Dixon & Daley, LLPPersonal Injury, Workers Comp & Social Security Lawyers2025-06-27T13:25:27Zhttps://www.dixondaleylaw.com/feed/atom/WordPressOn Behalf of Dixon & Daley, LLP<![CDATA[What are the most dangerous roads in Southern California?]]>https://www.dixondaleylaw.com/?p=488272021-10-19T20:42:01Z2021-10-19T20:42:01ZCurrent statistics show the number of traffic fatalities in 2020 was almost 10% higher than those reported in 2019.
Although current data is not available for the rate of traffic fatalities in Southern California during 2020, it is likely that the rate in our community also spiked in 2020.
What are the most dangerous roads in Southern California?
According to a study discussed by Safer America, a consumer safety organization focused on providing data to educate the public about various dangers, I-10 is one of the most dangerous stretches of freeway in the country. The portion that runs through Southern California is located in San Bernardino county. This location makes this stretch one of the darkest and one that reports the most drunk drivers on the entire route — which runs all the way to Florida.
The second dangerous roadway is just North of Los Angeles, SR-99. 99 has similar issues to I-10, with dark roadways and drunk drivers. In fact, 99 ranks as one of the top in the nation for drunk drivers. These dangerous roadways, along with the overly congested highways and inner roads Southern California drivers deal with on a daily basis, make Los Angeles, Riverside and San Bernardino counties the three most deadly when it comes to car and motorcycle crashes.
What if I am in a serious car accident?
If the accident is the result of another driver’s reckless or negligent driving, you are likely eligible for compensation. Those who are injured while driving for work may receive compensation through a workers’ comp claim and those who are injured while on their own time can hold the other driver accountable through a personal injury claim. Legal counsel can review the details and discuss your options.]]>On Behalf of Dixon & Daley, LLP<![CDATA[Surprising risks summer weather brings to your job]]>https://www.dixondaleylaw.com/?p=488232021-09-13T21:30:50Z2021-09-13T21:30:50ZStaying cool and comfortable during these hottest months of the year can be a challenge. You may have the air conditioning set as low as possible in your home and in your vehicle, and your family probably enjoys spending as much time as they can by the water. All these and others are ways to make hot days more pleasant, but you can’t very well lounge by the pool when you are at work.In fact, even if you think your body is used to the warm climate in California, you may be at risk of heat-related injuries or illness at work when the temperature spikes. However, what you might not know is how susceptible you are to other types of accidents during the summer months.
Injuries are not limited to outdoor workers
You expect to hear increasing reports of workers suffering heat strokes, exhaustion and dehydration when the temperature reaches 90 degrees or higher. In fact, if you work in an industry such as agriculture, utilities, landscaping, construction or other outdoor work, the temperature probably dictates the intensity of your workload to avoid these health risks. However, one study shows that the higher the temperatures goes, the more likely you are to suffer injuries in other types of accidents, such as:
Tripping and falling
Falling from a ladder or other height
Being struck by a moving object, such as machinery or a vehicle
Getting a hand or other body part caught in machinery
The reason why you might be more susceptible to such accidents even if you work indoors is because the high temperatures can have a physiological effect that makes it more difficult for you to think clearly, remain alert and make sharp decisions. This can mean errors in judgment, slow reaction time and critical mistakes that jeopardize your safety. Research shows that if the temperature outside is in the 90s or higher, you could be at risk of these heat-related effects even while working in an air conditioned environment.
Your safety is key
More than 15 years ago, California mandated protections to reduce heat-related illnesses when the temperature rises above 95. This includes providing water, giving access to shade, training workers to recognize the signs of heat illness and planning outdoor work projects around excessively hot days. Nevertheless, when the temperatures soar, your chances of suffering an injury on the job rise as much as 10%. You would be wise to learn how to protect yourself and what to do if you suffer an injury or illness on the job this summer.]]>On Behalf of Dixon & Daley, LLP<![CDATA[Are you taking chances with lane splitting?]]>https://www.dixondaleylaw.com/?p=487972021-07-10T22:32:18Z2021-07-10T22:32:18ZThe debate rages on between those who say lane splitting is safe and those who say it is dangerous. If you ride a motorcycle on California highways, you may have your own opinion about the controversial action. Lane splitting occurs when a motorcyclist rides between lanes of traffic. While police officers in many states look the other way when motorcycles perform this illegal maneuver, California is the only state that permits bikers to ride between the lanes.Nevertheless, the choice to lane split should be made with great caution, and you will have to deal with many hazards. One unavoidable danger is the possibility that other larger vehicles will not see you when they switch lanes. However, you may feel this risk is not as great as the one you take when waiting in line among stand-still traffic.
