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Ricardo Reyes
Delivery Courier, Plaintiff
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Whether a workers’ comp settlement covers future medical care in California depends on the type of settlement. A stipulation and request for award generally includes continued medical care. A compromise and release do not. Before you accept a settlement, be sure you understand the terms.
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Whether a workers’ compensation settlement covers future medical care in California depends on the type of settlement. A stipulation and request for award generally includes continued medical care. A compromise and release do not. Before you accept a settlement, be sure you understand the terms.
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Have you been hurt at work? Are you wondering how to get a workers comp settlement? Are you worried about trial? When you work with our dedicated team of workers comp attorneys, there’s no need to worry. Settlement isn’t the only possible way that a workers compensation case can end. We can always go to trial!
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Let us put our experience to work helping you reach the best possible outcome for your workers compensation case. We make sure to get you the most fair compensation with the payment you deserve. Call or send us a message today to talk about your case. We’re here to help you move forward, and get closure.
Why Start My Work Injury Claim
Hiring an experienced workers’ compensation attorney is the best thing you can do for your worker’s compensation case. Insurance companies are unscrupulous, and many will try to deny your claims. Do not allow this to happen and make sure that you contact our office to schedule a free consultation during which we can discuss the facts of your case.
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Have you been hurt at work? Are you wondering how to get a workers comp settlement?
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“The team at Work Injury Lawyers California are so thorough with the legal help they have provided! They helped us achieve the justice we need. We have only experienced good turn around times and results on this case.”
Andreas Casey
Office Manager, Plaintiff
Lead Work Injury Attorney
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We work with many types of work injuries in California
Most jobs have at least some repetitive tasks. You probably do them over and over again without thinking about it. Then, slowly, over time, something feels off. Then you wonder: What happens when repetitive motion causes injury?
Although a repetitive motion injury develops over time, it can be serious. The victim may not be able to work. They may need medical care.
If you have suffered a repetitive motion injury because of work, you may wonder if your case qualifies for workers compensation. In many cases, the answer is yes.
A catastrophic work injury is one that results in severe and long-lasting damage, often leaving the victim unable to work or perform daily activities. These injuries typically go beyond minor injuries and require significant medical treatment, prolonged recovery periods, or lead to permanent disability. Examples include serious burns, traumatic brain injuries, spinal cord injuries, amputations, multiple bone fractures, or severe diseases caused by workplace exposure to harmful substances.
Such injuries can profoundly disrupt the victim’s life, both professionally and personally. They often necessitate lifestyle modifications, long-term care, or assistance with daily tasks, which can be emotionally, physically, and financially draining.
Workers’ compensation systems generally recognize these injuries as being different from non-catastrophic ones, often providing additional benefits or compensations due to their severity. However, what qualifies as a catastrophic injury may vary depending on jurisdiction and specific workers’ compensation laws.
Determining whether an injury is catastrophic can be complex, often requiring extensive medical evidence, expert opinions, and thorough legal analysis. If you or someone you know has suffered a severe workplace injury, it is crucial to consult with an experienced workers’ compensation attorney who can guide you through the process and help secure the benefits you are entitled to.
Overexertion injuries are common workplace injuries, typically resulting from physical activities that are too strenuous for the body to handle. Such activities may involve lifting, pulling, pushing, or carrying heavy objects without proper training or equipment.
Overexertion can strain the musculoskeletal system, leading to injuries such as sprains, strains, or herniated discs. Over time, repetitive overexertion can also cause chronic problems, leading to conditions like lower back pain, repetitive strain injuries, or cumulative trauma disorders. In some cases, a single incident of overexertion can lead to acute injuries, such as torn muscles or ligaments.
These injuries are particularly prevalent in industries involving manual labor, but can also occur in office environments, for example, when lifting heavy boxes of supplies. Prevention strategies can include proper training in lifting techniques, the use of assistive devices for lifting, and encouraging regular breaks to avoid fatigue.
These are often the result of physical labor, such as lifting, pulling, or carrying heavy objects. Overexertion can lead to musculoskeletal injuries like strains, sprains, or herniated discs.
Machine entanglement injuries occur in workplaces where heavy machinery is used, such as factories, construction sites, and agricultural settings. These injuries happen when a worker’s clothing, hair, or body parts become entangled in the operating parts of a machine. The consequences can be severe, leading to crushed limbs, lacerations, burns, amputations, or in the worst cases, fatalities.
Factors contributing to machine entanglement injuries can include inadequate training, failure to use protective equipment, lack of machine guards, or poorly maintained equipment. It’s essential for workplaces to implement safety protocols to mitigate these risks.
This includes ensuring all machinery is equipped with appropriate safety guards, providing proper training to employees on the operation and potential risks of the machinery, and promoting the use of personal protective equipment. Regular inspections and maintenance of machinery can also help prevent malfunction that may lead to such injuries.
Workplace violence injuries refer to harm caused by acts of violence within the workplace, which can range from verbal abuse and threats to physical assaults and even homicide. These incidents can result in both physical and psychological injuries, with consequences extending beyond the immediate physical harm to include trauma, stress, and decreased productivity.
Workplace violence can occur in any industry, but is more common in sectors like healthcare, public service, and retail, where employees interact directly with the public. Contributing factors can include high-stress environments, inadequate security, and lack of policies addressing workplace violence.
To mitigate the risk of such injuries, organizations can implement measures like security protocols, violence prevention programs, and employee training on conflict resolution. It’s crucial to foster a safe, respectful work environment, and encourage employees to report any incidents of violence or threats so that they can be addressed promptly and appropriately.
