Consumer Attorney Blog

September 21, 2022

Can Pressure Ulcers be Prevented? Is The Nursing Home Staff Doing Enough?

Pressure ulcers affect a high number of residents and patients living in assisted living and nursing home facilities. This severe condition can affect 1 in 5 residents and patients in these facilities. Pressure ulcers are often caused when nursing home staff fails in caring for the basic needs of a resident. This is a form of elder abuse and neglect that happens over some time.

What Exactly is a Pressure Ulcer?

Pressure ulcers are also called bed sores or pressure sores. These are skin injuries that are caused by persistent friction and pressure in certain areas of the body. Buttocks, back, elbows, heels, hips, and ankles are the most common areas for these ulcers. Residents that have limited mobility, such as bed-bound or those in wheelchairs, are at a greater risk of developing pressure ulcers. This is because they spend long periods of time in a single position.

September 14, 2022

Top 5 Wage and Hour Violations that Employers Commit Against Employees

By Walton Law, A.P.C.

Even in the most pleasant working environment, there are things that we don’t like about our workplace. When you’re on the job and your employer does things that don’t seem right, keep in mind that their actions might not only be unfair, but that they may also be against the law. For instance, wage theft occurs when your employer denies you the wages and benefits that they are supposed to give to you. This is a general category of wrongdoing by employers, but there are specific elements that you want to watch out for. You want to be able to recognize when your rights are being violated. Read on to learn about top five wage and hour violations that employers commit against employees.

Work without pay: Everyone should be paid for the work that they do. However, employers don’t always fulfill this obligation. Not being paid at all is the most blatant form of wage theft. This can occur when there is no pay at all or more likely when you’re not being paid for certain wages. For example, if you’re a non-exempt employee, you’re eligible for overtime pay if your employer requests that you work more than 40 hours in a week. If you work these extra hours but aren’t given the extra pay or are asked to work “off the books,” then you would likely be entitled to receive compensation. Other examples are when employers don’t pay employees for travel time from site to site or not paying an employee’s final paycheck.

Failure to make timely payments or not paying the right amount: You’re supposed to receive your pay on the agreed upon time and for the agreed upon amount. If your employer doesn’t deliver your paycheck on time or if the amount is less than your hourly rate for the hours you worked, it is a violation. This includes overtime on commissions and regular wages.

September 7, 2022

Tips to Build a Workplace Retaliation Case Against Your Employer

By Walton Law, A.P.C.

Many employees feel it is their responsibility to act or “blow the whistle” when their employer engages in unethical or illegal practices. California Law protects these employees. Unfortunately, the law cannot prevent employers from retaliating against whistleblowers. You can pursue financial compensation by enlisting the help of a workplace retaliation lawyer if you were forced to resign, fired, or otherwise mistreated. These are a few tips that can help you document a retaliation lawsuit against your employer under the stipulations of California employment law.

Save All Communication and Correspondence

If you suspect you are a victim of workplace retaliation, you should save all forms of correspondence and communication between your supervisor, potential witnesses, and anyone else that may play a role in your lawsuit later. You would want to save voicemails, text messages, and emails among other correspondence that indicates retaliation against you.

September 1, 2022

Legal Compensation For Wage Theft In California

By Walton Law, A.P.C.

All employers in California are obligated to pay their employees according to certain legal standards. Employees that are paid an illegally low wage or not paid in full can seek compensation in court. However, you should have a clear understanding of all the possible types of compensation before you file a complaint against your employer. It’s recommended that you consult with an employment lawyer for a better understanding of the minimum wage requirements and legal compensation rules applicable to you.

Employers in California are required to do the following:

1. Minimum wage: Least minimum wage as of January 1st, 2022 is $14 an hour for companies that have less than 26 workers and $15 an hour for others. There are specific cities in California that are required by law to have a higher minimum wage than the state requirement.
2. Overtime pay: Non-exempt employees need to be paid overtime for any hours they work exceeding 8 hours in a single workday and 40 hours in a workweek. The stipulated overtime rate is 1.5 times the base hourly rate. In addition, employers are also required to pay their employees at 1.5 times the regular rate for the first 8 hours on every 7th consecutive work day in a week.

August 24, 2022

The Steps to Take After a Car Accident

By Walton Law, A.P.C.

Being involved in a vehicle accident can leave you shaken up and disoriented. However, you will want to remain calm and try to incorporate certain activities to your “to-do” list after you’ve been involved in a collision. Read on to learn what steps to take after a car accident.

Requirements in Case of Injury or Death

If you are involved in an accident where anyone was injured or killed, you should do the following:

August 17, 2022

How Social Media Can Hurt Your Personal Injury Claim?

By Walton Law, A.P.C.

Silence is golden. Or at least it probably should be when it comes to social media and personal injury claims. It may start out innocently. You were involved in a serious car accident and suffered severe injuries. You make some social media posts because your friends and family are worried about you, and you want to ease their concerns. Social media is increasingly becoming more of our mode of communication. However, relying so much on social media can cause harm to your personal injury claim if you aren’t careful because much of the information obtained is fair game. As soon as you were involved in your accident or event, you want to make sure that you don’t jeopardize your upcoming case or current one.

