Property maintenance is key to avoid injuries, premises liability claims

October 11, 2017 | 9:31 am


Premises-Hazard-Blog

The following article by Chain | Cohn | Stiles attorney Matt Clark appeared in the Kern Business Journal. To view the PDF print version of the Kern Business Journal click here

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Maintaining your property so that it is safe for your customers, employees and visitors should be a top priority for all businesses. Premises liability lawsuits are one the most common claims made against businesses.

At Chain | Cohn | Stiles, we regularly receive calls from Kern County residents injured due to poorly maintained property. Oftentimes, these injuries lead to cases, and these cases end up in litigation, costing businesses time and money. In almost every instance, the injury, and subsequent lawsuit, could have been avoided with proper maintenance and inspection, and a basic understanding of premises liability law.

Premises liability claims typically fall into one of two major categories: standard premises liability, or premises liability against a public entity, oftentimes referred to as a “dangerous condition of public property.” In this article, we will focus on the former, which applies to all private businesses and an injury claim made by a non-employee. Also, it is important to note that an injury claimed by an employee normally falls into the worker’s compensation system, which is a “no fault” system, meaning the law relating to liability is largely inapplicable.

Premises liability claims

If someone claims to be injured on your property, he or she needs to prove four things to win their case:

  1. That you owned, leased and/or controlled the property;
  2. That you were negligent in the use or maintenance of your property;
  3. That they suffered an injury; and,
  4. That your negligence was a substantial factor in causing their injury.

Property owners are expected to use reasonable care to discover any unsafe conditions, and to repair or give warning of any condition that could be reasonably expected to harm others. If an injured party can ultimately prove that a dangerous condition existed on the property, that the owner knew or should have known the condition was present on the property, and that the owner failed to correct the condition, or give adequate warning, the injured party will likely prevail.

But how does it work in a practical sense?  If, for example, you fail to maintain your parking lot to the extent that it is full of potholes, uneven surfaces, or broken and cracked asphalt and someone falls, you may be liable for their injuries. If a customer spilled something inside your store and you have no protocol or procedure in place to regularly inspect the condition of the floor, and then hours later another customer slips and falls, you could be liable. If your business operates at night, and you have an area outside that is so poorly lit that things like curbs, parking bumpers, or medians are invisible and someone falls, you could be liable.

What you can do

As a best practice, your business should regularly inspect your property and keep a record of the inspections (think of inspection records inside most public restrooms, for example). If during an inspection, you come across a condition or defect that poses a danger to others, you should immediately cordon off the area, put up warnings if necessary – such as wet floor signs or warning tape – and then correct the defect as quickly possible.

Under most circumstances, businesses make timely repairs to defects they are aware of. The failure occurs when there is not a regular inspection policy in place, and defects go unnoticed.

So, if you take one bit of advice away from this brief article it should be: put a policy in place to regularly inspect your businesses’ property, do the inspections, and keep a record that you did it.

Matthew Clark is a senior partner at Chain | Cohn | Stiles where he focuses on wrongful death, industrial accidents, and motor vehicle accident cases, among other injury cases for people of Kern County.

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*NOTICE: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in a prison or a fine of up to $150,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

Chain | Cohn | Stiles attorney Beatriz Trejo delivers keynote speech at CSU Bakersfield’s ‘Chicano Commencement Celebration’

May 17, 2017 | 9:28 am


Beatriz Trejo, Chain | Cohn | Stiles workers’ compensation attorney, was recently honored to deliver the keynote speech at the CSU Bakersfield “Chicano Commencement Celebration” held May 14 at the Icardo Center.

Trejo earned her bachelor’s degree in political science from Cal State Bakersfield and her master’s degree in political science from Cal State Northridge. She returned to Bakersfield after earning her law degree from the University of Akron School of Law in Ohio.

She is currently the president of the California Applicants’ Attorneys Association, Bakersfield Chapter. She also supports local programs focused on advancing Latinos and Latinas in Kern County, including Latina Leaders of Kern County and the Kern County Hispanic Chamber of Commerce’s Small Business Academy. Recently, she was selected as the 2017 winner of the “Young Workers’ Compensation Lawyer of the Year” by the State Bar Workers’ Compensation Section.

CSUB celebrated its first “Chicano Commencement Celebration” in the spring of 1980.

“It is a celebration of the Latino struggle in higher education and of growing academic success of all underrepresented communities,” said Dr. Thomás Martinez, professor of public administration at CSUB.

Trejo delivered the speech in front of more than 200 graduates, and over 3,500 in attendance. Her complete speech is below:

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Primero que nada, le quiero desear un muy feliz Dia de las Madres a todas las madres presentes, incluyendo a la mía quien es esta aquí hoy. A las que apoyaron as sus graduados y a las que hoy celebran su propia graduación.

