Long Beach Workers' Compensation Attorney

Back Injuries & Workers' Compensation

Severe work-related back injuries can be excruciating and result in the employee temporarily or permanently losing their ability to work and perform everyday activities. These back injuries can also lead to expensive treatment and other financial problems.

However, California law allows workers to get workers' compensation benefits for back injuries sustained at work. It is essential to consult a workers' compensation lawyer in Los Angeles, CA, to file a claim on your behalf and get financial compensation for your medical expenses.

The Law Office of Andrea R. Herman has a team of expert workers' compensation lawyers to build a strong back injury claim for you and ensure you get the right benefits.

Common Work-Related Back Injuries

Back injuries can occur in the lower and upper back, resulting in complicated problems for the worker. Here are some of the common back injuries sustained at work:

  • Disc Issues: These can include degenerative disc disease, bulging discs, slipped discs, ruptured discs, and herniated discs. The disc issues can lead to multiple symptoms, like weakness, numbness, and pain in the legs and arms.
  • Degenerative Joint Disease: This happens when the cartilage on the upper spinal bones gets worn. The symptoms usually include weakness, swelling, and pain in the legs and arms.
  • Sciatica: This occurs because of pinched nerves and causes multiple symptoms, including tingling, numbness, and shooting pain in the legs.
  • Spinal Stenosis: This happens with the spinal canal narrows, causing symptoms like weakness, numbness, and pain in the extremities.

Ways to Prove Back Injuries Occurred at Work

To receive workers' compensation for the back injuries sustained at work, you must prove that the pain and discomfort you are experiencing are caused by the work-related injury. Understanding that every claim differs based on the severity and type of injury sustained is important.

While the injury doesn't need to occur at the workplace, it should be related to the work duties and must have happened during the employment course. Here are a few ways to prove the back injuries are work-related:

  • Getting a note from the doctor that includes details of the diagnosis and highlights that the injury was work-related.
  • Eye-witness statements from colleagues who were either present at the scene of the accident or are aware of the back injuries that occur because of the repetitive job nature.
  • Video of the accident that proves it happened at work premises.
  • Treatment plans and prescriptions by the healthcare provider

Proving the back injuries that occurred at work can be challenging, which is why it is essential to consult a back injury workers' compensation lawyer to help you file the claim.

Head injuries and workers' compensation

Head Injuries & Workers' Compensation

Head injuries can cause devastating consequences for the injured employee and their loved ones. Workplace head injuries include injuries to the skull, face, and eyes, which may be caused by slip and fall accidents, heavy machinery accidents, and falling objects. Head injuries can lead to brain damage, which is among the most life-threatening and severe workplace injuries.

If you have suffered head injuries in Long Beach, CA, you might be entitled to workers’ compensation under California law. However, it is essential to understand the kind of work-related injuries qualifies for compensation and ways to file a claim.

The workers' compensation process is complex, so consulting a workers' compensation lawyer is wise. The Law Office of Andrea R. Herman has been helping workers in Los Angeles, CA, with workers' compensation claims. Our lawyers have extensive experience and can ensure you get the best compensation you deserve for your injuries and sufferings.

Eligibility of Workers’ Compensation Claims for Head Injuries

Workers who sustain head injuries might be eligible for workers' compensation. These injuries could be caused by slip and fall incidents, falling objects, vehicle accidents, or caused by other blunt impacts to the face or the skull.

The common head injuries that are eligible for Workers' compensation include:

  • Brain injuries, including traumatic brain injuries, anoxic brain injuries, and recurrent traumatic brain injuries
  • Contusion
  • Coup-contrecoup (multi-side contusions)
  • Post-concussion and concussion syndrome
  • Skull fractures (compound or depressed)

There might be other long-lasting impacts of head injuries, which include:

  • Dizziness
  • Fatigue
  • Headaches and migraines
  • Memory loss and other memory problems
  • Seizures

Steps to File a Workers’ Compensation Head Injury Claim

Head injuries sustained at work can be a devastating experience, and filing a claim could add to the stress. It is essential to understand that your health must be your priority, but it is also important to properly file the claim as per the guidelines and deadlines of the California workers' compensation law. Here are the steps you must follow:

1. Report the Injuries Immediately

The head injuries should be immediately reported to your employers. According to California law, you must report the head injury within 30 days of the day the injury was sustained to file a claim. Reporting the injuries after that means losing out on your right to receive compensation benefits.  

