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Recent Blog Posts

How to Protect Your Rights After a Worksite Injury in CA

 Posted on October 30, 2023 in Workers' Compensation

Hollister workers' compensation lawyerSuffering an injury while working at a job site in California can lead to a long road of medical treatment, rehab, and financial uncertainty. If you are already dealing with the aftermath of a workplace accident, it is crucial to take proactive legal steps immediately to protect your rights to fair workers’ compensation benefits. A California lawyer can help you make sure your rights stay protected.

Notify Your Employer Immediately

Inform your manager, supervisor, or HR representative about the worksite injury right away, as required by company policy. Explain in as much detail as possible exactly what happened, who witnessed it, where it occurred, and what time, and formally request the necessary workers’ compensation claim forms from the employer. 

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How to File a Workers’ Comp Claim After a Workplace Accident

 Posted on October 24, 2023 in Workers' Compensation

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Sustaining an injury or illness on the job can derail your life. You are dealing with health issues and navigating California’s confusing workers’ compensation system. You can take steps to protect your rights and get the benefits you need. A California lawyer can help you through the process.

Seeking Medical Care Right Away

If you get hurt at work, your priority is immediate medical help. Even if it seems minor, getting checked out creates a paper trail and prevents your condition from worsening later.

Reporting Your Injury Properly

According to California law, you must inform your employer about the accident in writing within 30 days. Telling supervisors or filing an internal report is not enough. Your notice must include key details like your name, injury description, how it happened, and the exact date. This triggers the claims process.

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Seeking Compensation After a Disfiguring Equipment Injury

 Posted on October 24, 2023 in Workers' Compensation

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Getting seriously hurt because of faulty equipment can change your life in an instant. You can be left with permanent disfigurements, huge medical bills, and no way to earn income. On top of that, you are dealing with devastating emotional pain and distress. It can be a nightmare, but you do not have to go through it alone

A California attorney can help you take action and fight to recover the compensation you deserve. Justice will not make you whole again, but it can lift some of the burden during your recovery.

Understand Liability Laws and Parties Responsible

Securing compensation starts with identifying negligent parties who may be held legally and financially responsible. Product liability cases can target equipment manufacturers when design defects, assembly flaws, or missing safety warnings are uncovered. For on-site accidents, building owners, operators, rental companies, or maintenance providers could share liability if found neglecting duties. For workplace accidents, employers may share responsibility if they ignore safety codes and protocols.

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Securing Maximum Benefits After Equipment Accidents at Work

 Posted on October 13, 2023 in Workers' Compensation

Gilroy workers' compensation lawyerFor 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.

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Which Pre-existing Conditions Are Easiest to Reaggravate at Work?

 Posted on September 28, 2023 in Workers' Compensation

Morgan Hill, CA workers' compensation lawyerWorkplace 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:

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What Causes Foot Injuries at California Construction Sites? 

 Posted on September 20, 2023 in Workplace Injuries

Hollister Construction Accident LawyerConstruction 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

  1. 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.

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What Is a Work-Related Repetitive Stress Injury?

 Posted on September 13, 2023 in Workplace Injuries

CA injury lawyerWork-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.

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Injuries Which May Qualify for Temporary Disability Benefits

 Posted on September 13, 2023 in Types of Benefits

CA injury lawyerTemporary 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.

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Denied Workers' Comp in California? Appeal Options and Mistakes to Avoid

 Posted on August 29, 2023 in Workers' Compensation

Hollister Workers Comp Appeals LawyerIf 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.

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Equipment Failure and Injuries on the Job in California

 Posted on August 21, 2023 in Workers' Compensation

Gilroy Work Injury AttorneyWhen 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.

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