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Month: August 2019

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Enjoy a Safe Labor Day Weekend!

Topics: From Our Office

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[vc_row][vc_column][vc_column_text]From all of us at the Law Offices of Scott Warmuth, have a fun, safe Labor Day holiday! An important reminder: never drink and drive. Labor Day weekend is one of the deadliest weekends on the roads because of alcohol use.  If you are traveling at all over the long weekend, be extra vigilant. If you suspect any driver of being under the influence, call 911. Labor Day is a U.S. federal holiday on the first Monday of September.  Please note that our offices will be closed on Monday in observance.[/vc_column_text][/vc_column][/vc_row]
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Your Workers’ Compensation Claim Was Denied – What’s Next?

Topics: Workers' Compensation

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[vc_row][vc_column][vc_column_text]A workers' compensation claim denial can cause injured workers a lot of grief, anger, and confusion.  Insurance companies may deny a claim for several reasons: reasons that most injured workers would likely disagree with.  A denial should not, however, cause injured workers to despair.  It may seem counter-intuitive, but a denial doesn't mean the end of your workers' compensation claim.  Even after a denial of benefits, injured workers have the option to appeal their denied claims to the Workers' Compensation Appeals Board (WCAB).  And according to research, 2 out of every 3 workers who appeal their denied claim ultimately received benefits. Injured workers who have had their workers' comp claim denied should immediately contact a qualified workers' compensation law firm.  We suggest immediately because there are specific deadlines that must be met in order to pursue an appeal.  The workers' compensation appeals process is complicated, but an experienced attorney can help you collect the appropriate evidence and file all paperwork on time.  Specifically, a Petition for Reconsideration must be filed with the WCAB within 20 days of receiving a claim denial (25 days if the denial was sent by mail). Workers' compensation claims can be denied for many reasons, but some of the most common reasons are lack of medical evidence, preexisting conditions, failing to report the injury, or lack of an injury at all.  A denial will often be reversed upon appeal by providing the proper documentation.  Lack of medical evidence?  Provide the insurance company with the medical evidence documenting your injury.  Preexisting condition?  Provide the proof and documentation that shows your work injury aggravated the original injury or was separate from your old injury altogether.  Failure to report the injury?  Provide proof that the business was aware of your injury when it occurred.  A skilled attorney can help you find the appropriate evidence and present it in the best possible way to reverse your denial. Filing an appeal to WCAB will not necessarily result in a hearing and judgment.  Insurance companies, when provided the new evidence countering their initial denial, may wish to settle your case.  Your attorney will negotiate a settlement on your behalf, often resulting in a greater benefits award than had your initial claim simply been accepted.  According to research by Lockton Analytics, initially accepted claims averaged $10,153 in benefits.  Initially denied claims averaged $15,684 in benefits, a nearly 55 percent increase. It's important to note that every legal case and insurance claim is unique and there is no guarantee of success when appealing a workers' compensation denial.  The Law Offices of Scott Warmuth offers workers' compensation legal services on a contingency fee basis.  If we are unsuccessful in appealing your workers' compensation claim denial, you will not owe any attorney fees.  For a free legal consultation, call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
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Becoming a Safer Pedestrian

