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Recent Blog Posts
Recognizing a Work-Related Repetitive Stress Injury
When people think of workplace injuries that would lead to a workers' compensation claim, they tend to think in terms of distinct accidents that might be fairly dramatic in nature. You might think of construction workers falling from scaffolding or factory workers losing limbs in abrupt machinery accidents. However, a large percentage of workplace injuries are what are called repetitive stress injuries. Repetitive stress injuries do not happen suddenly as a result of a particular accident. Instead, they come on gradually over time. It is not always obvious to an employee when he or she has sustained a repetitive stress injury, and medical evaluation is usually needed. If you have suffered a repetitive stress injury at work, an experienced Gilroy, CA workers’ compensation attorney may be able to help you get the benefits you need to take time off from work and have your injury treated.
The Most Common OSHA Violations
As anyone who works in a high-risk occupation will be quick to tell you, safety rules are written in blood. OSHA regulations exist to prevent people from getting hurt at work. New regulations are often developed in response to actual accidents that have befallen workers in the past. Employers have a duty to take workplace safety seriously and comply with all applicable safety rules and regulations, including laws and industry standards. When an employer habitually allows safety rules to be broken, it is only a matter of time before someone gets hurt. If you were injured because your employer failed to enforce safety rules, you may be eligible for workers’ compensation. You should reach out to an experienced Gilroy, CA workers’ compensation attorney as soon as possible after experiencing a workplace injury.
Commonly Violated Workplace Safety Rules
A few of the most commonly cited OSHA standards in 2023 include:
Injuries During Office Building Evacuations
Office work is generally one of the safer careers. There is no heavy machinery to get caught in. There are no hazardous materials that could detonate or harm people if not handled carefully. Desk workers almost never have a reason to climb a ladder, handle power tools, or stand in the roadway. However, office workers are not immune from all workplace hazards. One common risky situation office workers may encounter is a building evacuation. Office buildings may be evacuated for any number of reasons, from a fire drill to a potential gas leak. Evacuating an office building, especially during an actual emergency situation, can come with risks. If you were injured during a workplace evacuation, you may be entitled to workers’ compensation. An experienced Hollister, CA workers’ compensation attorney can help you file a claim.
What if My Job Aggravates a Pre-Existing Condition?
A lot of workers, especially in industries that are physically demanding, have pre-existing injuries or health conditions that could be exacerbated by their current jobs. The pre-existing condition might be related to your career. For example, if you have always done factory work, you may have developed some hearing loss throughout your career. This hearing loss is likely to get worse when you continue working around heavy machinery. Or, you might have a condition that is completely unrelated to your job, like an old sports injury. If a health condition you had before you started your current job has been made worse by the work you do, you may be able to claim workers’ compensation benefits. These benefits may be especially important if your condition ever worsens to the point where you cannot work anymore. An experienced Gilroy, CA workers’ compensation attorney should help with your claim.
Are Holiday Decorations a Workplace Hazard?
Holiday decorations can create a cozy feeling that makes you feel safer in your workplace. However, failing to follow safe decorating guidelines can make some workplaces more dangerous. While having the workplace decorated might be good for morale, it may increase the chances of someone getting hurt at work. Generally, decorations should not be placed on factory floors, near heavy machinery, or anywhere they might get in the way of workers doing their jobs. If you are injured in a workplace accident, such as a fire or trip-and-fall, you might be entitled to compensation. An experienced Gilroy, CA workers’ compensation attorney can help you take legal action after a workplace injury.
Holiday Decorations May Be a Fire Hazard in Workplaces
Every year, people experience fires caused by holiday lights. String lights can wear out after years of use and may become damaged, which can lead to spontaneous electrical fires. Decorations that light up should be kept away from any highly flammable materials or combustible goods that are stored in the workplace.
How Long Do I Have to Report a Work Injury to My Employer?
Under California law, you must report a workplace injury to your employer within 30 days to be eligible for workers’ compensation benefits. Reporting the injury to your employer is an important part of the California workers’ compensation process. This time limit exists for a number of reasons. First, it gives both parties a reasonable chance to gather the evidence they need. If an employee waits more than 30 days to tell his or her employer about the injury, odds are, the employer no longer has access to important evidence like security camera footage, which may have been erased by then. It may also help facilitate the employee’s claim, as the employer can start working with workers’ compensation promptly if the employer plans to cooperate. It is important to contact an experienced Morgan Hill, CA workers’ compensation attorney as soon as possible after a workplace injury.