2. Get Medical Attention

Getting immediate medical attention for your head injuries is essential for your health and your claim. You must also inform your healthcare provider that the injuries are work-related. This will ensure all your medical records are consistent with assisting with your workers' compensation claim.

3. Consult a Workers’ Compensation Attorney to File a Head Injury Claim

Once you notify your employer about the head injury, they have the duty to file a First Report of Injury report. You can then file your head injury claim to get the workers’ compensation benefits. It is wise to get the assistance of an experienced workers’ compensation lawyer in California to ensure the entire process goes smoothly.

Head Injury Claim Compensation and Benefits

The benefits you may receive from the head injury workers’ compensation claim would depend on the type of injury sustained and the severity of the injuries. These commonly include:

  • Medical treatment expenses
  • Temporary partial disability or temporary total disability
  • Wages lost due to the injuries
  • Loss of earning capabilities in the future

Neck Injuries & Workers' Compensation

Work-related neck injuries can prove life-changing depending on their severity. Even mild injuries can cause the worker to experience debilitating pain and discomfort while losing the ability to perform everyday functions. Severe injuries could cause serious and permanent disorders, including coma, disability, paralysis, and even fatality.

If you have experienced neck injuries at your workplace in California, you might be entitled to workers’ compensation benefits. The dedicated and experienced workers’ compensation lawyers at The Law Office of Andrea R. Herman serve employees with work-related injuries in Los Angeles, CA, in filing a claim and receiving the benefits.

Common Work-Related Neck Injuries

Multiple situations at work can result in a neck injury. Some common work-related neck injuries include:

  • Neck Strain or Sprain: A sprain happens when the neck ligaments get torn or stretched, while a strain occurs when a neck tendon or muscle gets torn. These can happen due to a sudden injury, like a fall.
  • Herniated Disc: This happens when the spinal disc dislocates from the spinal canal and can occur due to wear and tear or a traumatic incident.
  • Pinched Nerve: This happens due to a strained or sprained neck muscle.
  • Stiff Tendons and Muscles: This often happens because of holding the same position for a prolonged time or making sudden awkward movements.
  • Fractured Cervical Spine: This is a severe condition in which the neck gets broken and requires immediate medical attention.
  • Whiplash: This occurs due to a fast, sudden movement of the neck or a forceful movement.

What to Do After Sustaining a Neck Injury at Work

If you have sustained a neck injury on the job, you must follow a few steps to ensure you get the maximum amount of workers' compensation benefits. Here is what you should do:

  • Get medical attention right away and inform the medical health professional that the injury was caused at work
  • Ensure you report the neck injuries to the employer and submit an official written notice
  • Keep a tab on all the days you had to miss work and lose your wage and the expenses you had to make due to the injury
  • Consult a workers’ compensation lawyer to file the claim

Benefits Offered for Neck Injury Workers’ Compensation

While the amount of the benefits would depend on the severity of the neck injuries and how it impacts you and your future, the following are commonly rewarded under the workers’ compensation claim:

  • Past and current medical expenses
  • Future medical expenses
  • Wages lost due to the injuries
  • Loss of wages in the future
  • Rehabilitation expenses
  • Vocational training
  • Death benefits

Hearing Loss & Workers' Compensation

Hearing loss is a severe issue in multiple occupations involving heavy machinery and equipment that create excessive noise. Repeated exposure to such noises gradually impacts the hearing of employees, resulting in hearing loss.

This can be devastating for the employee and their loved ones while also placing a financial burden on them. Many workers are unaware they can recover benefits through workers' compensation claims in California.

