#Workers Compensation Lawyer Oakland

[latimerlaw]

Latimer Law is a workers compensation law firm in Oakland CA, specializing in helping injured workers obtain the benefits they deserve. With over 20 years of experience, their team of attorneys is dedicated to fighting for the rights of workers who have been injured on the job. They understand the complexities of California's workers' compensation system and are committed to providing personalized and compassionate legal representation to their clients. If you've been injured at work, trust the team at Jeams Latimer to help you navigate the legal process and get the compensation you deserve.

[sunriseinjurylawyer]

Sunrise Workers' Compensation and Personal Injury Lawyer

Have you been injured at work or involved in an accident? You deserve experienced legal representation to help secure the compensation you need for your recovery. At the Law Offices of David M. Benenfeld, P.A. in Sunrise, we provide legal guidance for workers' compensation and personal injury cases, ensuring your rights are protected and you receive the maximum compensation possible.

Our team of experienced Sunrise personal injury attorneys has successfully represented clients in a wide range of cases, including car accidents, truck accidents, motorcycle accidents, slip and fall injuries, and other personal injury claims. We are dedicated to helping you navigate the complexities of the legal process while fighting to secure the best possible outcome.

Personal Injury and Workers' Compensation Lawyers in Sunrise, FL

At the Law Offices of David Benenfeld, our Sunrise workers' compensation lawyers have years of experience representing clients injured in the workplace or due to someone else’s negligence. Whether you’ve been hurt in a car accident, truck accident, motorcycle accident, slip and fall, or other personal injury, our legal team will fight to get you the medical care and financial compensation you deserve.

Law Offices of David M. Benenfeld, P.A. 7800 West Oakland Park Blvd, Building F, Suite 216 Sunrise, FL 33351 Call Today: (954) 677-0155 https://www.injurylawservice.com/

[brandonbankslaw]

Age Discrimination Attorney and Disability Discrimination Lawyer: Fighting for Equality and Justice

Discrimination based on age and disability remains an unfortunate reality in many workplaces. With the potential to negatively impact an individual's career prospects, financial stability, and overall well-being, combating these forms of discrimination is crucial. Fortunately, there are dedicated legal professionals known as Age Discrimination Attorneys and Disability Discrimination Lawyers who specialize in fighting for the rights of those facing such injustices. This article aims to shed light on the importance of these legal practitioners and how they can help combat age and disability discrimination.

Age Discrimination Attorney:

An Age Discrimination Attorney specializes in advocating for individuals who have faced discriminatory treatment in the workplace based on their age. Age discrimination can manifest in various forms, such as hiring, promotions, layoffs, or even hostile work environments. These attorneys often possess knowledge of the California Fair Employment Housing Act (FEHA), partially enacted to protect workers aged 40 and above from unfair treatment.

Tasks and Role:

Age Discrimination Attorneys work tirelessly to ensure their clients' rights are protected. They undertake a range of responsibilities, including:

Assessing claims: An attorney will thoroughly analyze an individual's case and determine the strength of their age discrimination claim. This involves gathering evidence, interviewing witnesses, and identifying potential legal violations.

Legal representation: When the claim has merit, a San Francisco or Oakland age discrimination attorney will represent the client throughout the legal process. This includes negotiating with employers, filing lawsuits, and representing their clients in court if necessary.

Settlement negotiations: Often, attorneys work towards achieving a favorable settlement without going to court. They negotiate on behalf of their clients, seeking compensation for damages, lost wages, and benefits, or even reinstatement in the position they were wrongfully denied.

Disability discrimination lawyer in San Francisco or Oakland:

A Disability Discrimination Lawyer can focus on protecting the rights of individuals facing discrimination due to their disability. These attorneys are often well-versed in the Americans with Disabilities Act (ADA or FEHA ensuring employers provide reasonable accommodations and do not discriminate against qualified individuals based on their disabilities.

Tasks and Role:

Disability Discrimination Lawyers play an essential role in advocating for their clients' rights and addressing discrimination in the workplace. Their responsibilities may include:

Evaluating claims: Lawyers assess whether the treatment experienced by an individual qualifies as discrimination based on their disability. They review the circumstances, gather evidence, and determine if legal action is warranted.

Accommodation enforcement: Disability Discrimination Lawyers work diligently to ensure employers comply with the ADA by providing reasonable accommodations to individuals with disabilities. This may include advocating for accessible workspaces, modified schedules, or necessary assistive technology.

Legal representation: Much like Age Discrimination Attorneys, Disability Discrimination Lawyers represent their clients in negotiating settlements or filing lawsuits. They fight to ensure their clients receive fair compensation and that employers are held accountable for discriminatory practices.

Age Discrimination Attorneys and Disability Discrimination Lawyers are instrumental in safeguarding the rights of individuals who face unfair treatment due to their age or disability. With their expertise, these legal professionals strive to create a more inclusive and equitable workplace. If you believe you have experienced age or disability discrimination, it is crucial to consult with an attorney specializing in these areas to protect your rights and seek appropriate remedies. Together, we can work towards a society that values diversity and upholds equal opportunities for every individual. To know more about disability discrimination lawyer Oakland, visit our site Brandon Banks Law, APC

[jgonzalezlaw-blog]

What is Premise Liability?

Premise liability is a branch of law that covers cases involving incidents that occur because of unsafe or defective conditions that exist on a piece of property. Under local, state, and federal law, all property owners have an obligation to keep visitors safe.

To abide by these laws, property owners must make an effort to maintain a safe environment. Failure to do so can result in a lawsuit where a premise liability lawyer will have to determine what kind of negligence occurred and prove that:

A certain condition on the defendant’s property posed a serious risk of injury.

The property owner should have been aware of these dangers through proper inspection.

