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California’s Most Dangerous Jobs

Topics: Workers' Compensation

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[vc_row][vc_column][vc_column_text]In any job, there is always the risk of injury.  Some industries and jobs, however, see a greater incidence of workplace injury.  There are a few ways to measure workplace dangers: One can look at the greatest number of injuries per job, the greatest number of injuries per worker, or the greatest number of fatalities per worker and get an idea of what jobs are among the most dangerous.  Statistics exist for each of these categories. The overall number of injuries and illnesses is probably the least accurate way to determine a job's danger.  A job where 20 workers are injured in an occupation that only has 100 workers is in reality much more dangerous than a job where 30 workers are injured in an occupation with 1000 jobs, even though there were more injuries in the latter job.  Using this metric, the U.S. Department of Labor, Bureau of Labor Statistics has data that show non-construction labor is the most dangerous job in 2017, accounting for 7.3 percent of all injuries and illnesses.  Truckers were next, with 5.4 percent, then custodians with 4.0 percent.  Rounding out the top five were nursing assistants (3.9 percent) and repair workers (3.5 percent). Using data from the number of injuries per worker is a much more accurate guide.  With this metric, using 2015 data, ranching and animal husbandry is the most dangerous job, with about 6.6 injuries per 100 workers.  Following closely behind are nursing home workers, with 6.5 injuries, and couriers and bike messengers, with 6.4 injuries.  Woodworkers were listed fourth with 5.9 injuries per 100 workers, while airline workers were fifth with 5.8 injuries.  It's very easy to imagine how many workers in these professions can suffer injury. If we consider that the most dangerous jobs are actually the deadliest jobs, three of the previously mentioned most dangerous jobs are also the most deadly.  In fact, those two are the deadliest.  Using the metric of annual fatality rates in California from 2012 to 2016, woodworkers, specifically logging workers, suffer the highest rate, making it the deadliest job.  For every 100,000 workers, 165.7 workers are killed in the logging industry.  The second deadliest job is airline pilot, with 46.5 work fatalities per 100,000 workers.  Truck driving is third, with 42.8 fatalities.  Construction workers suffer the fourth highest rate of fatalities at 23.6 while taxi drivers and welders tie in fifth at 16.4 per 100,000.  According to these numbers, logging is more deadly than the next five deadliest jobs. The fact that all workers face dangers when on the job is the reason workers' compensation exists.  If you suffer an injury on the job, regardless of fault, you are entitled to medical treatment and disability pay.  If you have suffered a work injury, the Law Offices of Scott Warmuth can help you with your claim.  Call us today at 888-517-9888 for a free legal consultation.[/vc_column_text][/vc_column][/vc_row]
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Presidential Candidate Releases Immigration Plan

Topics: Immigration

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[vc_row][vc_column][vc_column_text]Presidential candidate Beto O'Rourke, a former congressman from Texas, has released a comprehensive immigration plan that would provide a pathway to citizenship for about 11 million undocumented immigrants living in the United States.  It's likely that we will see many more potential immigration plans released in the run up to the 2020 presidential election.  It's less likely that any of these plans will be enacted completely.  Immigration policy remains incredibly divisive in the current political climate. Bullet points of the new proposal include:
  • Immediate citizenship options for young immigrants who were brought to the United States as minors (commonly referred to as Dreamers)
  • Immediate citizenship options for immigrants with temporary protected status (TPS)
  • Easier application guidelines for permanent legal residents to become a citizen
  • An end to certain Trump administration immigration policies, including family separation
  • Investment money for certain countries in Latin America
The Trump administration released its own immigration plan a couple of weeks ago.  The bullet points from that proposal are markedly different than the plan released by candidate O'Rourke and do not address similar aspects of the immigration system.
  • Change the considerations for who is able to enter the United States to focus more on educational background and employment prospects
  • Upgrade the infrastructure at points of entry and construct physical barriers
  • Does not significantly affect the overall number of immigrants who are permitted entry to the United States
Immigration law has already seen many changes under the Trump administration.  The immigration system could also see many more changes and revisions under other administrations in the future.  As a law firm that handles immigration matters, the Law Offices of Scott Warmuth monitors all possible developments of immigration law that may occur in the future, and how those changes could affect our clients.  If you or your business is seeking assistance with the immigration process, our immigration law experts can help.  Call us today at 888-517-9888 to schedule a free consultation.[/vc_column_text][/vc_column][/vc_row]
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Have a Safe Memorial Day Weekend!

