Legal News
On May 27, 2020, in County of Santa Clara v. WCAB(Justice), the 6th District Court of Appeals held that permanent disability could be apportioned to non-industrial factors pursuant to Labor Code Section 4663 following industrial medical or surgical treatment regardless if it is directly caused by the work-related injury. The holding follows the finding in Petaluma which states that when there is unrebutted substantial medical evidence that non-industrial factors caused permanent disability, permanent disability shall be apportioned pursuant to the Labor Code. The non-industrial factors include pathology, asymptomatic prior conditions and retroactive prophylactic work preclusions. The Applicant in this matter had non-industrial, preexisting knee degeneration that caused 50% of the resulting post-surgical permanent disability.
What Qualifies as a Work-Related Injury?
Workers’ comp laws differ by state, so workers should know where to find accurate information if they believe they’re eligible after sustaining a work-related injury. California workers’ compensation law covers certain injuries and exempts others. This guide discusses who is protected by workers’ compensation, which types of job-related injuries and illnesses are covered under California […]
4 Biggest Legal Challenges for Employers During the Holidays
The holiday season brings joy and festivities, but for employers, it also comes with a unique set of challenges. To ensure a smooth and legally compliant workplace during this time, it’s crucial to understand your rights as an employer and your employee’s rights. In this guide, we’ll delve into the biggest employment issues during the […]
Labor Department’s Update for Gig Workers
The U.S. Department of Labor released a proposal on October 11th that could change the landscape of the gig-worker economy. The proposal addresses the thousands of workers who have been mislabeled as independent contractors rather than employees, which potentially bars them from receiving certain benefits and protections they rightfully deserve. Allowing companies to misclassify employees […]
Can I Sue My Employer for Emotional Distress?
Are you suffering from emotional stress in the workplace? Do you feel like earning your living every day takes a toll on your mental health? As one of the best law firms in Los Angeles, Khanuja Law Firm is committed to providing the legal representation and support you need to overcome these types of situations. […]
Over 5,000 Nurses Were Assaulted at Work in Q2 2022
Recent Study of Nurses Assaulted at Work In the second quarter of 2022, 5,217 nurses were assaulted at work, according to data collected and reported by Press Ganey. The already shocking number is likely even higher since assaults are generally underreported by healthcare and nursing professionals. The analysis covered 483 facilities in the National Database […]
Working Outside in the Heat When Its Over 80º
September 6, 2022 Californians working outside in the heat are protected by heat illness prevention laws whenever outdoor temperatures rise above 80 degrees F. With the recent heat wave spreading across California, it’s important for those working in agriculture, construction, landscaping, oil and gas extraction, and transportation industries to know their rights and which protective […]
Black Tesla Workers’ Claim Unfair Pay & Retaliation in the Workplace California
August 25, 2022 Tesla Inc.’s request to throw out a racial discrimination complaint by California’s Department of Fair Employment Housing was tentatively denied on Tuesday (Aug. 23). DFEH describes the San Francisco Bay Area factory as a “racially segregated workplace.” Since looking into complaints from hundreds of Black workers, the DFEH unearthed evidence of mistreatment […]
Uber Misclassification Lawsuit Resolved By $8.4M Deal
August 12, 2022 Update: 1,329 California Uber Technologies Inc Drivers will receive a cut of the $8.4 million deal approved by CA federal judge, Edward M. Chen, on Tuesday, August 9, 2022. The drivers claimed that Uber misclassified them as independent contractors, barring the employees from receiving certain wages and other benefits such as health […]
Lateral Epicondylitis from Repetitive Overarm Movements on the Job
If your job duties require painful, repetitive movements of the forearm, wrist and elbow over a prolonged period of time, you may be at risk of developing lateral epicondylitis, also known as “tennis elbow.” Per a study by Cleveland Clinic, “tennis elbow” is a common work-related injury amongst those performing continuous overarm movements, including but […]
Anxiety from COVID-19 Outbreak in the Workplace?
Khanuja Law has been able to successfully advocate for workers who fear the possibility of contracting COVID-19 on the job due to an outbreak. Our clients have been able to receive compensation and treatment for stress, anxiety and panic attacks stemming from COVID-19 outbreaks at work. Request a free consultation today.
