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Being injured on a friend’s or neighbor’s property puts you in a tricky situation. It’s an all-too-common scenario where personal relationships and legal obligations intersect, leaving you uncertain about the best course of action, especially if you’ve experienced damages.

Despite the dilemma, understanding your rights and the implications of a premises liability claim can guide you toward making an informed decision. Our legal team at Brand Peters PC has the knowledge, experience, and compassion to help you through your unique situation.

We proudly serve clients in Walnut Creek and throughout Contra Costa County, Alameda County, and Solano County, California. Schedule a free consultation today to get dependable legal guidance.

Understanding Premises Liability in California

In California, if you’re injured on someone else’s property because of unsafe conditions, the situation typically falls under premises liability. This legal framework holds property owners in California accountable for injuries that occur on their property, especially if you can prove the property owner was negligent in maintaining a safe environment.

It’s not just about a loose step or an unmarked wet floor. In California, the scope of premises liability can extend to various conditions if negligence leads to your injury. The key points to understand about California premises liability include:

• Duty of Care: Property owners have a legal obligation to ensure their property is safe for all visitors. This includes regular inspections and maintenance.
• Breach of Duty: If a property owner fails to uphold this duty, and their negligence leads to an injury, they can be held liable.
• Types of Visitors: California recognizes different levels of protection for invitees, licensees, and trespassers. Invitees (e.g., customers in a store) are owed the highest duty of care.
• Comparative Negligence: In some cases, the injured party may also be found partially at fault, which can affect the compensation received.
• Statute of Limitations: There is a limited time frame to file a premises liability lawsuit in California, which is typically two years from the date of injury.

Understanding these regulations is crucial for successfully filing premises liability claims in California.

Personal Relationships vs. Legal Rights

Deciding to pursue a lawsuit against a friend or neighbor is undoubtedly difficult. Relationships are valuable, and the thought of causing strain or animosity is often a deterrent. However, it’s crucial to remember that injuries can cause significant medical expenses, lost wages, and emotional distress.

California’s legal system acknowledges the right to seek compensation for these damages, even when the liable party is someone you know.

What Are Your Options to Pursue Compensation?

Before deciding on legal action, it’s important to explore the alternative avenues that may be available for you to seek compensation. If you’ve been injured on someone else’s property, consider these options:

• Open Communication: Directly discussing the issue can unveil solutions that haven’t been considered, often leading to mutually beneficial outcomes. It’s usually the first step to understanding the other party’s perspective and finding common ground.
• Filing a Claim with Their Homeowners’ Insurance: Homeowners’ insurance is not required in California. However, if your friend of neighbor has a valid homeowners’ insurance policy, you can file a claim to receive damages with their insurance provider. This can:
  • Avoid Legal Battles: This approach can provide the compensation you need without the stress and confrontation of a lawsuit.
  • Preserve Relationships: By not taking legal action directly against the individual, you’re more likely to maintain a cordial relationship post-resolution.
  • Shorten Resolution Time: Insurance claims can be resolved more quickly than court cases, meaning you get compensated sooner.

Considering these alternatives can not only address your needs but also preserve important relationships and save time and resources. Speak with a reliable premises liability attorney to determine all of your options based on your specific circumstances.

When to Consider Legal Action

While there are many options for avoiding legal action, sometimes filing a lawsuit against a friend or neighbor becomes essential. This can occur when:

• Amicable solutions are not feasible
• The extent of your injuries and associated costs exceed what insurance covers

A premises liability attorney can provide critical guidance on the best course of action while ensuring your rights are fully protected throughout the process. At Brand Peters PC, our team is well-versed in handling premises liability cases, including those involving personal acquaintances like friends or neighbors. We are committed to:

• Prioritizing your well-being and financial security
• Striving to secure the compensation you rightfully deserve
• Handling your case with the utmost respect for your personal relationships

We understand the delicate nature of these cases and are dedicated to navigating them with sensitivity and professionalism.

Compassionate Legal Assistance

Injuries on a friend or neighbor’s property can create a complex situation that balances legal rights with personal relationships. It’s essential to approach the decision to sue with a clear understanding of your options and the potential impact on your relationships. Consulting with a premises liability attorney can help you make the best decision for your circumstances.

At Brand Peters PC, we’re here to support you through every step, ensuring you’re informed, comfortable, and confident in your decision. If you’ve been injured on a friend’s or neighbor’s property, contact us today to schedule a consultation. Your well-being is our priority, and we’re dedicated to helping you find the right solution.

Working as a delivery driver poses many risks, as car accidents are one of the leading causes of death in the United States.

However, there are some techniques you can use to help prevent yourself from getting hurt on the job.

Read on for delivery driver safety tips.

