Cramer and Martinez

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california work accident lawyerThere are many different types of accidents that may happen in the workplace, and in these situations, workers will need to understand their rights and options. Slip and fall accidents are among the most common causes of work-related injuries. Even though these may seem like minor incidents that will not result in long-lasting harm, they can cause a variety of injuries that may affect a person in the days and weeks following an accident. In some cases, they can result in ongoing health issues or permanent disabilities. Workers who are injured in fall accidents will need to understand the types of workers’ compensation benefits they can receive to address the effects of their injuries.

Common Slip and Fall Injuries

There are many reasons why slip and fall accidents may occur, including wet floors, damaged sidewalks, potholes in parking lots, or tripping hazards such as torn carpets or extension cords in an office or other locations. A person who slips and falls may experience injuries such as:

  • Broken bones - The impact of a fall may lead to fractures in different parts of the body. Bones in the arms or wrists may be broken when a person braces themselves against a fall. Fractures may also occur in the hips, ankles, or ribs. While a person may not require extensive treatment for relatively mild fractures, more serious cases may involve shattered bones or damage to the surrounding tissues, and surgery may be required to repair the damage. While a broken bone is healing, a person’s ability to complete work-related tasks may be significantly impaired.

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b2ap3_thumbnail_shutterstock_744694156.jpgThere are many reasons why work injuries occur. While some injuries may be the fault of an employee who did not follow the correct safety practices, many are caused by the negligence of other parties. In some cases, an employer may fail to provide employees with the proper safety equipment or training, or they may fail to ensure that equipment is properly maintained. Equipment-related injuries may also occur due to design or manufacturing defects. Fortunately for people who are injured by faulty or defective equipment while on the job, workers’ compensation benefits will usually be available to address their medical expenses and any temporary or permanent disabilities. By understanding the types of equipment-related injuries that can occur and the steps they can take following an injury, a person can make sure they will be able to receive the benefits they deserve.

Common Work Injuries Caused by Defective Equipment

Breakdowns can sometimes be prevented by enduring that equipment is properly maintained, but there are some situations where it may be difficult or impossible to predict and prevent equipment failures. Some common types of tools and equipment that may cause injuries include:

  • Ladders and scaffolding - Construction workers will often need to work above the ground, and they need strong, sturdy surfaces when doing so. Old, worn-out ladders may collapse, or they may fall over because they were placed on uneven surfaces without support. Scaffolding may collapse because of faulty components or because it was not assembled properly. These issues can lead to dangerous fall injuries.

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gilroy workers comp lawyerFor those who are injured while on the job, workers’ compensation can provide essential benefits, ensuring that their medical care will be paid for and that they will be compensated for some of the income they have lost. However, there are some situations where workers’ comp claims may be denied. In these cases, injured workers will need to understand their options for filing an appeal, including when their case may be heard by the California Workers’ Compensation Appeals Board (WCAB).

Requests for Reconsideration Before the WCAB

While all work-related injuries should be covered by workers’ compensation, regardless of who was at fault, there are a variety of reasons why a person may be denied benefits. An employer or their insurance company may believe that a person’s injuries were not work-related, or they may claim that certain types of medical treatment are not necessary. Disputes may also arise regarding whether an injury has resulted in a disability, and a worker may be denied temporary or permanent benefits that should address the loss of income they have experienced.

If a workers’ compensation claim is denied, a person will need to go through a specific process as they respond to this denial and request a review of their case. In some cases, a person may be able to resolve disputes by working with their claims administrator, or they may be able to negotiate a settlement with their employer. If a case cannot be resolved through these methods, a trial may be held before a workers’ compensation judge, who will review evidence and testimony and make a decision about whether benefits should be granted.

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gilroy workers comp lawyerA serious injury can cause a great deal of difficulty in a person’s life, but those who are injured while working will often be eligible for workers’ compensation benefits that can ease some of the burden. When an injury is serious enough that it limits a person’s ability to work while they are recovering, temporary disability benefits will provide the person with compensation for some of the income they have lost. However, as the name implies, these benefits will only last for a certain amount of time, and workers who are subject to limitations on the work they can perform following an injury will need to understand how long they can receive benefits.

Understanding the Limits on TTD and TPD Benefits

A person will be eligible for temporary disability benefits if they require overnight hospitalization following an injury or if the doctor who provides treatment following an injury determines that they will be unable to return to work for at least three days. Temporary disability benefits will provide compensation for the income lost due to the inability to work at the level that would allow a person to earn the wages they received before they were injured.

Two different types of temporary disability benefits will be available depending on whether a person will be able to work at all while they are recovering. A person may receive temporary total disability (TTD) benefits if they are completely unable to work, or they may receive temporary partial disability (TPD) benefits if their employer offers them the opportunity to work at a reduced capacity, such as working for fewer hours or in a lower-impact position that pays less than what they previously earned.

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b2ap3_thumbnail_shutterstock_709171012.jpgWhen people think of workplace injuries, they are likely to picture serious accidents that result in significant bodily harm. While the need for workers’ compensation benefits may be evident in these cases, there are a variety of other injuries that workers can experience. Even though working in an office is not considered to be a high-risk occupation, office workers can be injured in multiple ways. These workers may experience repetitive stress injuries that may be caused by several different factors. Fortunately, all employees are eligible to receive workers’ comp for injuries that arose out of the work they have performed. By understanding the different types of repetitive stress injuries that may occur, office workers can make sure they provide the correct information to qualify for benefits.

Types of Repetitive Stress Injuries Affecting Office Workers

Repetitive stress injuries are caused by repeated motions or other factors that put stress on different parts of the body while a person is working. As office workers sit at desks, work on computers, and perform other daily tasks, they may experience injuries such as:

  • Carpal tunnel syndrome - Regular use of the hands and fingers can place pressure on the nerves that run through the wrists. Damage to these nerves may lead to numbness, tingling, pain, or loss of control in the fingers and thumbs. Regular typing throughout the day can increase the likelihood of this condition, especially if a person holds their arms and hands in a position that places pressure on the wrists.

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