Impact of COVID 19 on Workers Compensation Claims in CA?

How is COVID Impacting workers compensation claims in CA?

Workers’ compensation benefits in California have long provided needed medical care, free of charge, to injured California workers. Additionally, it can provide lost wages, depending on the extent of injury and how long you are expected to be out of work.

Who Gets Workers’ Compensation?

The great thing about workers compensation is that it does not matter who caused the accident or your injury or who is at fault. As long as you were injured while doing your job, a Modesto accident attorney can help you get workers’ compensation benefits for your injuries.

Sometimes it’s easy to show that you were injured at work. For example, if you are a driver and you get into a car accident, or if you are a construction worker and you are injured during an accident on the job site, it is clear that you were injured while at work.

Other times, it may not be so easy to show an injury is job-related, such as when someone contracts a disease or illness while at work. Because we can’t see germs in the air, there is often no way to tell exactly when or where we got a cold, the flu, COVID-19, or any other disease. The employer and insurance company will often say that you contracted your illness at home or while out in public.

To show that you became infected while at work, California law requires you to show that something about your job carries more risk or more exposure to disease than other jobs do. You also have to show exactly how you got the disease or how you were exposed to it while at work.

How Common Are COVID-19 Workers’ Compensation Claims in California?

COVID-19-related workers’ compensation claims were common nationally and in California in 2020. The California Workers’ Compensation Institute (CWCI) reported that 103,712 COVID-related workers’ compensation claims were made in 2020. That’s one of every six workers’ compensation claims that year.

Most COVID-19 claims were filed in the healthcare, government, and retail industries.

The state projects that as many as 4,000 COVID-related workers’ compensation claims could be filed for September 2021, and between 7,000 and 9,000 for August 2021.

This is likely due to the Delta variant of COVID-19, which caused cases to spike, especially in the more urban California areas like Los Angeles County. There, COVID-related workers’ compensation claims soared to five times their normal amount from June to July 2021. The county went from just under 19% of the total statewide reported COVID-19-related workers’ comp claims in June to 24% in July.

Getting Workers Compensation for Contracting COVID at Work

California recently made these rules a little easier for employees who get COVID-19 while at work.

The new California law makes it much easier for you to show that you got COVID from your workplace, which is required for you to get benefits.

COVID-19 Benefits for All Employees

The law says that as long as you are working at your job and not from home if there is an outbreak of COVID at work, the law will assume you contracted it from your workplace. This assumption applies to any workplace of more than five employees.

The law defines what an outbreak is to get the benefit of the presumption. If your employer has less than 100 employees, and at least four employees test positive for COVID-19 within 14 days, the event is considered an outbreak. For employers with more than 100 employees, an outbreak is when 4% of the total number of employees test positive within 14 days.

You must use any sick leave provided by your employer before you can get disability benefits from workers’ compensation. If your employer tries to deny your benefits, it must show that you contracted COVID from a source other than work. For example, your employer may try to show that one of your family members was sick or that you visited a public place that carried a high risk of COVID transmission.

The insurance company has only 45 days to deny your benefits. Otherwise, you will be considered approved. A Modesto accident attorney can help you fight any denial. However, while you are waiting for the insurance company to make its decision, you can still get up to $10,000 in medical benefits.

COVID-19 Benefits for Healthcare and Emergency Providers

Emergency responders, healthcare workers, and all others who work in a direct patient care setting also get the benefit of legal presumption.

Employees do not have to be doctors or nurses. Any job that deals with patients in a medical setting may qualify for the presumption, such as custodial staff, case or social workers, and in-home care providers. Unlike other workers, those in health care or emergency services do not need to show that there has been an outbreak to get workers’ compensation benefits after getting COVID-19.

Your employer can try to deny you benefits if it can show that you were never in contact with any person who had COVID. Once you make a claim, the workers’ compensation insurer has only 30 days to deny you. This is much less than the normal 90-day limit that insurers would have. You can get up to $10,000 in medical benefits while you are waiting for your insurance company to make a decision.

Just like employees who aren’t in these areas, health care or emergency responder employees must use work-provided sick leave before collecting workers’ compensation benefits for temporary disability.

New Legal Presumptions Are a Big Help to Sick Workers

The new law provides a huge benefit for sick California workers. The assumption means that if you and your employer meet the requirements in the executive order, you or your Modesto accident attorney don’t have to prove anything else. The law automatically assumes you contracted COVID at work, and thus that you should get workers’ compensation benefits.

