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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

Aggressive advocacy for those seeking workers' compensation

If you've been injured on the job, then you know the difficulties you can face as you try to recover your health. There are, of course, the physical limitations that may be thrust upon you, as well as pain, thereby requiring extensive medical care. Yet, your injuries may also leave you unable to work, which means there may come a period of time where you run out of income and deplete your savings. This, in turn, can leave you in a dire financial position where you may struggle to keep the lights on, put food on the table and otherwise provide for yourself and your family.

The good news is that if your accident occurred while you were performing your job duties, then you may qualify for workers' compensation benefits. The bad news is that obtaining these benefits isn't always as easy as it seems. Employers and insurance companies may try to dispute your claim on various grounds, including that you were not performing your job duties at the time of the incident, or that your injuries are not as severe as you are making them out to be.

California construction accident leaves 13 injured

Construction work may seem inherently dangerous, but the truth of the matter is that, so long as employers follow the regulations put in place to ensure worker safety, then workplace accidents should be relatively rare. Regardless of whether regulations are followed, a workplace accident can leave a worker in a tough position with not only physical pain that can result in limitations, but also financial losses in the form of lost wages and medical expenses. These individuals may be able to recover compensation for their losses, though, so long as they can show that they qualify for workers' compensation benefits.

Many Californians are in this position now after a construction accident left them injured. According to reports, 13 construction workers were harmed when the scaffolding on which they were working collapsed. The workers fell to the floor below them, which was a drop of more than 10 feet. The exact cause of the incident is unknown at this time, and Cal/OSHA is investigating. The injured workers were taken to the hospital and treated for injuries ranging from bruises to back sprains.

Workers' compensation and returning to work

Being injured on the job can turn your life upside down. The work that may have once provided you with the ability to pay your day-to-day expenses can disappear, at least temporarily. This can leave you in a financial bind, but you probably qualify to recover workers' compensation benefits. Although recovering these benefits can be a challenge in itself, maintaining them for the period of time you need to recover and return to work can be just as difficult.

The reasoning behind this is simple: there are a lot of people who have an interest in you returning to work. Those who represent your employer want you to get back to work so that they don't have to keep paying out your claim, and your claim administrator and physician have a duty to protect a system of which they have become a part. For this reason, these individuals have a say in when you can and should return to work.

Office injuries may qualify for workers' compensation

There are certain occupations that are inherently dangerous. Construction workers, police officers and firefighters are put in harm's way on a daily basis. Yet, these are not the only workers who can be subjected to a workplace injury. In fact, even those who work in what many would consider boring office jobs can be seriously injured, leaving them with the need for medical care and time off from work.

There are many causes of office injuries. The most prevalent is falls. Although they may seem minor, falls lead to the most disabling injuries. Also, office workers are twice as likely to be hurt in a fall as those workers who operate outside of the office. Another cause of office injuries is heavy lifting. Whether it's moving a box of copy paper or rearranging furniture, lifting with the wrong technique can result in injury to the back, neck and shoulders. Such injuries can linger for a significant period of time, leaving a worker facing extreme pain and physical limitation. Workers can also be hurt by falling objects that have been improperly placed on shelves. Books can fall on and fracture feet, and more significant objects may even cause a head injury.

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.

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