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Van Nuys Workers' Compensation Law Blog

Worker injured when car slams into restaurant

A Southern California restaurant worker was injured recently when a car crashed into his workplace, striking him and sending him sliding across the floor. He was treated for scrapes, cuts and bruises and was expected to be out of work for at least a few days.

The driver reportedly told police she had accidentally stepped on her accelerator when she meant to hit the brake.

Get started promptly with your injury claim

Timing is important in workers' compensation law.

After you have been injured at work, report your injury to your employer as soon as possible. If you have been injured through repeated exposures to something, like loud noises or repetitive motion, report the injury to your employer as soon as you believe the problem was caused by your work.

Local police hand man over to ICE despite sanctuary law

As the Trump administration continues its high-profile efforts to crack down on illegal immigration, California's sanctuary law aims to provide immigrants with some protection. The California Values Act, which went into effect last year, limits local law enforcement agencies in their ability to work with federal agencies on immigration law.

The California law remains highly controversial, with some local governments and police departments openly objecting to it. Others say they have not received sufficient training on how to comply with the state law.

They filed a workers’ comp claim for what??

Workers compensation claims are filed all the time for all different reasons. Some of the most common workplace injuries involve power tools, falls, motor vehicles and electrical shock. . While many workers compensation claims are similar, there are a few claims that have been filed for some very bizarre reasons.

 

California opens Medicaid to some undocumented immigrants

Immigration policy is in the news nearly every day this summer, mostly with incredibly disturbing stories about how immigrants are being treated. Fortunately, not all the immigration news is bad. While the federal government's crackdown on immigration continues, California is taking some steps to make things easier for immigrants.

Recently, California became one of the first states to offer Medicaid health benefits to young adults who are undocumented immigrants. Under a new bill signed into law by Gov. Gavin Newsom, low-income adults ages 18-25 are eligible for California's Medicaid program regardless of their immigration status. Applicants must show that their income is below a certain specified amount.

Staying cool while working in hot temps

California summers are known for their sunshine and beautiful weather. However, when you’re working outside these pleasant temperatures can quickly turn dangerous.

Heat-related injuries are a major issue for those whose jobs require them to be outside. Here are a few ways you can stay cool while working outside this summer:

The right approach to identifying your immigration legal issue

Many of our readers in California have probably never been involved in any type of legal proceeding, but those facing immigration issues know that these cases can become quite complex in a hurry. The right approach to identifying exactly what type of immigration issue you are facing is crucial.

For example, perhaps you have been in America as a legal immigrant for quite some time but, due to changes in the law, you want to determine if you need to know about an adjustment in your legal status. Or, perhaps an application for a visa was denied and you need to appeal that decision. In some of the worst-case scenarios, a California resident might even face criminal charges related to immigration law. Whatever the issue, it is necessary to determine how the problem can, hopefully, be resolved.

How to file a case to the denial of your claim

For most of us, it is disappointing to be informed that our workers' compensation claim has been denied. It is not unusual for the employer or the employer's insurance service providers to dig up causes for rejecting that the victim was really an employee, or the injury took place at work. However, if you believe that your compensation benefits have been turned down incorrectly by your claims administrator or the insurance service provider, you have the right to challenge the denial. You can file an appeal at one of the division's 24 offices and a workers' compensation administrative law judge would hear your case.

But to begin with you should know why the claim was denied. This is the primary thing that every employee requires to understand. There can be many reasons for it. It could be denied for merely not matching the eligibility norms, for example getting injured while away from work. It can also be for lots of other reasons such as the accident not reported in time, claim not filed within stipulated time, no medical treatment received for the injury and lack of sufficient evidence that the injury occurred at work.

SCOTUS rules against employees banding together

In situations in which a worker is injured while fulfilling their job responsibilities, the injured worker is almost always the most vulnerable party. Most workers do not have the means or resources necessary to advocate for themselves against the deep pockets of their employer. 

While it's no secret that injured workers are often left with crippling medical expenses and a loss of income, the U.S. Supreme Court recently ruled against injured workers banding together to file class action lawsuits to collect the compensation needed for them to move forward.

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