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Recent Blog Posts

How Do Supplemental Job Displacement Benefits Work in California?

 Posted on March 14, 2024 in Types of Benefits

CA injury lawyerWhen a worker suffers a serious injury with long-lasting effects while on the job, it can be devastating to try to resume a routine once they are in a stable condition and able to work. Employees can receive workers’ compensation benefits that cover the medical expenses, loss of income, and other costs related to their injury until they are medically approved to go back to work. What happens if you can work, generally speaking, but your injury means you can never resume the job you previously had? What if your previous job was something you had to go through specific training for and you do not have the skills needed for other jobs? If this describes you, a Santa Clara County, CA workers’ compensation attorney can walk you through the process of obtaining supplemental job displacement benefits to receive training for a different job.

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What Should I Know about OSHA in California?

 Posted on March 08, 2024 in Workers' Compensation

CA injury lawyerThe world is certainly an interesting place. On the one hand, with smartphones and so many apps available, we have access to limitless knowledge at our fingertips. With this knowledge comes awareness of potential threats and ways to avoid them, which can help improve lives. On the other hand, all this technology and information has not changed the fact that life can sometimes be risky and you can get injured doing any number of things. For example, you can mind your business and go to work to get your job done but end up getting severely hurt in your workplace. Construction work, office work, and everything in between can pose some sort of potential threat of injury. If you get injured at work, you might be entitled to a workers’ compensation claim. If you have not been injured but are concerned about potential dangers at your workplace, a knowledgeable San Benito County, CA workers’ compensation lawyer can explain how the Occupational Safety and Health Administration (OSHA) works to protect you.

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Retaliation in California Workers’ Compensation Cases

 Posted on February 28, 2024 in Workers' Compensation

CA work injury lawyerEmployers in California are not legally permitted to retaliate against any employers who file workers’ compensation claims. In other words, employees cannot be punished for filing a claim if it is valid and filed in good faith. Employees also cannot be discouraged from filing such a claim. However, some employers might try to threaten their employees to discourage them from filing such claims. If you believe your employer is retaliating against you after you filed a worker’s compensation claim, you should speak with an experienced Morgan Hill, CA workers’ compensation lawyer to arm yourself with the information you need to be empowered in your case.

What Constitutes Retaliation?

If an employee comes forward with a workers’ compensation claim and their employer does something to either make them rescind their claim or punish them for submitting it, this might be considered retaliation. Examples of retaliation include:

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Radiation Exposure at Work in California: What to Know

 Posted on February 21, 2024 in Workers' Compensation

CA injury lawyerRadiation is a form of energy that can move in waves. There are many sources of radiation, some more harmful than others. The sun produces an enormous amount of radiation which in turn provides the Earth with light and heat. Microwaves often use electromagnetic radiation to safely heat food. X-ray technology uses radiation to produce imagery that is essential in diagnosing and monitoring medical conditions. As the Environmental Protection Agency (EPA) likes to say, radiation is a part of our lives.

However, some forms of radiation are harmful and can even cause serious injury or even death. People need to be able to follow safety guidelines to keep themselves safe and healthy in the face of possible radiation exposure. Unfortunately, you may be exposed to harmful radiation at your place of work. Every day, people in various spheres and industries are exposed to radiation. If you believe you have suffered from harmful exposure to radiation at your place of work, a Santa Clara County, CA workers’ compensation attorney can help you understand whether you are entitled to collect benefits as a result.

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Can Pre-Exisiting Conditions Affect Workers' Comp Claims?

 Posted on February 13, 2024 in Workers' Compensation

CA injury lawyerWorkers who have a legitimate workers’ compensation claim often decide not to file it for several reasons. They might worry that their employer will harass them or retaliate. Maybe they think it would be too complicated and involved to try to prove their claims. This can be especially true for people who have pre-existing conditions and worry that they would not be able to prove that those conditions got worse as a result of their work. However, if they do not come forward, their condition can continue to be exacerbated until they simply cannot work anymore. If you are in a similar situation, an experienced Morgan Hill, CA workers’ compensation lawyer can advocate passionately for your rights.

Pre-Existing Conditions and a Workers’ Compensation Claim

When someone fully able-bodied is injured in a work-related accident, this is not particularly difficult to prove, especially when there are eyewitnesses. It can be more difficult to demonstrate how your work aggravated a pre-existing condition. However, there is an important distinction between what is difficult and what is impossible. These claims can still be argued successfully and if so, can have a significant impact on the life of the person who filed the claim.

