Author Archives: Richard Irwin
VOLUNTEER: ARE YOU ENTITLED TO WORKERS’ COMPENSATION?
Typically, and unfortunately, volunteers are not covered for Workers’ Compensation benefits when they sustain on injury while volunteering. Volunteers are individuals who perform services for other individuals or companies which are not based upon contract for hire and who do not expect some form of compensation for those services. Some Volunteers Specifically Excluded Under… Read More »
FURTHER IMPORTANT PRESUMPTION COMPENSABILITY
As a follow-up to our previous Specific Presumption of Injury blog, here are additional circumstances that result in a presumption of industrial injury for the conditions set out herein below: (a) PNEUMONIA Certain members of fire departments, including the Department of Forestry and Fire Protection, whose duties require firefighting (L.C. 3212); Officers of the… Read More »
HAVE YOU LOOKED AT THIRD PARTY LIABILITY?
Although an injured employee who sustains an industrial injury while in the course and scope of their employment may recover Worker’s compensation benefits from their employer without regard to fault/negligence of either party, there may be circumstances where that employee was injured by the fault/negligence of a “third party”. In such circumstances, the employee… Read More »
SPECIFIC PRESUMPTION OF INJURY IN CALIFORNIA
As a reminder and follow-up to my last blog post, due to the risk of injury and risk to their health, certain employees of public or government agencies are provided “presumptions” that their injury is job-related. The result of such is that if a certain injury or condition develops or manifests itself during the… Read More »
Does Workers’ Comp Pay for Pain and Suffering in California?
You got injured or sick as a direct result of your job. While you’re aware that workers’ comp will come in handy, you aren’t sure whether or not your pain and suffering as a result of the injury or illness will be covered. Now, you’re wondering “Does workers’ comp pay for pain and suffering… Read More »
PRESUMPTION FOR PUBLIC EMPLOYEES WHO RISK LIFE OR HEALTH
Certain employees of public or government agencies have jobs which, by their very nature, carry a greater potential for sustaining a certain type of injury or acquiring a certain type of medical condition. In many of these cases, the Labor Code contains presumptions of industrial injury for the protection of this special class of… Read More »
VERY IMPORTANT THINGS TO KNOW ABOUT YOUR WORKERS’ COMPENSATION CASE (PART 1 )
1) THERE ARE THREE (3) MAIN BENEFITS FOR INJURED WORKERS. a) Temporary Disability – This is a monetary benefit that can be paid as Temporary Partial Disability or Temporary Total Disability. The most commonly paid benefit is Temporary Total Disability (TTD). This is a bi-weekly benefit paid to the injured worker – typically paid… Read More »
What Happens If You Get Into an Off-Road Vehicle Accident?
Off-road and all-terrain vehicles like ATVs, dirtbikes, motorcycles are very popular. They offer riders the thrill of exploring nature and going on rough terrain while offering some level of protection by virtue of being in a vehicle… or so one would think. These vehicles are not always safe, and they can cause a number… Read More »
Accidents at California Water Parks and Liability
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
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 »