Katzakian Law P.C.Workers Compensation Attorney | Work Injury Lawyer2024-03-12T14:08:32Zhttps://www.attorneybo.com/feed/atom/WordPress/wp-content/uploads/sites/1503855/2021/07/fav-75x75.pngOn Behalf of Katzakian Law P.C.https://www.attorneybo.com/?p=541272023-08-29T15:58:54Z2023-08-29T15:58:54ZThe law is on your side
Under California workers' compensation laws, every worker can receive benefits. Immigration status plays no role in determinations. Furthermore, employers cannot use your status to intimidate you into not filing a claim.
The employment relationship is key
Workers' compensation hinges on the employment relationship rather than citizenship. The right to benefits under the system extends to all workers, including temporary, seasonal, part-time and undocumented employees. It also encompasses all types of jobs, including manual labor, office settings, healthcare or any other field. In addition, new employees qualify for workers' compensation benefits because duration of employment is not a factor.
On the other hand, workers who are not employees but work as independent contractors do not have the right to benefits. This employment category is a special arrangement in which the worker is working for him or herself and not the employer. Therefore, the employer does not have to provide any type of benefits.
The bottom line is that your immigration status has no bearing on your eligibility for workers' compensation. If you suffer a work injury, make sure to report it to your employer right away.]]>On Behalf of Katzakian Law P.C.https://www.attorneybo.com/?p=541262023-07-06T03:46:29Z2023-07-06T03:46:29ZThe nature of the injury
One element that varies between workers’ compensation and personal injury claims is the nature of the injury. If your injury results from a work-related accident or occurred on the job, that typically qualifies as workers’ compensation. Injuries such as a car accident or a slip-and-fall injury not related to your work is a personal injury claim.
The consideration of fault
Another difference between workers’ compensation cases and personal injury claims is the element of fault. Workers’ compensation claims rely on a no-fault system, where your employer has no requirement to accept fault nor do you need to prove negligence. A personal injury claim requires evidence of negligence, so you must prove that the other party is at fault for your injury.
The compensation available
The compensation resulting from personal injury versus workers’ compensation claims also varies. Workers’ compensation only covers medical costs and lost income. Personal injury cases may include punitive damages or pain and suffering compensation.
Consider these differences as you assess your injury and decide which claim is right for you. If your injury happened on the job and resulted from work-related activities, that qualifies for workers’ compensation coverage. Otherwise, you might have a personal injury case.]]>On Behalf of Katzakian Law P.C.https://www.attorneybo.com/?p=541252023-05-12T19:41:06Z2023-05-12T19:41:06ZRed flags to pay attention to
You cannot assume that the insurance company has your interests and health in mind when paying out your claim. While your employer may care about getting you back to work and making sure you get the treatment you need, the worker’s comp provider often wants to pay out as little as possible. Here are some common signs that the insurer is manipulating your benefits.
They deny or limit medical treatment or therapies past a certain financial threshold.
They deny payment for prescriptions.
You receive notice of termination from your employer.
The insurer denies payment of wages or undercalculates wage payments.
The insurer-chosen doctor provides minimal care or follow-up and downplays your medical condition in reports.
Under state rules, the workers’ comp provider is able to choose your doctor for the first 30 days after first making the claim. If they fail to select a doctor, you have the right to choose your own provider.
Stand up for your rights
Workers’ compensation is a valuable benefit that can keep you on the path to healing and financial stability while you recover from a workplace injury. Pay close attention to your claim to ensure the insurer does not violate your rights.]]>On Behalf of Katzakian Law P.C.https://www.attorneybo.com/?p=541222023-03-07T01:12:30Z2023-03-07T01:12:30Z1. You receive less praise for your work
One subtle retaliation tactic is to stop praising your good work. You may notice other employees receiving positive feedback for their work when you do not, or your employer may single out others and avoid praising you for a group project.
2. They assign you fewer tasks
Have you seen a downtick in assignments since your workplace injury? You may notice they started assigning tasks that were typically yours to other employees. Employers will sometimes use this tactic to phase out your position with the company.