Is it ever safe to lane split?
You are undoubtedly in a vulnerable position when traffic is stopped or crawling and you are on your bike. Rear-end collisions can be catastrophic to someone on a motorcycle, while they may result only in a dented fender to a car or pickup truck. When traffic is slowing and you fear you may remain sitting unprotected, you may choose to move to the dividing line and proceed between the stopped vehicles. The California Highway Patrol offers these safety guidelines for those who lane split:
Do so only when your speed will match the overall speed of the traffic, not faster or slower.
Do not lane split around large vehicles, such as tractor-trailers.
Do not linger in the blind spots of other drivers.
Do not ride between the center and right-hand lanes.
Avoid lane splitting when weather is bad, such as when it is foggy or raining, or when visibility is poor.
Do not lane split when the road is winding or in poor conditions.
Ideally, lane splitting is for very slow-moving traffic and not for when traffic is moving at highway speeds.
Unfortunately, even when you follow these precautions, some drivers may not see you and may change lanes without realizing you are moving alongside them. There may even be some drivers who inexplicably claim the center line as their territory, moving their cars over the line simply to prevent you from passing. This is a form of road rage, and it can result in accidents and injury. If you decide to exercise your right to lane split, you would be wise to do so with great caution and awareness of the potential dangers.]]>On Behalf of Dixon & Daley, LLP<![CDATA[When the road is dull, keep safety in mind]]>https://www.dixondaleylaw.com/?p=487952021-05-21T15:23:12Z2021-05-21T15:23:12Zreckless behavior.
Arrive alive
The U.S. Centers for Disease Control and Prevention tallies over 32,000 fatalities in motor vehicle accidents each year. A large percentage of those deaths occur in California. Safety experts agree that seat belts save lives, and these tragic numbers would likely be much lower if more drivers urged their passengers to buckle up for safety. Seat belts reduce the chances that you or a passenger will be ejected from the vehicle, and they minimize the violent jolt you may experience during a collision.
In addition to wearing your seat belt, you can protect yourself and others on the road by following these safety tips:
Never drive after drinking alcohol. Even a small amount may reduce your reaction time or impair your decision making.
Be aware of other substances that may hinder your driving skills, such as marijuana, prescription medications or over-the-counter medicines that may cause drowsiness, such as antihistamines.
Avoid driving when you are feeling fatigued or have not had enough sleep.
Do not allow yourself to be distracted behind the wheel; for example, turn your cellphone off or leave it in your purse or pocket.
If the route you are driving is monotonous for you, you may be tempted to speed up to get it over with or make it more exciting. However, speed increases your chances of having an accident because it reduces the time and space you have to adjust when conditions change in front of you. Additionally, high speed often results in catastrophic injuries. Instead of driving faster, it is better to take your time, remain alert and practice patience so you and others may arrive safely at your destinations.
]]>On Behalf of Dixon & Daley, LLP<![CDATA[Getting the right doctor after a work injury]]>https://www.dixondaleylaw.com/?p=487882021-03-11T22:15:57Z2021-03-11T22:15:37ZIf you have suffered a serious injury on the job, you do not want to go to just any doctor. You want to see a doctor who has special skills and training in the area of medicine related to your injury. This will improve your chances of receiving appropriate treatment right away so you can get back on your feet and back on the job. This is not always easy when you are dealing with workers’ compensation.Where should your medical care come from? Can you just go to your family doctor after a work injury? The answers to these and other questions depend on the type of injury you have suffered. However, understanding your rights regarding workers’ compensation insurance coverage is an important part of filing a successful claim and obtaining the benefits you need and deserve.
Who picks my doctor?
After a work injury, you may need medical attention. Of course, if the injury is serious, you may go to the emergency room, in which case the doctors on call will stabilize you and tend to your injuries. If your injury is not an emergency, one or more of the following may apply:
You will visit a doctor in your employer’s or insurer’s Medical Providers Network, which is a group of health care providers approved by California’s Division of Workers’ Compensation.
