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Recent Blog Posts

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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Common Types of Occupational Hazards in Healthcare

 Posted on December 29,2023 in Workers' Compensation

San Benito County workers' compensation lawyerHealthcare personnel work tirelessly caring for the public's health, often putting themselves at risk. Knowing that you have rights when you experience occupational hazards is beneficial. A California workers' compensation lawyer can help determine if you have a potential case.

Exposure to Infectious Diseases

Working closely with sick patients makes healthcare employees more vulnerable to infectious illnesses from airborne or fluid and blood-borne pathogens via respiration, needle sticks, mucous contact, etc. Personnel can develop severe infectious diseases on the job without proper administrative controls, personal protective equipment, or immunization.

Musculoskeletal Injuries

Healthcare settings commonly lead to sprains, strains, and tears involving the muscles, tendons, joints, and spinal discs. The main culprits include repetitive motion from administrative computer work, heavy lifting and repositioning of patients, frequent bending, twisting, long periods of standing, and rushing. Back pain and injury are some of the most common types of injuries associated with healthcare jobs.

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Do You Have a Case If Your Asthma Got Worse at Work?

 Posted on December 21,2023 in Workers' Compensation

Gilroy workers' compensation lawyerIf you experience asthma attacks or worsening symptoms while performing job duties, hazardous workplace exposures likely cause respiratory impairment. Under California law, employees may file workers’ compensation claims if employment environments provoke or exacerbate asthma. Successfully holding employers accountable involves documenting evidence. This can be a complex case as it can be tricky to prove. A California workers’ compensation lawyer can help you put together a solid case if you have the evidence.

Identify Triggers At Your Work Site

Track specific asthma irritants around your workstation, facilities, or off-site meetings. Common triggers include chemical fumes, dust, gases, dangerous air particulates, extreme temperatures, high humidity, and strong scents. Also, note any direct correlation, observing that symptoms flare up on-site but improve away from work. Vivid trigger confirmation builds persuasive cases. You can check with co-workers and see if anyone else exhibits the same symptoms or similar.

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Experiencing Discrimination at Work? Take These Steps

 Posted on December 14,2023 in Workers' Compensation

Santa Clara workers' compensation lawyerWorkplace discrimination remains an ever-present reality for employees in California and nationwide. State and federal laws protect against biased treatment based on race, gender, age, disability, religion, and other factors. Yet many employers ignore legal safeguards, undermining equal opportunities and fundamental rights. If you face discriminatory actions at work, knowing you have rights is important. You deserve to fight back against injustice. You do not have to do this alone; a California lawyer can help you.

Recognize Discrimination

The first step entails identifying discriminatory behavior when it occurs. Pay attention to any hiring decisions, promotions, assignments, firings, pay rates, harassment, accommodations, or other terms and conditions affected by your membership in a protected class. While isolated incidents might stem from misunderstandings, pervasive patterns almost certainly show illegal prejudice. Track each occurrence alongside witnesses and evidence. Documentation creates indispensable proof of discrimination necessary for legal action.

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What to Do If You Experience a Back Injury at Work

 Posted on December 06,2023 in Denied Claims and Appeals

Gilroy, CA Workers' Compensation Lawyer

Getting injured on the job can be scary and confusing. If you have hurt your back at work in California, it is essential to respond correctly to get the workers’ compensation benefits you deserve. A California lawyer can help you through each step.

Report Your Injury Properly

The first thing you will need to do is report your back injury to your employer. Make sure you follow all proper procedures and notify your supervisor right away. There are usually strict reporting deadlines for work injuries, so do not delay this. Ensure your injury is well-documented with details on what happened, when, where, how it occurred, who witnessed it, and any other pertinent facts about how you were hurt doing your job.

Get Checked Out by a Doctor

If you have not seen a doctor yet, this is one of the most critical steps. Your physician will be able to examine you and your injuries closely. Make sure not to try and downplay your pain. Let them know precisely how you are feeling. Getting medical records of your diagnosis, treatment plan, and injury severity is crucial evidence to support your workers’ compensation claim later. The doctor will assess your condition, recommend treatment options, and determine if you should limit your work duties during recovery or go on leave. Make sure to follow up regularly with your physician for your own health, along with having the documentation.

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