are the most at the risk of assault in the workplace. While more local hospitals continue efforts to reduce assaults, the Occupational Safety and Health Administration stopped its random inspections for violence due to “not enough problems to justify the practice.” Currently, OSHA responds after a workplace assault is reported and commits to keeping healthcare professionals safe in their work environment. Ways to reduce the risk of assault While assaults continue to increase, it’s critical for nurses to recognize the signs of a [...]
Claiming compensation for mental illnesses that stem from injury
Being injured can have a profound effect on your life. It can affect your financial stability, your career progression, your independence and your entire lifestyle. This is why it is very common for victims of an incident or accident to suffer mentally as well as physically in the aftermath. If you are considering going through the process of making a personal injury claim in the state of California, it is important that you get what you deserve, keeping this in mind. In order to do so, it is a good idea to consider the ways in which your mental illness was caused or worsened by the accident and the extent to which this affected your life both emotionally and financially. Steps to take in order to prove emotional distress There are two main things that you will need to do in order to successfully gain compensation for your mental illness in a [...]
Employee rights and drug testing in California
The recent legalization of marijuana for medical purposes in the state of California has meant that the law regarding the use of the drug has become somewhat blurred and confusing for many. Often, companies in the state of California demand that their employees take drug tests. This may be for regulation and safety reasons, such as if the company employs truck drivers, or it may simply to ensure that corporate workers are not abusing drugs. If you are concerned about drug testing and how it affects medical marijuana consumption in the state of California, it is important that you take the time to understand the law. The following are some of the most frequently asked questions regarding the issue of employee drug testing in California. Is it legal for your employer to demand that you take a drug test? If you are going through the job application process, an employer [...]
Can I trust my boss after a work injury?
If you have been injured while at work in the state of California, it is likely that you will be considering making a claim for workers' compensation. In the majority of situations, you are within your rights to do this. However, you must make sure to take action as soon as possible. If you notify your employer too late, you may no longer be able to make a successful claim. It is important to know the role that your boss plays in the claims process additionally. Your employer is essentially a middle man, working between you and their insurance provider. It is important that you do not automatically trust your employer to make the right decisions for you, and that you take the time to understand how the law works for yourself. Don't believe everything that your employer says, and research the law yourself It is quite common for employers [...]