Exposure to harmful substances or environments in the workplace can result in a wide range of injuries and health conditions. Workers in industries such as manufacturing, construction, agriculture, and healthcare are often exposed to chemicals, dust, radiation, loud noise, or extreme temperatures. This exposure can lead to acute injuries such as chemical burns, radiation sickness, or hearing loss. Long-term exposure can result in chronic conditions like respiratory illnesses, skin diseases, cancer, and permanent hearing damage. For example, asbestos exposure can lead to mesothelioma, a type of lung cancer. Similarly, consistent exposure to loud noise can cause noise-induced hearing loss. Mitigating these risks requires the implementation of safety protocols, including proper ventilation, use of personal protective equipment, regular health screenings, and training on handling hazardous materials. Legislation and regulations also play a crucial role in limiting exposure to harmful substances and ensuring safe working conditions.
Work-related vehicle injuries occur when employees who drive as part of their job duties are involved in vehicle accidents. These injuries can range from minor to severe and can include whiplash, broken bones, traumatic brain injuries, or even fatalities. Occupations at risk include truck drivers, delivery drivers, law enforcement officers, and sales representatives, among others. Causes of such accidents can vary, encompassing driver fatigue, distraction, impaired driving, speeding, or adverse weather conditions. Employers can help mitigate these risks by implementing and enforcing safety policies, providing driver safety training, ensuring vehicles are properly maintained, and scheduling work to allow for adequate rest. Technologies such as GPS tracking and dash cameras can also be used to monitor driving behaviors and identify areas for improvement. Moreover, all employees should be encouraged to adhere to traffic laws, wear seat belts, and avoid distractions while driving to ensure their safety on the road.
Repetitive Strain Injuries (RSIs) are a group of conditions that occur as a result of continuous, repetitive movements, often associated with certain work activities. They are common in jobs requiring repeated use of a particular set of muscles, such as typing, assembly line work, or manual labor.
RSIs affect the body’s musculoskeletal and nervous systems, often manifesting in the form of pain, numbness, and impaired function in the affected areas.
Examples of RSIs include carpal tunnel syndrome, tendinitis, and bursitis. Carpal tunnel syndrome, for instance, is a common RSI affecting people who frequently use a computer keyboard, causing pain and numbness in the hand and arm. RSIs can be mitigated or prevented through ergonomic improvements to workstations, regular breaks to rest the affected muscles, and exercises to strengthen the muscles and increase flexibility. If left untreated, RSIs can lead to long-term disability and chronic pain.
Have more questions about your work injury?
To get workers compensation from a repetitive motion injury, you must make a report and file a claim. If you are still working, notify your employer in writing as soon as possible. Your employer should give you a claim form. Complete the employee section of the form and give it to your employer.
Most workers compensation cases end with a settlement. About 5% go to trial. If a case goes to trial, a judge decides the payment. Usually, the parties can negotiate a settlement.
If your workers comp case doesn’t settle, it goes to a trial before the Workers Compensation Appeals Board. A judge conducts a hearing where the parties may call witnesses and make arguments. Between 30 days and six months after the hearing, the judge issues a ruling.
The two types of workers comp settlements in California are Stipulation and Request for Award and Compromise and Release
Whether a workers’ comp settlement covers future medical care in California depends on the type of settlement that occurs. A stipulation and request for award generally includes continued medical care. A compromise and release do not. Before you accept a settlement, be sure you understand the terms.
Every workers’ comp case in California has a mandatory settlement conference and exchange of witnesses before trial. In addition, discovery and stipulation of uncontested facts can help the parties work towards a settlement.
Report the workplace injury to your work supervisor and submit a DW-1 form as soon as possible. The employer will file for your workers’ compensation claim. You should speak to a workers’ compensation attorney after your workplace injury.
Financial compensation for lost income is one of the main benefits of workers’ compensation. You may also be covered for your inability to work, lost wages and pain. Injured workers also receive paid medical care and paid medical expenses.
Call your supervisor after you receive medical attention and explain to him or her how the injury occurred. You should explain to them the circumstances that gave rise to the workplace injury as well as who was present and the end result of the injury. Also ask that your superiors file for your workers’ compensation claim.
To get a fair workers’ compensation payment, report the injury as soon as it happens. Follow instructions for medical care. Review your paperwork to ensure that your average weekly earnings are right. If you disagree with your disability rating or restrictions, you may challenge the decision through appeals and hearings.
Getting fair payment from workers’ compensation can be a difficult question. You must evaluate all the types of compensation available as well as the determination of your disability rating and ability to work. A lawyer for workers comp claims can review your case to determine if you’re being treated fairly.
If you disagree with your workers’ comp award, you have the right to a hearing in front of an Administrative Law Judge. They are a neutral third party who listens to the facts and decides what you should be paid.
To win a workers comp hearing, you need the medical information and financial details that the judge needs to hear. If you disagree with the insurance company doctor, you need to have your own doctor. The preparation for a hearing begins long in advance of your actual hearing date. Work with your lawyer for workers comp claims to evaluate what proof you need to win your case.
Compensation consequences in workers’ compensation are ways that you get hurt because of your original injury. For example, if you hurt another part of your body because you’re favoring or compensating for the injury, that’s also a work-related injury. Even getting in a car accident on the way to medical treatment can be covered if the original injury is work-related.
Yes, you may bring a workers’ compensation claim and a civil lawsuit. However, there may be some ways that the two types of cases overlap. It’s important to understand how they work together to know the best way to proceed.
If your employer retaliates against you because you file for workers’ compensation, you may hold them accountable. It is against the law for an employer to retaliate because a worker lawfully exercises their rights.
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Melissa Dean
Manufacturing Employee, Plaintiff
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