I’d like to thank Omar Correa, the Chicano commencement planning committee, and Cal State Bakersfield for giving me the opportunity to speak to you today. This is a tremendous honor.

By now you’ve heard it from your family, faculty, significant others, SnapChat and Instagram friends, but I will say it again: Congratulations — #TurnUp.

For those of you that don’t know me, and haven’t had a chance to google me, I am an attorney here in Bakersfield who sat in your seat 14 years ago. I am like you from the future. I really doubt google says that last part.

I was informed by the commencement committee that there are 215 graduates in attendance today and we have over 3,500 people in the audience. That means each of you brought an average of 16 guests.

Let’s think about that for a minute. That means that only half of your cousins got tickets.

But seriously, this means that each and every one of you has an entire community that not only supports you but is proud and wants to see you succeed. As Latino college graduates You have beaten the odds. You fought and struggled and today you celebrate this great accomplishment.  You beat the odds that were stacked against you when it came to high school graduation rates, college enrollment, retention, and now graduation.

You as educated Latinos you now carry all of our hopes and dreams for this community, mine included. Your success reflects on all of us. Our hope is that you will bring about change, change here in Bakersfield and our communities and neighborhoods.

Whether you like it or not, you will now be held to a higher standard than others. I don’t think this is news to anyone here. For the Latina women here today, this goes double for you.

I have a bachelor’s degree, a master’s degree, a juris doctorate’s degree, three years of experience working in higher education, and five years as an attorney, yet not a week goes by that I am not mistaken for a secretary or an interpreter. Please don’t misunderstand me for these are perfectly fine professions, but not once has anyone assumed that I was the managing partner of my firm.

A while back, I was at a mediation with two senior partners. Once we reached a settlement, we all sat down together and I began reviewing the terms of the agreement, to which I told our opposing counsel that there were terms in the document we would not agree to. With a look of dismay, he turned to my boss and asked ‘is this your paralegal?’ After I explained to him my role he agreed to our proposed changes. I think this was more shocking to my boss than it was to me. Unfortunately, I see this much too often. The challenge for me that day was balancing professional decorum and civility with pride and ego.

You too will have those challenging days, days when someone will challenge your ability not based on your performance but based on what you look like. It is the hard days the days that challenge you to very core that will determine who you are; your character will be defined not just by what you achieve but also by how you react in the face of that challenge.

Our lives are shaped by the cutting edge of our experiences. I want you to keep this in mind, your struggles and challenges have made you a better candidate for success.

Fourteen years ago while sitting where you are sitting now I had a plan, I knew exactly what my life would be both in my personal life and in my professional life. I cannot tell you how happy I am that those plans failed. I would not be speaking to you today had those plans came to fruition.

About a decade ago I was living in L.A., freshly introduced to the world of student debt working a job that was not very challenging; needless to say, I was very frustrated with this situation. I assumed right after graduating with a master’s degree, doors would open and I would find the career of my dreams. This did not happen. I took this as a failure on my part. This is when I learned the piece of advice I want to pass on to you – there is no such thing as a failure, only a change of plans.

To give you an example: I know there are some of you that perhaps failed a class in your time here at Cal State, but you did not allow that failure to be an option, you kept going. You took the class again, you changed majors, or you were able to compensate with other classes. But for you failure was not an option, you simply had a change of plans.

As for me, I took my career failure and began to look into other careers. Somehow, I got the brilliant idea that I could go to law school because frankly, I didn’t know any better.

I enrolled at the University of Akron school of law in northeast Ohio. I was one of only three Latinos in the entire entering class. There were so few minorities at this school that the Asians and Latinos had to unite in order to have enough students for a student club, so we had the Asian-Latino law student association. Not only that, but there were no good Mexican restaurants in Akron, Ohio  and it snowed 5 months out of the year.

Don’t get me wrong, I love Ohio. But if someone would have told me on the day I graduated from Cal State Bakersfield that five years later I would be in Ohio, unemployed, and digging my car out the snow in order to make it to class, I would have said, ‘You have the wrong person.”

The same goes for you. Life is what happens when you are busy making other plans and by no means should a change in plans be considered a failure.

Having a plan is great, but just know that you will likely have several changes of plan throughout your life, but each change of direction is only getting you closer to where you need to be. Where you are needed and where you can provide the most benefit to those around you.

And as you start your journey into the post-grad era of your life remember that your path will be unique and there is no point in comparing your path to others. With social media it is so easy to fall into the trap of comparing yourself to others or creating an alternate version of your life for others. In the end no one cares what you had for lunch and anyone that knows you, knows that you are not that pretty without a filter. #Truth True identity is not found in any app in your phone. Your identity is something that you are constantly earning; it is an ongoing and ever evolving process.

