California Elder Abuse Lawyer Blog

June 11, 2021

Do I Have the Right to Work from Home?

After more than a year living in a pandemic, many workers have grown used to working from home (WFH) and want to continue doing so, even as the country begins to edge closer to more re-openings. However, with more people getting vaccinated and Covid-19 rates decreasing in many states, some employers are pushing for their employees to return to their worksites. What happens for workers who don’t want to return? Is there a legal right to work from home?

No Legal Right to Work Remotely

When public health orders are lifted and employees are cleared to return to the workplace, employers might have operational concerns to justify a distinction between essential and noncritical workers; they have the right to determine the worksite of any of their positions. Although people have been working from home to help slow the spread of the coronavirus, the pandemic does not change any existing labor laws.

June 4, 2021

Taking Legal Action for Unpaid Bonuses

By Walton Law, A.P.C.

California workers are entitled to receive fair compensation for all the work that they’ve completed. They rely and depend on this notion. It also includes the idea that any bonuses will be paid as they are earned. But what happens if your employer doesn’t honor this and won’t pay you for your bonuses? Read on to learn about taking legal action for unpaid bonuses.

Bonuses are not only significant because an employee should get everything that they are entitled to receive, but they also are an important part of the employee’s complete compensation package. It serves an integral function of helping employees making decisions about whether to continue employment with their company or whether to take a job in the first place. Generally, an employee can pursue legal action against their employer if the employer hasn’t paid them for their bonus.

Bonuses Based on Employment Contracts

May 28, 2021

What You Should Know about Being Compensated for Gym Injuries

By Walton Law, A.P.C.

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As more businesses continue to re-open in California as Covid-19 cases decrease and vaccination rates increase, you might be more willing to check out your local gym to lose some of the pandemic weight. But what happens if you suffer injuries at your gym? Read on for important information that discusses your legal rights and what you should do to get compensated for any losses you may have suffered at the gym with a personal injury lawsuit.

When you visit the gym, you expect that the premises will be clean, secure, and well-maintained; you also expect that the equipment is safe to use for your exercise needs. Fortunately, this is true most of the time. However, if a gym owner fails to maintain their gym and its equipment, then it can lead to major accident and serious injuries. If an individual suffers an injury at the gym, then they could have a potential legal claim against the owners of the gym, the gym, and the gym’s insurance company.

Types of Gym Accidents

May 21, 2021

Auto Insurance Requirements in California

By Walton Law, A.P.C.

California, (like many other states) has minimum insurance requirements which must be made before you can operate a vehicle legally. Under state law, you are required to have automobile insurance, and if you don’t, there are penalties for not having the minimum amount.

The way that almost all accident-related injuries are compensated is through liability insurance. Since California is an at fault state, the insurance company of the person whose negligence caused the accident is responsible for paying for the injured party’s damages; this is the reason that California requires auto insurance minimums.

Minimum California Car Insurance Coverage

May 14, 2021

Top Three Safety Issues Facing Nursing Home Residents

By Walton Law, A.P.C.

Nursing home residents are confronted with numerous safety issues while living in the facility. Although some accidents seem almost inevitable because nursing homes house mostly older people, there are ways to be proactive. Nursing home staff should have safety measures in place to deal with obvious problems, so that they can mitigate injuries and lessen the impact. If you have a loved one who is a nursing home resident, you will want to recognize their vulnerability and how you can help them. Read on to learn about top three safety issues facing nursing home residents.

Falls: This is one of the biggest concerns for nursing home residents. This shouldn’t come as a surprise because many individuals realize that falls are one of the main causes of fatalities for seniors. Ironically, getting help with moving around (to shower and bath, for instance) is one of the reasons that people move into nursing homes; they want to reduce the risk of falling. However, falls can still occur in nursing homes, due to negligent staff or poor design of the facility. Here are some things that you can check to see if the nursing home staff is doing their best to help prevent trips and falls:

Does the staff help the residents stay physically active, so they are less likely to fall?

May 7, 2021

What is the Difference Between Abuse and Neglect in Nursing Homes?

By Walton Law, A.P.C.

Many seniors in the U.S. experience some form of abuse while they are residing in a nursing home. And many cases are unreported. Although neglect is considered a form of abuse, it is also considered a separate type of injury entirely. The distinction is minimal when it comes to ensuring safety for nursing home residents: Either way, you will want to get help for your loved one. However, it is important to recognize the differences and to get clarification on what is truly happening to them in their nursing home. Read on to learn the difference between abuse and neglect.

What is Nursing Home Abuse?

The federal government considers abuse “the willful infliction of injury, unreasonable confinements, intimidation, or punishment with resulting physical harm, pain, or mental anguish.” Nursing home abuse includes several types, including the following:

April 30, 2021

Does My Employer Have to Say When a Coworker has Coronavirus?

By Walton Law, A.P.C.

In the early stages of the pandemic, it was up to the employees themselves to keep track of Covid-19 cases. Now, it is the employers’ turn to let their employees know about the coronavirus, thanks to a California law. The Governor passed AB 685 on September 17, 2020. It went into effect on January 1, 2021 and expires on January 1, 2023. This law requires employers to give specific notices about Covid-19 in the workplace.

Notice Requirements for COVID-19 the workplace

California employers must provide their employees with written notice within 1 business day of getting notification of potential exposure of Covid-19. All employees (and employers of any subcontracted employees) who were at the common worksite as the worker who was diagnosed with Covid-19 during the infectious period must be notified.

March 19, 2021

Chemical Restraints in Nursing Homes

By Walton Law, A.P.C.

Many nursing home residents depend on the assistance of staff to help administer their medication. This is a very important aspect of their lives because medication can be needed to help manage existing health conditions and to ensure that the residents can maintain healthy lives. However, there are times when nursing homes improperly use medication as a chemical restraint.

What is a Chemical Restraint?

Thankfully, most nursing homes would never consider using a physical restraint. However, many institutions do indeed use chemical restraints in the form of psychotropic drugs. These drugs can impact the resident’s thoughts, physical responses, and general behavior.

March 12, 2021

How Understaffing Affects Nursing Home Residents

By Walton Law, A.P.C.

One of the main reasons for placing your loved one into a nursing home may be that they need care and supervision they simply can’t get at home. However, this very important factor may be undermined by understaffing in nursing homes. Unfortunately, understaffing in nursing homes is a common problem throughout the country. Read on to learn about the understaffing problems in nursing homes and how the resident to staff ratio can impact the quality of care in these facilities.

Immobile Residents

Since many nursing home residents have mobility issues and have difficulty moving independently, they rely heavily on staff for help. For instance, understaffing can lead to occasions when the staff members are unable to turn the residents in bed enough times or to move them around to avoid muscle atrophy. Because they occur when an individual remains in the same position for too long a period, bedsores can also occur. Immobility can also lead to skin infections, and falls, which can result in even more serious injuries.

March 5, 2021

How Can Social Media Can Get You Fired?

By Walton Law, A.P.C.

No matter how you feel about social media it is here to stay. Many people turn to social media to communicate with others and to express their thoughts on every facet of their existence, including their professional lives.

For those who wonder whether you can get fired for your social media posts, this issue doesn’t just concern celebrities or those in the news; it has happened to many different people in various industries. The following are some examples of content that has resulted in the poster being fired:

Bankers used social media to pretend to be members of a terrorist group.