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Category Archives: Workers’ Compensation

EXECUTIVE ORDER N-62-20 PROVIDES A DISPUTABLE PRESUMPTION OF INDUSTRIALLY CAUSED COVID-19 FOR ALL CALIFORNIA EMPLOYEES

By Debbie Beals, Paralegal |

All California employees working at a jobsite outside of their home between March 19, 2020 and July 5, 2020 whom tested positive or diagnosed with COVID-19 within 14 days after a day of work are presumed to have contracted the illness while at work and may be eligible for Worker’s Compensation benefits. Governor Newsom… Read More »

EXAMPLE OF THIRD PARTY CASE & WORKER’S COMPENSATION CASE IMPACT ON OTHER CASE

By Richard Irwin |

In my prior blog, I promised an example of the interplay between a Workers’ Compensation case and a related “third party” case.  As you may recall, a “third party” case typically refers to a civil case against another liable party (person or company) arising out of an on-the-job injury. For this example, assume Mr…. Read More »

Workers’ Compensation Case & Personal Injury Case Arising From Same Incident/Injury

By Richard Irwin |

Some on the job injuries give rise to both a Workers’ Compensation injury claim as well as a civil suit for damages known as a “Third Party” action. In very simple terms, if you think of yourself as Party #1, and your employer as Party #2, then any other person or company who caused… Read More »

Workers’ Comp Claims and Benefits in the State of California

By Richard Irwin |

If you were injured or have otherwise suffered an illness because of a work-related activity, you will need to notify your employer immediately – as soon as you believe you have a work-related injury or illness. You will then need to file a workers’ compensation claim with your employer by completing the appropriate portion… Read More »

INJURED WORKER’S MAY QUALIFY FOR ADDITONAL FUNDS THROUGH THE RETURN-TO-WORK SUPPLEMENT PROGRAM (RTWSP)

By Debbie Beals, Paralegal |

As part of Worker’s Compensation Reform, Senate Bill 863 developed a Return to Work Fund with 120 million dollars per year to be administered by the Department of Industrial Relations.  The program established through the Department of Industrial Relations is aptly named Return-to-Work Supplemental Program (RTWSP). The RTWSP requires the Department of Industrial Relations,… 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 »

Burn Injury Law: Establishing Liability and How to File a Claim

By James Heiting |

A burn injury can result from a product defect, a workplace injury, or some other form of negligence. The party responsible for the injury is also responsible to cover the victim’s medical expenses and damages. In cases where a victim is partially held accountable for the incident, he or she could still be able… 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 »

PLAINTIFF’S RIGHT TO PRIVACY

By Sara Morgan |

In today’s modern social environment, it has become increasingly important to manage one’s personal and private information in order to protect against identity theft, fraud, and the like.  As people’s digital footprints grow, so do their concerns about protecting their private information. People involved in lawsuits, and especially personal injury plaintiffs, are often required… Read More »

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