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Santa Clara County workers' compensation lawyerDoctors, nurses, nurse practitioners, medical assistants, and other healthcare workers spend their days keeping others safe, so it may come as a surprise to learn that healthcare workers report more workplace illnesses and injuries than workers in any other industry. Medical workers often work long hours doing physically demanding jobs like lifting and transferring patients. They also regularly work with and in close proximity to hazardous biological materials and dangerous chemicals.

Healthcare workers who are injured in the course of performing their jobs are typically entitled to workers’ compensation benefits. Under workers’ compensation law, injured employees can receive financial compensation for their medical expenses and part of their lost income. If you or a loved one in the healthcare field suffered a workplace injury or illness, a workers’ compensation lawyer can help you understand your rights and options.

Work Injury Claims Involving Medical and Healthcare Professionals

According to the Occupational Safety & Health Administration (OSHA), healthcare and social assistance workers are injured more frequently than workers in other sectors. Unfortunately, the rate at which healthcare workers are injured is rising. OSHA reports that there was a 40 percent increase in healthcare work-related injuries and illnesses in 2020—a statistic that is perhaps unsurprising given the immense pressure put on the healthcare industry during the COVID-19 pandemic.

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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.

Common worksites with the highest levels of noise include factories and manufacturing facilities, construction sites, airports, and military installations. Specific jobs that put employees at risk of hearing loss include but are not limited to:

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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.

An employer may try to pressure an employee into quitting by refusing to modify the employee’s duties to accommodate their injuries, or the company may fail to pay any temporary workers’ compensation benefits. The employer may even reassign the employee to a less desirable position or require the employee to reapply for a position. These actions aimed at forcing the employee to resign instead of being discharged could be just as unlawful as retaliatory discharge. If the California Labor Commission analyzes the employer’s conduct and decides that the behavior was particularly aimed at making the employee’s situation so bad that the employee would quit or fail to file for workers’ compensation benefits, the Commission could seek punitive damages from the employer.

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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.

To receive benefits, you will need to show that your injury occurred while performing work-related tasks. For example, a severe burn or knife cut that you sustained on the job would very clearly be work-related, while tripping and falling on your way into work might not be considered as such. It is important to keep detailed records of your injuries as well as any incident reports that were filed following the accident. You should also collect any witness statements or medical documents related to your injury.

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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.

Workers’ compensation benefits include:

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