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Comprehensive Legal Help After An Injury

Oakland Legal Issues Blog

Litigation and settlement for personal injury claims

A serious personal injury can change the course of a California resident's life. It may prevent them from returning to work or from enjoying the life that they built with their loved ones. It may cause them and their dependents to experience significant financial hardship if they are forced to pay out of pocket for the losses they incurred due to another party's negligence.

One way that individuals can work to recover their losses after such a tragedy is by filing a lawsuit against the party or parties that caused their harm. Litigation is the process of presenting a claim, offering facts and evidence to prove it and overcoming defenses to prevail in court. When a person wins their case through litigation they may be awarded damages based on the losses that they were able to prove.

A denied workers' comp claim need not be the end of the story

Being injured at work is sometimes a minor affair. However, if a workplace injury is severe enough to keep a person in California from being able to work for an extended period, then that person might want to apply for workers' compensation benefits. These benefits can be the financial safety net a worker needs to make ends meet until they can return to work.

It may seem obvious to a worker why their claim should be approved. Unfortunately, sometimes an applicant's initial claim for benefits is denied. However, this need not be the end of the story.

What are some common career-ending injuries?

Serious workplace injuries could keep a worker in Oakland away from their job for a significant amount of time. Sometimes a person's injury causes them to have to stop working entirely. These career-ending injuries can have a significant financial impact on those who suffer from them.

Each year, the Liberty Mutual Workplace Safety Index identifies the top causes of injuries in the workplace. In 2019, the following injuries were most costly: overexertion due to outside sources; falls on the same level; being hit by an object; falls to a lower level; other exertions; motor vehicle accidents; slipping or tripping but not falling; being caught in equipment; repetitive motion injuries and being struck against an object.

When can private pool owners face personal injury claims?

Swimming is a popular activity in California, and many people enjoy doing so in their own backyard pools. However, it is not unknown for injuries to occur at swimming pools. For example, a person could slip and fall on a pool deck at a friend's house. Or, a child could be enticed to a backyard pool and could accidentally drown. In such incidents, who is responsible for accidents that take place in private pools?

Private pool owners are generally responsible for injuries that take place when they are at home and supervising those using their pool. However, private pool owners may even be liable for accidents that take place at their pool even if they are not at home and are somehow negligent. This means private pool owners must take steps to ensure strangers or neighbors cannot gain access to their pool without their permission.

Work injuries to your hands can result in career changes

Blue collar workers typically work with their hands. Whether you work in a factory or at construction sites, you are likely gripping, manipulating, lifting and turning items all day with your hands. In a sense, your hands are the most important tools you have, and you rely on their strength and dexterity to get each important job you do done right.

The experience that you have working with your hands could mean that you fill a very skilled job role, such as that of a pipefitter. Over many years of hard work, you can come to demand a very reasonable hourly wage through skilled manual labor.

Will in-car cameras make roads safer?

The technology available in automobiles seems to be growing every day. We have vehicles with infotainment systems, back-up cameras, lane assist and more. These technologic features are often aimed at preventing car accidents. Now another automaker, Volvo is implementing another technological feature that it hopes will improve the safety of those on the road in Oakland and across the nation.

The automaker Volvo has stated that it will be installing cameras inside its automobiles that will capture whether a motorist seems to be drunk or distracted and intervene appropriately. If a motorist looks away from the road or doesn't keep a grip on the steering wheel, they will receive on-call help. If the motorist does not respond to the on-call system, the vehicle will decelerate and eventually stop.

Attorneys advise those filing workers' compensation claims

No one walks out their door in the morning thinking this is the day they'll be injured at work. However, workplace injuries take place all the time. Some of these injuries are minor, requiring a little first aid, but nothing else. However, other injuries are more serious, necessitating extensive medical care and making it so that the worker must recover at home for a certain amount of time before being able to return to work. And, in some cases, a workplace injury can result in permanent disability.

It is fortunate, then, that the state of California requires most employers to carry workers' compensation insurance. This is true even if the employer has merely one employee. These benefits are meant to help workers who are injured on the job get by financially until they can return to work. Some benefits provided through workers' comp include medical care benefits, temporary disability benefits, permanent disability benefits or even death benefits.

Worker at a California airport is killed in a tire explosion

Most people in California can appreciate putting in a hard day's work. This may be particularly true for those who work in dangerous occupations. Unfortunately, it is not unknown for a worker to be injured or even killed while performing their work duties. As a result, their family members are left grapping with the loss they have suffered.

A tragic incident took place recently at John Wayne Airport in Southern California. According to an airport spokeswoman, one worker lost his life when a jet bridge tire exploded. The worker and another employee were performing maintenance on the tire in a workshop when the explosion occurred.

Designing Safer Saws

Our clients include individuals who are injured using defective products. For years, I have been watching a company called SawStop with interest. SawStop makes a very cool table saw with technology that that stops the spinning blade in an instant when it comes into contact with human flesh. With such a design, accidents which would otherwise result in the loss of fingers or hands are avoided (https://www.sawstop.com/). Given my interest in product safety, my aspiring engineer son recently shared the following YouTube link with me: https://www.youtube.com/watch?v=OdW7vhYYSdM&feature=youtu.be. The video shows two designers who are developing a safety modification to rotary hand saws. These saws can cause injury in a kick back event; in such an event, the blade of the saw can catch on what is being cut and be sent back into the user. Using a variety of technologies (e.g., gyroscopes, machine learning, etc.), their design can stop a blade's rotation quickly once a kick back event is triggered. Keep the advances coming!

California bill aims to deter cellphone use while driving

These days the technology we have at our fingertips is truly astounding. A cellphone can do so much more than make a phone call. One can use a cellphone to send a text message, email, as a navigation system, play music and more. However, all these acts can be extremely distracting for drivers and could lead to a serious car crash.

A bill has been introduced in the California State Assembly that would further penalize those who use a cellphone while driving. Under the bill, those who use a cellphone while behind the wheel would incur a point on their driving record. If a person has too many points on their driver's license, their license could be suspended.

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