San Diego Injury Lawyer Blog

A 22-year-old man was killed late on the night of June 19, 2009, while riding his bicycle in the Pacific Beach area of San Diego. The county's Medical Examiner's Office identified 22-year-old Jonathon R. Ramirez as the victim in this tragic San Diego fatal bike accident.

After being hit, Ramirez was rushed to a hospital where he died from head and neck injuries on Saturday morning, as reported by the Medical Examiner's Office. You can read more about this San Diego bike crash in this SignonSanDiego.com story.

Continue reading "Bicyclist Killed in San Diego Bike Accident" »

A memorial service is scheduled on Saturday for a Chula Vista man killed on June 21, 2009, during a cross-country bike tour in order to protest government bailouts. The suspect thought to have killed the biker was a drunk driver in Illinois who left the scene of the car crash and was later arrested.

The fatal bicycle accident of Chula Vista resident Jim Gafney, 65, is mourned by his wife Nancy, three daughters, and a large extended family, who had asked him not to take part in the tour, although he was a seasoned bike rider. Gafney was apparently incredibly determined to make his voice heard on the bailouts, which he worries will affect his future generations in a very negative way, and his family hopes that his mission will not be lost but instead, that his death would help carry on his mission and echo his voice.

Gafney was a former Navy man and retired computer engineer who had worked at Camp Pendleton. He had left Chula Vista for his bike across the country on April 27 and was on U.S. Route 50, about 60 miles east of St Louis when, just before 1 a.m. he was struck from behind by a 1997 Nissan Altima being driven by a 27-year-old man suspected to be drunk, according to Illinois State Police. The driver was arrested shortly thereafter by an officer for speeding when they noticed the damage to his car. He told state troopers that he had been driving over a hill and saw Gafney but was not able to stop or avoid hitting him, according to Master Sgt. Chris Trame. Trame notes that the road on which the Chula Vista biker died was just a two-lane roadway with no shoulder, an area that was very isolated and not well lit. The driver is facing charges that include aggravated driving under the influence and leaving the scene of the accident.

You can read more about this Chula Vista bicycle accident in this SignOnSanDiego.com story.

Continue reading "Chula Vista Bicycle Rider Killed While on Nationwide Bike Trek" »

Most of the time, when San Diego workers are injured on the job, worker's compensation should cover the costs of the injury. It usually does not matter whether the worker is at fault for the injury or if the injury is caused by an unsafe condition on the site. Even if a San Diego worker at work is clumsy or stops paying attention while operating on a machine, worker's compensation will most likely cover the costs of the injury. Carelessness and even recklessness are not enough to prevent compensation for a San Diego injured employee.

Worker's compensation may be denied to San Diego workers when they self-inflict injuries, while committing a crime, or if they hurt themselves while violating a company policy such as drinking on the job. However, if none of these situations are true and a San Diegan is hurt on the job, they are entitled to rights and financial pay-offs for the costs.

In addition, if a San Diego laborer is injured while on the job due to the negligence or carelessness of an employee or agent of another company (one other than his employer), then he may have a civil workplace accident claim against the other company for its' employee's negligence.

Continue reading "Workers' Compensation Coverage is Still Effective for San Diego Workplace Accidents Even When Worker is at Fault" »

On Tuesday, the windows of the Jurewitz Law Group rattled. It wasn't an earthquake, but it seemed like it was from an explosion. Only later on that afternoon did we discovery that an explosion had occurred at the nearby Downtown San Diego Hilton, injuring 14.

Original thoughts turned to whether the incident was a terrorist attack. Then to whether a boiler in the hotel had exploded. Now it appears that the accident was caused by a natural gas leak inside the hotel.

Of the 14 injured, three were critically injured and were placed into medically induced comas. These workers sustained burns from 20-35 percent of their bodies, including some areas of third degree burns. They were taken to the UCSD Medical Center burn unit for treatment.

Construction accidents can lead to catastrophic injuries, leading either to permanent injuries or death. In those cases, an injured worker or his family needs an experienced group of lawyers to navigate through the Workers' Compensation and Civil systems in order to maximize the recovery that will provide for that worker and his family for the remainder of his life.

If you or a loved one has been involved in a construction accident, please contact the Jurewitz Law Group for a free consultation.

In 2004, in the face of ever increasing insurance premiums, the California passed extensive Workers' Compensation reform. One of the targets of the reforms was to reduce permanent disability payments to workers who had been permanently injured at work.

The result of the reforms was that disability payments to injured workers were slashed by at least 50%, insurance premiums for employers dropped dramatically, and the insurance carriers reported their highest profits in 30 years. The losers were clearly injured employees.

Now, after vetoing proposed permanent disability payment increases the last 2 years, Governor Schwarzenegger now appears willing to increase benefits to injured workers by at least 16%.

Increased benefits are definitely needed. According to the political action group, Voters Injured at Work, Californians are being shortchanged:

According to one group, Voters Injured at Work, people who lose a foot get $28,820, compared with the national average of $80,976. A lost eye fetches $17,714 versus $74,558. And deafness in one ear is worth $5,280, 83% below the national average.

Honestly, an increase of 16% is a good start, but it is not enough. The 2004 Reforms--and some reform was needed to reign in premium costs--went too far and left injured workers without a way to be compensated for life changing injuries. Remember, the Workers' Compensation system exists because more than a century ago, the states took away the right of injured workers to sue their employers and coworkers in civil court for workplace injuries.

If the Workers' Compensation system doesn't provide adequate compensation, injured workers are left without any recourse and assistance.