High Injury Rate for Amazon Warehouse Workers
A recent study by the Strategic Organizing Center found Amazon warehouse workers to have suffered 49% of all injuries in the warehousing industry in 2021 despite Amazon employing only 33% of warehouse workers. Khanuja Law has experience aggressively advocating for warehouse workers who sustained musculoskeletal injuries from prolonged packing, bending, and heavy lifting to meet […]
Workplace Assault
Per the National Safety Council, 70% of all nonfatal injuries from workplace assault occur to women. If you have been injured as a result of workplace violence, Khanuja Law is here to help. Visit khanujalaw.com to request a free consultation
OSHA Guidelines to Prevent Injuries Resulting From Tractor Overturn
FARMER SAFETY In the agriculture industry, one of the leading causes of fatalities and serious injuries involving lost time from work is tractor overturn. To control hazards and prevent the risk of injury associated with farm equipment, OSHA requires each industrial tractor with over 20 horsepower manufactured after 1976 and operated by a hired worker […]
What Constitutes a COVID-19 Outbreak in the Workplace?
COVID-19 Outbreak at Work? If four or more workers at your jobsite, with hundred or fewer employees, test positive for COVID-19, there may be a COVID19 “outbreak” at your work. If you have tested positive for COVID19 during an outbreak at work, your right to receive workers’ compensation benefits may be presumed provided that specified […]
Occupational Risks Associated with the Retail Industry
Per data by the CDC, 19.6% of all 698 reported COVID-19 outbreaks in the workplace in Los Angeles occurred in the retail trade industry. If you are currently experiencing shortness of breath, chest pain, muscle aches, congestion, and/or headaches, KhanujaLaw is here to help. Please visit https://khanujalaw.com to request a free consultation.
New Case Law on Termination Following Disability Leave
Is it Legal To Fire Me After I Return To Work From Disability Leave? Labor Code Section 132a protects an employee from being discriminated against for sustaining an injury on the job. However, the Board in Loera v. Northrop Grumman found an injured worker’s termination upon return from disability leave to be justified when he […]
COVID-19 Outbreaks in the Manufacturing Industry
Employees who work in close contact with others, such as in manufacturing, transportation and warehouses, are more likely to be exposed to a COVID-19 outbreak in the workplace despite compliance with the #mask mandate. The CDC found the manufacturing industry to have the highest #incidence rate of COVID19 outbreak-related cases. Approximately 26.4% of all reported […]
Industry with the Most Nonfatal Injuries Involving Time Off
According to the National Safety Council, workers in the education and health service industries sustained the most nonfatal injuries involving days away from work in 2020. In education, injuries are frequently attributed to violence and/or stress on the job.
Healthcare Industry Most Affected by COVID-19
The California Workers’ Compensation Institute conducted an 18-month study on COVID19 claims from January 1, 2020 through June 30, 2021 that found the healthcare industry to be the most affected by the COVID-19 pandemic. Approximately 30% of all COVID-19 claims in California are attributed to the healthcare industry. If you have contracted COVID-19 on the […]
CDC Ranked Farming as One of the Most Hazardous Industries
The CDC estimates around 100 agricultural workers a day to suffer a “lost-work-time injury.” They rank farming as one of the most hazardous industries with the highest risk for work injuries and fatalities.
Occupational Risks for Back Injuries
Majority of workers’ compensation claims involving back injuries are attributed to the workers’ job duties and not from accidents. Mayo Clinic recently published a report on the types of job duties that contribute to back pain. Lifting heavy items and/or performing repetitive movements on the job are the most common causes of back pain in […]
COVID-19 Accounts for over 34% of All Work-Related Injuries
Per data collected by the Bureau of Labor Statistics and its assessment by the National Safety Council on reported injuries in the private industry, the body part most affected by injuries and illnesses in 2020 was the body system, primarily due to the spread of COVID-19, which “. . .accounted for over 34% of the […]
Injured in the Employee Locker Room?
Injured while getting ready in the employee locker room? The Court in Price v. WCAB held that “acts of personal convenience are within the course of employment if they are reasonably contemplated by the employment.” Price v. WCAB (1984) 37 Cal. 3d 559. If an employee sustains an injury while getting ready at work during […]
Leading Cause of Work-Related Injuries Involving Time Off
According to a study by the National Safety Council, the leading cause of work-related injuries involving time off is now “exposure to harmful substances or environments” following the emergence of COVID19 in 2020. If you are currently experiencing shortness of breath, dry cough, muscle aches, fatigue, congestion, headaches and/or loss of taste and smell, we […]
2022 Super Lawyers Rising Stars List
Honored that Khanuja Law Founding Partner, Neelu K. Khanuja, Esq., has been selected to the 2022 Super Lawyers Rising Stars List! Through a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area, Super Lawyers selects lawyers who have attained notable peer recognition […]
Regulations re Virtual Medical-Legal Evaluations
Effective January 18, 2022(exp. July 19, 2022), if the requisite conditions set forth in emergency CCR 46.3 are met, a QME or AME medical-legal evaluation may be conducted through telehealth by a virtual meeting between the physician and injured worker.
