If you have been severely injured in an accident in California, you may be suffering from a catastrophic injury. According to the American Medical Association, a catastrophic injury is any type of injury that results in death, a permanent severe functional disability, or any severe impairment as seen with spinal injuries, skull fractures or closed-head injuries.
This week’s question comes from Janet D. in Mill Valley (I’m so glad the North Bay is reading the Examiner) who asks: “I work for a tech company in San Francisco, I am being unfairly harassed and discriminated against because of my disability. I was reading my handbook and it says that if I want to seek legal action for a violation of my fair employment rights I have to go to arbitration, waive my right to a jury trial, pay for half of the costs and I can only recover my lost wages but not any pain and suffering or punitive damages yet they “reserve the right” to sue me in court for any claim that I have interfered with their IP rights. Is this true, can they take away my rights like this?”
Halloween is a fun time of year for children and adults alike, but one misstep could lead to injuries for your child and a trip to the hospital. While you can work with an attorney to obtain compensation, the best method is always to avoid getting injured in the first place. Trick-or-Treating happens during the day and night depending on the location, and many parties and events are taking place around the state. Around 89 percent of parents have reported that their children take part in Halloween activities, but some of those activities can become dangerous for children.
Using the right kind of tires on your motorcycle can help prevent accidents and damage to your vehicle. If the wrong tires are used, are over-inflated, or are not inflated enough, you could be at risk of injury. Worse yet, if they’re installed incorrectly, you could lose a tire and be thrown from your vehicle.
Today’s question comes from Gina J. from Los Angeles: “I used to live in San Francisco and read your column. I moved to L.A. recently. I am a trans-woman and as part of my transition I wanted to undergo breast implantation. I found an excellent surgeon and he scheduled my surgery at a local hospital that is part of a religious healthcare system. I had received approval from MediCal and was excitedly awaiting my surgery when my doctor sent me an e-mail, accompanied by a letter from the hospital stating that, because of their religious beliefs, I could not have my surgery “because God made me a man.” Is this legal?”
Dear Gina, I am surprised that this kind of discrimination continues. In 2008 I brought action for a woman named Charlene Hastings against Seaton Hospital when they engaged in similar discriminatory conduct.
A few spoken words, a touch or a glance may seem good-natured to some, but can make others feel uncomfortable in the workplace. However, state and federal laws offer workers certain protections, including defense against sexually forward behavior. Under California state law, employers must take certain steps, at minimum, to provide workplaces that are free of sexual harassment. Despite laws and programs aimed at preventing this type of behavior, some people are still harassed in the workplace. Having an understanding of what constitutes sexual harassment may help workers to know if an uncomfortable situation is actually a violation of their rights.
If you’ve been in an accident and are working with your attorney to obtain compensation, these statistics may be of some help. Impaired driving is a major concern within the United States, and a new release of information through 2013 and 2014 has updated the data related to drunk and drugged drivers. The data has been collected from 300 roadside sites around the country, and the data was given voluntarily.
Today’s question comes from Nestor in Hayward who asks “My uncle has end stage cancer and is in pain. He is in hospice right now and has maybe 2 months to live. He doesn’t want to live the rest of his life suffering in pain. I heard that there was a law which was passed that would allow someone to talk to their doctor and get assistance in ending their life. Is this true? “
Nestor, my heart goes out to you and your uncle. I had a woman who was like my mother that died slowly of cancer. She talked about taking control of her death but she couldn’t because it was illegal for her doctor to even discuss “suicide” with her much less help her. As of October 5th, 2015, your uncle has options in taking control of his death as Governor Brown has signed into law ABx-15, the End of Life Option Act.
Keeping your child safe around swimming pools and other bodies of water is important, because it only takes a few seconds for water to be inhaled and drowning to begin. Adults should always be present when children are in a pool, and for those who are still toddlers, parents should be within arm’s reach.
The project known as Vision Zero aims to help reduce the number of fatal traffic crashes involving pedestrians to zero by the year 2024. As someone who lives in San Francisco, you know that while this is a program with high expectations, any reduction in the number of pedestrian accidents or fatalities is welcome.