If continuous exposure to loud noises at work has caused hearing loss for you or your loved one, you have the right to file a workers’ compensation claim for hearing loss. The Law Office of Andrea R. Herman in Los Angeles, CA, has a team of experienced workers' compensation lawyers ready to take on your case and ensure maximum benefits.

What Causes Work-Related Hearing Loss?

Work-related hearing loss can occur due to multiple things. The leading causes are as follows:

  • Continuous exposure to hazardous noise levels of more than 85 decibels
  • Continuous exposure to ototoxic chemicals, like nitriles, asphyxiants, compounds and metals, solvents, and other pharmaceuticals

It is important to note that the noise exposure questionnaire is an integral part of the claim and must be filled out in detail. It includes your complete job history, duties, and title, along with the tools and equipment used, the first sign of hearing loss and the year you discovered it, your medical history, and all the audiograms taken.

It is recommended to consult a workers' compensation lawyer in Long Beach, CA, to help you file the claim since it is a complex process.

Benefits Offered for Workers’ Compensation Hearing Loss Claims

Firstly, you must prove the hearing loss occurred due to workplace injuries or conditions. This can be challenging for the employee to prove, which is why consulting an experienced lawyer is integral. Once it is proven that the hearing loss is work-related, you can recover compensation based on the severity of the problem and how significantly it impacts your life.

The usual benefits offered in such claims include:

  • Medical treatment expenses
  • Implants or hearing aids cost
  • Permanent or temporary disability benefits
  • Loss of wages
  • Loss of earning capacity
  • Vocational training

Employers and insurance companies might dispute your claim and try to prove that your hearing loss occurred because of other factors, like personal activities, prior illnesses, genetic conditions, and age. Therefore, having a workers' compensation lawyer will ensure your case is properly handled, and your rights are protected.

Repetitive Use or Cumulative Trauma Injuries & Workers' Comp

While most workplace injuries occur due to a single event, like electrocution, chemical burn, or a fall, other injuries can be caused by repetitive use or cumulative trauma due to activities and tasks performed on the job.

Many people fail to understand that repetitive use and motions can cause severe injuries in the long run and can be claimed through workers' compensation in California. The repetitive use or cumulative trauma injuries can be caused due to repetitive motions, like scanning groceries or typing.

You can file a workers' compensation claim in Los Angeles, CA, if you suffer from such work-related injuries. The Law Office of Andrea R. Herman has a team of experienced workers’ compensation lawyers who can gather the evidence to prove the injuries were work-related and help you recover compensation benefits.

What is Repetitive Use or Cumulative Trauma Injuries?

Repetitive use or cumulative trauma injuries are pain and damage caused by overuse or repetitive movements. The repetitive movements impact tendons, ligaments, nerves, and muscles. The symptoms usually include tingling, stiffness, or tenderness in affected areas.

Multiple jobs pose a higher risk of repetitive use or cumulative trauma injuries, including:

  • Administrative assistants or secretaries
  • Bus drivers
  • Custodians or janitors
  • Employees who type every day
  • Factory workers,
  • Firefighters and police officers who experience psychological injuries due to cumulative trauma and emotional stress
  • Fish processing workers
  • Machinists, insulators, and others
  • Painters
  • School teachers
  • Shipping and packing workers

Common Injuries Caused by Work-Related Cumulative Trauma or Repetitive Motion

Cumulative trauma or repetitive motion can cause multiple work-related injuries, including:

  • Back injuries
  • Bursitis
  • Carpal tunnel syndrome
  • Degenerative disc disease
  • Emotional injury
  • Epicondylitis
  • Hearing loss
  • Knee injuries
  • Lung disease or occupational asthma
  • Neck injuries
  • Rotator cuff injuries
  • Shoulder injuries
  • Tendinitis
  • Tenosynovitis
  • Wrist or hand

All of these injuries can cause severe pain and impact the everyday performance of an employee, resulting in high treatment and medical costs.