Topics: Personal Injury

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[vc_row][vc_column][vc_column_text]Walking anywhere there may be vehicle traffic requires awareness, precaution, and vigilance - for both pedestrians and drivers.  This may sound like hyperbole, but according to the National Highway Traffic Safety Administration (NHTSA), there were 5,977 pedestrians killed across the U.S. in 2017.  On average, a fatal pedestrian accident occurred every 88 minutes that year.  Pedestrian safety is something every person should know and every child should learn, as it can reduce the risks of a collision or injury. For Pedestrians Be seen - If a driver cannot see you, he or she cannot react to your presence.  Wear clothing that can be seen easily by cars, especially at night.  At intersections, try to make eye contact with drivers to ensure they are aware of you. Be alert - Distracted walking can be dangerous.  Looking at a phone takes your eyes off potential hazards.  Wearing headphones leaves you unable to hear warning signs of trouble.  Not paying attention to traffic, or even the sidewalk, can result in injury. Be aware - Identify possible signs of danger.  If you see a car turning, do not assume that a driver sees you.  If you see a car backing out of a driveway, do not assume that the driver will look for pedestrians.  Continuously scan the scene to ensure you are safe. Be vigilant - After identifying signs of danger, react accordingly.  Avoid being in an intersection into which a vehicle is turning.  Avoid standing in a driveway behind a reversing vehicle. Be law abiding - Follow all posted signs and signals intended for pedestrians.  Always cross streets at designated crosswalks or intersections when available. Be safe - Walk on the sidewalk if one is available.  If there is no sidewalk, walk against traffic while staying as far away from vehicles as possible.  When crossing a street or intersection, even if you have the right of way, never assume a driver will give you the right of way. Be sober - Pedestrians under the influence of drugs or alcohol place themselves at greater risk of a pedestrian-involved crash.  Impaired decision-making skills and slower reaction times can lead to disaster. For Drivers Be courteous - Always yield to pedestrians, allowing them plenty of space to cross safely.  Slow down as you approach marked crosswalks.  Never overtake stopped or slowing vehicles at crosswalks - they may be stopped for pedestrians! Be careful - Observe all posted warnings and follow posted speed limits, especially in residential areas. Be observant - Be on the lookout for pedestrians, especially in low visibility situations. Be attentive - When backing out of a parking spot or driveway, turning at an intersection, or approaching crosswalks, always check for pedestrians. Be sober - Never drive under the influence. Pedestrian Injuries Pedestrians following the rules of the road who are struck by vehicles may be entitled to compensation for any injuries sustained in a collision.  The Law Offices of Scott Warmuth's personal injury attorneys can help victims find doctors and pursue insurance claims.  We offer free consultations.  Call us today at 888-517-9888![/vc_column_text][/vc_column][/vc_row]
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New Immigration Policy Aims for Indefinite Detention of Families

Topics: Immigration

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[vc_row][vc_column][vc_column_text]The Trump administration is seeking to supersede the Flores agreement, a court settlement stemming from a Supreme Court case that limits the length of time the federal government can detain migrant children at 20 days.  The Flores agreement became national news recently when the Department of Justice argued in federal court that detained migrant children were not entitled to basic hygiene products, including soap and toothbrushes.  The federal government lost that court case and its appeal. The new policy would remove the 20 day time limit, allowing for the indefinite detention of migrant families.  The new immigration rule expects that cases will be adjudicated within two months, even though the average court wait across the country is currently much longer than two months.  But even just two months is three times the length that children can currently be detained.  There are nearly 1 million pending immigration court cases across the country. The much maligned family separation policy was due in part to the restrictions of the Flores agreement.  Migrant children had to be released within 20 days, but their parents or guardians were not.  Under previous administrations, to comply with the Flores agreement, migrant families were usually released into the United States to await their court dates.  According to immigration court statistics, about 86 percent of migrant families released into the U.S. ultimately attended their immigration hearings. The new rule to replace the Flores agreement is set to take effect in 60 days, but will likely face court challenges.  The purported goal of the new rule is to deter migration by threatening a long detention for migrants and their children. Read the full news story here. Immigration laws continue to evolve rapidly.  The Law Offices of Scott Warmuth immigration lawyers work hard to stay on top of all changes to immigration law in order to best serve our clients seeking visas or green cards in the United States.  For a free immigration consultation, call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
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Know Your Rights – Driving Under the Influence

Topics: Criminal Defense, From Our Office

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[vc_row][vc_column][vc_column_text]Abogada defensora Yesenia Acosta discusses your rights after being charged with driving under the influence.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width="1/6"][/vc_column][vc_column width="2/3"][vc_video link="https://www.youtube.com/watch?v=xf71uW-v5x8"][/vc_column][vc_column width="1/6"][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Watch all of our information videos on the Law Offices of Scott Warmuth YouTube Channel.[/vc_column_text][/vc_column][/vc_row]
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New Public Charge Policy Officially Announced

