Showing posts with label Workers' compensation. Show all posts
Showing posts with label Workers' compensation. Show all posts

Workplace Safety Programs are the First Line of Defense Against Work Injuries

When it comes to earning a living, we are all entitled to go to work in a happy safe environment.  The problem is that some companies just don't take safety seriously.  Splashy news articles often grace the front page of newspapers when companies fail to take worker safety into account.  In instances of heavy machinery, this could lead to the death of an employee by often gruesome means.  Or it could mean lasting debilitating injuries which cause the worker not only physical pain, but also mental anguish and financial distress.

Avoid injury in the workplace

Safety records just don't become great overnight. There has to be a concerted effort between the employer and the employees to establish and maintain a healthy safety record.  This includes the establishment and communication of a rigorous workplace safety program. Absent such a program, employers run the risk of accidents which can be tragic.  If a company isn't taking your safety seriously, you should inquire whether or not they have a plan in place to minimize workplace injury.  Effective workplace safety plans include the following:


  • evacuation procedures in case of a natural disaster or in case of a large event at the company
  • procedures for safe handling of dangerous materials
  • procedures for the safe operation of machines and to prevent injury
  • material data sheets which explain the presence of any potentially harmful chemicals
  • procedures for the safe performance of job duties 
  • procedures in place for medical attention 
  • and more...
To minimize workplace injuries, a strong workplace safety program should be considered the first line of defense.  This should be considered the bare minimum a company should do to ensure their workers' safety on site.  

If you have been injured on the job, you do have rights. First, report the injury to your superior and to your human resources' department. Secondly, you should retain a skilled work injury attorney to ensure your rights are being looked after.  In this case, you do not want to take the chance that your company does the right thing. In some cases, they don't, or won't because of a lack of knowledge, inattention, or concern that this will reflect badly upon their company. Don't allow yourself to be dissuaded from obtaining the help you need. 

Toxic Substances Could Injure Employees

Often, employees are unaware of the risks that they face just trying to earn a living.  In some cases, employees are faced with circumstances such as toxic substances that could be present in not only items they're working with, but in the environment itself.  When employees are exposed to these toxic substances on a regular basis, they could severely injure themselves, falling ill with serious illnesses or injuries.  

Some of the common toxic chemicals present in work environments include:


  • asbestos
  • benzene
  • chromium compounds
  • silica
  • radium


The Dangers of Toxic Substances

Toxic substances can be extremely dangerous to your health and can not only present immediately, but they can also sleep in your system for years before you show signs of injury or illness.  When employees are exposed to these toxic substances, they face a number of illnesses and injuries including:


  • asbestosis
  • lung problems
  • chemical burns
  • poisoning
  • mesothelioma
  • cancer
When an employee is injured by exposure to toxic chemicals, he or she is at great risk for serious and life altering injuries.  This could keep a person out of work for an extended period of time and it could even end their life.  

Because of the severity of these injuries, employees often bring about lawsuits against the manufacturer of the toxic substance as well as the manufacturer of safety equipment that may have failed to keep the employee safe from a work injury.  To determine your best chances of bringing about a lawsuit of this nature, you should contact a skilled work injury attorney today. 


Injured Employees Get Back to Work Sooner

Sometimes, when people are injured at work, there is a stigma that this could be a long term disability, that this could somehow make workers appear less than deserving of their job.  However, a new report shows the injured tend to get back to work sooner than those who are ill.  This is exactly why there is a Workers' Compensation system in place.  This system is intended to aid workers to get back to work and resume their normal lives.  When employees are injured, the Workers' Compensation system steps in to provide lost income to keep this employee's family afloat. 

How the Injured Get Back to Work Sooner

With workers' compensation, injured workers gain the ability to pay their bills while they seek medical care that is covered for their injury.  According to recent figures, this accounts for a net loss of only 13% of their income over the year compared to a 60% loss of income for people who suffer non work related illnesses that keep them out for extended periods.  

Typically, the following injuries are covered by your employer's Workers' Compensation policy:


  • head injuries
  • neck and back injuries
  • broken bones
  • internal organ damage
  • amputations
  • death
These injuries can keep employees out of work for an extended period of time. With Workers' Compensation, workers are able to get back to work sooner due to the benefits they receive. If you have suffered a work injury, you should call a skilled work injury attorney to help you gain the compensation you need. 