Compensation for a Work-Related Car Accident
If part of your job duties include driving around, there is always a risk that you could be involved in a traffic accident. Although Santa Clara County rarely sees snow, the chances of getting into a car accident can still go up during the winter months due to cold rains and the effects of cold air on tire pressure. If you are hurt while driving for work-related purposes other than getting to and from your job, you may be able to receive help from workers’ compensation. Since going through workers’ compensation for car accident claims can be complicated, you should always be represented by an experienced Gilroy, CA workers’ compensation lawyer.
When is a Car Accident Covered by Workers’ Compensation?
Workers’ compensation will only cover accidents that occur while you are working, not accidents that happen before or after work or while you are on a break. If you get into an accident while you are driving to work at the start of your shift, home after work, or on a personal errand during your lunch break, you would likely need to go through auto insurance. However, if you are performing a work-related task when the accident happens, you may be covered by workers’ compensation.
Lies Your Employer Might Tell You About Workers' Compensation
When it comes to your right to receive workers’ compensation, the only person you should trust is your own attorney. Employers often try to discourage injured workers from filing for compensation, or may even threaten retaliation. Some employers are scared that they will get in trouble for failing to follow required safety protocol in the first place. Supervisors may be worried about getting fired or in trouble at work for putting you in a dangerous position. Others are worried about how your claim might impact their bottom line. There is always a chance that your employer will tell you things about workers’ compensation that are not true to prevent you from filing a claim. Your San Benito County, CA workers’ compensation lawyer can make sure you have accurate information.
Lie Number One: We Need a Recorded Statement Immediately
Asking a worker to give a recorded statement immediately after the accident, before he or she has had a chance to speak with a lawyer, is not for the worker’s benefit and it is not required. You may be in shock and unable to answer probing questions well. You can refuse to speak to a workers’ compensation representative until you can have your own lawyer there.
Help for Nurses and CNAs Assaulted at Work
No one should be getting physically attacked at work. Unfortunately, a very large percentage of nurses and nurses’ aids will experience workplace violence. According to the U.S. Bureau of Labor Statistics, nurses are about five times more likely to be assaulted while working than the average worker. The World Health Organization suggests that up to 38 percent of nurses will be assaulted at some point during their careers, generally by a patient or a patient’s family member. These attacks can cause serious physical injuries or psychological trauma that renders you unable to work for some time. Healthcare workers who are assaulted at work may be eligible for workers’ compensation. An experienced San Benito County, CA workers’ compensation attorney can fight for you.
Why Workplace Violence is a Major Cause of Work Injuries for Healthcare Workers
Nurses are expected to deal with people at their worst. Especially in the emergency room, a lot of patients are in crisis - they are in extreme pain, having a psychotic break, or are receiving life-altering news. Patient’s family members who are unsure whether their loved one is going to survive are often experiencing an emotional crisis. These people are more inclined to act out violently than the average customer at a grocery store or florist. The emotionality of the situation does not excuse violence against healthcare workers, but it does explain why nurses are at higher risk of being assaulted.
Workers’ Compensation for PTSD and Psychological Injuries
You do not have to be physically injured at work to be suffering from a work-induced psychological disability. If you are suffering from Post-Traumatic Stress Disorder, struggling with acute post-traumatic stress, or have begun to experience other psychological problems like depression or anxiety as a direct result of something that has happened at work, you might be able to file a workers’ compensation claim. Issues like PTSD or depression can be the result of a single, serious incident or can build up over time, like many other occupational illnesses. If you have had to take time away from work due to PTSD or other psychological issues, you should talk to an experienced Santa Clara County, CA workers’ compensation lawyer.
Mental Health After a Serious Injury
Many workplace accidents are traumatic. The psychological ramifications of a workplace accident can persist long after your physical injuries have healed. If you were physically hurt at work, you may have a very strong case for getting workers’ compensation for your psychological injuries as well. If you find that your thoughts and memories of the accident are causing you such significant distress that you are not able to work even after physically healing, you may qualify for long-term disability.
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