Topics: Immigration

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[vc_row][vc_column][vc_column_text]In a widely expected move, the Trump administration has announced a change to immigration regulations that would alter the label of 'public charge' to include anyone receiving common public benefits, such as food stamps or Medicaid.  The changes are set to be implemented in 60 days, but will likely be challenged in court.  Many immigrants to the United States are legally entitled to receive the government benefits that could prevent them from receiving a green card or visa. The proposed new rules for being considered a public charge were published for public comment late last year, with rumors about the changes surfacing even earlier.  Since the rumors began, according to the nonprofit research organization the Urban Institute, 13.7 percent of adults in immigrant families actively avoided receiving public benefits that would be grounds for being considered a public charge.  It should be noted that the rule on accepting non-cash public benefits will not be retroactive.  If an immigrant has previously accepted food stamps, housing assistance, or Medicaid benefits, he or she would not automatically considered a public charge. Another change included in the new rules is the consideration of whether or not an immigration will become a public charge.  New criteria will be used to determine if an immigrant is considered likely to become dependent on the government for assistance.  The list of criteria include household income, chronic medical conditions, possession of medical insurance, credit score, education level, English skills, and community support.  It's unclear how exactly these criteria would be used to determine eligibility for a green card.  Immigration experts believe that the changes would significantly lower legal migration rates from poorer countries. See the full news story here. It's hard to say what the outcome of this rule change will ultimately be or how it will affect any particular U.S. immigrant.  As always, the immigration attorneys at the Law Offices of Scott Warmuth will be monitoring the effects of the new rule changes.  Immigrants seeking entry to the United States should consult with an immigration attorney to determine if this, or any other changes to immigration law, will affect them.  For a free consultation, call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
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Stopping for School Buses

Topics: Auto Accident

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[vc_row][vc_column][vc_column_text]The new school year rapidly approaches.  It won't be long before the back-to-school sales turn into back-to-school drives featuring those large, bright yellow carriers of schoolchildren, the school bus.  One rule of the road that is often met with confusion deals with school buses.  Specifically, when does one, as the driver of another vehicle, have to stop for a school bus when the red lights are flashing and the stop sign arm is extended? The specific legal statute that deals with stopping for a school bus is listed explicitly in the California vehicle code.
CHAPTER 8. Special Stops Required [22450 - 22456] 22454.(a) The driver of any vehicle, upon meeting or overtaking, from either direction, any schoolbus equipped with signs as required in this code, that is stopped for the purpose of loading or unloading any schoolchildren and displays a flashing red light signal and stop signal arm, as defined in paragraph (4) of subdivision (b) of Section 25257, if equipped with a stop signal arm, visible from front or rear, shall bring the vehicle to a stop immediately before passing the schoolbus and shall not proceed past the schoolbus until the flashing red light signal and stop signal arm, if equipped with a stop signal arm, cease operation. (b) (1) The driver of a vehicle upon a divided highway or multiple-lane highway need not stop upon meeting or passing a schoolbus that is upon the other roadway. (2) For the purposes of this subdivision, a multiple-lane highway is any highway that has two or more lanes of travel in each direction.
In plain language, this means that if you are driving behind a school bus and its flashing red lights, has an extended stop sign, or both, you must stop for the bus and remain stopped until it's no longer flashing red lights. This applies to every lane traveling in the same direction as the bus, regardless of how many lanes there are. If you are approaching a bus traveling in the opposite direction with red lights flashing or stop sign extended, you will need to stop if the road has fewer than 2 lanes in each direction and the road is not separated by a median.[/vc_column_text][vc_row_inner][vc_column_inner width="1/6"][vc_single_image image="3811" img_size="full" add_caption="yes"][/vc_column_inner][vc_column_inner width="1/6"][vc_single_image image="3812" img_size="full" add_caption="yes"][/vc_column_inner][vc_column_inner width="1/6"][vc_single_image image="3813" img_size="full" add_caption="yes"][/vc_column_inner][vc_column_inner width="1/6"][vc_single_image image="3815" img_size="full" add_caption="yes"][/vc_column_inner][vc_column_inner width="1/6"][vc_single_image image="3816" img_size="full" add_caption="yes"][/vc_column_inner][vc_column_inner width="1/6"][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Failure to stop for a school bus when legally required to can result in a fine of up to $1,000 and a driver's license suspension of up to one year.  Even in the circumstances where you are allowed to pass a stop school bus, remain extra vigilant!  It's safe to assume that children will be exiting the bus and could unexpectedly dart into traffic. The Law Offices of Scott Warmuth helps people who have been injured in car accidents.  Call us today at 888-517-9888 to receive a free consultation.[/vc_column_text][/vc_column][/vc_row]
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Faking a Work Injury is a Bad Idea

