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Recent Blog Posts

Work-Related Hearing Loss and Workers' Compensation in California 

 Posted on January 12,2023 in Workers' Compensation

Santa Clara County workers' compensation lawyerIf you work in a noisy environment, you may be exposed to loud sounds, vibrations, or chemicals that can all contribute to hearing loss. In some occupations, the risk of hearing loss is particularly high. For example, construction workers and factory workers are often exposed to loud noise while they are on the job. If you suffer from hearing loss caused by your job, you may be entitled to workers’ compensation benefits. Read on to find out more about hearing loss and workers’ compensation for those who live and work in California.

What Occupations Put Employees at Risk for Hearing Loss?

The Occupational Safety and Health Administration (OSHA) has set standards for workplace noise exposure that employers must adhere to. These standards are intended to help prevent hearing loss for employees, protect employees’ remaining hearing, and provide hearing protection equipment for those who work in loud environments.

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Can I Be Fired for Filing a Workers’ Compensation Claim?

 Posted on January 05,2023 in Workers' Compensation

Santa Clara County, CA workers' compensation lawyerIn workers’ compensation cases, there are too many employers who sometimes decide to discourage employees from filing for the benefits afforded to them under the California workers’ compensation program. Demoting employees or threatening to fire those who file a claim for benefits are some of the tactics these unscrupulous employers may use. An injured employee who finds themselves in this situation should know that there may be legal assistance available to ensure he receives both the workers’ compensation benefits as well as additional compensation for the employer’s actions.

Understanding Retaliation

Firing an employee because he filed for workers’ compensation is called “retaliation.” Under California law, retaliation is unlawful, and California courts have recognized an employee’s right to seek compensation for an employer’s retaliation. This right is in addition to any other fines that may be levied against the employer by governmental agencies for the same conduct. The rights are provided to employees because retaliatory discharge is considered to be against public policy.

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Protecting Your Rights as an Injured Kitchen Employee  

 Posted on December 27,2022 in Workers' Compensation

Gilroy, CA workers' compensation lawyerWorking in a kitchen is one of the most physically demanding occupations, and kitchen work can be extremely dangerous. From sharp knives to hot grease and steam, kitchen employees face numerous potential workplace dangers. What can you do if you have been injured while working in a kitchen? An experienced California workers’ compensation lawyer can help you understand your rights as an injured worker and how to file a workers’ compensation claim.

Understanding Workers’ Compensation

If you have been injured while working in a kitchen—whether you work in a restaurant kitchen, an institutional or commercial kitchen, or any other type of kitchen—you may be entitled to workers compensation benefits. Workers’ compensation benefits in California are intended to provide financial assistance for medical bills, lost wages, and other expenses related to your injury.

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What Types of Benefits Does California Workers Compensation Provide?

 Posted on December 20,2022 in Workers' Compensation

Santa Clara County, CA workers' compensation lawyerNo matter the job, no matter the field, California workers’ compensation exists to provide assistance to those who are injured at work. Nearly all employers in the state of California are required to carry workers' compensation insurance, with minor exceptions. If you are hurt on the job, your employer is supposed to report your injury to the Division of Workers’ Compensation (DWC) so your benefits can begin. However, insurers and employers often attempt to deny workers’ compensation claims, even if they have merit. A workers’ compensation lawyer can help you claim your benefits if your employer does not want to cooperate.

Benefits Provided by Workers’ Compensation

To better ensure that you receive benefits in a timely manner, you must report your injury to your employer within 30 days of the accident or at the earliest time possible. The types of benefits you receive will depend on the extent of your injuries.

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What You Should Know About Returning to Work After a Workplace Accident

 Posted on December 13,2022 in Workers' Compensation

Hollister, CA workers' compensation lawyerDespite the availability of workers’ compensation benefits for those injured on the job, for many injured workers, one of the most pressing concerns is returning to work as soon as possible. Whether this is due to a strong work ethic or a realization that in some cases workers’ compensation benefits may not be enough to fully compensate an employee who is unable to perform his or her job duties, some injured workers’ desire to get back on the jobsite is so strong that they may end up doing more harm than good – both to their workers’ compensation case and to their health.

Your Doctor’s Orders Should Prevail 

In deciding whether to return to work, you should always pay attention to the recommendations of your treating physician. This doctor will be the person in the best position to recommend returning to work or remaining off of work for a few more days. If you believe you are ready to return to work, your doctor may be able to allow you to return to work—provided that you adhere to some limitations or restrictions (in some cases). Returning to work without your doctor’s permission can not only jeopardize your health and safety (and that of your coworkers), but it can also cause difficulties for your workers’ compensation claim and benefits.