Benefits for Work-Related Repetitive Use or Cumulative Trauma Injuries

You can recover benefits from the workers' compensation claim if you have sustained work-related injuries due to cumulative trauma or repetitive use. The amount of compensation depends on the severity of the injuries and how they impact you. However, the common benefits recovered in these claims include:

  • Payment of medical bills
  • Permanent Partial Disability (PPD)
  • Permanent Total Disability (PTD)
  • Temporary Partial Disability (TPD)
  • Temporary Total Disability (TTD)
  • Vocational rehabilitation maintenance
  • Vocational rehabilitation training

Since the process of filing a workers' compensation claim is complex, it is wise to consult a workers' compensation lawyer to assist with your case.

Occupational Illness and Workers' Compensation

All workers' compensation claims aren't about injuries on the job due to slip and fall incidents or other accidents. Occupational diseases and illnesses are also covered under California law. However, the employee must prove that the illness has been work-related to get the rightful compensation.

If you are suffering from an occupational illness, you must consult a workers' compensation lawyer to assist you with the occupational disease claim. This is crucial since it can be challenging to prove the disease or illness was caused by work-related activities.

The dedicated and qualified workers’ compensation lawyers at The Law Office of Andrea R. Herman in Los Angeles, CA, can gather evidence and proof that your illness was work-related. Our legal team can ensure you receive respectful compensation for the occupational disease and related issues you are suffering.

Understanding Occupational Diseases

Before you file a claim, knowing what classifies occupational diseases is essential. Occupational diseases are illnesses or diseases caused because the worker has been performing certain tasks and environments at work. The occupations with higher occupational diseases risk are as follows:

  • Healthcare: Healthcare professionals, like nurses and doctors, are exposed daily to contamination and contagious illnesses and diseases.
  • Factory and Construction Work: The workers have to deal with heavy materials and are at risk of slip and fall accidents or blunt impacts from heavy objects. They are also at a higher risk of hearing loss since they are exposed to high volumes of machine noises.
  • Cleaning Occupations: Irritant or allergic dermatitis are common diseases in these occupations, like hotel cleaning services, dish washers, and launderers, since most of them require close contact with chemical agents.

Benefits for Occupational Disease Workers’ Compensation Claims

If you suffer from occupational diseases, you can recover multiple benefits through the workers’ compensation claim in Los Angeles, CA. While these depend on the severity of the disease and symptoms, the benefits commonly recovered include:

  • Medical expenses
  • Future rehabilitation or treatment costs
  • Income loss
  • Loss of future wages
  • Vocational training or retraining
  • Full or partial, permanent or temporary disability

When is the Right Time to File an Occupational Disease Claim?

If you have been suffering from a disease or an impairment caused due to the work environment, or while performing work duties, you must immediately file a workers' compensation claim. According to California law, you must report occupational disease within 30 days of finding out you have a work-related illness or lose the right to file the claim.

Not reporting the illness to your employer can damage your chances of recovering the workers' compensation benefits. Therefore, you must consult an expert lawyer to help you file the case.

Psychiatric Stress & Workers' Compensation

Psychiatric/stress injuries caused by work can have a long-lasting impact on workers. These disorders and injuries can significantly impact all aspects of their life, making it difficult for them to perform routine functions.

If you are dealing with mental health issues due to your work duties or environment in California, you can recover benefits by filing a workers' compensation claim. California is among the few states that include psychiatric injuries in the workers' compensation policy. However, these claims are rather hard to prove since they get routinely denied by insurance companies and employers.

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Therefore, having a dedicated team of lawyers establishing a case and filing the claim on your behalf is integral. The Law Office of Andrea R. Herman can help prove that your psychiatric injuries were caused by the work environment and pressure at your workplace in Los Angeles, CA.

What Mental Health Injuries are covered in Workers’ Compensation in California?

