Under a doctrine known as respondeat superior, an employer is responsible for the actions of employees performed within the course of their employment. A recent California case, Moradi v. Marsh United States, has expanded the definition of “course of employment” somewhat. [Read more...]
If you are injured while working for another person or company, do not assume you are an independent contractor – even if the individual or company you are working for tells you that you are not an employee, and only an independent contractor.
The distinction can be critical if you want to try to obtain the typical Workers’ Compensation benefits, including payment of benefits while you are out of work and payment and provision for your continued and future medical care.
Some persons or companies will even have you sign a document indicating that you understand you are not an employee, but merely an independent contractor. This is done for a variety of reasons. For example, it could be an effort to convince you that you have no rights to Workers’ Compensation benefits when you do, to avoid having to pay Workers’ Compensation insurance premiums, and ignorance of the laws governing this issue.
This is not to say that you will never be determined to be an independent contractor – you may very well be. However, before you make any assumptions, or worse, rely on the person or company paying for your work or services, contact an attorney who specializes in Workers’ Compensation matters for his or her opinion, such as Heiting & Irwin. Our State Bar Certified Workers’ Compensation Specialist, Richard H. Irwin, Esq., and his department are available for free consultations. Do not delay and contact us today at (951) 682-6400!
Riding in a hot-air balloon is on the bucket list of many people. Something about the magic of flying, the swirl of color above them, and the gentleness of floating draws many tourists, thrill-seekers, and photographers to balloons around California each year.
Like all modes of transportation, however, even recreational vehicles like hot-air balloons become involved in accidents.
Hot-air balloon rides are popular around Temecula, a wine-growing region with fantastic scenery. There are 35 members of the Temecula Valley Wine Growers Association, spanning 35,000 acres of hills and vineyards in Riverside County.
Recently, four people were injured in a hot-air balloon explosion in Riverside County. [Read more...]
Most patients who are effected by medical malpractice, or medical negligence, never imagined they would one day be “plaintiffs” in a lawsuit. Any delay in realizing that medical negligence may have occurred, and that legal representation may be necessary, can have negative impacts on a patient’s ability to fully recover for the harms caused by such negligence. This topic is designed to provide some basic guidelines to patients who think they may be victims of medical malpractice.
WHAT IS MEDICAL MALPRACTICE?
According to California’s jury instructions, “A healthcare provider is negligent if he/she fails to use the level of skill, knowledge, and care in diagnosis and treatment that other reasonably careful healthcare providers of that type would use in the same or similar circumstances. This level of skill, knowledge, and care is sometimes referred to as ‘the standard of care’” and is determined by the jury based only on the testimony of the expert witnesses who testify in the case. CACI 501.
This information is, of course, general. There is no substitute for personalized advice specific to your particular situation and circumstances. If you or someone you know even suspects the possibility of medical malpractice, it is important to speak with an experienced attorney immediately. Give us a call at (951) 682-6400 for a FREE CONSULTATION TODAY!
As previously discussed, communication between client and attorney is critical to achieving the best possible result, and attorneys rely upon their clients to provide them with information about changes and developments. Sometimes, failures to communicate in the Workers’ Compensation arena can even result in loss of benefits.
Below is the last of the two-part series written with an eye towards injured workers with attorney representation in a pending Workers’ Compensation matter.
8) Don’t assume any new symptom or condition is non-related to your claim. Advise the attorney so that the issue or concern may be properly evaluated;
9) You may even be unaware that pre-existing conditions (eg: high blood pressure or diabetes) can be aggravated or caused by your industrial injury;
10) Don’t make assumptions! Communicate with your attorney as to even those issues/concerns you think are unrelated or irrelevant – as they may not be;
11) There is currently, in California, the ability to receive compensation for “overcompensation” injuries. For example, if you injure one knee and, due to a change in the way you walk, you develop problems in the other knee. The same is true with injuring one arm, and developing problems with the other arm. And, overcompensation is not limited to these two (2) examples;
12) If you are off work due to a work injury, but injure yourself further due to a related circumstance (eg: a fall due to your leg giving way) – let your attorney know;
13) There are many other ways communication or better yet, the lack thereof, can impact your case and the ultimate benefits and settlement you receive. When in doubt – consult with your attorney.
