Cramer and Martinez

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7459 Monterey St., Suite A, Gilroy, CA 95020

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For people who are injured while at work, workers’ compensation can provide them with benefits that address the effects of their injuries. To ensure that they will be able to make a full recovery, medical benefits will fully cover all expenses related to the treatment a person receives. If a person will miss work or lose income because of their injuries, they may qualify for temporary disability benefits while they are recovering, or they may receive permanent disability benefits to address an injury that will affect their ability to work and earn income in the future. While these benefits will be available for injuries that are considered to be work-related, some confusion may arise about whether a specific type of injury is covered by workers’ comp.

Understanding Work-Related Injuries

Generally, a person will qualify for workers’ compensation if they suffer an injury that occurred while they were working. Work-related injuries include:

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b2ap3_thumbnail_shutterstock_1167692650.jpg Truck drivers and delivery drivers are an increasingly important part of our economy. The volume of trucks on the road has been increasing in California and is projected to continue to grow. If you drive for a living or driving is part of your job, you know the risks you run every time you get behind the wheel. You can face danger not just from other vehicles on the road but also from the repetitive stresses of driving and from loading or unloading cargo.

Types of Injuries Truck Drivers and Delivery Drivers Suffer

 Traffic-related accidents account for most of the serious work-related injuries and deaths of truck drivers. If you are involved in a traffic accident, your injuries may have a wide range of severity, including:

  • Minor cuts and bruises

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gilroy work injury lawyerWhen a person suffers a work-related injury, they will usually be able to receive workers’ compensation benefits. Employers are required to maintain workers’ compensation insurance, and their policies provide coverage for all employees who are injured in workplace accidents or for other reasons that are related to the work they have performed. Workers’ comp provides multiple types of benefits, including medical benefits that pay for all treatment a person receives following an injury, as well as disability benefits that address their loss of income. In many cases, disability benefits are temporary, and they will allow a person to continue receiving pay while they are recovering from their injuries. However, in cases where injuries will affect a person for the rest of their life, permanent disability benefits may be paid.

When Will a Person Receive Permanent Disability Benefits?

While a person is recovering from a work-related injury, they may receive temporary disability benefits, and these benefits will generally pay two-thirds of the wages that they earned before they were injured. A person can receive temporary disability (TD) until they reach the point of maximum medical improvement (MMI) or their doctor determines that their condition is permanent and stationary (P&S). If the person’s injuries will continue to affect them after reaching this point, their doctor will submit a report to the workers’ compensation claims administrator stating that they have a permanent disability, and the person will be able to begin receiving permanent disability (PD) benefits.

How Are Permanent Disability Benefits Calculated?

After receiving a report of permanent disability, the Disability Evaluation Unit (DEU) will review reports from the doctor or another qualified medical examiner and determine the person’s PD rating, which will be used to calculate the amount of benefits they will receive. A PD rating is determined using multiple complex formulas, and these formulas will take into account the part of the body that was injured, the extent of impairment affecting that body part, how the injury will affect a person’s future earning capacity (FEC), the person’s occupation, and their age. If multiple parts of the body were injured, the ratings for each body part will be combined to determine a total PD rating.

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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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