The property owner failed to fix or repair the dangerous condition even after knowing of the issue.

Texas law recognizes the following categories of visitors:

Invitee: This individual is given express or implied permission to be on the property. Invitees include people such as retail clients and workers.

Licensee: A licensee is a person who has no contractual relation with the property owner but has express or implicit permission to be on the property. Licensees include individuals such as social guests at a residence.

Trespasser: This is a person who does not have express or implied permission to be on a property. While trespassers typically do not have the right to file a claim, a property owner cannot lawfully prepare pitfalls or traps for a trespasser in order to harm them.

In Texas, you have a two (2) year deadline for filing a premises liability claim. Failure to file within this time frame essentially means forfeiting your rights to file a claim.

One thing to keep in mind, also, is that insurance companies often act in bad faith. Bad faith includes different tactics insurance companies use to underpay or completely deny your claim.

Do NOT settle your claim with your insurance company without consulting the Rio Grande Valley premises liability lawyers of J. Gonzalez Injury Attorneys. We will fight hard to help you secure the compensation you need to heal.

Contact us at The J Gonzalez Law Firm:

 McAllen

2120 Oakland Avenue McAllen, TX 78501 (956) 630-6700

Brownsville

4217 Expressway 83 Brownsville, TX 78520 (956) 630-6700

Rio Grande City

2117 E. Highway 83 Rio Grande City, TX 78582 (956) 630-6700

 https://www.jgonzalezlawfirm.com/practice-areas/premises-liability-lawyer/

#premise #premiseliability #Texas #lawyers #TexasLawyers

[techcrunchappcom]

New Post has been published on https://techcrunchapp.com/uber-and-lyft-drivers-are-employees-california-regulatory-agency-finds/

Uber and Lyft drivers are employees, California regulatory agency finds

OAKLAND, Calif. —The California Public Utilities Commission, the state government body responsible for licensing and regulating some transportation companies including Uber and Lyft, officially ruled Tuesday that it would formally consider drivers of those companies to be employees, in line with a newly-enacted state law known as AB5.

The finding, first reported by The San Francisco Chronicle, came as part of an 18-page document that covers a host of other upcoming rulemaking as it pertains to these types of companies, which are known in the state as “transportation networking companies,” or TNCs.

For now, it is not clear what practical difference this ruling defining drivers as employees makes, given the companies’ longstanding resistance to re-classifying the backbone of their workforce.

However, last week, the California regulator also issued a formal reminder to the companies that they had to provide workers’ compensation for their employees by July 1, and under state law could consider revoking the companies’ relevant operating authority if they did not comply. Last month, Attorney General Xavier Becerra and the city attorneys from San Francisco, Los Angeles and San Diego sued over the companies’ alleged non-compliance with AB5.

Related

Byers Market Newsletter

Get breaking news and insider analysis on the rapidly changing world of media and technology right to your inbox.

“We have long maintained that Uber and Lyft are misclassifying and exploiting their drivers, and we intend to prove that in court,” Meiling Bedard, a spokesman for San Francisco City Attorney Dennis Herrera, said in an email. “To the extent that the California Public Utilities Commission takes the position that Uber and Lyft drivers are employees, they join a long list of government entities and regulators that have consistently and correctly reached that same conclusion,” she added.

Uber and Lyft did not respond to emailed questions, including one about whether they would abide by the July 1 deadline, and sent statements instead.

“Uber remains committed to expanded benefits and protections to drivers,” the company said in a statement sent by spokesman Davis White, referring to its efforts to overturn AB5 with a voter initiative that will be on the ballot in November 2020.

“If California regulators force rideshare companies to change their business model it would affect our ability to provide reliable and affordable services, along with threatening access to this essential work Californians depend on.”

When asked to elaborate as to why it would threaten jobs, White pointed to a summary of a May 2020 report conducted by a company called the Berkeley Research Group.

The summary claims that if Uber and Lyft had to re-classify drivers, it will result in an 80 to 90 percent reduction in the number of drivers. However, this four-page summary does not fully explain its analysis, and to date, the company has not provided a copy of the full report.

Similarly, Lyft spokesman CJ Macklin sent a brief statement saying that the “CPUC’s presumption is flawed,” and declined to explain further.

For years, both Lyft and Uber have said that if they are forced to reclassify gig workers as employees that such a change would have an adverse effect on their profitability, according to their latest annual reports submitted to the Securities and Exchange Commission in February and March 2020, respectively.

Related

For years, the rival companies have touted the ad-hoc work schedule as an attractive perk for drivers. However, one of the major downsides has been that drivers are on the hook for incurring numerous work expenses, including gas, car maintenance, insurance and more.

Shannon Liss-Riordan, a Boston-based labor lawyer who has sued both companies multiple times for alleged labor misclassification over the course of the past several years, called the move a “huge defeat for Uber and Lyft.”

“The pressure is escalating on Uber and Lyft and other companies that are thumbing their nose at the law,” she said. “If anything, this pandemic crisis is highlighting even more and raising public awareness about why we need basic protections for workers, and that companies that employ those workers need to be called to task.”

Cyrus Farivar

Cyrus Farivar is a reporter on the tech investigations unit of NBC News in San Francisco.

[stephenmccull]

Employers Require COVID Liability Waivers as Conflict Mounts Over Workplace Safety

After spending a May day preparing her classroom to reopen for preschoolers, Ana Aguilar was informed that the tots would not have to wear face masks when they came back. What’s more, she had to sign a form agreeing not to sue the school if she caught COVID-19 or suffered any injury from it while working there.

Other teachers signed the form distributed by the Montessori Schools of Irvine, but Aguilar said she felt uncomfortable, although it stipulated that staff members would be masked. At 23, she has a compromised immune system and was also worried that she could pass the coronavirus on to her fiancé and other family members.