Topics: From Our Office

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[vc_row][vc_column][vc_column_text]AAA expects about 43 million people across the country will be traveling for the unofficial start of summer, with 37.6 million of us driving.  And with many backyard barbecues being planned, not only do you have to worry about more cars on the road, but more drunk drivers as well.  Memorial Day weekends sees more traffic fatalities than any other holiday weekend. Memorial Day is intended as a remembrance and honoring to everyone who has died while serving in the United States military.  To all of our soldiers, sailors, marines, airmen, and guards, past and present: thank you for your service. The Law Offices of Scott Warmuth wishes a safe Memorial Day weekend to everyone![/vc_column_text][/vc_column][/vc_row]
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Street Racing is Incredibly Dangerous

Topics: Auto Accident

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[vc_row][vc_column][vc_column_text]A catastrophic crash that killed four people on the 710 this morning in South Gate is a chilling reminder of the dangers of street racing.  Though police are not certain of the cause of the crash, they received several reports of street racing in the time leading up to the crash, leading many to believe that the incident was the result of street racing.  What is known for certain is that a BMW traveling at a very high rate of speed collided with a pole near Firestone Blvd, killing the driver and three passengers. According to the Los Angeles Times, between 2000 and 2017, street racing has been implicated in the deaths of at least 179 people in LA County alone.  This number is likely larger.  Most of those killed were not driving, and many were not involved in the street races at all.  Of those 179, 47 percent were street racers, 27 percent were passengers in street racing vehicles, 14 percent were uninvolved drivers or passengers in other vehicles, six percent were uninvolved pedestrians, and five percent were street racing spectators. The dangers of street racing cannot be overstated.  Participants risk serious injury and death for themselves and bystanders.  It's also illegal and could result in fines, jail time, and the impounding of vehicles, even without a crash.  In some cities, spectators can also be arrested and jailed.  Street racers can be found liable for any injuries or damage they may cause.  Just last month, a street racer pleaded guilty to causing a crash in 2016 that killed three and injured four.  The driver was sentenced to 22 years in prison. The Law Offices of Scott Warmuth strongly discourages the practice of street racing.  They can often lead to car accidents, and due to the speeds involved, are more likely to result in serious injuries.  For anyone one involved in a car accident in which you are not a fault, you may be entitled to compensation for your medical bills, missed time at work, property damage, and pain and suffering.  Speak with a car accident expert today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
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Treating a Traumatic Brain Injury

Topics: Auto Accident, Personal Injury, Workers' Compensation

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[vc_row][vc_column][vc_column_text]A traumatic brain injury (TBI) is an extremely serious type of injury that can lead to disability, or even death.  Every day, more than 150 people die due to complications after incurring a TBI.  Any type of head injury can result in TBI, and surviving the injury can lead to lifelong repercussions, including headaches, impaired cognitive function, and/or changes in personality and behavior.  TBIs can lead to expensive medical bills, but victims of car accidents, slip and falls, work injuries, or other accidents can pursue legal damages for their injury.  And thankfully, for many victims of TBI, modern medical treatments can minimize the worst of the side effects and allow them to continue to thrive. Treatment for a TBI will depend on the severity of the injury.  For minor TBIs, it may only take some over-the-counter pain medication and rest to restore the patient to full health.  More severe TBIs can require emergency medical care and extensive treatment.  Immediately after suffering the injury, patients may require more powerful medications, including diuretics, anti-seizure pills, or even coma-inducing drugs.  Emergency surgery may be required to stop bleeding in the brain, remove blood clots, or fix a cracked skull. After the immediate danger has passed, victims with a serious TBI could also face extensive rehabilitation.  Rehabilitation for a TBI is not easy, and could require a range of therapies, including:
  • Physical therapy
  • Occupational therapy
  • Behavioral counseling
  • Speech therapy
  • Language therapy
  • Psychotherapy
  • Vocational training
If you or a loved one has been diagnosed with a traumatic brain injury through no fault of your own, you may be entitled to compensation for your medical bills, missed work, and pain and suffering.  The Law Offices of Scott Warmuth helps the victims of car accidents, work injuries, and other personal injuries seek necessary medical care and recovery.  We take care of the paperwork so you can focus on your recovery.  For a free consultation, call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
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Jury Orders Monsanto to Pay Over $2 Billion to California Couple

