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Author Archives: Richard Irwin

Mr. Irwin is a recognized specialist in Workers’ Compensation law. He has been certified as a specialist by the State Bar of California since 1995. He limits his practice to handling only workers’ compensation cases. View Attorney Richard Irwin's Attorney Bio Here.

Accidents at California Water Parks and Liability

By Richard Irwin |

This summer, you’re planning on taking your kids to the water park and your local splash pads and swimming pools. While you’re excited to cool off and have fun with your family, you’re wondering: What happens if you or one of your children gets injured? Who will be responsible? By learning about accidents at… Read More »

“EMPLOYEE” PRESUMPTION AND BURDEN OF PROOF

By Richard Irwin |

In order to be entitled to workers’ compensation benefits there must exist an employment relationship at the time of the injury.  Labor Code 3600 (a) provides that an employer is liable for workers’ compensation benefits “for any injury sustained by his or her employees arising out of and in the course of employment. Labor… Read More »

My Child Was Injured at School. Is the School Responsible?

By Richard Irwin |

Kids get hurt all the time. It’s just a fact of life. They run too fast; they aren’t coordinated; and they don’t think before they act. Typically, they get a cut or a bruise and they’re totally fine once you put a Band-Aid and some Neosporin on them. However, sometimes, more serious injuries can… Read More »

7 OF THE MOST COMMON QUESTIONS ASKED BY A NEW OR POTENTIAL WORKER’S COMPENSATION CLIENT AND OUR RESPONSE

By Richard Irwin |

1) How long will it take before my case is settled?                                                            Answer: Depends on the healing process than anything and when the treating physicians feel your condition has plateaued/stabilized. Typically the case can’t be settled until your condition has stabilized to the point that the physicians can evaluate your permanent impairment. Quite frankly, we… Read More »

PROTECTING OUR PROTECTORS (FURTHER COMMENT ON THE COVID-19 PRESUMPTIONS)

By Richard Irwin |

Clearly, with all of the people who have become infected with COVID over the last several months, many of them become infected as a result of being exposed to someone in their job who already had this insidious virus.  This could have been as a result of contact with a co-worker, a customer, or… Read More »

What to Do if You Get Into an Accident in Winter Conditions

By Richard Irwin |

Winter is nearly here, which means that your chances of getting into an accident on the road are increased due to harsher weather. Even in parts of California, residents experience snow, rain, ice and other wintery weather that makes it much more difficult to drive. Before going out on the road during the winter,… Read More »

AVOID STATEMENTS RECORDED OR SIGNED

By Richard Irwin |

Over the many years that I have been practicing workers’ compensation law, I have spoken with many people who are either looking for a workers’ compensation attorney to represent them or who just have some questions they want answered during a time that they are choosing to represent themselves. A question that I am… Read More »

SETTLEMENT WHEN YOU ARE ON OR SOON TO BE ON MEDICARE

By Richard Irwin |

When a client or perspective client asks me their options when it comes to settling a Worker’s Compensation case, I typically tell them that there are primary ways to do so. First, a settlement can be by a “Stipulation With Request For Award”.  In that case, the goal of the settlement would be to… Read More »

PREPARE YOURSELF!

By Richard Irwin |

After being injured on the job it is recommended that you always do the following: Notify your employer that you hurt yourself. Why? Because, even when you think you may have a minor injury, you may find out that as time progressed, so does the condition.  Your delay and/or failure to report can then… Read More »

OLD – BUT NOT OUT

By Richard Irwin |

If you are an injured worker with a worker’s compensation injury case that is several months or even years old that has not been finalized by settlement or award, don’t assume that you are out of luck and unable to obtain an award by a judge or out-of-court settlement. The basic statute of limitation… Read More »

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