This shifts the difficult part of a workers’ compensation case from you to your employer. Rather than you having to prove you got COVID-19 at work, your employer must disprove it.

What If You Don’t Meet the Requirements?

Remember that even if you don’t meet the requirements of the new law, you can still get workers’ compensation after getting COVID at work. The automatic assumption that you were infected while doing your job won’t apply to you, and you will have to prove that is what happened.

Act Quickly

There are very strict time limits to report any workers’ compensation claims, COVID-related or not. If you don’t report a claim on time, you could lose your right to workers’ compensation benefits.

If you feel like you have symptoms of COVID-19, you should speak to a qualified Modesto accident attorney as soon as possible. Your attorney will help you analyze your case, make your claim, and start getting the benefits you need as quickly as possible.

I’m the founder and CEO of Accident.com, a leading network of nationwide injury attorneys. I’m responsible for corporate strategy, executive team leadership and overall business operations across all the company’s segments. With over 10 years of experience, I have held various strategic and operating positions at companies including SOSV (the largest seed VC), Morgan Stanley (in investor relations), and Warby Parker (in customer experience operations)

Is it Necessary to Hire a Divorce Lawyer?

Divorces are rarely a pleasant experience where the result is an amicable separation. Indeed, the standard situation involves at least a small amount of vitriol, which may be caused by the very nature of this legal process of marriage annulment. Still, one of the many common questions that get asked during this divorce law proceeding is regarding the necessity of hiring a divorce lawyer.

Many people have misgivings and misunderstandings about divorce lawyers, divorce law, and the process of divorce. This makes this question understandable, of course, and it also makes it very worthwhile to answer. Today, with the help of mmfamilyanddivorcelawyers.ca, we look at why people hire lawyers and whether or not they are necessary for your particular situation.

Determining Whether It Is Necessary to Hire a Divorce Lawyer or Not

How Divorce Lawyers Help

Lawyers who practice divorce law are there to help families working through a divorce and ensure the best outcome for their clients. The outcomes they try to attain may range from complete custody to spousal support to equitable separation and so on. They employ a variety of means to accomplish these goals, including gathering information, citing relevant legal precedent, and working with the other parties involved to reach suitable compromises.

Although not all divorces will require litigation, when it becomes necessary or unavoidable, lawyers practicing divorce law will also represent their clients in this forum. They work to convince a judge or jury of the suitability of their client’s position and advocate for them using the skills they’ve developed through training, education, and experience.

Furthermore, divorce lawyers also work with their clients to keep them informed and up to date with the particulars of their divorce. This may include providing relevant information, liaising with relevant parties, and conveying the information and similar activities. As a result of these many duties, they are often a benefit to clients who do not have experience with the legal system.

Why People Work with Divorce Lawyers

The reasons that people choose to work with divorce lawyers are varied, but many find it a more convenient option. After all, these legal professionals have already done the studying and training necessary to start and complete the legal portion of the divorce process. This helps remove many of the knowledge barriers and complicated wording that come part-and-parcel with any legal process.

Others may choose to work with a lawyer because they want sufficient representation. Divorcing couples can often be in a power imbalance, which leaves the weaker party uncomfortable and unable to advocate for themselves. Having a professional’s opinion and understanding of the legal process can be a great comfort and support pillar in these situations.

How to Decide if a Divorce Lawyer Is Right for You

If you’ve identified with any of the reasons described above, you may benefit from working with a divorce lawyer. However, it is also worth working with a divorce lawyer if you want to ensure an amicable and above-board divorce. Underestimating the hurt feelings and hoping everyone involved will be civil can be a common reaction with divorcing couples, but without proper boundaries, the temptation to be sour can be hard to prevent.

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

How to Find the Best Litigation Lawyers in Sydney for Your Case

The legal system can be a very confusing and scary process. There are many different types of lawyers, and it is hard to know how to find the right one for your needs. One type that you might not have considered is a litigation lawyer. Litigation lawyers work on trials and other court proceedings dealing with lawsuits or criminal cases. This can be a complicated process, so here’s how to find the best litigation lawyer in Sydney for your case!

Litigation lawyers are different from other lawyers because they focus specifically on representing clients in the courtroom. They take cases to court rather than deal with everything outside of it. Litigation lawyers are typically used for business or criminal law cases. However, litigation may not be the best choice for you if you need help dealing with a divorce or separation. Below are ways of finding the best litigation lawyer in Sydney for your case.