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Surprising Ways a Work-Related Back Injury Can Affect Your Life

 Posted on December 06,2022 in Workers' Compensation

Gilroy, CA workers' compensation lawyerAnyone who has ever suffered a back injury knows just how painful these injuries can be. When a work-related incident leads to a back injury, the worker can be left with limited capabilities. Some back injury sufferers are unable to work at all. Back pain is the leading cause of disability across the globe.

Auto accidents, strenuous activities, and repetitive stress are just some of the ways workers can suffer neck and back injuries while on the job. The results of a serious back injury can affect an individual’s life professionally, financially, physically, and psychologically.  

Workplace Accidents and Repetitive Strain Can Lead to Back Injuries

Sometimes, a spine injury is the result of a sudden accident like falling or being involved in a car crash. Other spine injuries are the result of repetitive stress. Sitting in an ill-fitting office chair, standing all day, or carrying heavy objects can lead to repetitive stress back injuries. A serious back injury or neck injury can affect nearly every aspect of a person’s life.

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Help! I Think My Workers Compensation Insurer is Spying on Me!

 Posted on November 28,2022 in Workers' Compensation

Santa Clara County workers' compensation lawyerAn employee who suffers a work-related injury or illnesses is likely to be entitled to financial compensation through their employer's workers' compensation insurer. The injured person may be eligible for benefits to cover medical expenses such as hospital care and medication, as well as part of their lost income and other considerations.

Unfortunately, recovering compensation through workers' compensation is not always straightforward. Many different issues may complicate the process. Employers and workers’ compensation insurance companies may attempt to reduce or eliminate the employee's workers' compensation benefits. Sometimes, insurance companies even conduct surveillance on injured employees, ostensibly hoping to prove that the employee is not as injured as they claim to be.

Workers' Compensation Surveillance Tactics

Insurance companies seek to minimize payouts to injured employees whenever possible. One way insurance companies may try to get out of paying workers' compensation benefits is to challenge the validity or extent of the employee's injuries. The insurer may conduct surveillance of the injured person in an effort to "catch" the employee acting in ways that suggest their injuries are fabricated or exaggerated.

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How Can I Protect My Right to Compensation After Being Injured on the Job?

 Posted on November 16,2022 in Workers' Compensation

Gilroy, CA workers' compensation lawyerIn an average year, some two-and-a-half million American workers suffer a work-related injury or illness. Many are fortunate to sustain relatively minor injuries and can go back to work quickly. Others, however, suffer much more serious injuries, including spine and head injuries, which cause them to miss work for long periods of time. In the most severe cases, the injuries can be catastrophic, leading to permanent disability or even death. Regardless of the severity of the injury, all injured workers need to know how to ensure their rights are protected as they seek compensation for their injuries—especially if they are seeking benefits under the California workers’ compensation system.

Report Your Injury Quickly

When you suffer an injury at work, you should report the injury to your employer right away or as soon as reasonably possible. You must report your injury within 30 days, or you risk losing your eligibility for work compensation benefits. Your injury must be reported so that your employer can conduct a proper investigation into the circumstances. Do not risk losing your benefits. Report your injury to your employer immediately.

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Workers’ Compensation Benefits and PTSD

 Posted on November 10,2022 in Workers Compensation

Santa Clara County workers' compensation lawyerIn today’s world, we are more aware of mental health concerns than perhaps ever before. As a result, we have learned a great deal about a variety of conditions that were previously considered to be “no big deal,” but that can be downright debilitating in many situations. A good example of this can be found with post-traumatic stress syndrome, commonly abbreviated as PTSD. What was once thought of as “battle fatigue” or “shell shock” and associated mainly with military members who saw combat is now known to be a danger for nearly anyone who has gone through or witnessed an especially scary, dangerous, or shocking experience.

Post-traumatic stress syndrome can become a major concern for those who have been in car crashes, those who were assaulted or raped, and even those who suffered or witnessed a tragic event on the job. If you or a loved one has been diagnosed with PTSD due to an incident that occurred at work, workers’ compensation benefits may be available.

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Can I Collect Workers' Compensation Benefits If I Was Injured While Working From Home?

 Posted on November 03,2022 in Workers' Compensation

Gilroy, CA workers' compensation lawyerOver the last few years, more and more employers have embraced the idea of allowing their employees to work from home. What started as a necessity during the COVID-19 crisis and subsequent lockdowns has become a new normal for many companies in California and around the country.

But what happens when an employee who works from home gets injured while on the clock? Is that person still eligible to collect workers' compensation benefits? If it is possible to get benefits, will being a work-from-home employee complicate the case? The answers to these questions, as with most legal concerns, depend on the specifics of the situation.

Working From Home Makes Your Home Your Workplace

The first thing to understand is that, if you are injured while working from home, your home is considered your workplace. That means that the same rules and regulations that apply to traditional workplaces also apply to work-from-home setups.

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