3. Your co-workers are less friendly
Sometimes retaliation trickles down through the company. You may notice other employees changing the way they interact with you. When it feels like the entire company is against you, it can be a sign that your employer talks with other employees behind your back, creating a hostile work environment and trying to push you toward leaving.
4. They pass you over for promotions
One of the more apparent tactics includes passing on you for promotions you clearly earned. There is a natural progression in the workplace. If you have all the qualifications for promotion and were an obvious choice, it can clearly indicate retaliation.
If you believe your employer is guilty of retaliation, they are accountable for those actions.]]>On Behalf of Katzakian Law P.C.https://www.attorneybo.com/?p=541212023-01-10T20:00:50Z2023-01-10T20:00:50ZLessen repetitive actions
It is a common misconception that performing the same motion is always the primary cause of CTS. In reality, genetics often bears the most blame. That said, repetitive behaviors could worsen the problem.
Strumming a guitar, typing and operating construction equipment may cause nerves to pinch. Get into the habit of taking breaks every 15 minutes when engaging in such activities. Increase blood flow by wiggling fingers and flexing wrists during rest periods.
Use splints
Straightening wrists helps reduce pressure on median nerves. Thus, wrist braces can be part of the solution. Symptoms of CTS are often worse at night, so wear them to bed. Daytime usage is savvy, as well. This is especially true if that is when the triggering movement happens most.
Wear gloves
Cold increases pain and stiffness. Consider donning gloves at all times, even when indoors. Choose ones that allow for everyday hand motions. That way, you may still take care of daily responsibilities and engage in any hobby you desire. Combine them with hand warmers for an extra boost of heat.
Curing CTS through medical intervention can be a costly and painful experience. Explore time-tested home remedies before agreeing to go under the knife.]]>On Behalf of Katzakian Law P.C.https://www.attorneybo.com/?p=540262022-09-12T23:00:40Z2022-09-12T23:00:40ZWhat causes the most frequent airline worker injuries?
No airline job is entirely risk-free, and some positions carry a higher chance of injury. A few of the most common causes of injuries in various airline positions are:
In-flight crew - turbulence, burning liquids, and exposure to multiple illnesses
Ground control - loud noises, slippery pavement, and moving vehicles
Baggage handlers - heavy lifting, loud machinery, and repetitive movements
While safety equipment helps prevent many of these injuries, sometimes accidents are unavoidable.
Are certain injuries more common?
The airline industry's quick pace and physical demands can lead to several common injuries. While no two injuries are the same, most fit into the following categories:
Workers' compensation might cover treatment for any of the above injuries.
What benefits can injured airline workers receive?
Injured airline workers must notify their employers about any injury sustained on the job. Employers can then file the necessary workers' compensation paperwork. Once approved, workers' compensation should cover the cost of medical care and lost wages.
Workers' compensation is available to all airline employees regardless of where they travel. Knowing benefits are available for injured workers may encourage employees to file a claim with their employer's insurance.]]>On Behalf of Katzakian Law P.C.https://www.attorneybo.com/?p=540162022-08-05T20:31:18Z2022-08-05T20:31:18Zworkplace injury if the nature of your work is a contributing cause to that injury. You can protect your rights to compensation by knowing how to prove when your job contributes to a serious injury.
Be aware of contributing causes
The California Code of Regulations states that an employer must deem an injury to be work-related if the job or work environment contributes to an injury or aggravates a pre-existing condition. This can apply to repetitive strain injuries which can build up over the course of both your work and personal life. Jobs that involve lifting with your back, operating vibrating machinery, or typing on a keyboard can all contribute to physical stress conditions.
Know what evidence to collect
Your employer might try to deny your workers' compensation claim unless you can provide evidence that your condition is work-related. Consulting with a doctor and receiving a diagnosis that specifies tasks that can worsen your condition is a great first step. You might also start keeping accurate records of how much time you spend performing contributing motions and collecting testimony from your coworkers.
