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santa clara county workers compensation lawyerThere are multiple types of injuries that a person may suffer in the workplace or because of the work they have performed. Back injuries can be very painful, and they can limit a person’s movements and their ability to bend over and lift objects, affecting the work they can perform. Because of this, workers who suffer back injuries will want to determine whether they can receive workers’ compensation.

Common Types of Back Injuries

An injury may affect a person’s backbone and spinal cord, or they may experience injuries to the muscles and ligaments in the back. These injuries may include:

  • Strains and sprains - Back muscles and ligaments may be injured because a person attempted to lift an object that was too heavy, because they twisted their back into an unnatural position, or due to ongoing strain to the back muscles. In many cases, these injuries require a person to rest and refrain from strenuous activities for several days. A person may also need to take anti-inflammatory medications.

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morgan hill workers compensation lawyerPeople who suffer work-related injuries are eligible for workers’ compensation benefits. These benefits cover the costs of medical care, and if an injured worker is required to miss work or suffers a loss of income, they may also receive disability benefits. While temporary disability benefits will apply in situations where a person cannot work or can only work at a reduced capacity for a short period of time, permanent disability benefits may be available for those who have suffered permanent impairments to their ability to earn an income. However, the process of determining the amount an injured worker can receive in permanent disability benefits can be complicated, and it involves the calculation of a PD rating.

How Is a PD Rating Determined?

Before a person can qualify for permanent disability (PD) benefits, a doctor will need to determine that they have reached the point in their treatment where their medical condition is permanent and stationary (P&S). This is also known as maximum medical improvement (MMI). At this point, the doctor will send a report to the Department of Workers’ Compensation (DWC) that specifies the person’s level of impairment using an “impairment number” while also noting whether there were any non-work-related factors that contributed to the impairment.

The DWC’s Disability Evaluation Unit (DEU) will review the doctor’s report and use the impairment number to calculate the person’s percentage of disability. This will indicate the amount of loss of their bodily or mental functions that would affect their ability to return to working in the position they held before being injured. This percentage may then be reduced based on the amount of the disability that was the result of any issues unrelated to the work a person performed. The resulting amount is known as the PD rating, which will be used to determine the total amount of benefits the person will receive for their permanent disability.

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santa clara workers compensation lawyerMost people struggle with one or more medical conditions at some point in their lives. Whether you have an old sports injury, a degenerative disease, or hearing or vision problems, managing the condition’s symptoms may be a constant struggle. So what happens when work tasks aggravate an existing medical concern? Is the injured worker entitled to financial compensation through workers’ compensation? Is the worker barred from financial recovery because he or she had the condition before being hired?

California Workers’ Compensation Typically Covers Aggravation of Pre-Existing Conditions

Many people assume that they cannot get workers’ compensation for a medical issue that existed before starting their job. Fortunately, California workers’ compensation does cover situations in which a person’s job worsens a pre-existing medical problem. Unfortunately, it is often difficult to get the compensation you need for a pre-existing condition. To get reimbursement for medical bills and lost wages through your employer’s workers’ compensation insurer, you must prove that:

  • Your medical condition was aggravated or worsened by your job duties

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santa clara county workers' compensation lawyerWorkers’ compensation is typically associated with traumatic workplace incidents such as falls or equipment-related accidents. However, California workers’ compensation may also cover illnesses and diseases that a person acquires at work. If you have fallen ill and the condition is work-related, you may be entitled to compensation for medical bills and part of your lost income. Unfortunately, workers’ compensation claims involving illnesses are often harder to prove than other types of worker’s compensation claims.  

What Types of Illnesses May Be Covered by Workers’ Compensation?

California covers injuries and illnesses resulting from the work environment and/or completing work tasks. So, if your illness or disease can be linked to job duties or the workplace, you may qualify for compensation. Some illnesses that often lead to workers’ compensation claims include:

  • COVID-19 – If you contracted COVID-19 at work, it is possible that your medical bills and lost income will be recoverable through a workers’ compensation claim. Respiratory illnesses like coronavirus were already typically covered by California workers’ compensation. However, Senate Bill 1159 and other legislation have further established workers’ right to compensation.

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CA injury lawyerOur brains control everything from walking to problem-solving. When the brain is damaged in a work accident, the worker may be left with severe symptoms that significantly impact his or her life. Fortunately, most injured workers are entitled to compensation through their employer’s workers’ compensation insurance. Unfortunately, obtaining workers’ compensation is sometimes a difficult process. In situations like these, a workers’ compensation lawyer can be an extremely useful asset.

Symptoms of a Brain Injury Can Be Subtle at First

A traumatic brain injury (TBI) occurs when the brain is directly damaged by an object penetrating the skull or, more commonly, when a force causes the brain to strike the inside of the skull. Falling, being struck by objects, and equipment-related accidents are some of the most common on-the-job causes of TBI. One factor that can make TBI especially dangerous is that many TBI sufferers do not immediately realize how badly they are injured. Some symptoms are delayed by hours, days, or longer. Symptoms of TBI often include:

  • Headache
  • Dizziness
  • Blurred vision
  • Vomiting
  • Ringing in the ears
  • Slurred speech
  • Disorientation
  • Cognitive and behavioral changes
  • Sleeping problems
  • Mood swings or depression

TBI Can Lead to Profound Financial Losses

A traumatic brain injury can become a major financial burden. Usually, doctors use a CT scan or MRI to diagnose a brain injury and look for brain bleeds. The sufferer may need to remain in the hospital for several days while he or she recovers. A TBI patient may also need ongoing medical care after leaving the hospital. These medical treatments quickly add up. Fortunately, workers’ compensation may cover medical bills as well as a portion of your lost income after a TBI.

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