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How Does Permanent Disability Work in California?
Whether you are a construction worker, a teacher, a doctor, a factory worker, or anything else, you can get injured while at work and make a workers’ compensation claim. Often, workers are granted temporary disability benefits to cover their injury-related medical expenses and loss of income in the immediate period following the incident. Unfortunately, some injuries result in permanent damage, and if that is the case, you can apply for permanent disability (PD) benefits. If you think you are eligible for permanent disability, an experienced Morgan Hill, CA workers’ compensation lawyer can review your case and guide you further.
How Can I Get Approved for Permanent Disability?
When someone is injured at work, they can receive workers’ compensation benefits to cover all the medical expenses related to the injury. Some people also get temporary disability benefits, which compensate you for the income loss resulting from your injury during your recovery. Once your recovery is considered complete, meaning you have recovered as much as the medical authorities deem possible, you might be eligible for permanent disability if there are long-lasting issues you will need to live with.
How Do Independent Medical Reviews Factor in a California Workers’ Comp Case?
When someone is injured at work, they can often get workers’ compensation benefits to help cover the costs of hospital bills, medication, and therapy as well as loss of income resulting from inability to work. Sometimes, an employee’s account of what happened and how he was injured is not enough to prove that he is truly entitled to the benefits. His employer or the employer’s insurance company might try to fight the claims or demand proof of the employee’s claims before they agree to any responsibility. In such cases, an independent medical review (IMR) might be requested. If you are trying to convince your employer or their insurance provider of the severity of injuries you suffered at work, speak with a knowledgeable Morgan Hill, CA workers’ comp attorney about getting an independent medical review.
How Does an Independent Medical Review Work?
If a dispute arises over an employee’s request for medical care, a utilization review (UR) can be ordered. Its purpose is to determine whether someone’s condition truly necessitates the requested care. If a UR results in the employee being denied treatment or offered a modified treatment plan, that same employee can request an independent medical review. He just needs to make sure that the request is submitted within 30 days of receiving the UR determination.
How Do Supplemental Job Displacement Benefits Work in California?
When a worker suffers a serious injury with long-lasting effects while on the job, it can be devastating to try to resume a routine once they are in a stable condition and able to work. Employees can receive workers’ compensation benefits that cover the medical expenses, loss of income, and other costs related to their injury until they are medically approved to go back to work. What happens if you can work, generally speaking, but your injury means you can never resume the job you previously had? What if your previous job was something you had to go through specific training for and you do not have the skills needed for other jobs? If this describes you, a Santa Clara County, CA workers’ compensation attorney can walk you through the process of obtaining supplemental job displacement benefits to receive training for a different job.
What Should I Know about OSHA in California?
The world is certainly an interesting place. On the one hand, with smartphones and so many apps available, we have access to limitless knowledge at our fingertips. With this knowledge comes awareness of potential threats and ways to avoid them, which can help improve lives. On the other hand, all this technology and information has not changed the fact that life can sometimes be risky and you can get injured doing any number of things. For example, you can mind your business and go to work to get your job done but end up getting severely hurt in your workplace. Construction work, office work, and everything in between can pose some sort of potential threat of injury. If you get injured at work, you might be entitled to a workers’ compensation claim. If you have not been injured but are concerned about potential dangers at your workplace, a knowledgeable San Benito County, CA workers’ compensation lawyer can explain how the Occupational Safety and Health Administration (OSHA) works to protect you.
Retaliation in California Workers’ Compensation Cases
Employers in California are not legally permitted to retaliate against any employers who file workers’ compensation claims. In other words, employees cannot be punished for filing a claim if it is valid and filed in good faith. Employees also cannot be discouraged from filing such a claim. However, some employers might try to threaten their employees to discourage them from filing such claims. If you believe your employer is retaliating against you after you filed a worker’s compensation claim, you should speak with an experienced Morgan Hill, CA workers’ compensation lawyer to arm yourself with the information you need to be empowered in your case.
What Constitutes Retaliation?
