Free Consultations 408-848-1113 En Español
Recent Blog Posts
What Should I Know about OSHA in California?
The world is certainly an interesting place. On the one hand, with smartphones and so many apps available, we have access to limitless knowledge at our fingertips. With this knowledge comes awareness of potential threats and ways to avoid them, which can help improve lives. On the other hand, all this technology and information has not changed the fact that life can sometimes be risky and you can get injured doing any number of things. For example, you can mind your business and go to work to get your job done but end up getting severely hurt in your workplace. Construction work, office work, and everything in between can pose some sort of potential threat of injury. If you get injured at work, you might be entitled to a workers’ compensation claim. If you have not been injured but are concerned about potential dangers at your workplace, a knowledgeable San Benito County, CA workers’ compensation lawyer can explain how the Occupational Safety and Health Administration (OSHA) works to protect you.
Retaliation in California Workers’ Compensation Cases
Employers in California are not legally permitted to retaliate against any employers who file workers’ compensation claims. In other words, employees cannot be punished for filing a claim if it is valid and filed in good faith. Employees also cannot be discouraged from filing such a claim. However, some employers might try to threaten their employees to discourage them from filing such claims. If you believe your employer is retaliating against you after you filed a worker’s compensation claim, you should speak with an experienced Morgan Hill, CA workers’ compensation lawyer to arm yourself with the information you need to be empowered in your case.
What Constitutes Retaliation?
If an employee comes forward with a workers’ compensation claim and their employer does something to either make them rescind their claim or punish them for submitting it, this might be considered retaliation. Examples of retaliation include:
Can Pre-Exisiting Conditions Affect Workers' Comp Claims?
Workers who have a legitimate workers’ compensation claim often decide not to file it for several reasons. They might worry that their employer will harass them or retaliate. Maybe they think it would be too complicated and involved to try to prove their claims. This can be especially true for people who have pre-existing conditions and worry that they would not be able to prove that those conditions got worse as a result of their work. However, if they do not come forward, their condition can continue to be exacerbated until they simply cannot work anymore. If you are in a similar situation, an experienced Morgan Hill, CA workers’ compensation lawyer can advocate passionately for your rights.
Pre-Existing Conditions and a Workers’ Compensation Claim
When someone fully able-bodied is injured in a work-related accident, this is not particularly difficult to prove, especially when there are eyewitnesses. It can be more difficult to demonstrate how your work aggravated a pre-existing condition. However, there is an important distinction between what is difficult and what is impossible. These claims can still be argued successfully and if so, can have a significant impact on the life of the person who filed the claim.
Appealing a Neck Injury Claim at Work
You may have the right to appeal if you suffered a neck injury at work and had your workers’ compensation claim denied. The appeals process can seem daunting, but understanding the steps involved can help you effectively argue your case. A California workers’ compensation attorney can also help figure out the potential of your claim.
How Neck Injury Claims Are Evaluated
When you file a neck injury claim in California, the Workers’ Compensation Appeals Board (WCAB) analyzes your claim based on various factors. They determine if the injury occurred within the scope of employment and if enough credible medical evidence supports an injury serious enough to warrant compensation and treatment.
If the WCAB denies your claim due to lack of evidence or because they feel the injury falls outside work duties, you can challenge the decision through an appeal. As you prepare your appeal application, keep these evaluation criteria in mind.
Office Injuries in California Workers' Comp Cases
Working in an office may seem safe, but employees can still suffer injuries on the job. Under California workers’ compensation laws, employees have the right to file a claim if they sustain an injury because of their work. You should be aware of some common types of office injuries that may be eligible for workers’ compensation. If you find yourself in one of these situations, a California workers’ compensation lawyer can help you figure out the process.
Repetitive Strain Injuries
Repetitive tasks like typing, using a mouse, photocopying, filing, and more can lead to painful repetitive strain injuries (RSIs) over time. Common RSIs include carpal tunnel syndrome, tendinitis, trigger finger, and more. The pain, numbness, and loss of function associated with these conditions can interfere with your work. You may file a claim if an RSI was caused or exacerbated by your normal work duties.
What to Know About Workplace Hearing Loss Injuries
Losing your hearing can be a devastating experience that profoundly impacts your quality of life. If you lose your hearing because of loud noise exposure in your workplace, you may have legal options to pursue compensation and hold your employer accountable. A California workers’ compensation lawyer can help you with the steps you can take if you lose your hearing because of workplace noise.
