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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

San Mateo Workplace Injury Law Blog

Injured workers may be entitled to immediate medical care

After a workplace accident or injury a California resident should notify their employer of the harm that they have suffered immediately or as soon as they can safely do so. This is because the notification requirement triggers an employer's workers' compensation response and the injured employee's opportunities to receive the medical care that they need. Under the state's system of workers' compensation, injured individuals have the right to be given medical care within one day of filing their claim with their employer.

This rule applies even if a claim for workers' compensation benefits is under investigation and a person whose claim is still being reviewed may still receive up to $10,000 in medical care. If the administrator of an injured worker's claim fails to process their documentation and the worker is not provided with timely medical assistance they may push for the help they need by communicating through their supervisor or management within their employing organization.

Coming back from a serious workplace accident

Practically every day, all across the state of California, men and women suffer injuries while they are performing the duties of their jobs. Some of those injuries are relatively minor, such as small trips that result in stubbed toes, or minor cuts from boxes or papers. However, some individuals are involved in serious workplace accidents that leave them severely harmed and unable to continue to do their work.

A workplace accident can take a victim away from their employment and deny them the opportunities to support their family. As they work to recover, they may see their income stop and their financial power diminish. A workplace accident can do more than just hurt a victim's body: it can also limit their ability to provide for the people that they love.

Youth may be a contributing factor to some workplace injuries

It is a rite of passage for some California teenagers to get their first jobs once they are qualified to work. The happiness of earning their own money and having the financial power to buy what they want can motivate some young people to seek out jobs that impose upon them significant tasks and responsibilities. Unfortunately, data offered by the Centers for Disease Control and Prevention (CDC) suggest that young workers in certain industries can suffer workplace injuries more frequently than their older counterparts.

Particularly in the field of retail, the CDC found that young workers, defined as those between the ages of 16 and 24, suffer more injuries than their older colleagues. "Retail," includes any center of commerce where goods may be purchased, such as restaurants, warehouses, big box stores, boutiques, department stores and many others.

Important steps to pursue to seek workers' compensation benefits

Getting hurt at or sick from while on the job can be a financially and physically painful event for a California resident and their family. When caught in this difficult situation, many individuals can seek workers' compensation benefits from their employers to provide them with compensation as they work to heal from their illnesses or injuries. In order to pursue workers' compensation, however, individuals generally must take certain steps to protect their rights.

One important action that a worker should take after developing a workplace injury or illness is to tell their employer about their condition. Notice should be given to the worker's employer as soon as possible. The failure of a worker to tell their employer about their physical harm could cause difficulties later on when they take additional steps toward securing workers' compensation benefits.

What injuries may be considered work-related?

In order for a California resident to pursue workers' compensation benefits through their employer they generally must be able to show that the harm they suffered that prevents them from working was caused by their job. Some examples of workplace injuries are easy to identify, such as the harm construction workers suffer when they fall at construction sites and the wounds industrial workers suffer when they are exposed to hazardous chemicals. Other injuries, however, may be more difficult to classify as related to the victims' jobs.

For example, if a worker is hurt while eating their lunch, is their injury work-related? In order to answer this hypothetical question, an investigation into the facts must be undertaken. If the worker was on their employer's work site or in a workplace cafeteria when they were hurt, then they may be able to argue that their harm occurred while they were on the job. Injuries suffered away from work but during the workday may be more difficult to connect to one's employment.

Helping victims recover from workplace accidents

An accident at work can be a difficult event to get through. Not only may a California resident experience pain and suffering from the injuries they sustain through their accident, but they may also suffer stress and economic loss when they cannot do their job and provide for themselves and their loved ones. In the end, an on-the-job incident may leave a person with physical trauma, economic loss and emotional suffering.

Readers of this blog may know that the law provides a number of different paths for accident victims to follow to seek the compensation they deserve when others cause them harm. When an employer fails to take the proper precautions and to provide their employee with the right training, that employee may be harmed in an accident while performing the duties of their job. In such situations, a workers' compensation claim may be the most effective legal option for the victim-employee getting the support they need while they recuperate.

What are repetitive motion injuries?

Getting up each day and following a regular schedule of preparing one's self for work is not uncommon for California workers. They may get showers, get dressed, eat breakfast, and brush their teeth all before getting in their cars and driving to their jobs. Once they arrive at their place of employment, they may fall into similar routines with regard to their work responsibilities and use their repetitive practices to get them through their days.

Sticking to a routine is a good way for a person to keep on task, but, when it comes to physical activity, repetitive actions can be detrimental to workers' health. Repetitive motion injuries occur when workers do the same actions over and over and, as a result of the repeated actions, they cause stress and strain on their bodies. Common forms of repetitive motion injuries include carpal tunnel syndrome and muscle strain.

Workplace accidents are a problem for office-based individuals

Accidents at construction sites and other locations where heavy machinery and equipment are used can be traumatic and life-threatening. When San Mateo residents think about work-related incidents their minds may immediately drift to accidents happening in these types of environments. Although serious worker injuries do occur in areas where construction and industrial work are done, serious incidents can affect workers in offices and other indoor places of employment.

According to data released by the Centers for Disease Control and Prevention, office workers can and are seriously hurt in falls while on the job. While it may not seem that individuals who work in offices would have much reason to be in situations where they could take significant falls, falls happen and inflict problematic injuries on those who are unfortunate enough to suffer them.

Understanding the "Fatal Four" in Construction Accidents

Construction can be an inherently dangerous industry to work in, and employers that put workers in potentially hazardous situations should take every precaution to protect them from being injured or killed while doing their jobs. However, throughout the nation and right here in California, construction workers suffer harm from four types of accidents: falls, electrocutions, getting caught between walls and machines, and being struck by objects. These four types of incidents are known as the Fatal Four in the construction industry and account for more than half of all construction site deaths each year.

Falls are a danger in many lines of work, but, for construction workers, they can be fatal for several reasons. One reason is that a construction site fall may be from a very high distance if the worker is not properly secured to their scaffolding or a stable structure. Ensuring that workers have appropriate safety equipment is an important step in preventing worksite falls.

Three workers hurt in California construction accident

There are many construction projects underway throughout the San Francisco Bay Area and residents of San Mateo may see new developments popping up as they commute through Northern California. Just across the water, a large construction project is in the works in Freemont that drivers can see from Interstate 680. Unfortunately, however, that project was also the location of a dangerous accident that caused three workers to suffer injuries.

The incident occurred when a rebar tower fell while the workers were placing a wrap on it. The tower was estimated to weigh around 1,000 pounds and all three of the victims were taken to local hospitals for treatment. While two of the victims suffered minor injuries, the third victim suffered critical injuries and was being treated at a trauma center in Santa Clara.

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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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