Aguilar refused to sign, and a week later she was fired. “They said it was my choice to sign the paper, but it wasn’t really my choice,” said Aguilar, who’s currently jobless and receiving $276 a week in unemployment benefits. “I felt so bullied.”

As employers in California and across the country ask employees to return to the workplace, many have considered and some are requiring employees to sign similar waivers, employment lawyers say. And many employees, mostly lower-wage and minority workers in essential jobs, are calling lawyers to complain about the waivers.

“These are illegal agreements that are totally unfair to workers,” said Christian Schreiber, a San Francisco lawyer who represents Aguilar and other employees.

The California State Legislature last year passed a law, AB-51, prohibiting employers from requiring employees or job applicants to sign away their right to pursue legal claims or benefits under state law. The law, which also prohibits firing any employee for refusing to sign, is being challenged in court by business groups.

Only a few employers have forced employees to sign liability waivers, at least partly because these waivers likely would be held unenforceable by courts, lawyers who represent employers say.

“Courts don’t recognize them because of the unequal bargaining power between employers and employees,” said Isaac Mamaysky, a partner at the Potomac Law Group in New York City. “With so many unemployed, people would sign just about anything to get a job.”

Another reason they are considered unenforceable: Workers who get sick or injured on the job generally are compensated through state workers’ compensation systems rather than through the courts, and state laws don’t allow employers to force employees to sign away their right to pursue workers’ comp claims, Mamaysky said.

Companies may have the right to require nonemployees working on their premises to sign COVID waivers. When the New York Stock Exchange reopened in late May, it made floor traders sign a form clearing the exchange of liability if they contracted COVID-19. That was legally permissible because the traders were not exchange employees, an NYSE spokesman said. He declined to say whether any traders have become infected with the virus.

The Las Vegas-based restaurant chain Nacho Daddy, which did require employees to surrender their right to sue over COVID-19, reportedly fired some who refused. Following negative media coverage, Nacho Daddy removed the language that waived legal rights and instead had employees agree to follow safety rules such as masking and social distancing. The company did not respond to a request for comment.

Having employees agree to comply with safety rules is a more common and legally acceptable approach than waivers.

“I suggest my clients go to this reasonable middle ground: Here’s what we promise to you, here’s what we want you to promise to us,” said David Barron, an employment lawyer with Cozen O’Connor in Houston.

Business groups hope Senate Majority Leader Mitch McConnell will make liability waivers unnecessary. He has proposed a Senate bill with broad liability protection for employers for five years against a range of coronavirus-related claims, and says he won’t back any COVID relief bill that doesn’t include such protections. President Donald Trump has said he supports the liability protection.

At least 10 states already have enacted laws providing some form of immunity for businesses from lawsuits brought by employees and others who contract COVID-19. Similar bills are pending in about 10 more states, according to the National Employment Law Project. The California Assembly is considering a liability protection bill for public K-12 schools.

Federal legislation to provide COVID liability relief for employers should protect only those that follow applicable health and safety guidelines, said John Abegg, executive vice president of the U.S. Chamber Institute for Legal Reform, which supports McConnell’s proposal.

But even if McConnell is able to overcome Democratic opposition and pass liability protection as part of a new pandemic economic relief bill, that still wouldn’t shield employers from lawsuits claiming gross negligence or reckless or intentional conduct in failing to implement COVID-19 safety precautions.

Across the country, hospitals and nursing homes, as well as companies like McDonald’s, Walmart and Safeway, have been hit with wrongful death lawsuits filed by families of employees who died from the virus. They typically cite egregious conduct that goes beyond ordinary negligence, potentially erasing any statutory liability relief.

Nearly 50 COVID-related lawsuits have been filed relating to conditions of employment, including exposure to the coronavirus or the lack of protective equipment, according to data collected by the law firm Hunton Andrews Kurth.

In many states, alleging intentional misconduct also may allow workers harmed by COVID-19, and their families, to file lawsuits rather than go through the workers’ compensation system, and thus seek bigger damage awards.

For instance, a suit filed in Alameda County Superior Court in June by the widow of a longtime employee of Safeway’s distribution center in Tracy, California, alleged that the company had concealed a COVID-19 outbreak from workers and informed them that personal protective equipment was not recommended, contrary to guidelines from federal and state authorities.

“I don’t know of any jurisdiction that would allow a waiver against intentional misconduct,” said Louis DiLorenzo, head of the labor and employment practice for Bond Schoeneck & King in New York, who represents employers. “That would encourage misconduct.”

Worker advocates argue that lawsuits like the one against Safeway should be encouraged — rather than blocked by waivers or immunity laws — to bring to light serious public safety problems. Cases against McDonald’s in Oakland and Chicago — in which workers claimed the restaurants had created a “public nuisance” by not taking steps to adequately protect workers and customers from COVID-19 — resulted in court orders in late June for those McDonald’s restaurants to implement safety measures such as masks, social distancing and temperature checks.

“A very tiny number of cases are being filed by workers, and those cases are valuable,” said Hugh Baran, a staff lawyer at the National Employment Law Project. “These are the kinds of claims we should want workers to bring.”

Schreiber said he contacted the Montessori school about Aguilar’s firing, and it offered to reinstate her without having her sign the waiver. But Aguilar declined, saying the school was putting teachers at risk by not requiring pupils to wear masks. The school then offered her six weeks of severance pay, which she is considering.

By refusing to sign the waiver or accept her job back, she said, she was standing up for all the teachers at the school, many of whom have children and can’t afford to lose their job.

“I liked my job and I needed the paycheck,” Aguilar said. “But making you sign these papers is telling you that whatever happens, they really don’t care.”