Report the Hearing Loss to Your Employer
The first step is to report your hearing loss to your employer promptly. Inform your supervisor and the human resources department in writing about the hearing difficulties you are experiencing and their possible connection to noise in your workplace. Specify what kind of loud noises you are regularly exposed to and for how long each day. Provide copies of any medical examinations or audiograms conducted by your doctor showing evidence of noise-induced hearing loss. Thorough documentation is crucial in proving your side of the story. Under California law, employers must report workplace injuries or illnesses to the state Department of Industrial Relations within five days. So, your prompt notification will ensure compliance with reporting requirements.
What to Do About Severe Burn Injuries as a Firefighter
As a firefighter, you put your life on the line daily to protect people and property. However, this brave service comes with serious risks, including sustaining major burn injuries. Severe burns can be excruciating and result in disfigurement, disability, or even death. If you suffer a serious burn as a firefighter, you must take immediate action to mitigate damage and get the help you need. A California workers’ compensation lawyer can help you determine the next step for your specific situation.
Report the Incident
After seeking initial treatment, report the burn incident to your supervisor. Provide details like where and how it occurred, injuries sustained, and medical actions taken. Thorough incident reporting creates a record in case you need to file workers’ compensation or liability claims later. For severe burns that require extended hospitalization or time off work, reporting is a must. Make sure the incident is documented correctly according to department protocols.
Common Types of Occupational Hazards in Healthcare
Healthcare personnel work tirelessly caring for the public's health, often putting themselves at risk. Knowing that you have rights when you experience occupational hazards is beneficial. A California workers' compensation lawyer can help determine if you have a potential case.
Exposure to Infectious Diseases
Working closely with sick patients makes healthcare employees more vulnerable to infectious illnesses from airborne or fluid and blood-borne pathogens via respiration, needle sticks, mucous contact, etc. Personnel can develop severe infectious diseases on the job without proper administrative controls, personal protective equipment, or immunization.
Musculoskeletal Injuries
Healthcare settings commonly lead to sprains, strains, and tears involving the muscles, tendons, joints, and spinal discs. The main culprits include repetitive motion from administrative computer work, heavy lifting and repositioning of patients, frequent bending, twisting, long periods of standing, and rushing. Back pain and injury are some of the most common types of injuries associated with healthcare jobs.
Do You Have a Case If Your Asthma Got Worse at Work?
If you experience asthma attacks or worsening symptoms while performing job duties, hazardous workplace exposures likely cause respiratory impairment. Under California law, employees may file workers’ compensation claims if employment environments provoke or exacerbate asthma. Successfully holding employers accountable involves documenting evidence. This can be a complex case as it can be tricky to prove. A California workers’ compensation lawyer can help you put together a solid case if you have the evidence.
Identify Triggers At Your Work Site
Track specific asthma irritants around your workstation, facilities, or off-site meetings. Common triggers include chemical fumes, dust, gases, dangerous air particulates, extreme temperatures, high humidity, and strong scents. Also, note any direct correlation, observing that symptoms flare up on-site but improve away from work. Vivid trigger confirmation builds persuasive cases. You can check with co-workers and see if anyone else exhibits the same symptoms or similar.
Experiencing Discrimination at Work? Take These Steps
Workplace discrimination remains an ever-present reality for employees in California and nationwide. State and federal laws protect against biased treatment based on race, gender, age, disability, religion, and other factors. Yet many employers ignore legal safeguards, undermining equal opportunities and fundamental rights. If you face discriminatory actions at work, knowing you have rights is important. You deserve to fight back against injustice. You do not have to do this alone; a California lawyer can help you.
Recognize Discrimination
The first step entails identifying discriminatory behavior when it occurs. Pay attention to any hiring decisions, promotions, assignments, firings, pay rates, harassment, accommodations, or other terms and conditions affected by your membership in a protected class. While isolated incidents might stem from misunderstandings, pervasive patterns almost certainly show illegal prejudice. Track each occurrence alongside witnesses and evidence. Documentation creates indispensable proof of discrimination necessary for legal action.
Our Experience.
Your Recovery.
If you are facing challenges with a workers’ compensation claim, reach out to Raul Martinez Injury Law Firm today. You will receive clear guidance, steady support, and an advocate who understands how much this moment matters. Call 408-848-1113 to get the help you need.
