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Recent Blog Posts
Securing Maximum Benefits After Equipment Accidents at Work
For many California workers, interacting with heavy equipment, machinery, and power tools is an everyday occupational hazard. Construction crews, manufacturing plant employees, agriculture fieldworkers, and workers across industries inevitably operate high-risk equipment as a core job duty.
When an equipment-related accident occurs at a California workplace, catastrophic injuries often follow instantly, ranging from severe lacerations and crushing injuries to amputations and fatalities. Working with a California lawyer is important to help navigate what to do next.
The Risks of Operating Hazardous Machinery
Working with heavy equipment, machinery, and power tools creates significant risks of injury for employees. Common dangers include:
- Lack of proper safety for dangerous moving parts.
Which Pre-existing Conditions Are Easiest to Reaggravate at Work?
Workplace injuries and accidents can have a tremendous impact on an employee’s health and well-being. When a pre-existing condition is aggravated at work, meaning when it is made worse, it can lead to complex and important legal questions regarding workers’ compensation benefits. If you have reaggravated a pre-existing condition while at work and are seeking workers’ compensation, contact a qualified lawyer to get the legal guidance you need and deserve.
Conditions That Are Most Susceptible to Reaggravating
In California, here is a list of pre-existing medical conditions that can be reaggravated at work, including:
What Causes Foot Injuries at California Construction Sites?
Construction sites are known for their inherent risks, and foot injuries are unfortunately common occurrences in California’s construction industry. Understanding the causes of these injuries is crucial for both workers and employers to implement preventive measures and ensure worker safety. But all too often, even when safety measures are in place, foot injuries can still occur. If you are dealing with a work-related foot injury, contact a lawyer in California to begin the process of pursuing workers’ compensation benefits.
Four Causes of Work-Related Foot Injuries
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Falling objects – One of the leading causes of foot injuries at construction sites is the risk of falling objects. Construction sites are often bustling with activity, and tools, equipment, or debris may inadvertently fall from heights, posing a significant hazard to workers’ feet. Employers must enforce strict protocols, including the use of toe protection, and ensure that materials and equipment are properly secured. Regular inspections and hazard assessments can help identify potential risks and prevent accidents.
What Is a Work-Related Repetitive Stress Injury?
Work-related repetitive stress injuries (RSIs) are increasingly common in today’s fast-paced work environment. Repetitive stress injuries are conditions that occur due to repetitive or forceful movements, vibrations, or sustained postures. These injuries can significantly impact a person’s well-being and work productivity. If you are a member of the workforce in California, it is crucial to understand what RSIs are, how they occur, and the legal implications surrounding these injuries. And remember, if you are experiencing a work-related RSI, contact a lawyer to understand your options.
Further Defining Repetitive Stress Injuries
RSIs frequently affect the musculoskeletal system, causing pain, inflammation, and limited mobility. Common types of RSIs include carpal tunnel syndrome, tendonitis, bursitis, and tennis elbow. RSIs can develop gradually over time, and the severity may vary depending on the nature of the work and ergonomic factors.
Injuries Which May Qualify for Temporary Disability Benefits
Temporary disability benefits are a form of workers’ compensation designed to provide financial assistance to individuals who are unable to work due to a temporary injury or illness. In California and other states, these benefits aim to replace a portion of the individual’s lost wages during their recovery period. If you believe you may qualify for temporary disability benefits, contact an experienced lawyer to assist you in pursuing the compensation you may be entitled to.
Fractures and Broken Bones
These are common injuries that can result from various accidents, such as falls, car accidents, or workplace accidents. These injuries can require immobilization, surgeries, and extensive rehab. Individuals who sustain fractures or broken bones that significantly impact their ability to work may be eligible for temporary disability benefits until they recover and can return to their regular work duties.
Denied Workers' Comp in California? Appeal Options and Mistakes to Avoid
If you have had a workers' compensation claim denied in California, you still have options. The process can be confusing, but understanding your rights and avoiding common mistakes will help your appeal succeed.
