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Los Angeles Legal Issues Blog

Two ways to recover damages after fatal truck accidents

It is not unusual for motorists on California highways to feel threatened by big rigs sharing the roadways with them. However, a recent accident that claimed the life of a FedEx driver proves that the opposite can also apply. Reckless or negligent actions by drivers of passenger vehicles can cause the operators of tractor-trailers to lose control of their vehicles, with devastating truck accidents as the result.

According to a preliminary accident report, the crash occurred in San Diego on a recent Tuesday afternoon. A 55-year-old FedEx employee was heading west on State Route 905 when a woman who was traveling in the same direction came up from behind. For unknown reasons, she proceeded to pass the large truck on the right. This action reportedly caused both the drivers of the car and the big rig to lose control.

What you need to know about persistent and worsening headaches

If you got into a car accident and hit your head, you probably have a headache. Developing a headache is common after you experience a head injury. According to WebMD, most headaches usually go away within four weeks of the initial injury. 

However, headaches may sometimes be persistent and get worse. Learn some important information regarding headaches after a brain injury, and remember to consult your doctor about any of your symptoms. 

Employee rights violation alleged for working 18 months, 24-7

California workers might find it difficult to imagine having to work 24 hours a day, seven days a week for an extended period. However, a lawsuit was recently filed in another state in which a worker claims his remuneration was below the minimum wage level. He alleges his employee rights were violated during his employment as an oil field gate guard.

The plaintiff alleges he spent 18 months working 24-hour shifts sitting in his private vehicle near the gates to an oil field. His duties included being available for anybody who wanted to leave or enter the oil field. He claims traffic continued throughout every day and night, and short bouts of dozing off between been being summoned by a buzzer were the only sleep he got.

Car accidents: Suspected DUI driver causes fatal 7-car crash

Several safety agencies recently responded to a multi-vehicle crash in Riverside County. According to the California Highway Patrol, this was one of those car accidents that resulted from the actions of one driver who is suspected of being under the influence of alcohol. Some surrounding roads were closed for three to four hours while investigations were underway.

Reportedly, a 38-year-old Moreno Valley man was traveling east on Alessandro Boulevard without noticing that traffic had come to a halt. The high speed at which he was apparently traveling caused him to lose control. His vehicle smashed into another car, killing the 62-year-old driver.

Employee rights to refuse dangerous work conditions

No California worker should have to risk his or her life in conditions that are life-threatening. Employee rights allow workers to refuse dangerous work, but they must follow the appropriate steps. The first step is to inform the employer of the hazard. However, the fact that the issue was reported does not give the employee the right to refuse to work and leave the job site.

For an employee's rights to be protected, certain conditions must be met. If the employer does not take action and eliminate the hazard, and any other reasonable person would agree that the worker's life will be threatened, it might be grounds for refusal. Also, if the nature and severity of the danger do not leave enough time for an inspection by the California Division of Occupational Safety and Health, the right to refuse work may be valid.

Safety hazards faced by California restaurant workers

When you show up to work your restaurant job in California, you face a unique set of risks that differ from those faced by workers in other industries. The fast-paced nature of the industry, coupled with the fact that many workers lack experience and are often working around high temperatures and heavy equipment, means that many workers like you suffer injuries every day in American eateries.

Your employer has a duty to minimize safety hazards in your place of business as much as possible, with California‚Äôs Division of Occupational Safety and Health serving as the governing body responsible for overseeing restaurant safety in the state. In addition to setting safety regulations and guidelines, the organization researches serious restaurant accident reports that often involve many of the same types of injuries.

Employee rights: Nail technician awarded almost $12,000 overtime

No worker in California should have to continue working overtime hours without compensation just to be able to earn some income to support a family. Employee rights in California include the right to fight for full payment for the work performed. This was what a nail technician in another state did when she finally plucked up the courage to do something about being financially exploited for seven years.

According to court documents in the federal lawsuit, the plaintiff claimed she was employed by the defendant as a nail technician to work in a nail salon from 2008 through 2015. The plaintiff contended she earned $75 per day during all those years, irrespective of the number of hours she worked. She said her hours from Mondays to Saturdays were typically nine per day, while she worked for six-and-a-half hours on Sundays.

Common sources of injury for paramedics and EMTs

Emergency medical services workers, such as paramedics and EMTs, have one of the most demanding and rewarding jobs. For every life they save, however, they face numerous risks of injury and even fatality, giving the industry a significantly higher injury rate than the national average.

If you work in the EMS field, it is important to be aware of the most common sources of danger you may experience on the job. Doing so can help you prevent an accident or injury and recognize when you have a workers' compensation claim.

Workers' compensation claim may follow construction site injury

The California Division of Occupational Safety and Health received notice of a recent construction site accident in Ventura County. Injuries that sent a 62-year-old employee to the hospital will likely lead to a workers' compensation benefits claim. Authorities say the incident occurred on a recent Tuesday.

The emergency workers at the fire department rushed to the site following an alert that they received shortly after 1 p.m. A spokesperson explained that a crane was removing some 4,000-pound rock-filled metal boxes from the flat bed of a truck. These boxes were then lowered into a hole to serve as a base for a water tank.

Employee rights: A 40-hour work week may give more flexibility

Interested parties in California are suggesting a change to the current rule that requires employees to work eight hours per day. Current law rules that employers must pay overtime at a rate of time-and-a-half for any additional hours worked. The suggestion is for employee rights to be altered to a system that will give workers more flexibility and save employers unnecessary overtime obligations.

The argument is that the workload in California varies throughout the year, and a more flexible system can benefit both employers and employees. Currently, an employee who needs a couple of hours off to carry out parental responsibilities has to sacrifice sick hours or vacation time. However, he or she may have to work more than eight hours the following day to catch up with what was left undone the previous day. The employer will then have to pay overtime rates for those extra hours.

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Law Offices of Anthony Choe
3700 Wilshire Blvd
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