Stay Safe

• Drive defensively – Utilizing defensive driving techniques is perhaps the best way to avoid being involved in an injury-sustaining car accident. The following are some ways to drive defensively:
  • Stay alert
  • Pay attention
  • Expect the unexpected
  • Leave lots of driving distance between vehicles
  • Avoid aggressive drivers
  • Neglect your distractions
• Know your route – Get familiar with the area you’re driving around. Know the ins and outs, so you can avoid hazards when needed.
• Don’t strain your muscles – When trekking heavier items to and from your vehicle, use a dolly or another device to help you move the objects from place to place.
• Watch where you walk – When you are walking your delivery load to its final destination, pay attention to where you’re walking. Do your best to avoid uneven pavements and hazards that could cause you to trip and fall.
• Carry minimal cash – Avoid carrying large sums of cash on your person while going from delivery to delivery.
• Hide the cash – Don’t leave any cash where it is visible to people passing by.
• Pay close attention to what’s around you – Be aware of any vehicles that follow you and take note.
• Don’t deliver directly to hotel rooms – Avoid making deliveries directly to hotel or motel rooms. Leave the delivery at the front desk and have the hotel employees handle the rest.

We’re Here to Help

If you’ve been injured as a result of an accident while working as a delivery driver, you may be entitled to compensation. Our Walnut Creek attorneys at Brand Peters PC are highly skilled in this area of the law. Don’t hesitate to contact our firm with your case right away.

Call the San Francisco Bay Area lawyers at Brand Peters PC today to speak with an accomplished attorney about your case.

If you’ve ever been on a construction worksite, you know how dangerous it can be. However, there are certain measures you can take to help keep yourself safe from construction workplace hazards.

Read on to learn how you can keep yourself safe on a construction worksite.

Stay Safe as a Construction Worker

1. Become familiar with inherent fall hazards on the worksite. It is unwise to work in an area in which fall protection systems have not been installed. You should inspect personal fall arrest systems prior to each use so that you know they’re working properly and aren’t damaged.
2. Always wear your hard hat when working near scaffolds. Wearing your hard hat will protect you in the event something falls from above. In addition, wear your sturdiest, non-skid work boots as well as tool lanyards in order to prevent slipping and falling and for the protection of the workers below you. Never work on scaffolding coated in ice, water, or mud. Never go over the maximum load when you work on scaffolds. Never leave anything on the scaffold when your shift comes to an end. Don’t climb scaffolding anywhere other than the designated access points. Always have tools hoisted up to you once you’ve climbed the scaffold.
3. Support yourself with three points of contact while going up and down ladders. That means you should always have both feet on the ladder and at least one hand. Make sure the top of the ladder extends three feet above the work surface. In addition, never haul ladders above their rated capacity, including your weight, your materials, and your tools.

We’re Here For You

If you become injured in a construction site accident, you may wonder what your options are. The attorneys at Brand Peters PC are highly skilled in workers’ compensation law and have helped many other people, just like you. Don’t hesitate to contact our firm with your case right away.

Call the San Francisco Bay Area lawyers at Brand Peters PC today to speak with an accomplished attorney about your case.

Becoming injured is never favorable, but it can be even worse when your injuries are sustained at work and impact your ability to effectively do your job. Luckily, workers’ compensation benefits are granted to the majority of California employees.

According to the State of California Department of Industrial Relations, workers’ compensation benefits are “designed to provide you with the medical treatment you need to recover from your work-related injury or illness, partially replace the wages you lose while you are recovering, and help you return to work.”

Read on to learn more about workers’ compensation benefits in California.

What to Do if You Become Injured at Work

If you are injured on the job, you should take the following steps so you’re able to receive workers’ compensation benefits to help pay for your injuries:

1. Let your employer know about your injury or illness. It’s very important for the approval of your workers’ compensation benefits to tell your employer about your ailment right away. If your ailment developed over time, tell your employer as soon as you find out or suspect it to be the result of your work. If your condition is not reported to your employer within 30 days, it is possible for you to lose your right to obtain workers’ compensation benefits altogether.
2. Attain immediate medical treatment if necessary. Call 9-1-1 if it’s an emergency or visit an emergency room immediately. Be sure to let the medical staff know that your ailment is work-related. If you’re able to do so without exacerbating your condition, contact your employer for more information on how to proceed. If emergency medical treatment is not necessary, it’s a good idea to obtain first aid and visit a doctor if needed.
3. Once your claim is filed, your employer is obligated to provide medical care for you. You are entitled to medical care provided to cure or treat ailments you developed while working.