Injured on Break
Injured during a work break? Under the personal comfort doctrine, an injury may be covered under workers’ compensation while engaging in activity necessary for personal comfort, convenience or welfare at work. The covered activities may include eating lunch, going to the restroom, drinking water and/or exercising during break. Department of Mental Hygiene of the State […]
Wages Lost Due to Business Shutdown
Losing wages due to business shutdown? If you have been injured on the job and your employer can no longer offer modified work due to its closure, you may be entitled to temporary disability benefits if your employer is unable to prove the termination was for “good cause.” The WCAB has consistently found termination for […]
Permanent Changes to WCAB Hearings
Effective January 1, 2022, the WCAB permanently changed its Rules of Practice and Procedure and added 8 CCR 10815 – 10817 to formally allow any matter to be set for an electronic hearing, parties to appear electronically and witnesses to testify electronically.
Statute of Limitations for Personal Injury Lawsuit
FAQ: How long do I have to pursue a personal injury lawsuit ? Generally, the statute of limitations to pursue a personalinjury claim in California is two (2) years from the date of the accident.
Increase in Minimum Wage
As of January 1, 2022, the state minimum wage in California is $14.00 per hour for employers with twenty-five (25) or less employees and $15.00 per hour for employers with twenty-six (26) or more employees.
COVID-19 Vaccination Mandate
FAQ: Can my employer legally fire me for refusing to get the COVID-19 vaccine prior to returning to work? Per the guidelines set forth by the California Department of Fair Employment and Housing, an employer may enforce a COVID19 vaccination mandate in the workplace as long as it is in compliance with the Americans with […]
Types of Personal Injury Lawsuits
A personal injury lawsuit may arise from one or more of the following types of #accidents including but not limited to: car accidents, slips and falls, assault, injury resulting from an unsafe or defective condition on someone else’s property, dog bites, bicycle accidents, pedestrian accidents and more.
California Law Firm that Puts People First
A California based professional legal labor law firm can help you to have a proper understanding of the the labor laws. They can also provide you with assistance whenever you need it.
OSHA Hazard Communication Standard
Safety First! To avoid workplace injuries, OSHA requires all chemical manufacturers importers and employers utilizing hazardous chemicals to comply with the OSHA Hazard Communication Standard (“HCS”). This standard requires employers provide material safety data sheets, labels, training and more to their employees.
Missing time from work to recover from your injury?
Missing time from work to recover from your injury? If you are losing wages and not receiving benefits for disability leave while recovering from a workers’ compensation injury, you may be entitled to retroactive disability benefits, interest, and penalties pursuant to Labor Code Sections 5800, 5814, and 4650(d).
Consequences When Applying High Levels of Cyclodiene Pesticides
According to the Environmental Protection Agency, if the requisite safety standards are not followed when applying high levels of cyclodiene pesticides, the resulting exposure may cause long-lasting effects to the liver and central nervous system.
Sports Injuries in the Lower Extremities
“Approximately 90% of sports injuries are located in the hip, thigh, knee, leg, ankle and foot.” – National Institutes of Health.
Exposure to Pesticides in the Agriculture Industry
Working in the agriculture industry? If you are currently experiencing headaches, dizziness, and/or vomiting after prolonged exposure to pesticides on the job, Khanuja Law is here to help.
Workers’ Compensation Losses to Exceed $500 Million
The National Council on Compensation Insurance (“NCCI”) “estimates that COVID-19 claims, excluding self-insureds, have the potential to ultimately result in WC losses exceeding $500 million over the entire duration of the pandemic across jurisdictions where NCCI provides ratemaking services.” – NCCI
Pressure for Warehouse Workers to Meet Production Quotas
Working long hours to meet unrealistic expectations? The pressure for warehouse workers to fulfill production quotas, resulting in working overtime with no meal or rest periods, has increased exposure for workplace injuries due to prolonged lifting and/or from slips and falls. If you have been injured on the job, Khanuja Law has the skills and […]
Work Injuries Stemming From Vaccination Mandates
An increasing number of employers are mandating employees provide proof of COVID19 vaccination prior to returning to work. Over the past year, we have been able to successfully help several clients recover from anxiety due to vaccination mandates at work. If you are currently experiencing anxiety from a vaccination mandate, Khanuja Law is here […]
Fall-Related Injuries
In 2019, “more than 8 million people were treated in emergency rooms for fall-related injuries . . .” – National Safety Council.