Fired for a Work Injury- Know Your Right to Workers Compensation

Often, many employees who work as assistants, housekeepers, and maids fear that they have no recourse if they are injured on the job.  Recently, the actress Sharon Stone was sued because she fired her housekeeper after she suffered a work injury.  The housekeeper requested a medical leave or modified duties based on her doctor's advice and was instead fired by the popular actress for this work injury.  

In this case, California and federal laws offer employees the rights to workers compensation benefits.  They also guarantee that as an employee, the housekeeper should have received modified duties due to the back injury she suffered on the job.  However, the housekeeper was fired instead. 

The Right to Workers Compensation

Employees in California, including those employees who work in nontraditional home situations such as housekeepers, are entitled to Workers' Compensation.  The state maintains a fund of benefits available to injured workers and mandates that employers obtain insurance that pays into this fund.  In return, the state's fund pays these injured workers so the business does not have to.  

Often, employees injured on the job have suffered a work injury that could be long lasting or life altering.  In these instances, where extended medical care is required and the employee cannot return to work, long term benefits are also available.  

In the case of housekeepers and other workers in nontraditional home settings, at issue is whether a person was hired on as an employee or as a contractor.  This distinction becomes important not only for tax information but also for workers' compensation benefits.  To determine whether you are eligible for workers compensation, you should call a skilled work injury attorney today. 

Get Help for Your Injuries

If you have been injured on the job, you could be suffering and in pain.  Depending upon the circumstances and the nature of your work, employees could suffer a number of debilitating injuries, including:


  • back injuries
  • neck and spinal cord injuries
  • brain injuries
  • internal bleeding
  • difficulty breathing due to toxic substances
  • amputation
  • paralysis
  • death
It is important to obtain the medical help you need and to call a skilled work injury attorney to secure the compensation you need to move on with your life.  Call a work injury attorney today.  Don't suffer in silence. 

Protect Yourself from Work Injuries on Construction Sites

When it comes to obtaining a job, often construction sites offer diligent workers good pay for a hard day's work.  But these sites can be extremely hazardous.  The US Dept. of Labor estimates that on any given day, approximately 6.5 million people will go to work today on over 250,000 construction sites.  And according to accident statistics, many of these workers will suffer from a work injury.  In order to prevent those injuries from becoming fatal, the Labor Department suggests an active safety program.

Common Work Injuries on Construction Sites

Depending upon the construction site, conditions can vary from job to job.  But each and every construction site can be dangerous in multiple ways.  Many workers will experience a work injury from these common accidents, while others will experience work injuries from more exotic methods:
  • falls from great heights
  • slips and falls
  • scaffolding accidents, collapses
  • trench accidents, collapses
  • electric shock
  • falls down the stairs
  • heart attacks, strokes due to overexertion
  • crane accidents
  • chemical burns
  • forklift accidents
  • blows to the head
  • back and neck injuries
Serious and even fatal work injuries can result from any of these accidents. It is up to the employer to provide as safe a work environment as they possibly can and to provide safety training, material data sheets on hazardous materials, and to provide workers with adequate safety equipment.  Even when all of these requirements are met, often, workers are injured on the job because accidents happen.  And when you're working with heavy machinery, those accidents can be severe. 

Steps to Preventing Work Injuries on a Construction Site

Work injuries on construction sites are often preventable.  Often, these accidents are the result of either a lack of preparation, ignorance of safety procedures, or employees just not paying attention on the job.  To avoid these potentially serious work injuries, workers should take a moment to consider the following in order to protect themselves from injury:
  • review safety programs prior to beginning at a job site
  • inspect their safety equipment to ensure that it's adequate
  • know where the material data sheets are kept
  • pay close attention to what you're doing, don't allow yourself to become unnecessarily distracted
  • take a moment to familiarize yourself with your surroundings
  • obtain help if you can't see over a load you're carrying
  • obtain help moving items 
  • go slowly on heavy machinery
  • don't overload machinery
  • ground yourself prior to working with electricity
Safety is a huge concern on construction sites as they are often responsible for a variety of potentially severe and painful work injuries.  If you have been injured due to the negligence or carelessness of another, you could be entitled to compensation. You should seek immediate medical attention and contact a skilled work injury attorney to obtain the best possible results for you. 