So for those of you graduating with a plan, good for you, you are on the right track, and for those of you graduating without a plan, good for you, you are on the right track. Remember that this is a world of infinite possibilities. Do not feel that your next step is the most important step you’ll ever take. It’s not. It is simply another step in the evolution of you.

Do not feel rushed to feel that sense of accomplishment. It took me 14 years and in invitation to speak at the Chicano commencement before I realized that I am exactly where I am supposed to be.

Los planes son geniales pero las metas son mejores. Plans are great, but goals are better.

A goal is not nearly as rigid as a plan. Your goal could simply be to help others, or to provide for you family. The path that your goals will take you, will be ever changing. No matter what goal you set for yourself today I can honestly tell you that achieving a goal will not come without hard work.

When I was in law school a professor shared this piece of advice that has stuck with me throughout the years. He said, ‘throughout your career you will encounter opposing counsel that will be smarter than you, more experienced than you, and with more resources than you, but they will not outwork you. That’s the part that you control.’

We cannot control our background, we cannot control our upbringing, we cannot control our gender, or race, or the state of the economy, we cannot control the cards we were dealt, but we can control how hard we work to achieve our goals.

We can control how late we stay and how early we arrive. We know that we cannot knock on doors and climb the ladder of success with our hands in our pockets. Most of us learned our work ethic from our parents. Before all the graduation celebrations are over make sure to thank your parents and those who supported you  for their hard work and sacrifice.

Así de duro como han trabajado para llegar aquí hoy, ellos han trabajado más duro para darles la oportunidad de estar aquí hoy. As hard as you have worked to get here today, they have worked harder to give you the opportunity to be here today.

Make sure to thank that entire community that is here for you, even the ones that didn’t get a ticket are happy and proud of you.

In fact, let’s thank them right now. Can I get all of the graduates to stand up for moment? OK, I want you to turn to the audience and give them a round of applause.

Class of 2017, as you leave here today, I would like for you to continue to think of Cal State Bakersfield as your home. This university has now been my home for over a decade. In fact, I continue to attend alumni events. Just a few days ago, I attended the Spring barbecue. In 2011, I studied for the bar exam on the third floor of the library. I left a pink sweater there that hopefully is still in lost and found. The point being is that this university is also part of your community of support.

In conclusion, I leave you with the following thought. The poet, Omar Kyaam, once said, “Not one returns to tell us of the road, which to discover we must travel ourselves.” I have returned to tell you that your road to self-discovery is just beginning. Embrace the journey ahead.

Enjoy your commencement festivities, you have earned every minute. Felicidades

Chain | Cohn | Stiles fights to protect the rights of all injured workers in California, including immigrants

April 12, 2017 | 9:18 am


Did you know that in California, Latinos are less likely to file workers’ compensation* claims, yet have the highest rates of work-related injuries? They are also less likely to seek medical attention, have less access to medical facilities, and face the highest percentage of retaliation at work.

Undocumented workforce, in particular, suffer the most for fear of losing their jobs or facing negative reaction from their employers when they are hurt on the job.

Attorneys from the Bakersfield-based personal injury and workers’ compensation law firm Chain | Cohn | Stiles have been speaking out about the rights of all injured workers in California — documented and undocumented. The message: It’s vital for lawmakers in California to implement laws that continue to strengthen the rights and protections of all its workers, including undocumented immigrants.

“Latinos are the lifeblood of many industries in California, particularly in the Central Valley, and contribute tremendously to our nation’s economy,” said Beatriz Trejo, workers’ compensation attorney with Chain | Cohn | Stiles. “They deserve equal protection under law.”

Trejo served as the moderator for a recent California Applicants’ Attorney Association (CAAA), Latino Caucus, symposium that aimed to educate on the issues affecting Latino workers in California. Trejo is the president for the Bakersfield Chapter of CAAA.

The symposium focused on these alarming statistics: Latinos account for 59.4 percent of all workplace injuries and 37.8 percent of all workplace deaths. They experience a higher rate of injuries in California because of their employment industries — agriculture, warehouse and packing, food processing plants, or truck driving to name a few.

Workers’ compensation claims are less reported among undocumented immigrants because their immigration status is used as a weapon of intimidation. Despite the passage of strong labor laws, they are rarely enforced, according to coverage from Vida en el Valle, a publication that covers news from the Latino community in the Central Valley.

Because of these concerns, Trejo has been speaking at various “community town hall” meetings throughout Kern County, including Lamont, Arvin, Delano, Taft and Bakersfield. They are hosted by the Immigration Justice Collaborative, a group of volunteer attorneys who aim to educate undocumented residents in Kern County on their basic legal rights.

During the town hall meetings, Trejo gives a brief description of the rights of injured workers under the California Labor Code, and meets briefly with those with additional questions. Under Labor Code §1019: “It is unlawful for an employer or any other person or entity to engage in, or to direct another person or entity to engage in, unfair immigration-related practices against any person for the purpose of, or with the intent of, retaliating against any person for exercising any right protected under this code or by any local ordinance applicable to employees.”