This KHN story first published on California Healthline, a service of the California Health Care Foundation.

Kaiser Health News (KHN) is a national health policy news service. It is an editorially independent program of the Henry J. Kaiser Family Foundation which is not affiliated with Kaiser Permanente.

Employers Require COVID Liability Waivers as Conflict Mounts Over Workplace Safety published first on https://smartdrinkingweb.weebly.com/

[gordonwilliamsweb]

Employers Require COVID Liability Waivers as Conflict Mounts Over Workplace Safety

After spending a May day preparing her classroom to reopen for preschoolers, Ana Aguilar was informed that the tots would not have to wear face masks when they came back. What’s more, she had to sign a form agreeing not to sue the school if she caught COVID-19 or suffered any injury from it while working there.

Other teachers signed the form distributed by the Montessori Schools of Irvine, but Aguilar said she felt uncomfortable, although it stipulated that staff members would be masked. At 23, she has a compromised immune system and was also worried that she could pass the coronavirus on to her fiancé and other family members.

Aguilar refused to sign, and a week later she was fired. “They said it was my choice to sign the paper, but it wasn’t really my choice,” said Aguilar, who’s currently jobless and receiving $276 a week in unemployment benefits. “I felt so bullied.”

As employers in California and across the country ask employees to return to the workplace, many have considered and some are requiring employees to sign similar waivers, employment lawyers say. And many employees, mostly lower-wage and minority workers in essential jobs, are calling lawyers to complain about the waivers.

“These are illegal agreements that are totally unfair to workers,” said Christian Schreiber, a San Francisco lawyer who represents Aguilar and other employees.

The California State Legislature last year passed a law, AB-51, prohibiting employers from requiring employees or job applicants to sign away their right to pursue legal claims or benefits under state law. The law, which also prohibits firing any employee for refusing to sign, is being challenged in court by business groups.

Only a few employers have forced employees to sign liability waivers, at least partly because these waivers likely would be held unenforceable by courts, lawyers who represent employers say.

“Courts don’t recognize them because of the unequal bargaining power between employers and employees,” said Isaac Mamaysky, a partner at the Potomac Law Group in New York City. “With so many unemployed, people would sign just about anything to get a job.”

Another reason they are considered unenforceable: Workers who get sick or injured on the job generally are compensated through state workers’ compensation systems rather than through the courts, and state laws don’t allow employers to force employees to sign away their right to pursue workers’ comp claims, Mamaysky said.

Companies may have the right to require nonemployees working on their premises to sign COVID waivers. When the New York Stock Exchange reopened in late May, it made floor traders sign a form clearing the exchange of liability if they contracted COVID-19. That was legally permissible because the traders were not exchange employees, an NYSE spokesman said. He declined to say whether any traders have become infected with the virus.

The Las Vegas-based restaurant chain Nacho Daddy, which did require employees to surrender their right to sue over COVID-19, reportedly fired some who refused. Following negative media coverage, Nacho Daddy removed the language that waived legal rights and instead had employees agree to follow safety rules such as masking and social distancing. The company did not respond to a request for comment.

Having employees agree to comply with safety rules is a more common and legally acceptable approach than waivers.

“I suggest my clients go to this reasonable middle ground: Here’s what we promise to you, here’s what we want you to promise to us,” said David Barron, an employment lawyer with Cozen O’Connor in Houston.

Business groups hope Senate Majority Leader Mitch McConnell will make liability waivers unnecessary. He has proposed a Senate bill with broad liability protection for employers for five years against a range of coronavirus-related claims, and says he won’t back any COVID relief bill that doesn’t include such protections. President Donald Trump has said he supports the liability protection.

At least 10 states already have enacted laws providing some form of immunity for businesses from lawsuits brought by employees and others who contract COVID-19. Similar bills are pending in about 10 more states, according to the National Employment Law Project. The California Assembly is considering a liability protection bill for public K-12 schools.

Federal legislation to provide COVID liability relief for employers should protect only those that follow applicable health and safety guidelines, said John Abegg, executive vice president of the U.S. Chamber Institute for Legal Reform, which supports McConnell’s proposal.

But even if McConnell is able to overcome Democratic opposition and pass liability protection as part of a new pandemic economic relief bill, that still wouldn’t shield employers from lawsuits claiming gross negligence or reckless or intentional conduct in failing to implement COVID-19 safety precautions.

Across the country, hospitals and nursing homes, as well as companies like McDonald’s, Walmart and Safeway, have been hit with wrongful death lawsuits filed by families of employees who died from the virus. They typically cite egregious conduct that goes beyond ordinary negligence, potentially erasing any statutory liability relief.

Nearly 50 COVID-related lawsuits have been filed relating to conditions of employment, including exposure to the coronavirus or the lack of protective equipment, according to data collected by the law firm Hunton Andrews Kurth.

In many states, alleging intentional misconduct also may allow workers harmed by COVID-19, and their families, to file lawsuits rather than go through the workers’ compensation system, and thus seek bigger damage awards.

For instance, a suit filed in Alameda County Superior Court in June by the widow of a longtime employee of Safeway’s distribution center in Tracy, California, alleged that the company had concealed a COVID-19 outbreak from workers and informed them that personal protective equipment was not recommended, contrary to guidelines from federal and state authorities.

“I don’t know of any jurisdiction that would allow a waiver against intentional misconduct,” said Louis DiLorenzo, head of the labor and employment practice for Bond Schoeneck & King in New York, who represents employers. “That would encourage misconduct.”

Worker advocates argue that lawsuits like the one against Safeway should be encouraged — rather than blocked by waivers or immunity laws — to bring to light serious public safety problems. Cases against McDonald’s in Oakland and Chicago — in which workers claimed the restaurants had created a “public nuisance” by not taking steps to adequately protect workers and customers from COVID-19 — resulted in court orders in late June for those McDonald’s restaurants to implement safety measures such as masks, social distancing and temperature checks.