Experience

One of the most important things to look at is the litigation lawyer’s experience. Experienced lawyers can be helpful if you are dealing with a complicated case that requires a lot of time and attention. Be sure to look for experienced lawyers that primarily focus on representing clients in court rather than those who primarily focus on other types of cases. This ensures that your lawyer will be able to take the time and attention needed with your case.

Service Terms

Another important aspect to look at is the service terms. Find out the exact services that the litigation lawyer offers and what they are willing to do for you. Some lawyers will offer a flat fee, while others bill hourly. Make sure to ask about these things before signing any type of contract with them. This will help you determine what services you can expect from your lawyer and how much it will cost!

Location

If you are looking for litigation lawyers in Sydney, look for one who is located near you. This makes it easier to meet with your attorney about upcoming cases or other legal issues. You might also need them to go to court with you if something comes up, so being close by can make things easier on both of you. If possible, look for a litigator located near where your process took place as well – this ensures they are familiar with the case and the area.

Credentials

Your next step is checking out their credentials. The best way to do this is by asking what type of education the litigation lawyer has. For example, did they go to law school? Do they have any specific certifications or accreditations in the field of litigation? You can also look at some of their previous cases to see how well they do in court.

Cost

The last thing you will want to consider is cost. Litigation lawyers tend to be more expensive than other types of lawyers because of the time and attention required for their jobs. However, this does not mean that all litigators are automatically more expensive – it just depends on the individual attorney who takes your case! Make sure to discuss with them what type of budget you can offer, and if you need help finding an affordable legal service, check out this list of law firms in Sydney.

Now that you know how to find the best litigation lawyers in Sydney for your case go ahead and book a consultation with them! You can schedule an appointment at any time by calling their office or stopping by. Be sure to ask them questions about their experience, location, credentials, and cost to see if they are a good fit for your needs! Finally, make sure to keep their information on hand so you can contact them again when necessary.

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Can I Be Fired for Refusing to Work Overtime?

When it comes to overtime hours and pay, the Federal Labor Standards Act (FLSA) provides minimum standards at a federal level for employees across the country. These minimum standards from the FLSA include things such as the minimum wage and overtime pay.

Overtime in the state of Ohio is handled with a mix of federal law from the FLSA and Ohio’s wage law. So, let’s take a closer look at what overtime laws in Ohio mean for you and what refusing to work overtime can do.

What Are the Overtime Laws in Ohio?

Overtime laws in Ohio (set forth in Ohio Chapter 4111 entitled “Minimum Fair Wage Standards”) tend to follow the FLSA laws with some additions. Ohio state law covers overtime in Section 4111.03 and calls for employers to “pay an employee for overtime at a wage rate of one and one-half times the employee’s wage rate for hours worked in excess of forty hours in one workweek.” Though there is no required overtime if your employer gross volume of sales is less than $150,000 a year.

Compensatory time off can be provided to “a county employee or township employee” in lieu of overtime pay if the employee chooses to make that switch.

And on the topic of mandatory overtime, there is no mandatory overtime pay if an employee ends up working more than 8 hours a day.

When it comes to overtime laws in Ohio and how they affect you as an employee, speaking with a Columbus employment and overtime lawyer may help to further clear up any questions you have, especially if you believe you are not being compensated correctly.

Can I Be Fired for Refusing Overtime?

The long and short answer to this question is, yes. You could potentially be fired for refusing to work overtime. Federal laws state that as long as an employee is paid a proper overtime rate, there is technically no limit to the amount of mandatory overtime that your employer can schedule you for.

Employers are able to require overtime work from employees, though they are not required by the FLSA to pay extra (over and above the overtime premium if the employees work more than 40 hours in a workweek) for overnight or weekend work.

The rule regarding if you can refuse overtime work is one that can be adjusted or modified by prior agreement between you and your employer or through negotiations. In addition, your employer may have to provide certain accommodations that could allow an employee not to work overtime under certain circumstances.

Should you have further questions regarding your rights on refusing overtime, exemptions, or misclassifications, reach out to an employment and overtime lawyer in Columbus, Ohio.

There may be specific situations where the rule of an employee needing to work overtime can be adjusted. A consultation with a Columbus employment lawyer is a first step towards negotiating overtime refusal terms in relation to your position.

Coffman Legal is a law firm based in Ohio. With a team of experienced employment and overtime lawyers in Columbus, Ohio, Coffman Legal handles cases for employees from all areas of life – including factory production workers, nurses, and many more. Areas of employment law that they have expertise in include background checks, sexual harassment, frequent wage and hour issues, and overtime exemptions and misclassifications.