New Regulations for Tattoo Shops Seek to Prevent Injury

New state laws have come into effect in California to regulate the potentially risky industry of tattoo artistry and piercings.  In an effort to control the potential for diseases, state regulators have passed new safety guidelines for a variety of industries, including tattooing and piercing.  These guidelines propose new rules for safe handling of needles to avoid potentially injuring employees and to avoid the possibility of spreading diseases to customers.  Particularly at issue is the spread of Hepatitis B.  The legislation passed by Jerry Brown in 2012 now demands a higher standard of cleanliness and care. 

New Employment Safety Guidelines

Under the new tattoo/ piercing workplace safety guidelines, tattoo shops and piercing shops need to have medical waste personnel come pick up used needles.  This makes sense since hospitals and doctors' offices dispose of their used needles in medical waste receptacles.  Using these medical waste professionals to handle used needles can ensure that tattoo artists aren't injured on the job and don't contract diseases from customers. 

Another highlight of the new laws is that these shops need to have hand washing stations to ensure that employees don't pass diseases and viruses to their customers.  Additionally, there are new sterilization rules and mandatory health permits and safety inspections. 

Are You at Risk for these Injuries

These safety regulations are intended to prevent work injuries and injuries of customers.  This could include:


  • potentially deadly and infectious diseases such as hepatitis B, HIV
  • tetanus 
  • tuberculosis
  • allergic reaction
  • granuloma
  • tissue damage, necrosis
  • excess bleeding
  • death

If you suffer a work injury at a tattoo shop or piercing shop, you should obtain medical attention. And then you should call a skilled work injury attorney to handle your claims.  Get the compensation you deserve today.





Understand Workers Compensation Rights and Duties

Workers' Compensation is a difficult area of law.  Often, despite their best efforts, business owners don't necessarily understand it or their duty to protect their employees. When there is a misunderstanding of the employers' duty to carry insurance, or misunderstandings of safety guidelines, safety requirements, and employee responsibilities, injuries could happen and employers could find themselves in potentially difficult situations.  We all want to be able to work in safe conditions and are entitled to by law. 

Employers' Legal Obligations

If you are a business owner, you are required to carry workers' compensation in your state.  You are also required to carry workers' compensation insurance in other states if you enter into contracts there.  And in the case of some fields of work, whether you employ "employees" or "contractors" you are required to carry workers' compensation insurance as a matter of law.  This system can be confusing for business owners who may otherwise want to do right.

Typically, workers' compensation insurance is obtained from licensed insurers.  They will explain to employers that should workers become injured on the job, the state's workers compensation fund provides funds for these workers to pay their medical bills and ease their transition as they heal before they get back to work.  However, the critical components are that a work site need to establish and maintain an active safety program and they need to communicate this program and the consequences of work injuries to their employees.

Employees' Rights to Workers Compensation

Employees injured on the job may be entitled to collect workers' compensation for their injuries.  This is to allow an employee to heal properly and to pay their medical bills as they remain out of work. This is not intended to be permanent, though.  However, long term disability benefits do exist for seriously injured employees.  The state's workers' compensation system is set up to aid employees to pay their bills while they focus on healing to get back to work.  

When employees are injured on the job, typically, they alert their supervisor or human resources department to the injury.  Then, they are advised to do the following:


  • seek immediate medical care
  • obtain witness information
  • obtain pics on your smart phone of the dangerous work condition
  • call a skilled work injury attorney
When workers are injured, it can be difficult to obtain the necessary compensation for their work injury.  This is why they are advised to hire a work injury attorney.  A work injury attorney can help employees to navigate the insurance system and to face the workers' compensation board.  When injured employees try this on their own, they risk not being able to collect the benefits they are due for their injuries.

If you have suffered a work injury, you should contact a skilled work injury attorney to obtain the relief you need.  You should also collect information to assist the work injury attorney in your case.  Increase your chances of a favorable settlement and obtain the relief you need. 


Exposure to Crystalline Silica Could Cause Work Injury

My father owns a stone and tile business, which is often frequented by masons.  When these masons chip away or grind at a variety of stone products including granite and quartz, masons can be exposed to silica particles in the air.  

