Author: The Arns Law Firm
The Hidden Risks of Workers’ Compensation Premium Fraud: Employee Perspective
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 ...
The Forest for the Trees: Habitat Equivalency Analyses as an Innovative Basis for the Compensation of Wildfire Victims
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 ...
They filed for bankruptcy, what can I do?
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 ...
Understanding the Lawsuit Process: From Start to Finish
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 ...
Fighting Giants: The Civil Roots Origins of Class Action Litigation
By Shounak S. Dharap Have you ever gotten a notice in the mail telling you that you're entitled to some money in a class action you didn't even know you were a part of? Most people don't realize that class actions like this have their roots in the civil rights movement and exist as some of the most powerful tools for folks to band together to take on corporate giants and governments. From fighting consumer fraud to tackling environmental disasters, class actions drive real change and hold the powerful accountable. In honor of Juneteenth, we’ll discuss how this tool—born from ...
I Have A Workers’ Compensation Case – How Do I Know If My Disability Benefits Are Accurate?”
By Zachariah D. Hansen California's workers' compensation system provides essential financial support to employees who suffer work-related injuries or illnesses. A pivotal part of this system is the calculation of temporary disability (TD) benefits, which is determined by California Labor Code Section 4453(c). TD benefits are wage-replacement benefits typically paid soon after a worker first gets hurt and has an accepted claim. Section 4453(c) outlines how TD benefits are calculated based on various scenarios related to the injured worker’s earnings and circumstances. This post will discuss the details of Section 4453(c), explaining how TD benefits are determined and applied in ...
Is Your Employer Stealing from You? A Handy Guide to Spotting Wage Theft
By Shounak Dharap Wage theft is the illegal practice of not paying workers for all their work, and encompasses various forms of wage law violations. In California, tens of thousands of workers lose millions of dollars in wage theft by employers every year. This article is a reference guide to some of the most common areas of wage theft: minimum wage, overtime, tips, meal and rest breaks, reimbursements, and employee misclassification. Minimum Wage Minimum wage laws set the minimum hourly pay an employer must provide to an employee. As of January 1, 2023, the minimum wage in California is $15.50 ...
Case Against the Machine: When Rented Equipment Causes Personal Injury
By Juan Flores Regardless of what construction trade you work in, it is almost certain that you’ve been in a situation where you, a coworker, or an employee of a different company than your employer have utilized a piece of machinery that was rented from a commercial lessor of construction equipment. For example, you’re a painter or electrician and need a scissor lift to reach overhead work areas, or maybe you’re a laborer and you’re using a vibratory compaction tamper (or plate compactor) to level out the ground after filling an excavation. Construction companies regularly rent equipment from reputable commercial ...
Basics of Uninsured and Underinsured Motorist Coverage in California
By Robert Foss Note: This blog post is intended to offer a high-level view of Uninsured and Underinsured Motorist insurance, and how it might affect individuals injured by a negligent driver. The details are often technical and very situation-specific. If you have been injured in a motor vehicle collision and have any reason to believe that the at-fault party may not have insurance or has insufficient insurance, you should immediately contact a lawyer and your insurance provider. California Law requires that drivers maintain at least minimum levels of coverage for their automobiles, yet more than 16% of drivers on the ...
Holding Companies Accountable When They Allow a Breach of Your Personal Data
By Truong Pham Understanding Data Breach A data breach is the unauthorized access or disclosure of sensitive or confidential information by a third-party. This unauthorized access can occur through various means, including cyberattacks, inadequate data security practices, vulnerabilities in third-party systems and software, ransomware, malware, and phishing. Data breaches are motivated in part by financial gain. In some instances, hackers gain unauthorized access to vulnerable computer systems or networks to steal sensitive information, personal information, or financial information belonging to individuals whose data is stored within. Information stolen as a result of a data breach can be used for malicious ...