By Marissa Boling Receiving a lengthy, complex, legal-jargon-filled notice about your likely involvement in a class action settlement can be overwhelming. However, understanding these notice letters is essential for making informed decisions about your inclusion in the lawsuit, potential compensation, and your rights. This glossary simplifies the most common terms in settlement notices to help you fully comprehend your rights and next steps. What is a Class Action Settlement? A class action settlement is an agreement to resolve a lawsuit filed on behalf of a large group of people, known as a “class,” who have been affected by the same ...

By Juan Flores After an injured worker has filed a workers’ compensation case, it is likely that they will undergo an evaluation by a Qualified Medical Examiner (“QME”) or an Agreed Medical Examiner (“AME”). This process is called the medical-legal process. A QME is designated after both the Applicant and the Defense have had an opportunity to strike one of the doctors from a panel list of three doctors that is issued by the Workers’ Compensation Medical Unit – the remaining doctor not struck by either party is then designated as the QME. An AME is a doctor that is ...

By Adriana Valdez In the complex landscape of workers' compensation, the rights of undocumented workers often raise critical questions. In California, the laws surrounding these rights have evolved to ensure that undocumented workers are afforded certain protections despite their immigration status. The Legal Framework California Labor Code Section 3351(a) defines an employee as "Persons who are not citizens or nationals of the United States." This definition encompasses both documented and undocumented workers. Documented workers have legal permission to work in the U.S., typically through a green card, while undocumented workers do not. Despite this distinction, California law does not differentiate ...

By Shounak Dharap Introduction Imagine you've worked tirelessly for months, earning accolades and demonstrating exceptional leadership, only to find yourself abruptly ousted from your role without clear explanation. This unsettling reality underscores the complex issues of constructive termination and workplace discrimination. This article delves into these nuanced legal topics, offering insights for individuals facing similar challenges. We will explore the legal principles, procedural steps, and real-world implications, all through the lens of a hypothetical case study. By the end, you'll have a clearer understanding of your rights and potential legal recourse. In this article, we will cover: Understanding Constructive Termination ...

By Zachariah D. Hansen Have You Suffered an Injury on Top of a Pre-existing Disability? In the world of workers' compensation, things can quickly become complicated, especially if you have a pre-existing disability and then suffer a new injury at work. You might be wondering, "Am I eligible for any additional benefits?" This is where the Subsequent Injuries Benefits Trust Fund (SIBTF) comes into play, a program that could provide the financial support you need to navigate these challenging circumstances. What Exactly is the Subsequent Injuries Benefits Trust Fund? Think of the SIBTF as a safety net designed specifically for ...

By Juan Flores In situations where a worker is injured on the job while working for an unlicensed contractor, it may seem like there is no possible remedy. Unlicensed contractors usually do not have workers’ compensation insurance that will issue indemnity payments to their injured employees or pay the injured workers’ resulting medical expenses. In such a scenario, it may appear that an injured worker has no right of action or recovery against anyone besides the unlicensed contractor (who also likely does not carry liability insurance if sued directly). However, all hope is not lost for this injured worker. California ...

By Adriana Valdez Workers' compensation is designed to protect employees in the event of work-related injuries or illnesses, providing essential support during difficult times. However, when employers engage in premium fraud—such as underreporting employees—the consequences extend far beyond financial implications. What is Workers' Compensation Premium Fraud? Employers can commit Insurance Code 1871.4 workers’ comp fraud by making false or fraudulent statements or representations. Workers' compensation premium fraud occurs when employers misrepresent information to lower their insurance costs. Common tactics include misclassifying employees, underreporting payroll, or failing to report the actual number of employees. This includes paying employees in cash. These ...

By Calder Marchman As the effects of climate change become more pronounced, the potential for extreme ecological disasters becomes more commonplace. For California residents, the threat of wildfires looms all too familiar in the dry months of summer and early fall. Despite the “wild” label, many of these fires are caused by human negligence. In fact, a recent audit found that six of the twenty most destructive wildfires in California since 2015 were caused by poorly maintained electrical infrastructure, including the 2018 Camp Fire that destroyed the town of Paradise and remains the single most deadly and destructive fire in ...

By Alex Smock What to know about navigating a case against a defendant in bankruptcy Imagine you have a personal injury case against the driver of a vehicle, a company that caused your injury while you were working on the jobsite, or the store where you slipped and fell on a wet floor. Then one day, the company files for bankruptcy and your legal case is “stayed”—basically, put on ice until the bankruptcy is concluded. It’s an all-too-common scenario. While bankruptcy issues are always best brought to the attention of an experienced bankruptcy attorney, here is a brief look at ...

By Shounak S. Dharap Most people have a vague idea of what a lawsuit entails, often based on dramatized TV shows like "Suits" or "Law and Order." However, these representations are far from the reality of civil litigation, which involves one entity suing another in court. Let's break down the actual steps involved in a lawsuit, highlighting the crucial stages from client intake to potential appeals. Client Intake The lawsuit process begins with client intake. If you've suffered harm and seek legal advice, you'll reach out to a lawyer. Many plaintiff's lawyers work on a contingency basis, meaning they take ...