And under Labor Code §98.6, “No person shall discharge an employee or in any manner discriminate against any employee or applicant for employment” for filing work injury claims, for example.

Seventy-nine percent of the nation’s undocumented immigrants are Latino with 2.4 million (22 percent) residing in California alone. In California’s workforce, it’s estimated that about one in ten workers is undocumented.

“It’s critical to continue to help Latino and undocumented workers with their work injury claims, to make sure they are fairly compensated and make sure their rights are protected,” Trejo said.

Seventy-nine percent of the nation’s undocumented immigrants are Latino with 2.4 million (22 percent) residing in California alone, according to Vida en el Valle. In California, it’s estimated that about one in 10 workers are undocumented.

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If you or someone you know is injured on the job, please contact the workers’ compensation lawyers at Chain | Cohn | Stiles by calling (661) 323-4000, or visit the website, bakersfieldwclawyers.com.

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MEDIA COVERAGE

Chain | Cohn | Stiles attorney Beatriz Trejo named ‘Young Workers’ Compensation Lawyer of the Year’

March 22, 2017 | 9:30 am


Beatriz A. Trejo, an associate attorney with the law firm Chain | Cohn | Stiles, has been selected as the 2017 winner of the “Young Workers’ Compensation Lawyer of the Year” by the State Bar Workers’ Compensation Section.

Trejo, who has been assisting injured workers at the Bakersfield-based personal injury law firm Chain | Cohn | Stiles since 2015, is being honored for her stellar professional work, as well as her commitment toward serving her community.

“I am extremely honored to be recognized by State Bar of California,” Trejo said. “It is an honor that I did not think could be possible when I started the practice of law.”

Before joining Chain | Cohn | Stiles, Trejo was a defense attorney who practiced in front of the Workers’ Compensation Appeals Board — she is familiar with the inner workings of insurance companies, insurance carriers, and self-insured employers. She is currently the president of the California Applicants’ Attorneys Association (CAAA), Bakersfield Chapter.

Outside of the office, she supports local programs focused on advancing Latinos and Latinas in Kern County, including Latina Leaders of Kern County and the Kern County Hispanic Chamber of Commerce’s Small Business Academy.

Trejo is fluent in Spanish, and has appeared on local Spanish radio stations, assisting Kern County residents with their legal questions. She is a regular contributing writer in the Kern Business Journal, and recently has been a panelist on the Immigration Justice Collaborative’s Community Town Hall events.

Other community organizations she is involved with include the Comprehensive Blood & Cancer Center Foundation’s Cancer Run Committee, CSU Bakersfield Pre-Law Advisory Committee and the CAAA Legislative Caucus.

Trejo displays a level of skill, knowledge and dedication to her craft that exceed those of her contemporaries, and even that of many experienced veterans in practice, said James Yoro, senior partner and workers’ compensation veteran lawyer at Chain | Cohn | Stiles.

“What sets her apart from many other attorneys of her age and experience is her abiding and selfless commitment to serve our profession and our community at large,” Yoro said.

Indeed, for Trejo, she understands that for many injured workers, workers’ compensation benefits are the only benefits they will receive after an injury.

“I find representing injured workers to be a great responsibility due to the limited options,” Trejo said. “And representing injured workers goes beyond my time in the office. I represent my client’s interests though my lobbying efforts in Sacramento and by leading the local chapter of applicants’ attorneys in Kern County.”

The honor is awarded each year to a lawyer who has been in practice for five years or less, or who is 35 years of age of younger. Trejo will be presented with the award during a ceremony Aug. 18 in San Diego.

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*NOTICE: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in a prison or a fine of up to $150,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

Luchando por Justicia: Chain | Cohn | Stiles serves local Latino, Hispanic residents

November 16, 2016 | 6:00 am


Since its early days, the Bakersfield-based law firm Chain | Cohn | Stiles has served injured people from all walks of life, no matter of age, gender, race or sexual preference.

In fact, the law firm has been at the forefront of progressiveness in Kern County, credited for employing one of the first female attorneys in the area and one of the first black attorneys, among other milestones.

The same goes for serving and employing Kern County’s Latino and Hispanic residents, which now represents around 50 percent of all residents in the area.

Simply said: The law firm, its employees and its community are one in the same.

The injury, accident and workers’ compensation law firm Chain | Cohn | Stiles has made available a Spanish language website in order to better serve the local Latino and Hispanic population. You can view that website by clicking here, or visiting abogadosenbakersfield.com.

