Firm News

Wrongful death claims are appropriate when a family member dies because of the negligence, recklessness, or malicious intent of another person or entity. A wrongful death claim cannot take back the tragedy of losing a loved one, but it can help pay for the mountain of expenses that can arise after an unexpected death. Receiving a wrongful death settlement could compensate dependents for a variety of damages. California has specific laws in pla... Read More

On February 27, 2019, Keith More of Bentley & More LLP in Newport Beach, achieved a $44,100,000 binding arbitration award per the labor union contract on behalf of his client Erick Gonzalez, a worker injured in November 2014 when he fell 24-25 feet while working as a connector building a multistory commercial building.  Mr. Gonzalez was landing steel decking bundles onto iron cross beams at the building project when he tripped over a black banding strap and fell to the ground below.  Mr. Gonzalez was immediately hospitalized, underwent spinal surgery, and was separated from his family for years while he received treatment.  Even to this day, Mr. Gonzalez remains quadriplegic with 100% permanent disability.

Bentley & More LLP litigated both the third-party personal injury case and the worker’s compensation matter on Mr. Gonzalez’s behalf.  After a confidential settlement in the third-party case, reached by Greg Bentley and Keith More, Mr. Gonzalez’s employer (Herrick Corporation) and its insurer (Arch Insurance Company) sought a credit in the worker’s compensation case—which would have eliminated Mr. Gonzalez’s right to receive benefits until the amount of credit was reached—of more than $2,000,000.  But credits are not available to the employer until it has paid its proportionate share of liability – its percentage of fault multiplied by the injured worker’s total tort damages.

Bentley & More LLP and Keith More fought tirelessly against the employer’s petition for credit, based on Herrick’s extensive fault for the accident, including Mr. Gonzalez’s supervisors knowing about the bands, knowing they were a tripping hazard, and only marking them with orange spray paint after Mr. Gonzalez suffered his devastating fall.  Mr. More’s efforts resulted in a binding arbitration with Herrick and its insurer, where the arbitrator found that Herrick Corporation was 60% at fault for Mr. Gonzalez’s injuries, and found his tort damages totaled more than $73,000,000.  Applying Herrick’s percentage of fault, the binding arbitration thus found that Herrick and its insurer were not entitled to a single dollar of credit until they had paid benefits exceeding $44,100,000.

“We are thrilled that the arbitrator saw this petition for credit for what it was – a sham by Herrick and its insurer to avoid paying benefits,” said attorney Keith More.  “Under this binding award, Erick will be entitled to receive the benefits he deserves, and full treatment for his injuries for the rest of his life. ”

The case name is Erick Gonzalez v. Herrick Corporation, et al., Ironworkers Collectively Bargained Workers Compensation Program Case No. IWADR 00572.

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A pothole can form from the effects of weathering and erosion over time, or because of a poorly designed roadway with infrastructure problems. Ignored potholes can widen and deepen, creating significant hazards for drivers and bicyclists. Striking a pothole could cause significant vehicle damage or an auto accident. Potholes can cause tire blowouts, alignment problems, bent rims, loss of vehicle control, and overturn accidents. It is up to the... Read More

Obtaining a settlement for your personal injury could give you the financial relief you need to pay for medical debt, fix the damaged property, and get back on your feet. If you and your spouse file for divorce, however, the law may entitle your spouse to a portion of your settlement – even if your spouse was not involved in the accident. In the eyes of California law, personal injury settlements obtained during the course of a marriage are co... Read More

The time after a car accident can be stressful, particularly if the accident was your fault. You are likely worried about your expenses regarding the other party’s injuries and property damage as well as your insurance premiums. However, your own injuries – including your means of paying for treatment – may be your biggest source of stress. What are your options regarding compensation for your injuries? An Orange County personal injury lawyer ... Read More

Reusing your old car seat from your first child may seem like a good way to save money when welcoming your second…until you realize the potential risks this could have for your child in an auto accident. Car seats do have expiration dates, and not just to force parents to buy them more often. Manufacturers tell buyers to purchase new car seats every six to 10 years for important safety reasons. Always check for an expiration date before instal... Read More

When injuries or illness occur as a result of the workplace, the primary worry of many workers is often maintaining a steady source of income while recovering. Workers’ compensation claims can mean you continue to receive benefits even while you cannot work due to injury. However, you may worry about whether your employer can fire you while out on workers’ comp. This quick guide will answer this question and more.

What Is Workers’ Compensation?

California state law requires all employers to purchase workers’ compensation insurance for all their employees. In the event an accident causing injury or illness happens in the workplace, workers’ compensation insurance provides the employee with the ability to make a claim and receive compensation for expenses related to the injury. Workers’ compensation claims are not fault-based personal injury suits; if you received an injury, disability, or illness as a result of your work, you may file a claim.

In California, you may file workers’ comp claims to receive one or more of these benefits:

• Medical benefits. Medical benefits provide compensation for all the expenses relating to treating or curing the workplace-related injury or illness. Doctor’s visits, hospital stays, medications, and even travel to and from appointments are medical benefits for which you can receive compensation.
• Temporary disability. In the event that your workplace injury resulted in a stay at a hospital or rendered you unable to work for three or more consecutive days, workers’ comp may pay disability benefits. Temporary disability workers’ comp pays ⅔ of your weekly earnings, but must be above the California state minimum. You may receive temporary disability for up to two years, provided you have medical proof you are unable to work.
• Permanent disability. If you are unable to work permanently as the result of a work-related injury or illness, you will receive a permanent disability payment calculated according to your level of disability. Calculations also take age, occupation, and wages into account. If your disability rating is over 70%, you will receive a life pension, paid biweekly.

Could You Lose Your Job While on Workers’ Comp?

Workers’ compensation provides workers with a way to pay for treatment related to workplace injuries. However, you may be avoiding filing a workers’ comp claim for fear of losing your job, and relying on personal health insurance and sick days to get by. If your condition persists, you may have no choice but to file a workers’ comp claim. Could you lose your job in the process?

Your employer cannot fire you in retaliation for a workers’ compensation claim. In fact, terminating an employee because he or she made a claim is illegal in the state of California. However, your employer can fire you for some other reason while you have an open workers’ compensation claim.

Consider the terms of your employment and whether you are an “at-will” or a contracted employee:

• At-will employees: Most employees are at-will employees, which means employers may terminate their employment at any time, citing whichever reasons they wish. In return, at-will employees may quit at any time. If you are an at-will employee, your employer may not fire you for filing a workers’ compensation claim, but nothing prevents the company from firing you and citing poor performance, or any number of issues.
• Contracted employees: If you are a contracted employee, your employer may not fire you for filing a workers’ comp claim. In addition, termination of your contract must meet the terms of the contract itself. Some employers maintain the right to release employees who cannot work, so if your disability exceeds your contracted time, your employer may fire you for violating the contract.

Your employer must continue providing workers’ comp while you recover, and must reasonably accommodate you if you are able to return with workplace restrictions. If you believe your employer terminated your employment in retaliation for your workers’ comp claim, compile all evidence and speak with an attorney regarding your right to sue for employment discrimination.

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