Modesto Injury Lawyer Blog

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.

If you've been injured on the job but you work part-time or full-time from your home in Modesto, you may be wondering about your eligibility for worker's compensation benefits. As technology increases and employers find that there are increased benefits for allowing employees to have flexibility to work outside of the office, this issue is becoming more and more prevalent.

So are you covered if you work at home? Usually, yes. According to The California Department of Industrial Relations' Division of Workers' Compensation, if you get sick or hurt because of work, your employer must pay for workers' compensation benefits. As long as an eligible employer covers you, you can typically receive worker's compensation benefits for injuries that occur as a direct result of a workplace accident or over time due to workplace duties.

Outside of the home, you may also be able to receive workers' compensation benefits if you are injured while driving a company vehicle during business hours or if you're hurt while conducting business during a trip for work. If you are self-employed (i.e. freelance or independent contractor), you can pay for your own workers' comp insurance to cover you in case of injury.

The Benefits of Workers' Compensation
In the state of California, workers' comp payments include six basic benefits:
1. Medical Care
2. Temporary Disability Benefits
3. Permanent Disability Benefits
4. Supplemental Job Displacement Benefits - if your injury took place in 2004 or later, these benefits help you pay for the cost of additional training or skill enhancement if you can't return to your old job because of injury
5. Vocational Rehabilitation - for injuries sustained before 2004
6. Death Benefits -payments are made to your spouse, children or other beneficiaries in the event of death from a workplace injury or illness

As the workplace continues to expand to our homes, cars and online, workers' compensation benefits have continued to keep pace in order to fit with current working trends. If you're not getting all the money you're entitled to or if you think you might have a case against a third-party that caused your injury, call a Modesto workers' compensation attorney.

On March 5, 2010, Dot Foods, a Modesto-based company, rewarded several employees for stellar workplace safety records in 2009. The company, which is the largest food redistributor in the United States, offered four outstanding workers either a brand new ATV (all-terrain vehicle) or a high-definition TV. Other prizes were given out to 36 warehouse personnel, drivers and support staff as well, for a grand total of $140,000 in prizes for eligible workers.

The giveaway is the result of an incentive program that measured safety incidents over the past year. More than 2,300 employees participated in the program. In order to be eligible for prizes, employees had to work for at least 1,000 hours, have no written disciplinary action and no OSHA recordable injuries. Drivers also had to meet a minimum earning requirement and have no motor vehicle accidents during the past year. The safety incentive program was so successful that Dot was able to reduce OSHA recordable injuries by 35 percent and affected workdays by 43 percent in 2009.

Companies like Dot Foods reward their employees because they value high standards of safety. Unfortunately, some companies fall short of safety goals. Each industry has its own demands and set of risks to consider, and injuries in manufacturing and production jobs are almost inevitable over time. That's why it's critical to know your rights as an employee. No matter what kind of work you do, workplace injuries should be properly reported and handled by your employer. If you've been injured on the job and aren't receiving the right treatment or compensation, contact a worker's comp lawyer to examine your case. There's no reason you should suffer unjustly, physically or financially, from a workplace incident.

Worker's comp insurance benefits are designed to help cover the costs associated with medical care after a workplace injury. Although acceptance of these benefits usually precludes legal action against an employer, employees who are denied benefits can file suit to recover money they are owed. Third parties may also be found liable for workplace accidents.

Possibly due to fraud in the system, it seems like it's getting tougher for workers to get paid for legitimate injuries. California Governor Schwarzenegger passed legislation in 2005 that reduced eligibility for direct payments and medical care costs for injured workers. Additionally, corporations are taking measures to avoid paying employees' worker's comp benefits. On March 3, 2010, California Attorney General Edmund G. Brown filed suit against a construction company called Country Builders, Inc. based in Livermore, CA. The AG claims that the company "cheated workers out of wages" and falsified company records to reduce the company's worker's compensation premiums. According to Brown's office, the company owes employees more than $1 million.

Making Ends Meet
Even when benefits are granted, California worker's compensation wages are often not enough to cover most living expenses or medical costs. The cost of living in northern California, combined with supporting a family or other dependants, can be overwhelming if you're trying to live off of worker's comp payments.

If you've been injured at work, you have to work with an attorney who handles worker's comp claims on a regular basis. An experienced worker's comp attorney can examine your case for details that you might miss on your own. Additionally, a Modesto worker's comp attorney can take on large corporations to fight for your money. Your employer has lawyers working hard on their side, and you should too. Particularly in times of economic recession, it seems that companies are doing all they can to avoid paying workers what is owed. But you don't have to be a victim. A reputable lawyer will take on your case and only get paid when you do.

For many Modesto residents, recovering from a workplace injury can be a challenging process. Depending on the severity of your injuries, as well as your access to healthcare, paid time off, rehabilitation facilities and medication, recovery can take a few weeks or even several years. However, because workers simply have less free time, they are more hesitant to take time off, even after injury, according to a study published by the American Journal of Public Health.

In this study, research shows that recovering from and coping with workplace injuries has become more difficult than ever because of the time squeeze and financial restrictions on households in the United States. Particularly for single parents, worker's comp is often not enough to pay the bills. The study reports that worker's comp benefits only replace 32% to 41% of pretax losses during a 10-year observation period. During that time, worker's comp payments also ceased for many who used to be eligible. Given this, and the fact that the average injured working is only 37 years old, lifetime losses can be quite considerable.

The Effects on the Family
For people with minor injuries, one might think that a worker's comp claim might allow them to spend more time with their families. However, the research indicates that even when injuries are not life threatening, the time spent at home by the injured party is not productive. It can cause stress on relationships, reduce the ability to complete daily chores and place an extra burden on other members of the household.

The good news is, you don't have to go it alone. When you or someone in your family has been injured at work, you have to fight to get the money you need. You didn't choose to get hurt and you've got to know your rights. A personal injury lawyer can review your case to make sure you're getting all that you deserve. It's not about trying to milk your employer or get something for free - it's about providing the means to take care of yourself and your family when you've suffered unjustly.