If an employee comes forward with a workers’ compensation claim and their employer does something to either make them rescind their claim or punish them for submitting it, this might be considered retaliation. Examples of retaliation include:
Radiation Exposure at Work in California: What to Know
Radiation is a form of energy that can move in waves. There are many sources of radiation, some more harmful than others. The sun produces an enormous amount of radiation which in turn provides the Earth with light and heat. Microwaves often use electromagnetic radiation to safely heat food. X-ray technology uses radiation to produce imagery that is essential in diagnosing and monitoring medical conditions. As the Environmental Protection Agency (EPA) likes to say, radiation is a part of our lives.
However, some forms of radiation are harmful and can even cause serious injury or even death. People need to be able to follow safety guidelines to keep themselves safe and healthy in the face of possible radiation exposure. Unfortunately, you may be exposed to harmful radiation at your place of work. Every day, people in various spheres and industries are exposed to radiation. If you believe you have suffered from harmful exposure to radiation at your place of work, a Santa Clara County, CA workers’ compensation attorney can help you understand whether you are entitled to collect benefits as a result.
Can Pre-Exisiting Conditions Affect Workers' Comp Claims?
Workers who have a legitimate workers’ compensation claim often decide not to file it for several reasons. They might worry that their employer will harass them or retaliate. Maybe they think it would be too complicated and involved to try to prove their claims. This can be especially true for people who have pre-existing conditions and worry that they would not be able to prove that those conditions got worse as a result of their work. However, if they do not come forward, their condition can continue to be exacerbated until they simply cannot work anymore. If you are in a similar situation, an experienced Morgan Hill, CA workers’ compensation lawyer can advocate passionately for your rights.
Pre-Existing Conditions and a Workers’ Compensation Claim
When someone fully able-bodied is injured in a work-related accident, this is not particularly difficult to prove, especially when there are eyewitnesses. It can be more difficult to demonstrate how your work aggravated a pre-existing condition. However, there is an important distinction between what is difficult and what is impossible. These claims can still be argued successfully and if so, can have a significant impact on the life of the person who filed the claim.
How Long Do Temporary Disability Benefits Last?
Suffering an injury while at work can be extremely nerve-wracking. You will want to make sure you can get proper medical care and cover all your other costs when you are unable to work as you heal. Often, when someone is injured while on the job, they can be eligible for workers’ compensation benefits. Typically, people who are unable to work during their recovery are also eligible for temporary disability benefits. If you have suffered a work-related injury and want to know how long you can expect your temporary disability benefits to last, an experienced Morgan Hill, CA workers’ compensation attorney can review your case and offer helpful guidance.
What Do Temporary Benefits Cover in California?
Sometimes, work-related injuries make you unable to do your job. If this lasts for at least three days, for example, if you are hospitalized for a few days, then you can receive temporary disability benefits. If you are unable to work, two other types of disability benefits might apply:
Appealing a Neck Injury Claim at Work
You may have the right to appeal if you suffered a neck injury at work and had your workers’ compensation claim denied. The appeals process can seem daunting, but understanding the steps involved can help you effectively argue your case. A California workers’ compensation attorney can also help figure out the potential of your claim.
How Neck Injury Claims Are Evaluated
When you file a neck injury claim in California, the Workers’ Compensation Appeals Board (WCAB) analyzes your claim based on various factors. They determine if the injury occurred within the scope of employment and if enough credible medical evidence supports an injury serious enough to warrant compensation and treatment.
If the WCAB denies your claim due to lack of evidence or because they feel the injury falls outside work duties, you can challenge the decision through an appeal. As you prepare your appeal application, keep these evaluation criteria in mind.
Office Injuries in California Workers' Comp Cases
Working in an office may seem safe, but employees can still suffer injuries on the job. Under California workers’ compensation laws, employees have the right to file a claim if they sustain an injury because of their work. You should be aware of some common types of office injuries that may be eligible for workers’ compensation. If you find yourself in one of these situations, a California workers’ compensation lawyer can help you figure out the process.
Repetitive Strain Injuries
Repetitive tasks like typing, using a mouse, photocopying, filing, and more can lead to painful repetitive strain injuries (RSIs) over time. Common RSIs include carpal tunnel syndrome, tendinitis, trigger finger, and more. The pain, numbness, and loss of function associated with these conditions can interfere with your work. You may file a claim if an RSI was caused or exacerbated by your normal work duties.
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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