“A very tiny number of cases are being filed by workers, and those cases are valuable,” said Hugh Baran, a staff lawyer at the National Employment Law Project. “These are the kinds of claims we should want workers to bring.”

Schreiber said he contacted the Montessori school about Aguilar’s firing, and it offered to reinstate her without having her sign the waiver. But Aguilar declined, saying the school was putting teachers at risk by not requiring pupils to wear masks. The school then offered her six weeks of severance pay, which she is considering.

By refusing to sign the waiver or accept her job back, she said, she was standing up for all the teachers at the school, many of whom have children and can’t afford to lose their job.

“I liked my job and I needed the paycheck,” Aguilar said. “But making you sign these papers is telling you that whatever happens, they really don’t care.”

This KHN story first published on California Healthline, a service of the California Health Care Foundation.

Kaiser Health News (KHN) is a national health policy news service. It is an editorially independent program of the Henry J. Kaiser Family Foundation which is not affiliated with Kaiser Permanente.

Employers Require COVID Liability Waivers as Conflict Mounts Over Workplace Safety published first on https://nootropicspowdersupplier.tumblr.com/

[dinafbrownil]

Employers Require COVID Liability Waivers as Conflict Mounts Over Workplace Safety

After spending a May day preparing her classroom to reopen for preschoolers, Ana Aguilar was informed that the tots would not have to wear face masks when they came back. What’s more, she had to sign a form agreeing not to sue the school if she caught COVID-19 or suffered any injury from it while working there.

Other teachers signed the form distributed by the Montessori Schools of Irvine, but Aguilar said she felt uncomfortable, although it stipulated that staff members would be masked. At 23, she has a compromised immune system and was also worried that she could pass the coronavirus on to her fiancé and other family members.

Aguilar refused to sign, and a week later she was fired. “They said it was my choice to sign the paper, but it wasn’t really my choice,” said Aguilar, who’s currently jobless and receiving $276 a week in unemployment benefits. “I felt so bullied.”

As employers in California and across the country ask employees to return to the workplace, many have considered and some are requiring employees to sign similar waivers, employment lawyers say. And many employees, mostly lower-wage and minority workers in essential jobs, are calling lawyers to complain about the waivers.

“These are illegal agreements that are totally unfair to workers,” said Christian Schreiber, a San Francisco lawyer who represents Aguilar and other employees.

The California State Legislature last year passed a law, AB-51, prohibiting employers from requiring employees or job applicants to sign away their right to pursue legal claims or benefits under state law. The law, which also prohibits firing any employee for refusing to sign, is being challenged in court by business groups.

Only a few employers have forced employees to sign liability waivers, at least partly because these waivers likely would be held unenforceable by courts, lawyers who represent employers say.

“Courts don’t recognize them because of the unequal bargaining power between employers and employees,” said Isaac Mamaysky, a partner at the Potomac Law Group in New York City. “With so many unemployed, people would sign just about anything to get a job.”

Another reason they are considered unenforceable: Workers who get sick or injured on the job generally are compensated through state workers’ compensation systems rather than through the courts, and state laws don’t allow employers to force employees to sign away their right to pursue workers’ comp claims, Mamaysky said.

Companies may have the right to require nonemployees working on their premises to sign COVID waivers. When the New York Stock Exchange reopened in late May, it made floor traders sign a form clearing the exchange of liability if they contracted COVID-19. That was legally permissible because the traders were not exchange employees, an NYSE spokesman said. He declined to say whether any traders have become infected with the virus.

The Las Vegas-based restaurant chain Nacho Daddy, which did require employees to surrender their right to sue over COVID-19, reportedly fired some who refused. Following negative media coverage, Nacho Daddy removed the language that waived legal rights and instead had employees agree to follow safety rules such as masking and social distancing. The company did not respond to a request for comment.

Having employees agree to comply with safety rules is a more common and legally acceptable approach than waivers.

“I suggest my clients go to this reasonable middle ground: Here’s what we promise to you, here’s what we want you to promise to us,” said David Barron, an employment lawyer with Cozen O’Connor in Houston.

Business groups hope Senate Majority Leader Mitch McConnell will make liability waivers unnecessary. He has proposed a Senate bill with broad liability protection for employers for five years against a range of coronavirus-related claims, and says he won’t back any COVID relief bill that doesn’t include such protections. President Donald Trump has said he supports the liability protection.

At least 10 states already have enacted laws providing some form of immunity for businesses from lawsuits brought by employees and others who contract COVID-19. Similar bills are pending in about 10 more states, according to the National Employment Law Project. The California Assembly is considering a liability protection bill for public K-12 schools.

Federal legislation to provide COVID liability relief for employers should protect only those that follow applicable health and safety guidelines, said John Abegg, executive vice president of the U.S. Chamber Institute for Legal Reform, which supports McConnell’s proposal.

But even if McConnell is able to overcome Democratic opposition and pass liability protection as part of a new pandemic economic relief bill, that still wouldn’t shield employers from lawsuits claiming gross negligence or reckless or intentional conduct in failing to implement COVID-19 safety precautions.

Across the country, hospitals and nursing homes, as well as companies like McDonald’s, Walmart and Safeway, have been hit with wrongful death lawsuits filed by families of employees who died from the virus. They typically cite egregious conduct that goes beyond ordinary negligence, potentially erasing any statutory liability relief.

Nearly 50 COVID-related lawsuits have been filed relating to conditions of employment, including exposure to the coronavirus or the lack of protective equipment, according to data collected by the law firm Hunton Andrews Kurth.