High Risk of Fatal Fall Injuries in the Construction Industry
According to the National Safety Council, workers in the construction industry have the highest risk for fatal injuries resulting from falls from a height than those in any other industry. This can be prevented if an employer eliminates workplace hazards, mandates safety training, provides protective equipment and adheres to health and safety standards. Khanuja Law […]
Occupations With an Increased Risk for Hand/Wrist Injuries
Occupations with an increased risk for injury to the hands/wrists are commonly secretaries, data entry workers, computer programmers, cashiers, assembly workers, technicians, assistants, accountants, athletes, and office clerks. If you are developing pain numbness, tingling, and/or weakness in your hands/wrists from performing repetitive movements on the job, you may have a viable cumulative trauma […]
Legal Update: Increase in Disability Benefit Rates
UPDATE: The Division of Workers’ Compensation announced an increase in the minimum & maximum rates for temporary total disability (“TTD”) benefits starting on January 1, 2022. From $203.44 currently, the minimum TTD rate will increase to $230.95 per week. From $1,356.31 currently, the maximum TTD rate will increase to $1,539.71 per week.
Industries Experiencing a Surge of COVID Cases Due to the Delta Variant
According to the California Department of Public Health, the Delta variant has become the most widespread and contagious COVID variant in the state. As a result, COVID workers’ compensation claims recently spiked, increasing nearly four-fold in California since the Delta variant emerged per a study by the California Workers’ Compensation Institute. Industries that have experienced […]
Hand/Wrist Sports Injuries
Per the National Institutes of Health (NIH), hand/wrist injuries account for 25% of all sports injuries. Khanuja Law has experience in successfully advocating for athletes who have sustained sports injuries on the job.
Concussion Symptoms
Approximately 1.6 million to 3.8 million athletes annually suffer concussions per a study by the Brain Injury Research Institute. If you are currently suffering headaches memory problems, blurred vision, and/or difficulty concentrating after a blow to the head, KhanujaLaw will help you get the neurological treatment you need and compensation you deserve. Khanuja Law has […]
Record-Breaking Storm
“California rains break all-time records, spurring floods and mudslides.” – Los Angeles Times (October 25, 2021) In the past one (1) week since the record-breaking storm flooded our streets, workers who slipped and fell in the rain have reached out to us requesting help with the injuries sustained that day. If you or someone you […]
Carpal Tunnel Syndrome
Working long hours? More and more professionals have been experiencing carpal tunnel syndrome and/or repetitive strain injury from performing prolonged hand and wrist movements on the job Khanuja Law has successfully litigated cases involving the above injuries.
High Number of Injuries In The Transportation Industry
In the private sector, the transportation industry has consistently been one of the three industries with the highest number of work-related injuries in California per the U.S. Department of Labor. If you have been injured on the job in the transportation industry, Khanuja Law is here to help.
Anxiety From Working During COVID-19
Anxiety from working during COVID ? We have filed several workers’ compensation claims for clients who have had panic attacks, anxiety and/or depression from working on jobsites that require close contact with co-workers who have COVID, that don’t enforce the recommended COVID guidelines and/or those that operate in violation of health and safety codes. If you are currently experiencing the above as a result of working under […]
Compensation for Harassment On The Job
We have recently received an overwhelming number of psych workers’ compensation claims and have successfully reached six-figure settlements for our clients during the early stages. If you have been harassed verbally abused, assaulted, raped and/or subject to a hostile environment at work, Khanuja Law is here to advocate for you. Please contact us today for a free consultation.