And recently, Chain | Cohn | Stiles partnered with La Caliente 96.9 to assist Spanish radio station listeners who need help with their potential accident, injury or workers’ compensation* cases. In fact, workers’ compensation associate attorney Beatriz Trejo and personal injury lawyer Heather Rodriguez, who are bilingual in English and Spanish, have become a regular on El Show De Cascabel, a Spanish language show. The radio program is hosted by Juan Leal, who goes by the nickname “El Cascabel,” and Marina Moreno, whose alias is “La China.” The widely popular Kern County show airs on FM station 96.9 from 2 to 7 p.m., Monday through Friday.

The law firm and its employees are also deeply involved in community efforts that serve the local Hispanic population, including Kern County Hispanic Chamber of Commerce and Latina Leaders of Kern County, among others.

The message relayed to listeners is that Chain | Cohn | Stiles is “Standing for Justice” for all residents of Kern County — or, in Spanish, “Luchando por Justicia.”

You can listen to various Spanish radio interviews featuring Trejo and Rodriguez below:

El Cascabel also frequently gives endorsements of Chain | Cohn | Stiles to his show’s listeners. You can listen to one of them by clicking here.

Trejo and Rodriguez could be heard at various times during the week with El Cascabel answering pressing legal questions from listeners throughout Bakersfield and Kern County. To learn more about Beatriz Trejo, click here, and to learn more about Heather Rodriguez, click here.

And if you or a someone you know needs assistance with a potential accident, injury or workers’ compensation case, call the lawyers at Chain | Cohn | Stiles for a free consultation at (661) 323-4000, or visit the website chainlaw.com.

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*NOTICE: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in a prison or a fine of up to $150,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

Hacer un reclamo falso o fraudulento de compensación para trabajadores es un crimen grave sujeto a un máximo de 5 años de prisión o una multa de hasta $150,000 o el doble del valor del fraude, el que sea mayor, o tanto por el encarcelamiento y multa.

Community Voices: Bad workers’ compensation laws in California are costing taxpayers

October 26, 2016 | 9:02 am


Editor’s Note: The following article appeared as a Community Voices article in the Oct. 14, 2016, Opinion section of The Bakersfield  Californian. To read the article in print format, click here. To see the article online, click here

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Taxpayers: Bad workers’ comp laws in California are costing you

By James A. Yoro

As a business owner, I have a personal investment in the health and welfare of my employees. Not only do I want a safe working environment but if, God forbid, they get injured, I want them to be taken care of so that they can return to work as soon as they recover.  That is what I expect for the insurance premium dollars I have spent.

A workers’ compensation system that provides adequate support to injured workers is a key component to the social safety net that we as a society have all agreed is necessary. It provides a fair and balanced approach to the costs of doing business and the unfortunate inevitability of on-the-job injuries.

Continuing erosion of these safety net benefits result in harmful and widespread economic consequences to the injured worker. What often goes unnoticed and unmentioned is the fact that we all will ultimately bear the brunt of this denial of benefits as a result of the cost shifting that occurs.

In fact, it’s costing you, my fellow taxpayers, right now.

California’s private workers’ compensation insurance carriers so effectively lobbied California’s legislators that they have eroded the system to the extent that the costs for the long-term care and disability for injured workers in the state often falls on taxpayers through the Medicare, Medi-Cal and Social Security system. This is an undue burden to the taxpayers and a shirking of the insurance company’s responsibilities. California’s workers’ compensation insurers continue to collect premiums from California’s employers all to increase their profits while California’s injured workers ultimately have to rely on taxpayer-funded systems.

A recent U.S. Department of Labor report (“Does the workers’ compensation system fulfill its obligations to injured workers?” – Oct. 5, 2016) outlines the troubling condition faced by injured workers because state-sponsored workers’ compensation programs throughout the nation are failing to provide even rudimentary benefits.

“Other social benefit systems … have expanded our social safety net, while the workers’ compensation safety net has been shrinking. There is growing evidence that costs of workplace-related disability are being transferred to other benefit programs, placing additional strains on these programs at a time when they are already under considerable stress.”

For example, here in California, benefits paid to injured workers to replace lost wages during the time off needed to recover from an injury have been capped at 104 weeks. The consequence of this is that those most seriously injured who do not recover in that amount of time face severe financial pressures. With no other similar benefit available, the burden to survive falls on the disabled worker, and ultimately the taxpayers.

The labor department report calls for an increase in the federal role of oversight including the appointment of a new national commission and establishment of minimum standards.

Business owners and employers should all be contacting their legislative representatives and demanding an end to this continuing degradation of rights and benefits to our hard-working labor force.

I am not a proponent of federal intervention into our states workers’ compensation system; however, this report should serve as a wake-up call to all of us. If we do not take care of our injured workers, then the threat of big government casting its shadow across our Golden State looms large in our foreseeable future.

James A. Yoro is a certified workers’ compensation attorney, a senior partner at the Bakersfield-based injury and workers’ compensation law firm Chain | Cohn | Stiles, and has nearly 40 years of experience in the practice.