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How Long Do Temporary Disability Benefits Last?

 Posted on February 07, 2024 in Types of Benefits

CA work injury lawyerSuffering an injury while at work can be extremely nerve-wracking. You will want to make sure you can get proper medical care and cover all your other costs when you are unable to work as you heal. Often, when someone is injured while on the job, they can be eligible for workers’ compensation benefits. Typically, people who are unable to work during their recovery are also eligible for temporary disability benefits. If you have suffered a work-related injury and want to know how long you can expect your temporary disability benefits to last, an experienced Morgan Hill, CA workers’ compensation attorney can review your case and offer helpful guidance.

What Do Temporary Benefits Cover in California?

Sometimes, work-related injuries make you unable to do your job. If this lasts for at least three days, for example, if you are hospitalized for a few days, then you can receive temporary disability benefits. If you are unable to work, two other types of disability benefits might apply:

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Appealing a Neck Injury Claim at Work

 Posted on January 31, 2024 in Denied Claims and Appeals

Morgan Hill workers' compensation lawyerYou may have the right to appeal if you suffered a neck injury at work and had your workers’ compensation claim denied. The appeals process can seem daunting, but understanding the steps involved can help you effectively argue your case. A California workers’ compensation attorney can also help figure out the potential of your claim.

How Neck Injury Claims Are Evaluated

When you file a neck injury claim in California, the Workers’ Compensation Appeals Board (WCAB) analyzes your claim based on various factors. They determine if the injury occurred within the scope of employment and if enough credible medical evidence supports an injury serious enough to warrant compensation and treatment.

If the WCAB denies your claim due to lack of evidence or because they feel the injury falls outside work duties, you can challenge the decision through an appeal. As you prepare your appeal application, keep these evaluation criteria in mind.

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Office Injuries in California Workers' Comp Cases

 Posted on January 24, 2024 in Workers' Compensation

Morgan Hill workers' compensation lawyerWorking in an office may seem safe, but employees can still suffer injuries on the job. Under California workers’ compensation laws, employees have the right to file a claim if they sustain an injury because of their work. You should be aware of some common types of office injuries that may be eligible for workers’ compensation. If you find yourself in one of these situations, a California workers’ compensation lawyer can help you figure out the process.

Repetitive Strain Injuries

Repetitive tasks like typing, using a mouse, photocopying, filing, and more can lead to painful repetitive strain injuries (RSIs) over time. Common RSIs include carpal tunnel syndrome, tendinitis, trigger finger, and more. The pain, numbness, and loss of function associated with these conditions can interfere with your work. You may file a claim if an RSI was caused or exacerbated by your normal work duties.

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What to Know About Workplace Hearing Loss Injuries

 Posted on January 17, 2024 in Workers' Compensation

Santa Clara workers' compensation lawyer Losing your hearing can be a devastating experience that profoundly impacts your quality of life. If you lose your hearing because of loud noise exposure in your workplace, you may have legal options to pursue compensation and hold your employer accountable. A California workers’ compensation lawyer can help you with the steps you can take if you lose your hearing because of workplace noise.

Report the Hearing Loss to Your Employer

The first step is to report your hearing loss to your employer promptly. Inform your supervisor and the human resources department in writing about the hearing difficulties you are experiencing and their possible connection to noise in your workplace. Specify what kind of loud noises you are regularly exposed to and for how long each day. Provide copies of any medical examinations or audiograms conducted by your doctor showing evidence of noise-induced hearing loss. Thorough documentation is crucial in proving your side of the story. Under California law, employers must report workplace injuries or illnesses to the state Department of Industrial Relations within five days. So, your prompt notification will ensure compliance with reporting requirements.

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What to Do About Severe Burn Injuries as a Firefighter

 Posted on January 03, 2024 in Workers' Compensation

San Benito County workers' compensation lawyerAs a firefighter, you put your life on the line daily to protect people and property. However, this brave service comes with serious risks, including sustaining major burn injuries. Severe burns can be excruciating and result in disfigurement, disability, or even death. If you suffer a serious burn as a firefighter, you must take immediate action to mitigate damage and get the help you need. A California workers’ compensation lawyer can help you determine the next step for your specific situation.

Report the Incident

After seeking initial treatment, report the burn incident to your supervisor. Provide details like where and how it occurred, injuries sustained, and medical actions taken. Thorough incident reporting creates a record in case you need to file workers’ compensation or liability claims later. For severe burns that require extended hospitalization or time off work, reporting is a must. Make sure the incident is documented correctly according to department protocols.

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