To recover benefits through workers' compensation for psychiatric/stress injuries, it is essential that the job or environment of the worker is the primary cause. There are several mental health disorders and injuries covered under the workers' compensation policy, including:

  • Anxiety disorders
  • Depression
  • Post-Traumatic Stress Disorder (PTSD)
  • Stress

Psychiatric disorders and injuries can be challenging to prove, unlike physical injuries caused at work. The mental health of the worker has to be so severe that it disrupts the ability of the worker to perform their job.

Proving Psychiatric/Stress Injuries

California law allows employees to claim for psychiatric injuries under the workers' compensation, but it is integral to meet the following requirement to recover the benefits:

  • Proof of a minimum of three months' work history with the employer
  • Having the mental health diagnosis included in the DSM-IV
  • Proof that the work environment or duties caused at least 51% of the condition
  • Condition resulting from litigation processes are not applicable
  • Claim filed before the worker receives the termination notice or is terminated unless their employer was aware of their condition

One major example of psychiatric work-related injury is employees being held hostage at gunpoint at the store in a robbery attempt. This can cause PTSD, which can affect the performance of the employees. Stress caused by receiving negative feedback from an employer due to low performance is not a base for the workers' compensation claim.

Since these cases can be complex, consulting a workers’ compensation lawyer is necessary to ensure you have a strong case before filing a claim.

Navigating the California State Workers' Compensation Act

California Workers’ compensation act covers employees who sustain injuries or illness while performing their work-related duties. In California, this law was implemented in 1910 and has been a no-fault system. This indicates that the workers are not obliged to prove illness or injuries were caused due to the fault of others to recover compensation.

However, proving that the injuries or illness is work-related can be challenging, mainly because the employer's insurance company gets involved. Getting assistance from the best workers' compensation attorney in Los Angeles, California is crucial before you file a claim.

The Law Office of Andrea R. Herman has a team of dedicated workers’ compensation lawyers who are well-versed in the guidelines and laws in California. Our best workers' compensation attorney in Los Angeles, CA, can help you create a strong claim by gathering evidence and proving the injuries are work-related, ensuring you get the appropriate compensation.

What is California State Workers' Compensation Act?

This is a no-fault act for illness or injuries related to employment, whether they are disabling conditions or specific diseases or injuries. All employers in California are required to offer workers' compensation benefits to their employees.

Under the labor code section of Californian law, all businesses with more than one employee must provide coverage for workers' compensation. The coverage also covers part-time employees.

Eligibility of California State Workers' Compensation Act Benefits

If you are injured at work or suffer from an illness caused by work conditions, you might be entitled to the benefits of the California Workers' compensation act. The employer or their insurance company offers these benefits to the injured workers. All employers in California, with some exceptions, are obligated to provide workers' compensation act.

In order to be eligible for this compensation, you could sustain injuries or disease at work or while performing work-related activities. You might suffer from:

  • A one-time event at work, like sustaining chemical burns, getting injuries in a slip and fall accident, or getting involved in a car accident when making deliveries.
  • Prolonged exposure, like experiencing hearing problems due to continuous loud noises at work, hurting your back, hand, or other body part making repetitive motions.

This act also provides coverage for injuries or conditions that are stress-related. However, this is harder to prove in many cases. The workers' compensation might not cover injuries or diseases reported after the employee has been laid off or notified of the termination. For civilian contractors working overseas under U.S. government contracts, benefits may be available under the Defense Base Act, which provides specialized coverage for injuries sustained abroad.

Available Benefits for California Workers' Compensation

The five major benefits offered to injured workers through workers' compensation in California are as follows:

  • Medical Expenses: The cost of medical care for your injuries or illness is paid by the employer or their insurance company. This includes doctor visits, travel costs, surgery, medicines, tests, and other reasonable expenses.
  • Temporary Disability Benefits: Compensation is provided for lost wages due to missed work because of work-related injuries.
  • Permanent Disability Benefits: Compensation is provided for loss of wages in case work-related injuries result in permanent mental or physical issues.
  • Supplemental Job Displacement Benefits: The expenses for skill enhancement or retraining when you receive permanent disability benefits.
  • Death Benefits: Compensation is provided to your spouse and dependents if work-related injuries result in your death.