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If you or someone you know is hurt on the job, contact our workers’ compensation attorneys by calling (661) 323-4000 or chainlaw.com.

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*NOTICE: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in a prison or a fine of up to $150,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

Safety Tips: ‘Cumulative trauma’ injuries from work, and how to avoid them

August 31, 2016 | 6:00 am


NOTE: The article below, written by Chain | Cohn | Stiles workers’ compensation attorneys James Yoro and Beatriz Trejo, appeared in the August/September 2016 issue of the Kern Business Journal. The Journal is a bi-monthly publication by The Bakersfield Californian that showcases business and industry developments across Kern County.

This article focuses on important tips to prevent cumulative trauma injuries in the workplace. This occurs when there is repetitive strain in the muscles, nerves, ligaments, and tendons. To view the article in the publication, click here. To see the entire publication online, click here

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In today’s technology-driven work life, it is easy to imagine an 8-hour day sitting behind a computer screen. Alternatively, we are exposed to long hours of standing or repetitive movements, which may lead to what is called a cumulative trauma injury, which occurs over time, as opposed to one caused by a particular event leading to a specific injury.

California law recognizes both of these injuries equally. The following are some tips for avoiding repetitive trauma injuries in the workplace:

Take breaks and use them wisely

No matter what activity you perform most in your daily work life – sitting, typing, lifting or bending, for example – your body is not likely meant to tolerate it for long periods of time. Make sure to take breaks from these activities by avoiding them. Avoid leaving your desk to simply sit in the break room. Avoid straining your eyes at your computer to check text messages on your phone. Instead do what would seem like the opposite – like walking or stretching.

Make sure to tell your doctor

The most common question in a cumulative trauma injury is, “When did the symptoms start?” It is quite rare for a person to actually remember the first time they experienced any type of symptoms. For the most part, a person will ignore symptoms and simply attribute them to being tired or sore in hopes that they will go away. However, this is rarely the case. A cumulative trauma injury is one with a prolonged period of injurious exposure. This means that whatever activity you are performing at work is causing your pain and discomfort and will continue to accumulate unless you change something.

Stay hydrated

With temperatures above 100 degrees, it’s easy to fall behind on liquid intake. Dehydration and heat exhaustion poses a threat particularly for people engaged in outdoor activities. The long Kern County summers makes this threat an ongoing issue that must be addressed daily.

Get plenty of sleep

Sleep plays a vital role in good health and well-being throughout your life. Getting enough quality sleep at the right times can help protect your mental health, physical health, quality of life and safety. The way you feel while you’re awake depends in part on what happens while you’re sleeping. During sleep, your body is working to support healthy brain function and maintain your physical health. The damage from sleep deficiency can occur in an instant or it can harm you over time. For example, ongoing sleep deficiency can raise your risk for some chronic health problems. It also can affect how well you think, react, work, learn, and get along with others.

Stress can impair your immune system and make you more susceptible to illness and injury. Often we are confined to the daily routine without proper rest which leads to stress if an appropriate break or vacation is not enjoyed. Vacations are an important part of maintaining a healthy and long work life. Remember, rest and rejuvenation is vital components to avoiding injury from repetitive work activities.

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RELATED MEDIA

— Compiled by Evelyn Andrade for Chain | Cohn | Stiles

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*NOTICE: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in a prison or a fine of up to $150,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

Kern County’s Latin culture on display at Chain | Cohn | Stiles-sponsored Latination art exhibit

August 24, 2016 | 6:00 am


Kern County is largely populated by people of Hispanic or Latin backgrounds. In fact, just last year the U.S. Census Bureau confirmed that more than half — 52.2 percent — of Kern County’s population was Hispanic. It’s no wonder our community is host to a wide array of Latin focused cultural events and activities.

And that includes at Metro Galleries, an art gallery in downtown Bakersfield that each year hosts a celebration of Latin culture through an art exhibit and competition. It’s called “Latination,” and this year will be the eighth consecutive year that the art gallery hosts annual event — from 5 to 10 p.m. on Friday, Sept. 2. It’s free to attend.

Chain | Cohn | Stiles is proud to be a sponsor of this year’s Latination 8.

 

Celebration of Culture

Don Martin, owner of Metro Galleries, started Latination eight years ago as way to honor the Latino culture and community contributions, he said. Growing up in Lamont, southwest of Bakersfield, and graduating from Arvin High School, Martin said he was able to appreciate the agriculture-based community.

“I saw and experienced Latinos at work, at play and the wonderful aspects the culture has towards family,” Martin said.

And Latination has become Metro Galleries’ largest openings. Each year, more than 4,000 people of all backgrounds attend the art exhibit.

“Each year it gets bigger and better.” Martin stated. “I think Latination has become a celebration of a culture that many here, whether Latino or otherwise, enjoy and honor.”

