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Orange County Personal Injury Law Blog

Five main reasons for workers compensation claims

Workplace injuries are much more common than one may think. In fact, statistics indicate that approximately 4 out of every 100 full-time employees may suffer a workplace injury in any given year, with the healthcare and construction industries having the highest propensity for workplace injuries. This is why California companies are legally required to have workers' compensation insurance.

It seems that there are five main causes of injuries that most often result in workers' compensation claims. Each of these common causes may lead to medical expenses for the employee, as well as a loss of wages due to absence from work. The five causes will be discussed briefly below.

Hair salon owner blamed for fall on broken pavement

California residents who have never suffered a slip\-and\-fall accident will be surprised at the severity of the injuries such an incident can cause. Premises owners are responsible for the maintenance of their properties to protect consumers from slipping or tripping on slippery or uneven walkways. This includes the area outside the business entrance and in the parking lot. A client of a hair salon in another state recently filed a premises liability lawsuit after an alleged trip-and-fall accident on a broken pavement.

According to court documents, the plaintiff contends she tripped on an uneven, raised area of the pavement as she exited the hair salon at which she was a client. The woman accuses the defendant of negligence in the failure to maintain the pavement and repair the damaged area timely. She alleges that the defendant failed to ensure hazard-free premises that would not threaten the safety of patrons.

Motorcycle accidents: biker claims autonomous car is to blame

Self-driving cars are here to stay, and the expectation is that these autonomous cars will become more and more common on all U.S. roads in the near future. The topic of self-driving cars is a controversial one with many singing the praises of these cars while others are not so sure. Since 2014, there have been at least 54 accidents involving self-driving cars reported.

Most of the 54 accidents reported were considered minor accidents and all ascribed to human driver error. A recent case filed in a Californian court may be one of the first against autonomous cars alleging negligence by the car. There is little doubt that it will be the last.

Premises liability: Trip-and-fall accidents are but one danger

Civil law pertaining to premises liability allows for victims injured on the property of another party to pursue personal injury claims based upon evidence of negligence. An injured victim may elect to file a claim after being injured in an accident, for example a trip\-and\-fall accident, due to the negligence of a landlord, for example. These types of accidents are not the only grounds for a premises liability claim.    

California law states that it is the landlord's duty to protect tenants from certain hazards. It is the landlord's duty to ensure that everything remains in good working order and to eliminate obvious dangers. Here are some safety checks that a landlord should conduct routinely.

Lifting injuries can turn into a heavy burden

Working in a warehouse, you may spend a significant amount of your day doing a lot of lifting. Whether from repetitively lifting or from overexertion, you could easily suffer painful and debilitating injuries.

Between you and your employer, there may be ways to reduce the likelihood of you suffering an injury from lifting. Below are some of the ways that the Occupational Safety and Health Administration recommends to do just that.

Slip or trip-and-falls can cause serious on-the-job injuries

Many people in California have suffered severe injuries in slip or trip-and-fall accidents while moving about unsafe parking lots or while they are out shopping. However, such incidents are also the cause of many on\-the\-job injuries and could occur in any industry. Injury risks can be avoided by proper housekeeping during which spills are immediately mopped up, and work areas are free of debris.

Wet, oily patches often lead to slips which happen when there is insufficient traction between the walking surface and a worker's shoes. Trips are typically caused by debris or a random object that catches a workers' foot and causes the loss of balance. Other hazards include loose or curled-up rugs and mats, insufficient lighting, uncovered extension cords or electrical cables and more.

Motorcycle accidents -- Young Californian man loses his life

A Californian man, age 26, lost his life in a multi-vehicle accident that happened on a recent Wednesday in January. The accident is just another example of the devastation motorcycle accidents can cause. Bikers have so little chance when an accident between a biker and another vehicle happens.

The biker and a driver in a sedan were both traveling west on a boulevard in Los Banos. A 55-year-old driver made a left turn into the boulevard they were traveling on, resulting in a collision between the three vehicles. The accident happened at approximately 12:30 p.m.  

Walmart sued for negligence after alleged slip-and-fall accident

Californian customers visiting supermarkets, shops and other public places expect to do so without fearing possible injuries. This means that owners and managers of such establishments should make sure that there are no hazards, such as wet surfaces or loose carpets, which can lead to slip-and-fall or trip-and-fall accidents. Warning signs should be used in case of possible hazards. Neglecting to pay attention to possible hazards, or not warning customers, may result in the establishment having to answer to a personal injury claim in a court of law.

In fact, an out-of-state Walmart is currently being sued by a client after a slip-and-fall accident in June of last year. The woman allegedly slipped on a wet surface after water was left on the floor instead of being cleaned up. According to the plaintiff, the fact that the water was not cleaned up constitutes negligence on the side of the store.

Auto accidents: Claiming damages for pain and suffering

When a person suffers injuries due to the recklessness or negligence of another, Californian civil law provides for the injured victim to claim for such damages. In the case of auto accidents, a victim may be eligible to claim for more than just repair costs of the vehicle and hospital bills. A victim may also qualify to claim for the pain and suffering he or she endured.

Damages are often categorized as general and special damages. The first category relates to damages where the harm has to be assessed and calculated, and includes, among others, mental anguish, pain and suffering and emotional distress. The second category relates to damages which can be proved through receipts and quotes and includes damages to vehicles, loss of income and medical bills.

Was your workers' compensation claim denied?

An on-the-job injury is the last thing you need. Days off work mean days without pay. If you depend on every dollar of your paycheck, you know you can't afford to take time off to recover from a workplace accident. On top of losing hourly pay, you may also have to deal with medical bills and other costs associated with your injuries. This can add up to financial disaster for your family.

Fortunately, California's workers' compensation program covers your medical bills as well as lost wages when injured on the job. This system allows you the funds you need to take care of your family while you recover as well as protects your employer from a lawsuit every time a worker becomes ill or injured in the normal course of duty. All this may seem like the answer to your problems until the workers' compensation insurance company denies your claim.

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Law Offices of William W. Green & Associates
505 S. Villa Real
Anaheim, CA 92807

Phone: 714-464-6903
Toll Free: 866-543-7598
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