Topics: Consumer Law

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[vc_row][vc_column][vc_column_text]Bayer AG, owner of the biotech corporation Monsanto, was ordered to pay $2.055 billion to a California couple who both developed non-Hodgkin's lymphoma after decades of using the weedkiller Roundup on their properties.  This is the third trial resulting in a jury verdict against Monsanto in California.  Last August, a jury awarded $289 million to a 46-year-old terminally ill groundskeeper, and earlier this year, another jury awarded $80 million to a 70-year-old homeowner.  Bayer is appealing the first two verdicts and will likely appeal the newest verdict as well.  Thousands of similar lawsuits are pending. Monsanto continues to insist that Roundup is safe.  Glyphosate, the main ingredient in Roundup, is the most popular herbicide in the world.  In 2015, the International Agency for Research on Cancer (IARC) ruled that glyphosate was likely a carcinogen to humans.  This February, the University of Washington published a meta-analysis study showing that people exposed to glyphosate saw a 41 percent increased risk of developing non Hodgkin's lymphoma.  Internal Monsanto documents released during the trials show a concerted effort to downplay damaging scientific studies, publicize favorable studies, and to even author their own studies showing glyphosate is safe.  Monsanto has yet to conduct any research as to whether or not Roundup is safe. The first jury trial against Monsanto to take place outside of California will occur in St. Louis this August.  Another 10 trials are expected to occur over the next couple of years. See the full news story here. Manufacturers and corporations have a duty to ensure that their products are safe to use.  When a dangerous product causes harm to consumers, a lawsuit can be filed for damages.  The Law Offices of Scott Warmuth helps victims of defective products, including anyone who may developed non-Hodgkin's lymphoma from the use of the weedkiller Roundup.  For a free consultation with an attorney, call us at 888-517-9888.  There are no fees unless we win your case.[/vc_column_text][/vc_column][/vc_row]
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Asylum Seekers Face New Challenges

Topics: Immigration

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[vc_row][vc_column][vc_column_text]People seeking asylum in the United States, especially those from Central America, face new challenges after policy guidelines from the Trump administration and a court ruling were announced this week.  The new policy guidelines directs asylum officers conducting interviews to be more skeptical and confrontational with asylum seekers while the court ruling allows the new practice of forcing Central American refugees to remain in Mexico while their asylum case is being heard. On Tuesday, it was reported by the Washington Post that internal documents and staff emails directed asylum officers to be more aggressive against any perceived problems with an asylum request.  Should any discrepancies arise, asylum officers would need to provide detailed justifications if they believe an applicant has a credible fear of returning to their home country.  They must also take in to consideration anything said to border agents if it conflicts with any statements during the credible fear interview.  This policy change may lead to fewer approvals. It was also recently reported that the Trump administration is seeking to have U.S. Border Patrol agents conduct their own credible fear interviews.  This policy could cause asylum seekers to be deported without the chance to even apply for asylum.  There is currently resistance to implementing this policy from immigration advocates and some Border Patrol officials. Also on Tuesday, a three judge panel on the 9th US Circuit Court of Appeals allowed the Trump Administration to keep some Central American asylum seekers in Mexico while their claims are adjudicated in the United States.  Back in April, a federal judge issued an injunction preventing the policy from taking effect, but was temporarily stayed by the 9th Circuit judges.  The ruling Tuesday granted the stay permanently.  While the legal case over the policy has yet to be decided, the Trump administration can continue to keep certain asylum seekers out of the U.S.  According to Mexico, the policy has affected over 3,000 Central Americans seeking asylum. Immigration law has become much more complicated for immigrants, visitors, and people seeking asylum over the past couple of years.  The Law Offices of Scott Warmuth has been helping immigrants to the United States since 1984.  Our immigration experts seek to simplify the law for our clients.  We offer 100 percent free immigration consultations - call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
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Premises Liability