The Benefits You Are Entitled To

The workers’ compensation benefits you are entitled to are as follows:

• Medical treatment – Your employer is required to pay for your medical care that relates to your on-the-job injury. Including physician visits, treatment services, tests, drugs, equipment, and travel costs that are reasonably needed for the treatment of your injury.
• Temporary disability benefits – If you lose wages because you are unable to perform your regular working duties as a result of recovering from your injury, these benefits will be paid to you.
• Permanent disability benefits – If your injury prompts a lifelong loss of physical or mental performance that is measurable by a doctor, you will receive these benefits.
• Supplemental job displacement benefit – If you qualify for permanent disability benefits, your employer does not offer you work, and you don’t go back to work for your employer, you will receive a voucher designed to assist with payments relating to retraining or skills enhancement.
• Death benefits – If you die as a result of your working injury or illness, your spouse, children, or other dependents will receive these benefits.

More Details

As long as you give your employer the name and address of your primary care physician in writing before you are injured, you are allowed to see your personal doctor or medical group immediately after sustaining your injuries. Providing your employer with your doctor’s information prior to becoming injured is called “predesignating.”

We Can Help

If you’ve been injured at work and would like to obtain workers’ compensation benefits, our skilled attorneys at Brand Peters PC can help. Our team has helped many other people just like you obtain the benefits they deserve. Don’t hesitate to contact our office with your case right away. After all, it’s your health on the line.

Call the San Francisco Bay Area lawyers at Brand Peters PC today to speak with an accomplished attorney about your case.

California requires household employers to carry Workers’ Compensation insurance for their household employees such as nanny, senior caregivers or housekeepers working more than 52 hours per quarter (90 days).

Labor Code Section 3352(h) excludes from the definition of “employee” under workers’ compensation: “ Any person …who was employed by the employer to be held liable for less than 52 hours during the 90 calendar days immediately preceding the date of injury… or who earned less than one hundred dollars ($100) in wages from the employer during the 90 calendar days immediately preceding the injury.”

Thus, to be classified as an employee and receive workers’ compensation benefits, a nanny or other household worker must pass either the 52 hour test or the $100 wage test. An employee should always ask whether a potential employer has the proper insurance coverage to protect against an injury sustained on the job site and Labor Code Section 2810.5 requires employers to provide minimum notice to household workers. Typically, the insurance is obtained as a rider on the employer’s homeowner’s insurance policy.  Under Insurance Code Section 11590, all homeowners insurance companies are required to offer a workers’ compensation endorsement that provides compensation for household employees that are injured in the course of their employment.

What if the Employer Failed to Secure Workers Compensation?

If it is determined the employer failed to obtain workers’ compensation coverage, and the injured worker is determined to be an employee for workers’ compensation purposes,   after serving the employer with the Application, the injured worker could request joinder of the Uninsured Employers Benefits Trust Fund (UEBTF) under Labor Code Section 3716. If the employer does not have the funds to cover the Awarded amount in ten days, the Award would come from the director of the UEF.

Self-Employment and Workers Compensation

Workers compensation insurance is optional for most self-employed workers. If you are a roofer with a C-39 license, or a self-employed individual in other hazardous fields, you may need to obtain a workers’ compensation policy for your own injuries. This is outlined in the Business and Professions Code Section 7125.

Brand Peters PC is here to help. Contact us today!

Senate Bill 899 created a new procedure described in Labor Code Section 4062.2 to obtain medical legal reports through the Panel QME process for injuries after 1/1/05. The idea of having one doctor to evaluate an injured worker instead of two doctors with diametrically opposed views seemed like a good idea at the outset. However, the PQME process in place has proven to be flawed and ineffective for many trying to navigate the system.

Over time, the parties have encountered flaws when using the PQME process and have availed themselves to the right to request a replacement panel under 8 CCR Section 31.5(a). This has led to significant delays, additional discovery costs and misuse of Board time. There are sixteen different reasons enumerated under Section 31.5(a) for a party to request a replacement panel. Numerous panel requests have led to cases having more than five panels issued and delays of upwards to a year in scheduling a panel evaluation from the date the original panel was requested.

Have you been denied an expeditious panel process under Labor Code Section 4062.2?

Under Labor Code Section 5701, the Appeals Board may from time to time direct any employee claiming compensation to be examined by a regular physician. We have successfully petitioned to the WCAB for the appointment of a medical-legal evaluator under Labor Code Section 5701 in cases where the medical legal process has been unreasonably and unnecessarily delayed beyond the control of the parties despite their efforts. An example is when multiple Panel’s have issued over the period of one year and after the striking process was completed, the remaining physician was unable to schedule the examination within the statutory time frame, and the parties were unable to agree upon an AME. The WCJ in the interests of expediting resolution of the medical-legal process, pursuant to Labor Code 5701, appointed a physician to resolve the medical-legal dispute. A significant amount of litigation continues to exist with selecting and obtaining a Panel QME. If you are experiencing delays in the panel process, Labor Code Section 5701 may offer a more expeditious resolution of the medical-legal process.

Contact Brand Peters PC to receive your free initial consultation today with an experienced workers’ compensation attorney.