Local art experts and community leaders serve as judges of the art competition. The opening night also features live music and food. This year will feature local band Mento Buru, with food provided by El Pueblo Restaurant.

 

Latination Law Firm

At Chain | Cohn | Stiles, we believe it is important to embrace the Latin community. Many of our clients come from Hispanic and Latin backgrounds, and the law firm’s staff and lawyers reflect that of the Kern County community. In fact, it’s one of the most diverse offices in the area.

Connecting with people of all backgrounds is important in representing injured clients, and Latination 8 provides an opportunity to celebrate Latin culture and connect with audiences.

As for the Latin community, workers’ compensation lawyer Beatriz Trejo is one example of Chain | Cohn | Stiles being dedicated to serving and helping our Spanish-speaking audience. Trejo is bilingual in Spanish and can be heard regularly on La Caliente 96.9, a local Spanish radio station, answering legal questions from the listening audience. She is also involved in Latina Leaders of Kern County, a nonprofit organization determined to keep Latina women involved in our community.

You can listen to her recent radio appearances by clicking here and here.

— By Evelyn Andrade for Chain | Cohn | Stiles

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MEDIA COVERAGE

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If you or someone you know if injured in an accident, call the lawyers at Chain | Cohn | Stiles at (661) 323-4000, or visit the website, chainlaw.com. Spanish-speakers who need help can visit the website, abogadosenbakersfield.com.

*Notice: Making a false or fraudulent worker’s compensation claim is a felony subject to up to five (5) years in a prison or a fine of up to $150,000.00 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

Working outside? How to stay safe in the summer heat, and identify heat illness

July 27, 2016 | 6:00 am


It’s summer time in Kern County and the temperatures aren’t going down anytime soon.

Bakersfield-based law firm Chain | Cohn | Stiles wants to remind everyone enjoying the outdoors to take proper precautions to beat the heat, especially those working in the outdoors. Each year, thousands of workers become sick from occupational heat exposure, and some even die. In 2014 alone, 2,630 workers suffered from heat illness and 18 died from heat stroke and related causes on the job, according to U.S. Department of Labor and the Occupational Safety & Health Administration (OSHA).

These illnesses and deaths are preventable. Please take note of these safety measures for staying safe in the summer heat:

 

Protect Yourself

Sunlight contains ultraviolet (UV) radiation, which causes premature aging of the skin, wrinkles, cataracts, and skin cancer. Here’s how to block those harmful rays while working:

  • Dress appropriately for the heat: Wear loose-fitting, long-sleeved shirts and long pants to cover as much skin as possible in order to prevent sunburn.
  • Use sunscreen with a sun protection factor (SPF) of at least 30.
  • Wear a hat.
  • Wear UV-absorbent sunglasses.
  • Limit exposure: UV rays are most intense between 10 a.m. and 4 p.m.

 

Hydrate 

It is important to drink plenty of water. The National Institute of Medicine recommends men drink approximately 3 liters of water, and women to drink 2 liters of water per day.

If working in the outdoor heat, drink a cup of water every 15 to 20 minutes, even if you are not thirsty. During prolonged sweating lasting several hours, drink sports drinks containing balanced electrolytes. Avoid alcohol and drinks with high caffeine or sugar.

 

Rest

Rest in the shade to cool down, and keep an eye on fellow workers. Employers should ensure and encourage workers to take appropriate rest breaks to cool down and hydrate.

Shorten work periods and increase rest periods as temperature, humidity, and sunshine increase, when there is no air movement, if protective clothing or equipment is worn, or for heavier work.

 

Learn the Signs

It’s important to know and be able to recognize the signs and symptoms of a heat-related illness. There are different types of heat-related illnesses, ranging from those that cause temporary discomfort to the generally fatal condition known as heat stroke.