Your employer may have a contract with a health care organization, or HCO, that provides managed care for employees who suffer job-related injuries or illnesses.
You may see your own personal physician if you have predesignated him or her as the doctor you will see immediately after a work injury.
In cases where an employer has neither an MPN nor an HCO, the claims administrator of your employer’s workers’ compensation insurance will select a doctor for you.
If you are unhappy with the doctor in your employer’s network, you can change to another doctor in the network. You must follow certain procedures and adhere to the guidelines for switching care providers. In certain cases, you may be able to pick your own doctor outside the network even if you have not predesignated a physician. For example, if your employer failed to notify you of your rights under California’s workers’ compensation laws or if you are not receiving adequate care from your employer’s MPN or HCO, you may have the right to seek a new doctor who is skilled in treating your type of injury. The most important factor is finding a doctor who can provide the kind of treatment you need to improve your chances of making as complete a recovery as possible.]]>On Behalf of Dixon & Daley, LLP<![CDATA[Think you have a third-party claim?]]>https://www.dixondaleylaw.com/?p=487852021-02-19T21:04:31Z2021-02-19T21:04:22ZWhen to file a third-party claim
There are a number of instances where it is appropriate to pursue a third-party legal claim on top of your workers’ compensation claims. If you suffer injuries in an auto collision while on the job, for example, and the other driver was at fault, you may file claims against that person in an effort to seek compensation. Another example would be if a faulty piece of machinery contributed to your injury. You may seek damages by filing claims against the manufacturer or supplier.
What type of damages are recoverable?
As with any other type of personal injury claim, both economic and non-economic damages may be recoverable. Every case is different, and the damages must be appropriately documented for a court to consider them. A few examples include:
Lost wages
Pain and suffering
Medical costs
Mental anguish
The list goes on, and as said, is often different for everyone.
Why pursue third-party claims?
Workers’ compensation benefits often fail to cover all of the losses associated with a work-related injury. Pursuing a third-party claim is just one way to seek further relief, which may help tremendously during your recovery. To learn more about this topic and how legal counsel may help you file third-party claims, if appropriate, please take a moment and visit our firm’s website.]]>On Behalf of Dixon & Daley, LLP<![CDATA[If your Social Security disability claim is denied, appeal]]>https://www.dixondaleylaw.com/?p=487802021-02-18T01:20:18Z2021-02-18T01:20:07ZEvery year, numerous California residents suffer injuries or illnesses that prevent them from working. Social Security Disability Insurance is available to provide some level of compensation in place of their lost income, but many people struggle to obtain this benefit. It is common for SSDI claims to be denied. When that happens, one may be able to appeal the decision.
The appeals process
Those who wish to appeal need to file a written request within 60 days of receiving the claim denial. The easiest way to appeal is to file the petition online. After the filing is submitted, there are four potential stages of the appeals process:
Reconsideration
Hearing
Council review
Court review
During reconsideration, an individual not involved with the initial claim will review the application and any supporting documentation and render a decision. If that decision is still not in one’s favor, one may request a hearing. At the hearing, a judge will review all the information, ask questions and hear witnesses before approving or denying the claim. If the judge denies the claim, the case may move to council review, and if the council reviews it and denies it, a lawsuit may then be filed in federal court. The hope is that an appeal will be successful at the reconsideration stage; however, there are no guarantees, and many individuals end up working through most or all of the stages of appeal before receiving approval or having their claims ultimately denied again.
Don’t go it alone
Social Security Disability Insuranceclaims are denied for several reasons. California residents whose claims failed to receive approval can work through the appeal process in an effort to seek the benefits they need to survive. As the appeal process can be confusing, those wishing to appeal do not have to go it alone. An attorney with experience handling such cases may assist through the process and help one fight for maximum compensation. ]]>On Behalf of Dixon & Daley, LLP<![CDATA[Using bankruptcy to manage overwhelming debt]]>https://www.dixondaleylaw.com/?p=487772021-02-09T15:25:48Z2021-02-09T15:25:38ZChapter 13 bankruptcy protection, also known as a wage earner’s plan.