In many states, alleging intentional misconduct also may allow workers harmed by COVID-19, and their families, to file lawsuits rather than go through the workers’ compensation system, and thus seek bigger damage awards.

For instance, a suit filed in Alameda County Superior Court in June by the widow of a longtime employee of Safeway’s distribution center in Tracy, California, alleged that the company had concealed a COVID-19 outbreak from workers and informed them that personal protective equipment was not recommended, contrary to guidelines from federal and state authorities.

“I don’t know of any jurisdiction that would allow a waiver against intentional misconduct,” said Louis DiLorenzo, head of the labor and employment practice for Bond Schoeneck & King in New York, who represents employers. “That would encourage misconduct.”

Worker advocates argue that lawsuits like the one against Safeway should be encouraged — rather than blocked by waivers or immunity laws — to bring to light serious public safety problems. Cases against McDonald’s in Oakland and Chicago — in which workers claimed the restaurants had created a “public nuisance” by not taking steps to adequately protect workers and customers from COVID-19 — resulted in court orders in late June for those McDonald’s restaurants to implement safety measures such as masks, social distancing and temperature checks.

“A very tiny number of cases are being filed by workers, and those cases are valuable,” said Hugh Baran, a staff lawyer at the National Employment Law Project. “These are the kinds of claims we should want workers to bring.”

Schreiber said he contacted the Montessori school about Aguilar’s firing, and it offered to reinstate her without having her sign the waiver. But Aguilar declined, saying the school was putting teachers at risk by not requiring pupils to wear masks. The school then offered her six weeks of severance pay, which she is considering.

By refusing to sign the waiver or accept her job back, she said, she was standing up for all the teachers at the school, many of whom have children and can’t afford to lose their job.

“I liked my job and I needed the paycheck,” Aguilar said. “But making you sign these papers is telling you that whatever happens, they really don’t care.”

This KHN story first published on California Healthline, a service of the California Health Care Foundation.

Kaiser Health News (KHN) is a national health policy news service. It is an editorially independent program of the Henry J. Kaiser Family Foundation which is not affiliated with Kaiser Permanente.

from Updates By Dina https://khn.org/news/employers-require-covid-liability-waivers-as-conflict-mounts-over-workplace-safety/

[findanattorney]

How To File for Wrongful Death Lawsuit Over Coronavirus

The United States tops the countries with the highest number of coronavirus cases in the world with almost 4 million reported cases and over 143,000 deaths (as at 7/20/2020). Although efforts are being made by the authorities to combat the spread of the virus, it’s sad that daily new cases, recently, are shooting higher at unprecedented rates. 

What’s even more disturbing is that there are many people who lost their lives due to exposure to the virus at places such as nursing homes and places of work where adequate safety conditions were missing. If you have proof that your loved one’s death from Covid-19 was due to willful misconduct or negligence of another person or group, then you may have grounds to file for a wrongful death lawsuit. 

Who can Sue for Negligence or Wrongful Death from Coronavirus? 

You can sue for negligence or wrongful death from coronavirus if you or your loved one had been exposed to the virus due to negligent conduct of another person. 

Cases relating to negligence or wrongful death fall under tort law. Tort law in the Constitution of the United States exists to redress damages caused by an individual by the conduct of another party that falls below a standard of care and carefulness defined by the civil courts. 

You can enforce your right to sue for negligence and pursue compensation if you can, for all intents and purposes, prove that someone or an entity negligently exposed you to coronavirus. 

Some months ago, a Florida couple filed a lawsuit against a cruise ship company. The couple were passengers on the Grand Princess Cruise ship docked outside of Oakland. Unknown to them and other passengers, the ship had been infected by two passengers who came down with symptoms of Covid-19 during its previous voyage. 

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The claimants stated that the Princess Cruise Lines were aware of the potential risk of contracting the virus on their cruise lines and still decided to continue with business in total disregard for public health concern the previous outbreak portended. They therefore filed a lawsuit for $1M alleging the cruise company for withholding such crucial information from the passengers. 

Likewise, Glenhaven Nursing Home in Glendale took heavy flak from a family who alleged the healthcare of negligence and willful misconduct following the death of their loved one who was a septuagenarian. Ricardo Saldana, 77, until his death due to coronavirus was living at the nursing home where he was said to have contracted the virus. 

The family claimed the deceased who recently recovered from a stroke would have stayed healthy if the facility had taken the outbreak seriously. They alleged that Glenhaven allowed a nurse who has been exposed to the coronavirus at another facility to come in contact with patients at their facility without sharing the information with any staff or any of the residents. 

Who can you Sue against Negligence or Wrongful Death? 

The person or entity depends on the circumstances surrounding your case, and your ability to prove the point of infection. Like Ricardo’s family, you can sue a healthcare facility if you can prove that their negligence was responsible for the loss of your loved one. You should consider contacting an experienced personal injury lawyer to know your options. 

How Easy is it to Prove liability about Exposure to Coronavirus? 

It’s one thing to allege, but another thing entirely to have the ability to prove that the responsible party is actually liable. In some cases, it can be more difficult to prove exactly where a victim contracted the virus. 

In the case against Walmart, for example, it was alleged that a worker who died as a result of coronavirus contracted the virus at work. The claimants alleged inadequate safety conditions including the store’s failure to sanitize properly. It was also said that the business failed to provide necessary protective equipment and warn employees of the risk of the disease transmission. 

Responding to the allegation, the store contends that they indeed took all the required precautions. Amid the blame game, the biggest task before the court and the lawyers representing parties is to prove or disprove that the deceased contracted the virus at work. Such a case can be extremely challenging and problematic for many young lawyers given the novelty of the pandemic 

Although it is true that proving the point of infection could be arduous, it doesn’t, however, mean that you cannot file for a wrongful death lawsuit and win the case. You only need an experienced personal injury lawyer who can successfully prove liability beyond reasonable doubt. 