Recently, a New Jersey judge determined a worker's 35 years of exposure to silica contributed to his fatal lung cancer.  In the case, Johnson v. Campbell CP NO. 2007-11564, the NJ judge determined his silica exposure came from his job.  


Silica Exposure Could Cause Work Injuries

Crystalline silica is a highly toxic substance which is a lung carcinogen.  When ingested, this substance can be extremely harmful to workers, causing a work injury.  These injuries can include the following:


  • silicosis 
  • inability to breathe due to scar tissue in the lungs from ingesting crystalline silica
  • chest pains
  • respiratory failure
  • death

Protect Yourself from a Work Injury Due to Silica

On the job, there should be precautions taken to ensure that workers are safe and do not inhale silica, causing a work injury.  These precautions are intended to save workers' lives.  Workers should protect themselves in the following ways:

  • exhaust ventillation
  • protective respirators 
  • wear washable or disposable work clothes and discard them before going home
  • shower and remove silica dust before going home
  • do not smoke
  • do not eat or drink in areas containing silica
Protect yourself when you're working around crystalline silica to prevent a work injury that could be potentially fatal.  If you've been injured on the job, call a skilled work injury attorney today.  You may be entitled to compensation for your work injury. 


Top Tips to Collect Work Injury Compensation

If you've been injured at work, it can be devastating to not only your health, but your financial situation.  What if you can't go back to work?  Who will pay your bills and provide for your family? If you've suffered a work injury, you should immediately report the injury to your human resources department so they can file a report with their insurance carrier to get you paid.

What to Do About Your Work Injury

Sometimes, the process doesn't go so smoothly.  If you've been injured at work, you could be facing an uphill battle trying to collect money from the state's Workers' Compensation insurance fund.  You could also face resistance at work and financial uncertainty.  Help yourself out after your work injury with the following steps:


  • seek immediate medical help
  • collect witness information- names, numbers, contact info
  • take pictures of the scene and the hazardous conditions on your cell phone
  • document the work injury by filing the proper paperwork at your job and follow up with emails to ensure they received the proper paperwork
  • hire a work injury lawyer to fight for your compensation
In a perfect world, if all you had to do after your injury was report it, you wouldn't need personal injury attorneys or work injury attorneys.  However, we don't live in a perfect world. That's why it's important to obtain the legal counsel you need to collect the compensation you are due.  Talk to a skilled work injury attorney today to discuss your case.

County Employee's Work Injury Ignored as He Suffers

Ocean County, California officials are feeling the pressure today.  Recently, a compost operator, David Jones, fell and injured his back and his hand on the job.  He has since been in such debilitating pain that he spends frequent nights in the emergency room.  Doctor after doctor has examined Mr. Jones and determined his hand is unusable.  He has been declared so severely injured that he cannot return to work.  With no income, Mr. Jones is about to lose his house.  To date, he has not received the benefits he's applied for.  Nor has he been able to pay the rent.  

In response to his work injuries and pleas for benefits, Ocean County has fired Mr. Jones.  He is so severely injured that his hand remains curled and unusable, he walks with a cane (when he is able to walk) due to numbness and difficulty walking.  To the County, they determined his work injuries and subsequent required medical care was an abandonment of his job. 

Know Your Work Injury Rights

In the State of California, employers are required to carry Worker's Compensation benefits.  When you sustain a work injury, you are legally allowed to file a claim for compensation.  However, herein lies the problem.  Because of a history of abuses in the system, even severely injured patients are sometimes given the runaround when it comes to obtaining benefits. For this reason, injured people like Mr. Jones are generally advised to contact a skilled work injury lawyer. 

When people are injured on the job, the medical bills can pile up.  Even with health insurance, the thousands of dollars in medical bills can be severely outside of a person's financial means.  This can easily drain bank accounts, place families at risk for foreclosure of their home, and cause suffering for a family who is now without their primary breadwinner. 

When you've been hurt on the job, you are entitled to file a Workers' Compensation claim.  Although often, consumers who represent themselves do not do as well, the system was set in place to help people with work injuries.  By hiring a skilled work injury lawyer, you increase the odds that you will be compensated fairly for your injuries.

What Injuries are Compensated

Typically, workers' compensation pays larger sums for more severe work injuries.  However, depending upon the nature of your injury and the circumstances surrounding your work injury, you could be entitled to quite large sums.  You should discuss your unique case with your work injury lawyer.

