Every month, a reader asks one of our sponsor legal experts about a work-related issue. These building trades law professionals respond in an Organized Labor exclusive. This month’s expert is Robert Arns of the Arns Law Firm.
I hurt my knee at work. The company’s safety person said it was not necessary to file an incident report. I went along with it to protect my job. Three weeks later, the company laid me off. What can I do?
Unfortunately this is a common scenario. Employer pressure to report an on-the-job injury as having occurred somewhere else often results in no incident report being filed. First of all, never do this again--it can result in losing all potential benefits and even a fraud claim by your medical carrier, even though your employer caused it. Further, if you are laid off before you report an on-the-job injury, you may not be able to file a claim! Nobody wants to be injured on the job; everyone wants to have dinner with their family in the same condition as when they left in the morning. When an injury occurs, you have to tell the truth, even if your employer is trying to pressure you into reporting an on-the-job injury as something else. If you are told no incident report is necessary or if the employer tells you to say it was not an on the job injury (which is a felony) call The Arns Law Firm and we will take care of it. The truth will always set you free.
-Robert S. Arns, Founder of The Arns Law Firm, San Francisco, CA
For more information on work-site accidents and
your legal options, visit the ARNS Website.
“Interaction via “Ask the Expert” does not establish an attorney-client relationship. Any advice given is neither legal advice nor does it serve as a replacement for hiring an attorney. In addition, any case results mentioned or discussed are not guarantees of similar results.”
This Month's Expert; Robert S. Arns
ROBERT S. ARNS is the founder of The Arns Law Firm, a twelve lawyer plaintiffs’ law firm, with offices in San Francisco and Reno. Bob introduces himself as a “family lawyer”—not because he does dissolution cases, but because he represents families who have experienced catastrophic events, including serious or fatal injuries caused by defective products, construction site incidents, and other scenarios. He also specializes in representing plaintiffs in class actions. He has loved every day of practicing law and believes that to be able to help these families is the most gratifying and rewarding job imaginable.
Bob was SFTLA Trial Lawyer of the Year and he has been a finalist for CAOC Trial Lawyer of the Year many times. He is a professor of law at the University of San Francisco where he teaches trial practice, and was USF Law School alumni of the year in 2009 and professor of the year in 2010. He is a regular lecturer on consumer issues. He is recognized as one of the “Top 100” Super Lawyers in Northern California and one of the Best Lawyers of America. He is the author of the best selling Rutter Group Practice Guides The Evidence Wheel and The Trial Wheel, which are used by trial lawyers and judges throughout the United States. He has argued numerous cases in front of appellate courts, including the California Supreme Court and the Ninth Circuit Court of Appeals, and has resolved over a billion dollars worth of cases via verdict and settlement.
Bob’s SF office building, which he owns, was constructed with a built-in mock trial center with the facilities to mock-try a case to 36 mock jurors and break into three video-taped 12 juror deliberation panels.
Bob graduated from UCSB in 1971 with Highest Honors and graduated from the University of San Francisco School of Law in 1975 with honors and was Editor of the Law Review. He owns Tournesol winery in Napa Valley and makes a Bordeaux blend, Sauvignon Blanc/Semillon blend and a Rose