  • Heat Stroke: A serious, life-threatening condition that occurs when the body loses its ability to control its temperature. In heat stroke, a person develops a fever that rapidly rises to dangerous levels within minutes. A person with heat stroke usually has a body temperature above 104 degrees, but the temperature may rise even higher. Other symptoms and signs of heat stroke may include confusion, combativeness, bizarre behavior, feeling faint, staggering, strong rapid pulse, dry flushed skin, and lack of sweating. Delirium or coma can also result from heat stroke.
  • Heat exhaustion: A warning that the body is getting too hot. Those most prone to heat exhaustion include elderly people, people with high blood pressure, and people working or exercising in a hot environment. A person with heat exhaustion may be thirsty, giddy, weak, uncoordinated, nauseous, and sweating profusely. As with heat syncope and heat cramps, the body temperature is usually normal in heat exhaustion. The heart rate (pulse rate) is normal or elevated. The skin is usually cold and clammy.
  • Heat cramps: A person who has been exercising or participating in other types of strenuous activity in the heat may develop painful muscle spasms in the arms, legs, or abdomen referred to as heat cramps. The body temperature is usually normal, and the skin will feel moist and cool, but sweaty.
  • Heat syncope: Someone who experiences heat syncope (fainting) will experience the sudden onset of dizziness or fainting after exposure to high temperatures, particularly after exercising in the heat. As with heat cramps, the skin is pale and sweaty but remains cool. The pulse may be weakened, and the heart rate is usually rapid. Body temperature is normal.
  • Dehydration: There are three stages of dehydration. Symptoms may include dry mouth, dry skin, and headache. Severe dehydration symptoms include extreme thirst, irritability and confusion.
  • Sunburn: Sunburns can cause the skin to become red and swollen. Sunburns can be a risk factor for skin cancer and sun damage. Heat rash, on the other hand, is a skin irritation caused by excessive sweating during hot, humid weather. It looks like a red cluster of pimples or small blisters.

If you or someone you know is experiencing symptoms of a heat-related illness, do the following:

  • Call 9-1-1.
  • Seek shelter from the sun.
  • Apply water on the person.
  • Apply ice on the person’s neck or areas where large blood vessels are near the surface.
  • Remove any heavy clothing.

 

Employer Responsibilities 

Under OSHA law, employers are responsible for providing workplaces free of known safety hazards. This includes protecting workers from extreme heat. An employer with workers exposed to high temperatures should establish a complete heat illness prevention program.

  • Provide workers with water, rest and shade.
  • Allow new or returning workers to gradually increase workloads and take more frequent breaks as they acclimatize, or build a tolerance for working in the heat.
  • Plan for emergencies and train workers on prevention.
  • Monitor workers for signs of illness.

— By Evelyn Andrade for Chain | Cohn | Stiles

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If you or someone you know if injured at work, please call the workers’ compensation attorneys at Chain | Cohn | Stiles at (661) 323-4000, or visit the website chainlaw.com. Workers’ compensation lawyers James Yoro and Beatriz Trejo can help.

*NOTICE: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in a prison or a fine of up to $150,000 or double the values of the fraud, whichever is greater, or by both imprisonment and fine.

Chain | Cohn | Stiles partners with country radio station KUZZ in awareness campaign

July 13, 2016 | 7:00 am


Chain | Cohn | Stiles is proud to announce a partnership between the Bakersfield-based law firm and the widely-popular country music radio station, KUZZ Radio.

“Bakersfield’s best country music station,” as is the slogan for KUZZ, will begin airing 60-second audio spots featuring Chain | Cohn | Stiles personal injury attorney Matthew Clark, as well as workers’ compensation attorney James Yoro to assist radio station listeners who need help with their potential accident, injury or workers’ compensation* cases.

You can listen to all of these commercials spots below. You can also tune in live at 107.9 FM, 55 AM or visit kuzz.com.

The commercials will focus on spreading awareness of the following legal issues that listeners may have:

  • Auto and Pedestrian Accidents: It seems like every day in the news we hear about families being hurt in car and bike accidents, big rig crashes, and pedestrian accidents on the streets here in Kern County. But what would you do if it happened to you?
  • Choosing a Local Legal Expert: Law firms from out of town think they can come to Kern County and take your case. They pretend to be from here, but they’re not, and they don’t know Kern County. Chain | Cohn | Stiles has helping Kern County residents in Bakersfield for over 80 years, and has recovered more than half a billion dollars for injured clients.
  • Elder Abuse and Neglect: It’s tough enough putting your loved ones in the care of others. You trust they are in the best place, and cared for. But to learn they’re suffering, not being cared for, can be devastating. Chain | Cohn | Stiles can help you get justice.
  • Distracted Driving: Put down your phone, quit texting, and focus on the road. The last thing you want is to get into a car accident, right? But if you or your loved ones are injured in an accident, especially if it’s someone else’s fault, you need experts who can help get you all the medical care and compensation you and your family are entitled to.
  • Workers’ Compensation: A work injury can change everything. Whether it’s your fault or not, you and your family shouldn’t have to suffer.

Like Chain | Cohn | Stiles, KUZZ has deep roots in Bakersfield. It was founded in 1958 as KIKK and changed its name to KUZZ In 1960. Six years later, Buck Owens Production Company purchased the station, and still owns it today. By 1977, KUZZ was broadcasting country music 24 hours per day.

For more on the history of KUZZ, click here.

— By Evelyn Andrade for Chain | Cohn | Stiles

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If you or someone you know has been injured at the fault of someone else, please call Chain | Cohn | Stiles at (661) 323-4000 or visit chainlaw.com.

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 *NOTICE: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in a prison or a fine of up to $150,000 or double the values of the fraud, whichever is greater, or by both imprisonment and fine