Confidentiality

You shouldn’t talk about your potential claim or your case and certainly should not disclose certain details with anyone except an attorney. With your lawyer, the things that you talk about are confidential, and protected under the attorney client privilege. However, you lose that privilege the moment that you post something online; it is now public information. The general public, including the other side, can now be privy to the following:

August 10, 2022

How Can I Find Out if a Nursing Home Has a History of Elder Abuse or Neglect?

By Walton Law, A.P.C.

The decision to entrust a loved one’s care to a nursing home or long-term care facility is never easy. Selecting the facility can be just as overwhelming as the initial decision itself. California has approximately 1,230 licensed long-term care nursing facilities that provide care for more than 400,000 patients each year – it’s no wonder selecting a single, high-quality facility can seem like trying to find a needle in a haystack. However, the federal government has provided a tool that can make it easier to avoid facilities that may create an unsafe environment for your loved one.

Nursing Home Compare Site

The federal Centers for Medicare and Medicaid Services (CMS) helps set standards across the nation for long-term care facilities and administer Medicaid and Medicaid payments. They host a website called Nursing Home Compare, which provides data that can help families research facilities and find out information to help them decide on the right place for themselves or their loved one. Currently, nursing homes receive an overall rating, which is determined by combining the results of three categories:

August 3, 2022

7 Warning Signs You Shouldn’t Ignore When it Comes to Your Elderly Loved One

By Walton Law, A.P.C.

It is no secret that many people have difficulty asking others for help. Elders living in Southern California are no different. Even though physical and mental capabilities may start to diminish with aging, it is still not easy for many seniors to let others know they are struggling.

That is why it is up to all of us to keep an eye on aging family members or friends. Here is a list of warning signs that a senior you love may need help from family members or professionals.

Abnormal or repeated phone calls If your grandmother, mother, father, or other elder family members begin making phone calls to you repeatedly, or at peculiar times of day, it may indicate confusion. It may also be a sign of memory loss, or could indicate that the elder is feeling lonely or depressed. If you notice these types of calls, try scheduling set calls with your loved one every day to see if they stick to those times and calls. If they don’t, it may be indicative of cognitive decline.

July 27, 2022

How to Spot Dementia in Elders

By Walton Law, A.P.C.

Dementia is described by the Alzheimer’s Association as “an overall term that describes a wide range of symptoms associated with a decline in memory or other thinking skills severe enough to reduce a person’s ability to perform everyday activities.” Indeed, there are a variety of types of dementia, depending upon the types of brain cells damaged, and where specifically that damage has occurred within the brain.

Regardless of the type of dementia an elder may have, it is important that symptoms are recognized as soon as possible in order to ensure the safety and wellbeing of your loved elder. Even if an elder is receiving care or assistance from a family member, in-home caregiver, or residing in a nursing home or skilled nursing facility, it is still vital to recognize symptoms of mental decline in elders. This is partly due to the fact that unfortunately, it is believed elders who suffer from some form of dementia are thought to be at greater risk for abuse or neglect than elders who do not have some form of dementia.

In fact, according to one research brief released by the NCEA, three different international studies have found that the rates of elder abuse for elders with dementia ranges from 34%-62%.

Symptoms that a loved elder in your life may be developing dementia include cognitive changes and psychological changes. Some of these changes may include:

*Memory loss/problems
*Trouble choosing the right words
*Disorientation or getting lost
*Challenges in planning/organizing
*Coordination or motor function difficulties
*Agitation or paranoia
*Inappropriate behavior
*Lack of proper personal care and poor nutrition/eating habits
*Difficulty sleeping
*Injuries/personal safety problems

If you believe that a loved elder in your life is beginning to show symptoms of dementia, it is important to take action, though it’s advisable to tread lightly, per the helpful website DementiaToday.net, which provides DementiaToday.net for how to talk to a loved elder about your concerns.

If you have reason to believe that a loved elder with dementia is being abused physically, financially, psychologically, or sexually, it is important that you report your suspicions to the proper authorities:

• The local Law Enforcement, including the Police, Sheriff, and District Attorney’s office. The San Diego County Sheriff’s Department can be reached at (858) 565-5200. The San Diego County District Attorney may be reached at (619) 531-4040.
• Long-Term Care Ombudsman Program provide a 24/7 Crisis Complaint Hotline at (800) 231-4024.
• Adult Protective Services (APS), in San Diego County, you may contact: San Diego County Aging and Independent Services (858) 495-5660.

You may also want to seek the advice of an experienced San Diego elder abuse attorney who can inform you and your loved one of your rights.
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July 20, 2022

When Is a Pressure Ulcer the Result of Elderly Neglect?

By Walton Law, A.P.C.

One of the largest generations in American history is beginning to transition into the elderly stage of human life. In this stage, many people become less independent and, as a result, require assisted living and clinical care. As aging individuals become dependents, they tend to lose their mobility. Pressure ulcers are a direct result of the inability of a person to reposition their body unassisted. In nursing homes and hospitals, elderly people are too often neglected and the price they pay can be severe.

Pressure Ulcers and Their Stages

Pressure ulcers (often referred to as bedsores, decubitus ulcers, and pressure sores) are a form of breakdown of the skin caused by prolonged and unalleviated pressure, incontinence, dirty or untidy bedsheets, and more. Typically, they form in areas such as the heels, hips, buttocks, tailbone, shoulder blades, and elbows. They are categorized based on severity: