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Blog Archives

California Workers’ Comp Eligibility for Lunch Breaks

Generally, you may be eligible for workers’ compensation benefits if you are injured during your lunch break in California, but coverage is not automatic. Your eligibility often depends on a series of specific exceptions to a rule known as the "going and coming" rule. Whether your injury occurred on your employer’s property, if you were performing a task for your employer, or in other specific circumstances, will determine if your injury is... Read More

Why Do Insurance Companies Offer Low Settlements?

When you’re recovering from an injury, the last thing you want is a dispute with an insurance company. Yet, many people in this situation receive a settlement offer that feels shockingly low and doesn't begin to cover their expenses. The primary reason insurance companies offer low settlements is simple: they are for-profit businesses. Their financial goal is to minimize the amount they pay out on claims to maximize their profits for sharehold... Read More

​How to Check the Status of a Workers’ Comp Claim

After a workplace injury, one of the first things you do is file a workers' compensation claim. Once the paperwork is submitted, a period of waiting begins, which can be a source of significant stress and uncertainty. You can check the status of a workers’ comp claim by directly contacting the insurance company’s claims administrator assigned to your case or by using California's online public search tools if a formal case has been opened w... Read More

Is It Worth Suing an Uninsured Driver?

The question of whether it’s worth suing an uninsured driver is common, and the answer is: it depends. While you can legally sue an uninsured driver who causes an accident, the practical value of a lawsuit hinges on whether that person has assets or income to pay a court-ordered judgment. For many accident victims in Southern California, a lawsuit is not the only or even the best path to recovery. Fortunately, other options, such as your own i... Read More

Why Is My Accident Settlement Taking So Long?

If you're asking, "Why is my accident settlement taking so long?" you are certainly not the first person to feel that way. After a serious accident, the wait for a settlement can feel endless, especially when medical bills are piling up and you’re unable to work. The simple answer is that many critical factors must be addressed before your case can be resolved fairly. A settlement isn’t just a single event; it's the final step in a detailed... Read More

Who Is at Fault in a Car Accident Changing Lanes in California?

Determining who is at fault in a car accident while changing lanes in California usually starts with the driver who made the move. In most situations, the driver who changes lanes has a legal responsibility to make sure the path is clear and it is safe to proceed. However, California law recognizes that fault is not always absolute, and other factors, such as the speed or attentiveness of the other driver, can play a significant role in the fi... Read More

Do I Have to Report an Accident to the DMV in California?

Yes, in many cases, you are required by law to report a car accident to the California Department of Motor Vehicles (DMV). This requirement is completely separate from calling 911 or having the police file a report at the scene. If the collision involved an injury, a fatality, or property damage that appears to be more than $1,000, you have a legal duty to file a special report. Knowing when and how to do this is key to protecting your rights ... Read More

Injuries From Falling and Landing on Your Hands

It’s a natural human reflex: when you fall, you put your hands out to break the impact. While this instinct can protect your head and vital organs, it often results in severe injuries from falling and landing on your hands. The force of your body weight concentrating on your wrists, hands, and arms can cause complex fractures, dislocations, and soft tissue damage that may require surgery and lead to long-term complications. If your fall was... Read More

California Vehicle Safety Inspection Requirements

As California drivers, we have a responsibility to keep our vehicles in good condition and repair any defects if necessary. To protect the safety of drivers on the road, California requires that all eligible vehicles in the state undergo a vehicle safety inspection to help keep the roads safe and decrease car accidents. While not all vehicles have to undergo an inspection, the majority of drivers are subject to this requirement. It is importan... Read More

How Is a Workers’ Compensation Settlement Calculated?

If you’ve suffered a work-related injury in California, it’s crucial to understand how workers’ compensation settlements are calculated. This knowledge can help you maximize your benefits and ensure fair compensation for your injuries. You need to understand the factors that impact settlement amounts and the key considerations involved in calculating your workers’ compensation settlement. To protect your rights and ensure you receive the fu... Read More

Work Restrictions for Carpal Tunnel Syndrome

When working in an office setting, the last thing you expect is to suffer an injury, yet employees might experience injuries from repetitive motion, specifically carpal tunnel syndrome. Many workers might not think they can obtain compensation or legal recourse for these injuries because there was no single accident or event that caused them. However, you can file a workers’ compensation claim for carpal tunnel. Workers’ comp law categorize... Read More

Does a Spinal Cord Injury Qualify for Disability?

Researchers say that there are as many as 300,000 people living with spinal cord injuries in the United States. Additionally, around 18,000 people sustain a new spinal cord injury each year across the country. Often, these incidents are caused by vehicle accidents, workplace accidents, sports injuries, or another type of severe incident. But does a spinal cord injury qualify for disability? Let’s discuss whether a person with a spinal cord ... Read More

Who Pays for Breast Implant Recall Surgery?

There are various reasons why a person may need to remove their breast implants. One reason may be that your doctor has determined that doing so is medically necessary. Furthermore, a person may also want to have their breast implants removed if those implants have been recalled. But who pays for breast implant recall surgery? Needing to have your breast implants removed due to health risks is a real possibility, especially for those who ha... Read More

Understanding Bicycle Helmet Laws in California

Bicycle helmets save lives. Unfortunately, many individuals choose not to wear a bicycle helmet when they head out for some riding. This can be deadly. According to the National Safety Council, approximately one-third of all non-fatal bicycle injuries are head injuries. Data also shows that most of the 80,000 bicycle-related head injuries treated in emergency rooms every year are brain injuries. Understanding bicycle helmet laws in California ... Read More

Can Bars or Restaurants be held Liable for Overserving a Driver who Causes Injuries in a Drunk Driving Accident?

Your night out in Newport Beach took a terrifying turn when a drunk driver hit your car on the way home. The driver had been drinking at a local bar or restaurant, clearly intoxicated before getting behind the wheel. Now you’re dealing with serious injuries, medical bills, and the stress of wondering if the place that served them can be responsible. California’s dram shop laws let people injured by drunk drivers hold alcohol-serving estab... Read More

Did You Get into an Accident with a Texting Driver? Here’s What You Can Do

The crash happened so quickly, you hardly had a chance to react. One moment, you drove attentively; the next, a distracted driver on their phone slammed into your car. Now you’re left with painful injuries, a damaged vehicle, and the stress of trying to piece your life back together, all because someone thought a text was worth more than your safety. Texting while driving causes countless accidents, and too often, victims are the ones lef... Read More

What If There Was a “Wet Floor” Sign—Do I Still Have a Case?

Yes, you may still have a valid slip and fall case even if there was a wet floor sign present. Under California law, property owners are required to maintain a reasonably safe premises beyond just posting warnings. Therefore, a yellow cone or caution sign doesn't automatically protect businesses from liability when inadequate placement, poor visibility, ongoing hazards, or unreasonable dangers cause injuries. Many injured victims assume a w... Read More

Can Undocumented Workers File Construction Accident Claims?

Yes, undocumented workers have the right to file construction accident claims and receive workers' compensation benefits in California, regardless of immigration status. Your legal rights to workplace safety and injury compensation exist because of your role as a worker, not your immigration status. Construction sites rank among the most dangerous workplaces in America, with immigrant workers facing disproportionately high injury rates. Whe... Read More

Can I Pursue a Wrongful Death Case if the Person Who Caused It Wasn’t Charged Criminally?

Yes, you may file a wrongful death lawsuit without criminal charges against the responsible party. California's civil courts operate independently from criminal proceedings, requiring only proof by a preponderance of the evidence rather than proof beyond a reasonable doubt. When prosecutors decline to file charges or secure a conviction, families maintain their right to seek compensation through civil litigation for the loss of their loved one... Read More

Common Truck Accident Causes in Riverside

Thousands of drivers travel Riverside’s highways, local roads, and industrial corridors every day. Mixed in with cars, motorcycles, and delivery vans are semi-trucks—huge vehicles hauling freight across Southern California. When these rigs crash, the outcome is often far worse than a regular traffic accident. Bentley & More LLP helps Riverside individuals and families who’ve been hurt in truck crashes caused by careless or reckless driv... Read More