July 2010 Archives

July 29, 2010

Chronic Back Pain After Auto Accident Should Be Examined

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Back pain, stiffness and soreness after an auto accident could be the sign of more severe damage. Disc injuries are some of the most common after auto accidents, slip and falls and other unforeseen incidents. The discs are the support cushions between the vertebrae of the spinal bone, so injuries to them can cause severe and chronic pain, even paralysis.

When a disc in your back is ruptured or herniated (bulging out of place), the soft center of the disc pokes through a weak spot in the fibrous outer layer. This, in turn, can cause painful pressure on nearby nerve endings. If you've been injured and are experiencing any of the following symptoms, you should see a doctor right away:

- Sudden backache
- Sudden neck pain
- Unable to straighten up without extreme pain
- Numbness
- Tingling
- Weakness in one or both arms
- Pain in the legs
- Bladder problems

Anytime you've experienced an injury, you must see a doctor and have tests administered to find out what's causing you pain. A doctor will likely run one or more tests to examine your back, including: x-rays, CT scan, MRI (Magnetic Resonance Imaging), electromyography, myelography or discography. The results will likely show if discs are out of place or if any other damage has occurred.

Some injuries take a while to present symptoms or they may be so gradual that you just learn to live with the pain. However, a personal injury attorney can fight for your rights to get you compensation for your injuries if they have been caused by someone else's neglect or willful action. Never wait to see a doctor - get a medical opinion immediately so that you don't risk making the injury worse.

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July 23, 2010

Violations of California Labor Code Can Lead to Lawsuits for Overtime Pay

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According to the Division of Labor Standards Enforcement (DLSE) in California, there are strict rules regarding overtime and how employees must be paid for working longer hours. If these rules are violated, an experienced attorney can help you file a claim with the DLSE as well as against your employer to get you the money you deserve.

The DLSE states that employees 18 years of age or older (or minors 16 or 17 years of age who are not required to attend school) must be paid one and one-half the amount of their regular rate beyond eight hours a day or six days a week. This rate applies up to and including 12 hours a day. After 12 hours and/or seven consecutive workdays, employees must receive double their regular rate for hours worked.

Many employers exploit workers and make them work overtime at the regular pay rate. Employees, in turn, are often scared they'll lose their jobs and don't make a fuss when overtime hours are not paid. However, this is a violation of California Labor Law and you have every right to demand what you are owed without fear of retaliation or firing.

Statute of Limitations
In California, there is a strict statue of limitations when it comes to filing a claim against an employer for unpaid overtime wages. For jobs that were structured based on an oral agreement, the claim must be filed within 2 years of the date the claim came about. Claims regarding jobs that have contracts/written agreements must be filed within 4 years of the date the claim began.

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July 9, 2010

Helmets Prevent TBI, Death for Young Cyclists in Modesto

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Statewide, California teens under the age of 18 are required by law to wear helmets while riding bicycles. Unfortunately, many teens risk their lives by not wearing helmets and other safety equipment. When an accident occurs, the result is often quite severe, including Traumatic Brain Injury (TBI) and even death.

The National Bicycle Safety Network (NBSN) reports that the failure to wear a helmet is the direct cause of most head and brain injuries in bicycle accidents, particularly for teens age 13 to 17. According to the NBSN, well over half of those killed in bicycle accidents were not wearing helmets. In fact, wearing a helmet can reduce your risk for major injury and/or death by up to 88%.

Reduce Your Teen's Risk
Parents can help protect their teenagers by encouraging them to follow a few simple rules when riding bicycles:

- Always wear a helmet
- Always obey traffic signals and stop signs
- Always ride with traffic
- Always use hand signals
- Always wear reflective clothing or accessories, even during the day

It is also very useful for teens to brush up on bicycle safety techniques, especially when they head off to college or begin using bicycles as primary transportation. Sometimes, it's easy to think that you're invincible on a bike because you can fit into smaller spaces that other vehicles cannot. However, poor judgment and inattention can cause injuries that can easily be avoided with the proper precautions. If your teen has been hurt while riding a bicycle, contact a Modesto personal injury lawyer regarding your case to get all the facts as to your rights under the law.

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