Given how tragic death of loved ones could be, and the consequent financial and emotional damages especially if the deceased was the breadwinner of their family, it’s important to file a lawsuit and pursue compensation that will help sustain the family. 

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from Find an attorney https://findanattorney.net/how-to-file-for-wrongful-death-lawsuit-over-coronavirus/

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Near San Diego CA

Events

Events are something that San Diego doesn’t run out of. Bikers will get the chance to ride along the San Diego-Coronado Bay Bridge on Bike the Bay that’s happening on the 26th of August. It’s going to be a 25 mile trail and bikers will be rewarded with food, beverage, and entertainment after the event. Meanwhile, this coming Sept 23, the San Diego Restaurant Week is to take place. It’s the perfect time to indulge your taste buds and taste multiple cuisines. Close to 200 restaurants will be participating. Artists will get to enjoy the US Sand Sculpting Challenge & Dimensional Art Expo from August 31 to September 3 2018. Sculptors all over the world are going to be present to compete for the grand prize of $60,000. KAABOO Del Mar Festival is for those who enjoy live music by the top artists nowadays. Some notable bands that will be playing are the Foo Fighters, Imagine Dragons, Katy Perry, Robert Plant & The Sensational Space Shifters, Halsey, Post Malone among others. It’s going to happen from the 14th of September until the 16th.

Workers Compensation Attorney Group

People and victims ask for help from the Workers Compensation Lawyers in San Diego because of their wide practice areas. They specialize in Back and Neck injuries, Carpal Tunnel Syndromes, Chemical Exposures, Construction Accidents, Delayed Claims, Denied Claims, and more. You can give them a shot as they offer free consultation to see if they can be of any help to you. Insurance companies are no fun to deal with so you need lawyers who can match them toe to toe. With the combined hundreds of years of experiences among their lawyers, you know that you have nothing to be worried about.

Southwest offering California fare sale; tickets as low as $39

SAN DIEGO (KGTV) -- Southwest announced Tuesday that the company is offering Californians a special deal on travel throughout the state. Southwest says travelers can buy one-way tickets as low as $39, but you better be on your toes. The sale only lasts until August 22. According to Southwest: "Purchase from August 21 through August 22, 2018, 11:59 p.m. in the respective time zone of the originating city." The tickets are for travel from September 11, 2018 through February 13, 2019. San Diegans can travel to Oakland, San Jose or San Francisco for $39 one-way on specific days. Read more here

Airfare tickets for sale | Southwest magnate has announced that there will be an airfare ticket sale on Tuesday until the 22nd of August for those who are in San Diego. Interested travelers can buy one way tickets for as low as $39 to Oakland, San Jose and San Francisco. This is a great deal for those who have family and friends to the places mentioned and want to catch up with them. The flights are valid from the 11th of September 2018 to the 13th of February of 2019. The promo is for flights that fly from Southwest terminals in Burbank, Long Beach, Los Angeles, Oakland and San Jose, Ontario/LA, Orange County/Santa Ana, Sacramento, San Diego and San Francisco.

San Diego Zoo Safari Park in San Diego, CA

The San Diego Zoo Safari Park is perfect for those who have always wanted to see wild animals. They house rare animals like African Rhinos, the fast cheetahs, and giraffes. One of the activities that anyone can enjoy is the Africa Tram. You’ll get to see multiple animals behind scenic views. You can learn more about tigers with the Tiger Keeper Talk. If you’re daring, you can try the Animal Ambassador Stage. You can be face to face with cheetahs, alligators, servals and other exotic animals. You can also ask their trainers to learn more about them. A one day pass that includes the Africa Tram, Cheetah Run and all scheduled shows is $54 for those who are 12 years old and above and $44 for children who are 3 to 11 years old. To experience the best of both worlds, visitors can get the 2 visit pass that includes one visit to the San Diego Zoo and one visit to the San Diego Zoo Safari Park or either two visits to each location for only $86.40 for those who are 12 years old and above and $76.40 for children who are 3 to 11 years old.

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Driving Direction

10 min (4.5 miles)

via CA-163 N

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San Diego Zoo

2920 Zoo Dr, San Diego, CA 92101, USA

Get on CA-163 N from Upas St, Richmond St and Essex St

6 min (1.3 mi)

Continue on CA-163 N to Qualcomm Way. Take exit 6A from I-8 E

3 min (2.7 mi)

Drive to Camino Del Rio N

2 min (0.5 mi)

Workers Compensation Attorney Group

2655 Camino Del Rio North Suite 440

San Diego, CA 92108

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A Personal injury lawyer is your legal adviser who can help you in receiving the recovery amount in case you have suffered any injury. Your Denver personal injury attorney is going to want to meet together with you in preparation for the deposition. A dedicated and professional personal injury Lawyer can help you receive the financial compensation you have to cover any healthcare bills. Employing the best personal injury attorney is a significant decision. The Missouri personal injury attorney accounts for filing the lawsuit and argue for the party in concern, attempting to receive them a just compensation amount.

You must hire a lawyer on a contingency basis. Owing to these time restrictions, it’s important to seek the services of a lawyer and begin the claims process when possible so that your lawyer can fight for the compensation that you deserve. Car crash attorney been hurt in a recent accident. You want a crash attorney to comprehend the circumstance and get you the help you want! Hence an Oakland automobile incident lawyer is also enjoying great business nowadays. Louis wrongful death attorney will investigate and determine the clues and safeguard them.