Topics: Workers' Compensation

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[vc_row][vc_column][vc_column_text]Workers' compensation is a program designed to help people who were injured on the job.  Unfortunately, some workers, employers, doctors, and insurers try to take advantage of the system.  Incidents of workers' compensation fraud make the entire system less affordable for employers, less reliable for injured workers, and less trusted by everyone.  Fears of fraud and increased costs in the system were reasons that led to California's 2004 workers' compensation reform legislation SB 899, which severely cut benefits and limited treatment options for injured workers. One of the most recognized types of workers' compensation fraud is faking a work injury.  This type of fraud can happen in a few different ways.
  • Filing a workers' compensation claim for an injury that did not occur
  • Filing a claim for an injury that occurred outside of work hours
  • Filing a claim that resulted from a staged accident
  • Filing a claim for a serious injury when the sustained injury was minor
It's important to note that making a false or fraudulent workers’ compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.  Most employers will investigate any work injuries they consider suspicious.  There are many circumstances that employers may consider suspicious, including:
  • Delayed reporting of the injury
  • Report filed first thing Monday morning
  • Report filed before or after employment termination or layoff
  • No witnesses to the incident
  • Refused treatment
  • Reported injury not confirmed by medical examination
Reporting a fake work injury for the purpose of collecting workers' compensation benefits is simply not worth the punishment if you get caught. However, if you do suffer an injury at work, it's important to report it promptly and seek immediate medical treatment, then contact an experienced workers' compensation law firm, like the Law Offices of Scott Warmuth.  We offer free consultations in English, Spanish, Mandarin, and Cantonese.  Call us today at 888-517-9888!   [/vc_column_text][/vc_column][/vc_row]
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Attorney Yesenia Acosta Quoted in Forthcoming Book

Topics: Auto Accident

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[vc_row][vc_column][vc_column_text]Law Offices of Scott Warmuth expert immigration attorney Yesenia Acosta has been quoted in the forthcoming book Transnational Marriage Migration and Partner Migration: Constellations of Security, Citizenship, and Rights, by author Eithne Luibheid.  Attorney Acosta was interviewed in 2017 about how gathering evidence for immigration interviews is more difficult for same-sex couples seeking legal immigration status on the basis of marriage.  Attorney Acosta has long been an advocate of LGBTQ rights, and she is highly sought out by same-sex couples for assistance in their immigration cases. Same-sex marriage is currently legal in 28 countries.  It only became legal in the entirety of the United States in 2015 after the supreme court case Obergefell v. Hodges.  Because of these limitations, same-sex couples seeking green cards in the United States may not be able to provide the same level of marriage evidence that straight couples have.  Same-sex couples seeking immigration are often married for fewer years and may not have announced their marriage, or even their relationship, to family members. Eithne Luibheid is a professor in the Gender and Women's Studies Department at the University of Arizona.  The book Transnational Marriage Migration and Partner Migration: Constellations of Security, Citizenship, and Rights will be available from Rutgers University Press soon.[/vc_column_text][/vc_column][/vc_row]