Oakland Legal Issues Blog

When a person thinks of workplace injuries, they may picture a worker suffering an injury based on a one-time incident, such as straining to lift something heavy or falling off a ladder. However, some injuries build up over time simply by performing normal workplace duties. Known as cumulative trauma injuries, these injuries are increasingly giving rise to workers' compensation claims.

There has been a 50 percent uptick in workers' compensation claims in California based on cumulative trauma injuries, according to the Workers Compensation Insurance Rating Bureau of California. The report examined claims based on injuries that were caused by repetitive physical or mental tasks. The hospitality sector and manufacturing sector have seen the biggest uptick, at 14 percent and 22 percent respectively.

It is well-known that motorcyclists who wear a helmet can experience significantly less serious injuries should they be struck by a car than motorcyclists who do not wear a helmet. In fact, in California all motorcycle riders must wear a helmet when operating their vehicles. However, if a motorcyclist is not wearing a helmet, and is hit by a car, does this preclude him or her from obtaining compensation in a subsequent lawsuit?

California follows the laws of pure comparative negligence. Under this rule, even if a party is 99 percent at fault, he or she can still pursue compensation in a lawsuit. However, the amount of compensation he or she may receive will be reduced by the amount he or she was at fault for the crash.

Driving a car while intoxicated is not the only means by which to get a DUI. Riding a bike or the increasingly ubiquitous Bird or Lime Scooters while under the influence can also lead to such charges. Indeed, Los Angeles has reportedly just concluded its first such case against the operator of a Bird scooter who hit and injured a 64 year old pedestrian while riding the scooter in an intoxicated state: https://apnews.com/ea871e6bb5f149a59f7d883a221de018. The scooter operator allegedly had a blood alcohol level of more than 3 times the legal limit! The operator must pay a fine and restitution, will be on probation for 36 months and will have to complete a DUI program. These scooters are dangerous enough as it is when illegally operated on city sidewalks; adding alcohol to the mix is simply a recipe for disaster for the operator or others.

As some Californians can attest, nothing can be as debilitating as a back injury. Some back injuries just put a person out of commission and on the couch for a few days, but the person is otherwise able to return to work as normal. However, other back injuries can disable a person entirely, forcing them to exit the workforce. One of these potentially career-ending injuries is a herniated disk.

The bones in our spine (vertebrae) stack one on top of the other like a series of blocks to form the spine. In-between each vertebra is a spinal disk. These disks have a strong exterior, but a soft jelly-like interior. They provide a cushion between each vertebra. However, an injury known as a "herniated disk" takes place when the exterior of the disk tears, causing the soft material in the center to come out of the disk.