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Injuries sustained on construction sites can be particularly serious and might bring about permanent 78400 E. Prentice Ave., # 150 physical damage. No matter form which sort of accident you’re suffering from injuries, we can assist you in obtaining a deserving payment. If you’ve suffered an injury, if you’re disabled and can’t do the job, or if a relative has died in an accident because of somebody else’s negligence, we wish to hear your story. If you’re suffering due to one of these injuries, do not neglect to approach personal injury Law Long Island firm immediately.It is crucial 80111 to keep in mind that not every injury will bring about monetary reparation.A personal injury may have a life-long effect on personal injury law firms Denver United States of America you and your family members, diminishing your wellness, ability to earn an income, and total quality of life. Whenever most workplace injuries are covered by workers comp, in the event that you wereinjured on the jobas a consequence of defective equipment, on account of the actions of a third party aside from your employer, or because of your employer’s deliberate actions, you might be eligible to submit a personal injury claim rather than relying on workers comp.

The very first step is to discover legal counsel who has experience within the locality where the case is going to be heard. You ought to be aware, however, your lawyer isn’t going to tell you just what to say in response to the questions asked, but you are going to be advised regarding the kinds of questions that could be expected from opposing counsel and you’ll be given an approximation concerning how long the deposition should take.Our attorneys will help direct you through the strain of handling legal issues United States of America arising with an accident and the consequent injury. Although firing the lawyer might appear the logical first step, clients who intend to fire a lawyer should first seek the services of a new one.Or it might be that the attorney’s experience in a specific Denver area of the law is restricted. Personal injury attorneys mainly represent victims of injuries stemming from the negligence of someone else or just a business.Many Denver personal Colorado injury attorneys have an overall practice, meaning they practice law in a number of different areas.

So as to win the case and get compensation, the lawyer must show that the injury was the consequence of someone else’s negligence or misconduct.Our attorneys also supply the legal counsel you have to acquire fair 303-221-0039 treatment with respect to workers’ comp benefits. With years of knowledge and superior credentials, our personal injury attorneys on Long Island possess the insights essential to analyze the special conditions of your case and get the very best recovery feasible for you. Needless to say, many personal injury lawsuits settle before trial, but this is often on account of the extensive preparation put into all our cases. Your lawyer will be beside you every step along the way to assist as needed. Knowledgeable attorneys understand how to use the law to your case to accomplish the best possible outcome. If you were injured you desire a practical and tactical Denver personal injury lawyer

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from Mack Butler Atkins Charity Classic https://mackbutleratkinscharityclassic.wordpress.com/2017/12/30/when-you-are-looking-for-an-injury-lawyer-you-need-one-that-is-going-to-offer-your-case-the-comp/

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Jeams Latimer is a trusted workers' compensation lawyer in Oakland who is committed to helping injured workers get the compensation they deserve. With years of experience in this field, he has successfully handled numerous cases, ensuring that his clients receive fair compensation for their injuries, lost wages, and medical expenses. He has a deep understanding of the laws and regulations surrounding workers' compensation cases and is passionate about fighting for the rights of his clients. Jeams Latimer is dedicated, compassionate, and will work tirelessly to ensure that his clients receive the justice they deserve.

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California Workers' Compensation Lawyers: Defending Your Rights and Ensuring Fair Compensation

If you have suffered a workplace injury or developed an occupational illness in California, you may be entitled to workers' compensation benefits. However, navigating the complex legal system without the guidance of experienced professionals can be challenging. California workers' compensation lawyers can help in this situation. This blog post explores the crucial role these lawyers play, as well as the services offered by Latimer Law, a leading firm that protects workers' rights.

The California Workers' Compensation System: An Overview

Workers' compensation in California provides medical treatment, wage replacement, and other benefits to employees who suffer work-related injuries or illnesses. It can be extremely challenging to file a successful claim, especially when you are in pain and stress.

The Importance of Hiring a Workers' Compensation Lawyer:

Workers' compensation lawyers are specialists in the field of workers' compensation and know the California system inside and out. Their expertise in the legal process ensures you meet all deadlines and requirements throughout the process.

Introducing Law Offices of James Latimer:

When it comes to workers' compensation cases in California, Law Offices of James Latimer stands out as a trusted and reputable firm. With years of experience, their team of dedicated lawyers has successfully represented numerous injured workers, fighting tirelessly to protect their rights. Their mission is to provide compassionate, individualized legal services and achieve the best possible outcome for their clients.

At Latimer Law, their attorneys understand the physical, emotional, and financial burdens you may face after a workplace injury. A customized strategy is developed after listening to your story, evaluating your case, and evaluating your compensation. With their vast expertise and track record of success, you can rest assured that your rights are in capable hands.

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What Role Does An Oakland Workers Compensation Lawyer Play?

In this article you will learn the role an Oakland workers compensation lawyer play? We help injured workers apply for their benefits as soon as possible. Workers’ compensation is a process that takes time to determine who is eligible for benefits and how much they should receive. In addition, when an employer has a workplace accident, this lawyer must communicate with the insurance carrier and the employer to acquire any information related to the claim. Click here to learn more.

[latimerlaw]

Find the right Oakland workers' compensation lawyer from the leading Law Offices of James Latimer. We focus solely on worker's compensation, which allows us to invest all of our time, resources, and effort into helping people get back on their feet after a work injury. Our California workers compensation attorneys are ready to do anything to help you navigate this process. Visit our website for more information.

[latimerlaw]

Latimer Law is a reputable law firm in Oakland, known for its expertise in handling work injury cases. Their team of experienced lawyers is dedicated to helping clients get the compensation they deserve for their injuries, including medical bills, lost wages, and pain and suffering. They have a proven track record of success in winning settlements and verdicts for their clients. Latimer Law offers personalized attention to each case, ensuring that clients receive the Best Work Injury Lawyer Oakland . Contact them today for a free consultation and find out how they can help you with your work injury claim.