High Risk of Injury Amongst Warehouse Workers
In light of the surge of online sales during the COVID-19 pandemic, there has been an increase in warehouse workers nationwide and pressure to fulfill production quotas at the risk of their safety and health. Amazon reportedly hired approximately 500,000 warehouse workers in 2020 to satisfy the demand for the fastest deliveries for record-breaking online orders made […]
Traffic Accidents Involving Bicyclists
According to the National Highway Traffic Safety Administration, eight hundred and forty-six (846) bicyclists in 2019 were killed in traffic accidents. If you or someone you know is a bicyclist who has been injured in a traffic accident, he/she may be entitled to monetary compensation for all bodily injury, economic loss and/or emotional distress sustained. Please contact us today […]
Leading Cause of Work-Related Injuries for People Over the Age of 55
Per a study by the National Floor Safety Institute, slips and falls are one of the most frequent causes of all workers’ compensation claims and the leading cause of work-related injuries for people over the age of 55. We have the experience and expertise to handle any workers’ compensation claim. If you have been injured as a result of a slip and fall, please contact […]
Increase in Fatalities Resulting From Motor Vehicle Collisions
The National Highway Traffic Safety Administration estimated a total of 38,680 fatalities resulting from motor vehicle collisions in 2020. This 2020 statistic is the largest calculation since 2007. Claims involving injury and/or death resulting from motor vehicle collisions are the most common type of personal injury lawsuit. Khanuja Law is here to help, please […]
Lack of Ergonomic Equipment
Despite the significant increase in remote workers this past year, majority of businesses still have not created OSHA-compliant home offices for their workers. “Mercer found that approximately 14% of U.S. companies are paying for ergonomic office furniture for at-home workers. That leaves 86% of companies vulnerable to injury claims.” – Forbes If you have sustained […]
SB 95 Signed Into Law
Legal Update: On March 19, 2021, Governor Newsom signed Senate Bill 95 (“SB 95”) into law, creating Labor Code §248.2, requiring all California public and private employers with 25 or more employees to provide up to 80 hours of COVID-19 supplemental paid sick leave (“SPSL”) for covered employees who are “unable to work or telework […]
Legal Update: COVID-19 Contracted on the Job
On May 6, 2020, California Governor Gavin Newsom issued Executive Order N-62-20 establishing a rebuttable presumption that an employee who tests positive for or was diagnosed with COVID-19 contracted the virus on the job. This presumption covers dates of injury from March 19, 2020 through July 5, 2020. However, to qualify for this presumption, the […]
Legal Update: Limitation on Scope of Hikida
On May 27, 2020, in County of Santa Clara v. WCAB(Justice), the 6th District Court of Appeals held that permanent disability could be apportioned to non-industrial factors pursuant to Labor Code Section 4663 following industrial medical or surgical treatment regardless if it is directly caused by the work-related injury. The holding follows the finding in Petaluma which states […]
Legal Update:Employment Discrimination Against Gay & Transgender Workers
On June 15, 2020, in the landmark case, Bostock v. Clayton County, Georgia, No. 17-1618, the U.S. Supreme Court ruled that an employer who fires an employee merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964. The definition of “sex” in Title VII was at issue. In a 6-to-3 […]
Legal Update: Utilization Review
The Workers’ Compensation Appeals Board (“WCAB”) recently released a significant Panel decision in Smith v. Marin General Hospital finding that a second timely Utilization Review (“UR”) decision is required when the primary treating physician submits a second Request for Authorization (“RFA”) for treatment within the twelve (12) month period from the UR denial of the first RFA […]
Are you working this weekend?
Generally, an injury occurring during an employee’s routine commute is not considered to be work-related pursuant to the Going and Coming Rule. However, an injury may be considered work-related under the Special Mission Exception when the employee is “engaged upon a mission which incidentally or indirectly contributed to the service and benefit of the employer.” Shell […]
Laid Off as a Result of the COVID-19 Pandemic?
A non-essential employer will no longer be able to offer modified work to an injured worker if the employer closes business and lays off the staff due to the COVID-19 pandemic. Pursuant to the reasoning in Manpower Temporary Services v. Workers’ Compensation Appeals Board (Rodriguez), the injured worker may be entitled to temporary disability indemnity […]
SB 1159 Signed Into Law
Legal Update: On September 17, 2020, California Governor Newsom signed SB 1159 into law expanding on the rebuttable presumption created from Executive Order N-62-20 to include illness or death resulting from COVID-19 to be compensable for any employee and establishing two new presumptions pertaining to frontline employees and employees who contracted COVID-19 during a workplace […]
An Increase in Minimum Wage
As of January 1, 2021, the state minimum wage in California increased to $13.00 per hour for employers with twenty-five (25) or less employees and $14.00 per hour for employers with twenty-six (26) or more employees. If your employer is in violation of the above, Khanuja Law is here to help.
Women On the Frontlines of COVID-19
According to a study by the World Health Organization in 2019, 70% of health workers and first responders are women. 40% of all employed women are in other sectors, such as food, retail and entertainment, which COVID-19 has also significantly impacted per a 2020 report by UN Women. The increased exposure creates a high risk […]