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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.

Understanding a Medical Lien in a Personal Injury Claim

By Richard Irwin |

Unbeknownst to many, state and federal agencies, hospitals, and even health insurance companies can assert a claim against a person’s personal injury financial recovery. Individuals that have suffered injuries as a result of the negligence of another have the legal right to pursue a personal injury lawsuit in effort of recovering damages for the… Read More »

SETTLEMENTS WITH MEDICARE SET ASIDES: ARE THEY THE WAY TO GO? (PART 1)

By Richard Irwin |

This can be a very complex issue, so we will just touch on the basics in this blog. If you are already a Medicare beneficiary or are likely to become one within the next thirty (30) months, it is worthwhile to look into a lump sum settlement whereby you accept a greater sum of… Read More »

A General Overview of Indemnity Agreements

By Richard Irwin |

One of the core principles of tort law involves holding parties accountable for any damage they cause. California has adopted legislation that reduces some of this law to contractual to “indemnification”. Civil Code Section 2772, describes that indemnity is outlined as a contract established by one party (indemnitor) to protect another (indemnitee) from the… Read More »

Metrolink and Other Train Accidents in the State of California

By Richard Irwin |

According to the Federal Railroad Administration, there are an estimated 3,000 train-involved accidents each year. Approximately 1,000 of those accidents result in death. Perhaps unexpectedly, transportation via railroad is not always safe even though it has historically been seen as a safe method of commuting, as opposed to driving or other methods of travel…. Read More »

Injury in the Workplace: Can I File a Lawsuit Against My Employer?

By Richard Irwin |

If you are employed in the State of California, it is likely that recovery for any workplace injuries are limited to the workers’ compensation system. This means that, in most circumstances, you will not be able to file a lawsuit against your employer in a California court. As an employee in California, it is… Read More »

DON’T GIVE UP

By Richard Irwin |

From my perspective the Workers’ Compensation system is broken – at least with respect to obtaining timely and necessary medical care.  Without going into detail exactly why that is the case, as I had dealt with this issue in a previous blog, I want to make sure you don’t give up on the system…. Read More »

Death Benefits,Things You Should Know (Part III)

By Richard Irwin |

As a follow-up to parts I & II of this subject, the extent of dependency, whether total or partial, is very significant issue in death cases as it affects the amount that the “dependent” will receive under the law based upon that classification. Most of the time, this is determined by first seeing if… Read More »

Casualty in the Workplace: Workers’ Compensation Benefits vs. Wrongful Death Claims

By Richard Irwin |

Anyone can experience an accident at a workplace at any time and some lines of work are naturally more dangerous than others. Even so, we have to examine the facts of each individual event to determine the proper cause of action for the victim’s loved ones. In some cases, accidents can occur that tragically… Read More »

Pedestrian Accident Law: Understanding Your Legal Options as a Victim 

By Richard Irwin |

Any pedestrian runs the risk of suffering an unexpected injury as a result of being struck by a careless driver. If you or someone you know has been injured by a negligent driver, there may be an opportunity to seek financial compensation for the injuries. For many victims, the primary legal option is to… Read More »

DEATH BENEFITS: THINGS YOU SHOULD KNOW (PART II)

By Richard Irwin |

There are some very unique rules regarding who is a dependent of the deceased employee thus entitled to death benefits, how much they are entitled to and how said benefits are paid depending on the extent of dependency. In this blog, I will cover some (not all) of these special rules/laws. First, for injuries… Read More »

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