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Van Nuys Workers' Compensation Law Blog

Horseplay at work could eliminate your workers’ compensation

As the adage goes, “it’s all fun and games, until someone gets hurt.” In the workplace, the meaning of this expression becomes even more critical.

Most employers do not tolerate outrageous horseplay in the workplace. However, that does not always stop employees from engaging in unruly behavior. Unfortunately, this reckless behavior often puts employees at risk of an injury. And these injuries are not covered by workers’ compensation.

California bans for-profit prisons and detention centers

Gov. Gavin Newsom recently signed legislation preventing California from renewing or entering into contracts with for-profits entitles to operate prison and immigration detention facilities.

The bill, Assembly Bill 32, will prevent the state from entering into or renewing contracts for the operation of prison and immigration detention facilities by for-profit entities after January 1, 2020. All such facilities that are currently operating in the state will be phased out by January 1 2028.

What should I know about permanent work immigration?

With the current system of immigration in flux, many people are fearful as to how pending and proposed changes will impact them and their families. Although there is substantial rhetoric as to how work immigration, visas, a green card and other immigration concerns are addressed, the current laws are relatively static to what they have been in the past.

People who are trying to come to California to work and be permanent workers should know what the rules are and how workers will be categorized. Legal advice can be beneficial with these cases.

New law could greatly expand workers' compensation

The California workers' compensation system requires employers to carry insurance that will pay benefits for their employees who are injured on the job. But what if the employee is technically not an employee, but an independent contractor?

This is an issue that has troubled workers, companies and courts for decades, and especially in recent years as the more workers have earned their livelihoods through the so-called gig economy. Companies such as the ride-sharing service Uber argue that their drivers should be classified as independent contractors, not employees, and therefore the company is not required to carry workers' compensation coverage or provide other benefits that are mandatory for most full-time employees.

Can undocumented workers receive workers’ compensation?

The short answer is yes. The long answer is more complicated – for the general contractor or other employer. Manual labor industries, especially agriculture and construction provide many undocumented immigrants with job opportunities. According to the Pew Research Center, agriculture jobs construction jobs accounted for 30% of the jobs performed by undocumented workers in 2014.

Even so, these employees have a right to workers’ compensation. It’s required for all employees. Some states make it very clear that non-resident workers are to be provided workers’ comp.

Can you return to work before you’ve completely recovered?

As a construction worker, you regularly put your body to the test. Through lifting, pushing and pulling all day, every day, you can easily strain your back. And considering the heights you climb to, the balance much of your work requires and the amount of equipment around you, there is virtually always a risk of serious injury.

Getting hurt on the job can result in a workers’ compensation claim to help you manage your finances while you are unable to complete your regular work duties. And after recovering from job-related medical problems, your boss must allow you to return to work.

4 common food service injuries

Working in the food service industry is notoriously hard. You have to deal with rude and entitled people, be on your feet for long periods of time, and often work an inconsistent schedule with long hours.

As if it weren’t difficult enough already, food service workers are also frequently vulnerable to serious injuries simply due to the nature of their job. These are a few of the most common injuries that food service workers get on the job.

Change in citizenship policy creates confusion

The Trump administration has been consist in cracking down on immigration, and so when U.S. Citizenship and Immigration Services announced late last month that it was changing its policy toward children born abroad to U.S. citizen parents, many immigration advocates assumed the worst. Headlines declared that children born overseas to U.S. military service member parents would now no longer automatically receive U.S. citizenship.

Soon, the USCIS and the Homeland Security Department issued a new statement to attempt to calm the public and explain what the policy change really means. But the confusion remains.

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.

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