These suggestions are no substitute for legal advice, however. One of the many benefits of hiring an attorney for your Workers’ Compensation case is getting access to specialized advice based on your particular circumstances.
If you are in need of some help with your Workers’ Compensation case, or someone you know has been injured, we would be happy to provide you with a FREE CONSULTATION. Our office also handles cases involving catastrophic personal injury, medical malpractice, elder abuse, and premises liability, so if you or someone you know is in need of legal help, please give us a call at (951) 682-6400.
Slip and fall injuries can impact your entire life, keeping you from working, enjoying your hobbies, and even from doing household chores.
Many clients I see are distraught due to the fact that their slip and fall injury came through no fault of their own, but instead from the negligence of another person or manufacturer.
In recent news, the U.S. Consumer Product Safety Commission (CPSC) is reporting a recall on L.L. Bean step stools due to the fall hazard they present.
The “painted cottage step stool” can slide or tip over easily, posing a serious fall hazard to consumers. It is not commonly known that a high number of deaths from falls result from falls from heights of 4 feet or less. [Read more...]
The County of San Bernardino continues its “reorganization” of the Superior Court Civil and Family law system with the projected opening of the new Justice Center in San Bernardino. As of May 2014, all limited and unlimited civil cases, including personal injury, product liability, medical/professional negligence and general civil, from anywhere in the vast County of San Bernardino, will be moved to the new San Bernardino Justice Center. Small claims, landlord tenant, traffic and non-traffic infractions from the San Bernardino, Fontana, and Rancho Cucamonga districts will now be heard in the Fontana courthouse.
Is the reorganization in the best interest of the community? Attorneys are at odds with San Bernardino County presiding Judge Marsha Slough as to the efficacy of the move, not only for attorneys but the litigants who must travel from all over the County of San Bernardino to have their cases heard. Are we once again proceeding toward longer waiting times for trial and other court hearings? Will the restructuring of the civil courts result in the efficiency and effectiveness of the courts, providing relief from the dire straights brought about by the current budget crisis? Only time will tell. Stayed tuned for further updates on the ever changing court system.
We at Heiting & Irwin remain available to consult on all types of cases, especially civil matters, and are prepared to handle those cases in all Southern California courts. Contact us for a FREE CONSULTATION at your convenience.
As a personal injury attorney in Riverside, California, I’ve seen many clients who have been attacked or bitten by animals, mainly dogs. These often-severe injuries can leave the victim with life-altering disabilities in addition to a fear of animals that could follow them their entire life.
Fair or not, pit bulls are often believed to be aggressive dogs that cause many of these injuries. In an effort to contain the pit bull population (and hopefully reduce the number of dog bite attacks in Riverside County), county supervisors voted on Oct. 8 for a new rule that requires pit bulls to be sterilized.
The law requires that pit bulls and pit bull mixes be spayed or neutered. Riverside’s current rule already states that nearly all dogs be fixed, but the law is only enforced when pet owners are cited for other infractions (like a dog bite). [Read more...]
Thanksgiving truly is a special time in Riverside, California. It’s a time for all of us to get together with family and friends, share a great meal, and reflect on all of the blessings in our lives.
For some, unfortunately, Thanksgiving can be a reminder of how little they have. That’s why the 10th Annual Giving Back Fair at the César Chávez Community Center provides a wonderful opportunity for you to help out those less fortunate in our community while also having a great time with your family.
The community resource fair will be held on Saturday, Nov. 17 from 10 a.m. to 2 p.m. at the César Chávez Community Center, 2060 University Avenue, Riverside. [Read more...]
Buying your first home in Riverside, California can seem like an overwhelming task. That’s why we’re happy to inform first-time homebuyers—or anyone that feels they could use a refresher on the basics of residential real estate—that they can attend a free first-time homebuyer online class.
Springboard FIT Academy is hosting first-time homebuyers in Riverside with the aim of educating them on the buying process. The online class will provide information on several topics that prepare you for home ownership, including: [Read more...]