Overview of the Appeal Process
If your initial workers' comp claim is denied by your employer's insurance company, keep trying. California law provides multiple levels of appeal to fight a denial. First, you can request the insurer reconsider the decision. New evidence can be submitted. Here are the next steps:
Hearings
If reconsideration fails, request a hearing with the Workers’ Compensation Appeals Board (WCAB). A workers' comp judge will review evidence and make a binding decision.
Reconsideration of the WCAB decision: If you disagree with the hearing decision, you can request WCAB reconsider its ruling. This is only granted in limited circumstances.
Equipment Failure and Injuries on the Job in California
When a piece of faulty or poorly maintained equipment ends up malfunctioning or breaking on the job, it can lead to devastating injuries for California employees. However, workers have important legal protections and options for pursuing compensation if an equipment failure led to a preventable workplace accident.
Employer Responsibilities for Safe Equipment
Under California labor laws, employers have a legal duty to provide appropriate safety equipment and properly maintained tools and machines to their workforce. Employers must also regularly inspect equipment for hazards and repair or replace defective items. Failure to fulfill these obligations that directly results in employee injury can lead to employer liability.
Document the Equipment Defect Thoroughly
If a clear equipment failure caused your workplace injury in California, such as a power tool guard breaking or a forklift malfunctioning, it is critical to extensively document the defective state of the equipment. Take detailed photos of the hazardous tool or machine from all angles, write notes describing the failure, and save any manuals if misuse is suspected. Preserving this evidence strengthens a potential injury claim down the road.
What are Supplemental Job Displacement Benefits?
If you suffered a serious and long-term injury while working, you may feel that you are in a very difficult position. Your injury may prevent you from returning to the job you had before the accident, but not prevent you from working at all. There are challenges that come with this situation. Especially if you went through training to enter your particular occupation, the skills you used at work may be the only occupational skills you know. You may struggle to find a job you can do that pays as well as your last job. For example, if you were a construction worker and lost the use of your legs in an accident, you likely cannot continue to perform any sort of manual labor. This may mean that you need a desk job or another occupation that does not require much physical activity. However, you may not have the education or training needed to step into another career. Supplemental job displacement benefits received through Workers’ Compensation can help you obtain the training you need.
What Medical Care Does California Workers' Compensation Cover?
One of the biggest expenses associated with a workplace injury is medical care. It does not help that the cost of healthcare is grossly inflated due to the inner workings of the health insurance market. You may find that a single visit with a specialist, like an orthopedist or physical therapist, can be billed at several hundred dollars or more. If you needed emergency care in the hospital, your ambulance and hospital bills may even be in the tens of thousands. Most people who are injured at work will also need extensive follow-up care even once they are in stable condition and able to go home from the hospital. Others may need home health services or transportation to and from appointments. The good news is that if you were injured while performing work for your employer, it is likely that Workers’ Compensation should be paying these expenses for you. An attorney can help you make sure that you are receiving the benefits you are entitled to.
What Is OSHA and Why Does It Matter?
Everyone who works for a living is at risk of sustaining employment-related harm. The risks associated with employment in the U.S. vary based on the industry in which someone works and the tasks they perform as a function of their job. Office workers may struggle increasingly over time as repetitive motion trauma develops and evolves. Construction workers may fall from heights and utility workers may suffer electrocution. The government agency tasked most directly with helping all workers to avoid these and other kinds of employment-related harm is the Occupational Safety and Health Administration (OSHA).
OSHA’s Mission
The agency describes its purpose as ensuring "safe and healthful working conditions for workers by setting and enforcing standards and by providing training, outreach, education and assistance." When OSHA’s efforts are successful, fewer injuries and illnesses occur under employment-related circumstances.
From our office in Gilroy, CA we serve clients throughout Northern California including but not limited to San Jose, Santa Cruz, Salinas, Monterey, Watsonville, Morgan Hill, San Martin, Hollister, San Felipe, Dunneville, San Juan Batista, River Oaks, Sargent, Cottage Corners, Logan, Rucker, Santa Clara County, and San Benito County.
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