Under this plan, a petitioner will create a plan to repay his or her debt in installments. Depending on whether the petitioner makes above or below the state median, he or she may be approved for a 3-year repayment plan or a 5-year repayment plan, respectively. However, even those who make above the median income for the 5-year plan can seek approval for it.
While many people may think that Chapter 7, in which debt is discharged, is a better option, there are several advantages of seeking Chapter 13 protection. These include:
There are protections for third parties who may be held liable for certain debts, such as co-signers
Under Chapter 13 protection, debt is consolidated, and payments are distributed to creditors by a trustee
Foreclosure proceedings can be stopped, saving the petitioner’s home
Those in California who are struggling with debt are already experiencing a great deal of stress. Though filing for bankruptcy protection may be their best option to remedy their finally situation, they may find the process overwhelming. As such, many turn to an attorney with experience with the variety of available options to help them choose and navigate the path that is best for their individual situation.]]>On Behalf of Dixon & Daley, LLP<![CDATA[Work-related nitrogen leak kills 6, sends 11 others to hospital]]>https://www.dixondaleylaw.com/?p=487742021-02-01T19:14:09Z2021-02-01T19:13:59Zas a result of a nitrogen leak.
The incident happened on a day in late January. A spokesperson for the poultry plant where the accident occurred reports that it is believed the incident was caused by a ruptured nitrogen line. Nitrogen is used at these plants as a part of refrigeration systems. The incident is under investigation by multiple agencies.
Liquid nitrogen vaporizes when released into air and is odorless. Unfortunately, it can displace the oxygen in the air when a leak occurs in an enclosed space. In addition to the six deceased victims, 11 other people were transported to the hospital. Three of them were listed in critical condition.
At the time of the reports about the incident, officials were reportedly working to notify the family members of the deceased, and the news will likely come as a shock from which they may never fully recover. The emotional and financial consequences of such a loss can often leave families reeling for years. Meanwhile, those injured may have a long road to recovery, potentially requiring extensive medical interventions. The injured victims and those who lost a loved one in the accident may qualify for workers’ compensation insurance benefits, which will leave them better able to meet their financial responsibilities, and an attorney who is familiar with the process can help them in their pursuit of a fair settlement.]]>On Behalf of Dixon & Daley, LLP<![CDATA[Long-haul truck drivers face life-threatening safety hazards]]>https://www.dixondaleylaw.com/?p=487712021-01-28T20:30:41Z2021-01-28T20:30:32Zhazards of hauling cargo might keep you out of harm’s way.
The type of cargo you transport could pose unique risks. If your load is toxic chemicals or waste, you will have to mitigate load-specific dangers. However, some hazards you will face are common, regardless of the load.
Lifestyle
Some trucking hazards exist, regardless of the cargo load. An example is the lifestyle of truckers that typically restricts the physical exercise they get. Your diet options might be food offered at gas stations. The lack of nutritious food could lead to malnutrition, poor digestion or even diabetes.
Trucking could be a lonely and stressful job that will limit your contact with loved ones, which might ultimately affect your mental health. Many big-rig drivers believe smoking helps them cope with boredom on long-distance trips, increasing their risks of developing lung cancer.
Ergonomic risks
Your job will have you sitting for hours on end, and if your seat does not provide the necessary support, it could lead to permanent damage to your back. Furthermore, the typical vibration of a truck’s steering wheel could result in aching joints, and the brightness of the sunlight during the day and the headlights at night could cause long-term eye damage.
Equipment-related risks
Truck drivers’ responsibilities do not stop at driving. You will do some vehicle maintenance, and lift and carry heavy objects during loading and unloading. Hooking up the trailer and uncoupling it also pose risks. If you do not use the correct lifting technique, musculoskeletal injuries, strains and sprains could result, many of which could cause long-term damage.
Road accidents
Along with the other hazards, vehicle accidents will always be a risk in your job. The first precaution is never to drive without first buckling up. Compliance with federal driving time regulations could prevent fatigue-related accidents. Furthermore, there will always be passenger vehicle drivers who are ignorant of the no-zones where you cannot see them. Another important safety precaution is to study weather predictions before each trip, and adjust your driving techniques accordingly.
What to do if you suffer work-related injuries
The California workers’ compensation program will cover medical expenses and lost wages if you suffer trucking-related injuries. However, the benefits claims process could become complicated if you were injured while hauling loads across state lines.]]>