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California Board of Legal Specialization | Certified Specialist in Workers' Compensation Law by the State Bar of California Board of Legal Specialization
Law Offices of Vincent J. Scotto, III, Attorneys & Lawyers Employment & Workers Compensation, San Mateo, CA
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San Mateo Workplace Injury Law Blog

What is a qualified medical evaluator for workers' compensation?

Being injured on the job is no small thing. An individual may experience significant pain, incur a massive amount of medical debt and face the challenges imposed upon them by lost wages. Fortunately, workers' compensation benefits are available to most of these Californians who have been hurt in a workplace accident. There are some people, though, whose claims are denied for a variety of reasons. There may be disagreement about whether the accident occurred while the worker was performing his job duties, or about whether the claim was filed in a timely fashion. Yet, one of the most common reasons workers' compensation claims are denied is because the injury is not serious enough to keep the individual out of work. This can affect not only an initial claim, but also the amount of benefits received.

This issue often arises when an injured worker's medical professional has a different view on the injuries than the administrator handling the workers' compensation claim. When this happens and a question is raised as to whether the injury qualifies for workers' compensation, a qualified medical evaluator may be appointed to the case. The QME then analyzes the case and makes a final determination.

Bay-area firm fighting for injured workers

Going to work and performing your job duties should be a pretty straightforward process. For most Californians, it is. But for others, a routine day at work can pose many challenges that can prove injurious. Whether suffering harm in a construction accident, a warehouse incident or a repetitive motion performing what you might think of as a menial task, a workplace injury can leave you with serious damages. You might need costly medical care and, if your injury is severe enough, you may find yourself temporarily out of work, which means lost wages.

To recoup these financial losses, you will likely need to pursue a workers' compensation claim. As we discussed previously on the blog, the first step to claiming these benefits is having a medical evaluation. Oftentimes, these evaluations must be conducted by a medical professional who is approved by your employer's insurer. If you disagree with your diagnosis at that time, then you may be able to obtain a second opinion.

Workplace accident causes man's arm to get crushed

A workplace accident can cause an injury that leaves you suddenly unable to work and earn the wage on which you and your family depend. When this happens, you may want to consider seeking workers' compensation benefits, as these benefits can help you recoup some or all of your lost wages and medical expenses.

One California man may want to do that now after seriously injuring his arm while working. According to reports, the man, who was operating a dump truck, had his arm trapped by the truck's tailgate. It took approximately 40 minutes to remove his arm from the equipment, and he was subsequently airlifted to the hospital. Those involved indicated that doctors will see what they can do to ensure the worker keeps his arm.

Repetitive stress injuries may qualify for workers' compensation

When California residents think about workplace injuries they may instantly conjure images of construction workers falling from scaffolding, factory workers being crushed by machinery or drivers being hurt in car accidents. While these instances are certainly real and common, they are not, by any stretch of the imagination, the only instances in which an individual can suffer a workplace injury.

In fact, many California residents are injured on the job while performing what may seem like menial tasks. For example, someone who sits at his desk all day typing on a computer may find himself suffering from repetitive stress injury in the form of tendonitis. This condition, where tendons become inflamed, can be easily treated, but severe cases may lead to a loss of function in the hands and other joints. Common symptoms of tendonitis include tingling, numbness, weakness, swelling and heat and cold sensitivity.

Scaffolding inspections may prevent workplace accidents

With California's warm and relatively dry weather, construction crews can work year-round across the state. The men and women who make up these crews go to work every day, oftentimes with very little thought of their own personal safety while on the job. Yet, a construction accident can leave a worker with serious injuries and losses that can take quite a toll. They may suffer from damages such as medical expenses and lost wages, and they may be unable to work to help pay their bills while they recover from their injuries.

Fortunately, federal and state regulations aim to keep workers safe from workplace accidents. One area of construction that regulators assess is scaffolding. Approximately 65 percent of construction workers utilize scaffolding to perform their jobs, and accidents that involve scaffolding falls are typically more serious. Therefore, regulators from OSHA often inspect scaffolding for both design and construction.

Whiplash basics

Anyone who has ever operated a motor vehicle understands that becoming involved in a car accident is a risk of the roadway. While some accidents are the result of unavoidable weather complications or road conditions, some accidents are the result of negligent drivers that might be distracted or under the influence.

Regardless of the circumstances, car accidents accompanied by medical injuries can lead to significant financial duress for families that cannot afford the added expenses. One of the most common injuries in car accidents is whiplash. Understanding this injury is the first step towards finding relief.

Statistics on the number of workplace injuries in California

Accidents occur every day in California. Some of these accidents are minor and do not affect the people involved very much. However, other accidents result in severe injuries to those involved. These injuries can change people's lives for a period of time. This can include being unable to work while they recover. While these accidents can also occur in many different locations, people expect to be safe in certain circumstances. One of these circumstances is while the person is at work. Employees expect that the employer will keep them safe so they can continue to do their job.

Despite this expectation, many people are still hurt on the job in California. In 2015, there were 470,600 reported workplace injuries. Of these injuries, 273,500 resulted in people missing time at work or being restricted in their ability to do their job. Some industries experienced more injuries than others. There were 65,100 injuries in the health care and social assistance industry, 51,300 injuries in the retail trade industry, 42,200 in the food and hospitality service industry, 39,900 in the manufacturing industry and thousands more in other industries.

How to dispute a medical exam for workers' compensation

When people in California go to work each day, they are usually just focused on what they need to do at their jobs. They don't usually think about whether they will be injured or not while they are working. Despite this, many people are injured on the job in all types of employment. These injuries can be very devastating for workers and their families if they rely on that income to meet their needs.  

To ensure that a worker can continue to pay their bills if they are unable to work due to the injury, workers are entitled to workers' compensation benefits. This can help pay for the medical bills and some of the workers' income while they are unable to work.  

Helping California residents after a workplace injury occurs

Some jobs are more dangerous than others, but regardless of what type of job it is workers rely on them to earn a living and provide for their families. If California residents are unable to work due to an injury, many would not be able to meet their monthly obligations and may incur significant medical bills as well.

Accidents can occur in any type of job. Oftentimes people associate workplace injuries with industrial jobs, construction jobs and other jobs that involve manual labor and heavy machinery. However, people who work in healthcare, truck drivers or other types of delivery drivers and even people who work in office settings for a business can be involved in a workplace accident.

Almond company fined for unsafe work conditions after accident

People in California have many different jobs in order to earn money to pay for their financial needs. These jobs are essential for many people and it is important that they are safe while they are working. When California residents are injured at work it may severely inhibit their ability to perform their jobs and provide for their financial needs. That is why there are a number of safety regulations that employers must follow in order to keep the employees safe.

Blue Diamond almond company was recently fined by an administrative law judge after an employee was severely injured in a workplace accident. One employee was driving a forklift with a load on it that blocked his view. Because his view was blocked he hit another employee that he did not see who was in front of the forklift. The judge found that the company violated a safety regulation that requires employers to ensure that forklift drivers travel with the load in the rear so they can see what is ahead of them. As a result the judge upheld a fine of $25,000 imposed on the employer.

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The Law Offices of Vincent J. Scotto, III
700 South Claremont Street
San Mateo, CA 94402

Telephone: 650-375-2301
Fax: 650-401-6129
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The Law Offices of Vincent J. Scotto, III
706 Ferry Street Martinez, CA 94553

Telephone: 925-231-0726
Fax: 925-372 -4244
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