Category: Back Injury

An employee’s workers compensation absence and FMLA leave entitlement can run at the same time. This means that while the employee is receiving workers’ compensation benefits to make up for lost wages, their job and health benefits are protected under the FMLA. The time an employee spends off work recuperating and receiving workers’ comp benefits is also being deducted from the mandated 12-week unpaid, job-protected leave provided by the FMLA.
In the event that both workers’ compensation and FMLA laws apply, it’s the duty of the employer to classify the leave as FMLA-qualifying (if applicable) and inform the employee of this situation. However, even if the employer fails to do this, the employee may still be eligible for FMLA leave after their workers’ compensation absence has ended. In certain cases, if an employee requires additional workers’ compensation medical leave after using up their FMLA leave, additional provisions may apply as a “reasonable accommodation” under California’s Fair Employment and Housing Act.

According to the regulations of California, sustaining an injury at your workplace entitles you to a compensation equivalent to two-thirds of your gross income before tax. An upper limit on this compensation amount is set by the state, too.
To calculate your usual weekly earnings, divide your annual salary by the total number of weeks in a year (i.e., 52). For example, an annual income of $104,000 factors into a weekly wage of $2,000. By the principle of the state law, the maximum remuneration you could receive would be $1333.32, constituting two-thirds of your gross income before tax.

In the state of California, workers’ compensation is public record. However, while everyone can request information about a case, record coordinators do have the right to be able to deny a request. Specifically, they’re able to do so should releasing the information be a violation of federal or California laws regarding privacy.

Someone can access the records should they be a party to the claim, from the office of the district attorney, a member of a law enforcement agency, or have a journalistic purpose.

An experienced worker’s compensation attorney, Belal Hamideh can protect your rights in many ways. For a free case evaluation, message him through our site or call.

Typically, workers’ compensation benefits are not taxed. This is because these payouts are sourced from taxpayer funds, and taxing once more would only pull back what was given out – an ineffective practice, to put it mildly.
The benefits you receive are exempt from tax under both state and federal law.
This holds true for temporary disability benefits meant to compensate for lost income during recovery, permanent disability intended to cover future wage losses due to job-related injuries, death benefits for dependents of workers who pass away from work-related accidents or for medical expenses incurred due to the injury.

Worker’s compensation is typically not subject to tax. After all, the system in place to disburse these benefits is funded by taxpayers, and taxing these benefits would essentially retract what has already been paid out – that would be inefficient, to say the very least.
The benefits you receive are all exempt under both state and federal law.
That’s true whether these benefits are for temporary disability to cover loss of income during recovery, permanent disability to address a future wage loss due to impairment resulting from a workplace accident, death benefits for dependents of a worker who died from a job-related accident, or for medical expenses related to the injury.

There’s no set time for how long it takes for a personal injury case to settle. Belal Hamideh, an experienced personal injury lawyer, has settled cases quickly and, on occasion, has represented his clients as aggressively as possible while the other side dug in their heels.

Sometimes, the other side realizes that they’re better off negotiating quickly with Belal so that he can get his clients what they deserve.

No matter what, the earlier you reach out to an experienced attorney, the better. That way, your attorney can get right to work on your behalf.

When tragedy strikes and a life is lost due to the wrongful conduct of another, several parties are given the authority to initiate a wrongful death lawsuit. This typically encompasses the immediate family of the deceased, including the surviving spouse, children, and parents, who can seek monetary restitution through legal means. There are also instances where others, such as dependent minors living with the deceased, other inheritors, and blood relatives, may be entitled to instigate a wrongful death claim.

Additionally, a representative appointed for the deceased’s estate may have the authorization to lodge a legal suit. However, navigating the complex maze of a wrongful death lawsuit can be an arduous task, given its intricate nature. This is where the assistance of a proficient wrongful death attorney, such as Belal Hamideh, can be crucial. Reach out to us for a complimentary case assessment, either on our website or through a phone call.