Topics: Personal Injury

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[vc_row][vc_column][vc_column_text]For most people, the term 'premises liability' sounds like legal jargon that attorneys would use but could never affect them.  That couldn't be further from the truth.  Premises liability law is pervasive, applying to many public and private spaces.  It's designed to protect people from the negligence of homeowners, businesses, and in certain circumstances, the government.  The most important thing to remember about premises liability is that if you become injured due to the negligence of someone else, you can seek financial compensation. Premises liability is a subset of personal injury law.  In a nutshell, it designates that property owners are responsible for the safety of anyone on their property.  Should a visitor on their property become injured, the property owner is helped liable for those injuries.  There are several different variations of premises liability cases, including:
  • Dog bites and other attacks by pets
  • Wet, slippery, or cluttered floors
  • Any dangerous condition on a property
  • Broken stairs or hand railings
  • Lack of building or parking lot security
  • Poorly maintained elevators or escalators
  • Defective lighting
Should an injury, such as a slip and fall, arise from any of the above situations, the injury victim may be able to pursue a premises liability claim against the property owner.  Property owners are responsible for any medical bills, lost wages, damaged personal property, and the pain and suffering of anyone injured on their property due to negligence. Under certain circumstances, governmental entities are also subject to premises liability law.  The government can sometimes be held liable for injuries resulting from poorly maintained sidewalks, obstructed traffic signals, or even badly designed roadways.  Car accident lawyers will often examine the road conditions to see if they played a role in the car crash.  Road conditions that stem from negligence can lead to lawsuits against the government. The Law Offices of Scott Warmuth helps injury victims seek financial compensation due to the negligence of property owners.  For a free legal consultation, call 888-517-9888 today.  An experienced personal injury lawyer can help you win your case.[/vc_column_text][/vc_column][/vc_row]
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Vehicles Keep Getting Safer

Topics: Auto Accident

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[vc_row][vc_column][vc_column_text]Vehicles on the roads have become safer over the years.  Drivers and passengers are routinely walking away from crashes that would have previously caused serious injury or death.  In 2017, there were 1.16 vehicle fatalities per 100 million vehicle miles traveled.  That number has steadily declined for decades as more and more car safety features have been installed and driving laws have changed. In 1959, Volvo developed the seat belt.  That year, there were 5.17 vehicle fatalities per 100 million miles driven.  New York was the first state to mandate seat belt use in 1984.  In 1984, vehicle fatalities had dropped to 2.57 per 100 million miles.  By the time seat belt safety became a nationwide cause in the early 2000s, the rate hovered around 1.5 fatalities per 100 million miles. More and more safety improvements have been made to cars, leading to safer and safer drives.  And with more of these safety systems becoming standard on vehicles, overall driver safety continues to improve.  Seat belts, driver and passenger front air bags, tire pressure monitoring, and electronic stability control are all required by law in newer vehicles.  Many safety features are not required by law but are common in newer model year vehicles, including side and rear airbags, anti-lock brakes, daytime running lights, reverse cameras, and blindspot detection.  Still more advanced safety features are becoming more and more mainstream, including imminent collision warnings, drowsiness detection, active cruise control, lane departure warnings, and automatic emergency braking. The ultimate car safety feature, autonomous driving, is on the horizon.  Self-driving cars aim to remove the cause of about 94 percent of fatal car crashes: drivers.  Only time will tell how effective driverless cars will be in reducing fatal car crashes. Find an interesting infographic detailing the history of car safety here. Even with all of the innovation of vehicle safety features, car accidents still happen.  If you or someone you know has suffered an injury in a car crash, the Law Offices of Scott Warmuth can help you pay your medical bills and seek financial compensation.  Call 888-517-9888 for a free consultation.[/vc_column_text][/vc_column][/vc_row]
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Trump Administration Proposes Asylum Restrictions

Topics: Immigration

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[vc_row][vc_column][vc_column_text]A new directive from the Trump administration seeks to change the rules for asylum seekers, with the purported goal of "strengthening asylum procedures".  The proposed changes seem likely to make it more difficult for people to claim asylum and to make life more difficult for the people who do claim asylum.  The directive calls for asylum cases to be adjudicated within 180 days, denying work permits to anyone crossing the border illegally, and requiring asylum seekers to pay an application fee for both their asylum case and a work permit. Under current rules, asylum seekers can apply for work permits regardless of how they enter the country.  After filing for asylum, applicants can seek a work permit after 150 days.  It's very rare that any work permits are issued within 180 days of an applicant applying for asylum.  In practice, the new rules will effectively cease the issuance of work permits to asylum seekers.  And that's assuming that the asylum seeker has the means to afford their asylum or work permit application. Current law already states that asylum cases should be adjudicated within 180 days, but a lack of judicial resources has led to an increasing backlog of immigration and asylum cases.  There are about 850,000 immigration cases pending, with only 400 or so immigration judges to clear them.  Charging fees for an asylum application is likely designed to discourage people from seeking asylum.  Most asylum seekers flee their home countries with few or no resources.  Under most circumstances, they are unable to receive any federal assistance, and they may not be able to afford legal help that could make the difference in their asylum case. The asylum directive calls for these new regulations to be implemented in 90 days, but it is likely that the directive will face legal challenges and will not be implemented that quickly. See the full news story here. The Law Offices of Scott Warmuth offers a full range of immigration legal services.  For a free consultation, call us at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]