Often, workers who are injured at work suffer the following:

  • broken bones
  • concussions, head injuries
  • back and neck injuries
  • spine and disc injuries
  • crippling of appendages
  • amputations due to loss of limbs
  • vision loss, hearing loss
  • stroke, heart attack
  • death
If you have suffered a work injury, you should both seek medical help and call a skilled work injury lawyer today.  Protect your rights and avoid the trauma that Mr. Jones has been forced to endure.



Workers' Compensation: Are you covered?



Every place of employment should be covered by workers' compensation. Workers compensation helps cover the costs of medical bills and damages if an employee is injured on the job.

If you've suffered a work-related accident, you may be eligible to file a claim. Contact an experienced workers' compensation attorney to discuss your case.

What injuries are covered?
Works’ compensation covers a variety of injuries. If you were involved in an accident at work and suffered complications as a result, you should be able to claim workers' compensation. Work-related injuries include those that require immediate attention, but the term also encompasses those types of injuries that develop over a period of time.

Some of these injuries include: 

  • Physical stress 
  • Carpel tunnel syndrome   
  • Leg problems
  • Heart disease
  • Stress
  • Hypertension
  • Lung damage due to toxic vapors and chemical exposure
  • Spinal cord injury
  • Head injury
  • Eye injury
  • Burn injury
  • Amputation
  • Brain injury


What to do if you’ve been injured at work

After a work injury, the list of issues may seem infinite. It is always best to seek advice from a work injury attorney to receive maximum compensation for your pain and suffering. You may be eligible for a claim, but you must add quickly before any deadlines pass you buy.

What happens if our insurance company refuses to cover your claim?

Despite that all employers are required to have insurance for their employees, difficulties may arise in any work injury. The complexity of workers’ compensation law makes it difficult to determine if you are eligible.

Nevertheless, it is paramount that you receive fair compensation for your pain and suffering. Contacting a workers’ compensation lawyer will get you the treatment you deserve. 

It is difficult to determine whether or not you are eligible for compensation until you have spoken to an attorney. Make sure to speak to one as soon as possible so that you miss no deadlines and lessen the stress of the ordeal. Call an attorney to discuss your case.

What happens when your workers' compensation claim is denied?


DENIED WORKERS’ COMPENSATION CLAIMS

It could happen to anyone. You're at work. You're doing your job, like you do every day. Nothing is out of the ordinary. But suddenly, something happens and you're injured.

You contact medical help as soon as possible. The procedures go well. But then you get the bill in the mail. It's ridiculously high. There's no way you could afford something like that.

But it's going to be okay because you have insurance. You're covered by workers' compensation. 

You file a claim, thinking everything's okay. But it isn't. Because now the insurance company says that you're not eligible. Your benefits have been declined. That enormous bill you got from the doctor's is sitting there, burning a hole in your kitchen counter.

After suffering a painful work-related injury, the worst thing that can happen is for your benefits to be denied. If your workers’ compensation claim has been disputed, you may be eligible for a claim.

In the case of a denied claim, the best step is to contact a workers’ compensation attorney who can help you receive the compensation you deserve.

Common reasons for claim denial

Sometimes, insurance companies can deny your health benefits for a slew of ridiculous reasons. When this happens, they are looking out for their best interest, not yours. Many companies will den your claim for a number of reasons, including:
  • Claims were not reported or filed on time
  • Employer disputes the claim
  • Conditions of work injury are not covered by insurance company
What to do when your claim is denied

You will usually receive a letter stating that your claim was denied. Usually, the letter will also detail how you can appeal the claim.

After you receive this letter, be sure to:
  • Take notes of reason for denial and any deadlines to appeal the claim
  • Contact your workers’ compensation insurance carrier to discuss the letter
  • Seek legal advice


Talk to a workers’ compensation attorney

If your employer and insurance carrier still refuse to handle the claim, you must talk to a workers’ compensation attorney. Depending on your work injury, you may be eligible for compensation for your pain and suffering. Don’t simply accept your claim denial. Fight for your rights.

A workers’ compensation attorney will be able to determine whether an appeal for your claim denial is the best course of action. Attorneys will be able to handle deadlines and walk you through the process so that you do not have to suffer by yourself.