When should you apply for California State Workers' Compensation?

It is crucial to instantly report work-related injuries to your employer when you get injured. In case of a disease, you must notify the employer as soon as you discover the condition might be connected to your job. Here are the steps you must take:

  • Inquire about the claim form from your employer
  • Complete the fields that are applicable to you and sign the form
  • The employer will fill out the remaining form

In case the employer refuses to provide you with the claim form, then you must consult a workers' compensation lawyer. If you have recovered certain benefits through this act, but the condition worsens, you can re-open the case to increase the number of benefits.

Statute of Limitations

According to the California state workers' compensation act, you must alert your employer about your workplace injury within 30 days. In case you need to re-open the case due to your conditioning worsening, you can do so within five years of the date you sustain the injuries.  

Failing to follow the statute of limitation means you won't be entitled to file a claim for workers' compensation.

Consequences for Employers Not Offering California State Workers' Compensation

Employers who neglect to provide their employees with California state workers' compensation are in violation of the labor code. This means that a stop order can be issued against the employer by the Labor Standards Enforcement Division.

The stop order results in the immediate closing of the business operations until the employer purchases the workers' compensation insurance. Additionally, the employer might also be fined.

It is vital for employers to understand that not providing workers' compensation coverage is considered a criminal offense. This can lead to one or both of the following punishments:

  • Jail time for up to a year
  • A penalty or fine that is double the cost of workers' compensation premium.

If the employer isn't insured and an employee gets ill or injured due to work, the employer must cover all the treatment expenses. The injured worker also has the right to filling a civil action claim on top of the workers' compensation claim against the employer.

Mistakes to Avoid When Filing Workers’ Compensation Claims

Even the most minor error in the claim can result in a loss of benefits. Here are some commonly made mistakes that you should avoid when filing a workers' compensation claim:

  • Failing to file the report within the statute of limitation
  • Making mistakes in the claim form
  • Not selecting your preferred health providers
  • Neglecting to follow the recommended treatment
  • Accepting the first offer of settlement without consulting a lawyer
  • Neglecting to appeal denied treatment and care

The workers’ compensation claim can be a complex process, which is why hiring the best workers' compensation attorney is integral. Employees of military base exchanges and other similar entities may be entitled to benefits under the Non-Appropriated Funds Instrumentalities Act, which provides compensation similar to traditional workers' compensation laws.

Consult an Experienced Workers’ Compensation Lawyer in California

If you or your loved one have sustained injuries due to work-related duties, you must file a workers' compensation claim. However, the claim process can be complex since you must prove that the injuries were caused at work to get the benefits. The Law Office of Andrea R. Herman in Long Beach, CA, can assist you in filing the workers’ compensation claim on your behalf and ensure you get the benefits you rightfully deserve for the injuries. Call us today to book an initial consultation.

Frequently Asked Questions

What should I do if my Long Beach employer refuses to report my workplace injury?

If your employer in Long Beach refuses to report your injury, it’s important to act quickly. California law mandates that employers must provide a Workers' Compensation claim form within one working day of learning about an injury. If this doesn’t happen, a Workers' Compensation attorney can help you file the necessary paperwork independently and hold your employer accountable. Taking swift legal action may also protect you from retaliation.

How is temporary disability calculated in California Workers' Compensation cases?

In California, temporary disability payments are calculated at two-thirds of your average weekly wages, subject to state-set minimum and maximum limits. This benefit helps support injured workers in Long Beach who are unable to return to work while recovering. Because calculations can be misapplied, having an attorney review your wage history and payment breakdowns ensures you're receiving what you legally deserve under Workers' Compensation laws.

How can I get help with my Workers' Compensation case in Long Beach?

If you've been injured at work, don’t try to handle the process alone—reach out to us for help. Our experienced Long Beach Workers' Compensation attorneys will guide you through every step of the process and fight for the benefits you deserve. If you're ready to take action, contact us today.

Additional Information in Long Beach, CA

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