You deserve to receive workers' compensation for an injury that occurs at work, even if your job is not the sole contributing cause to your condition. Being aware of your rights and the evidence at your disposal is the best way to make sure you get the financial support you need.]]>On Behalf of Katzakian Law P.C.https://www.attorneybo.com/?p=534052022-03-11T21:11:00Z2022-03-11T21:11:00ZHeart problems and PTSD
Here are some of the overlooked physical and mental health hazards faced by public safety workers:
Respiratory and heart problems: Firefighters may inhale smoke and chemicals that may severely damage their lungs and esophagus. Working conditions that may include tremendous physical exertion, excessive stress and tension may lead to heart issues.
Musculoskeletal injuries: A great amount of physical work may gradually or abruptly lead to injuries to head, neck, back and shoulders. Falls from ladders, trauma from a motor vehicle collision, lifting people onto stretchers and into ambulances along with physical altercations with criminal suspects are scenarios in which such injuries may happen.
Post-traumatic stress disorder (PTSD): What happens on the job often leaves an indelible impression on public safety workers, who may carry around this pressure and stress for a long time. These are jobs that can drastically affect a person’s mental health.
Infections and diseases from bloodborne pathogens: The COVID-19 virus has had many public safety workers concerned in the past two years. But these workers have faced exposure to infections and diseases for quite some time. Blood, saliva and other bodily fluids from patients and suspects may contain pathogens that include HIV and hepatitis.
Public safety workers have a firm awareness of these dangers. Proper protection, training and understanding from others are essential.
Risks that may shorten their careers
The job-related hazards of public safety workers just may shorten their careers. They face many hazards and risks that the typical worker has no idea exist. Many of these overlooked dangers may lead to extreme health consequences.]]>On Behalf of Katzakian Law P.C.https://www.attorneybo.com/?p=533822022-11-07T23:47:52Z2022-01-10T22:50:07Zcertain common reasons for denial, including:
Procedural errors: After a work accident, it is not uncommon for the injured individual to feel flustered at the process itself. Unfortunately, mistakes in documentation, information errors and missed deadlines can all potentially lead to a delayed or denied workers’ compensation claim.
The employer disputes the claim: While this does not always happen, the employer could claim the injury is not work-related. The employer might claim the injury initially happened outside of work or was the result of horseplay or gross negligence.
The employee fails to provide sufficient evidence: Like the previous item, to ensure the strength of the claim, the worker must provide sufficient evidence that the injury happened at work. If the claim is denied on this basis, the employee could seek another medical exam or provide additional evidence.
The injury is deemed non-compensable: While it might seem obvious to the worker that the accident occurred while on the job and the injury is covered by workers’ compensation, the governing body might disagree. Certain injuries, such as those related to work stress, can be difficult to prove and might require additional information and medical statements.
Fortunately for many injured workers, a denial isn’t always the final answer. The claim process has the potential for an appeal built directly into the procedure. A successful workers’ compensation benefits appeal might require additional documentation, supplemental information or a clarification of the original data. It is wise to seek the guidance of an experienced workers’ compensation attorney as the appeals process will likely hinge on complex facts and dense medical information.]]>On Behalf of Katzakian Law P.C.https://www.attorneybo.com/?p=533312023-12-27T11:27:26Z2021-12-08T19:18:01ZSpotting inhalation injury
Inhalation injuries are not exclusive to fires. You can suffer inhalation injuries from exposure to chemical fumes and small dust-sizes particles. These injuries tend to come with symptoms such as:
Cough
Shortness of breath
Wheezing
If you work in a place with potential inhalation hazards, you must talk to your employer and seek care for your symptoms since these injuries can worsen without treatment.
Do other people have to have symptoms?
There do not need to be other people at work with inhalation injury symptoms for you to have a workers’ compensation claim. Smoke, chemical fumes and other toxic inhalants can impact everyone differently. Also, your other coworkers may not be aware of the cause of their symptoms.
Inhalation injuries can cause long-term damage and require substantial treatment, so it is important to talk to your employer about your exposure and get appropriate medical treatment. If a hazard at work caused your injury, you may be entitled to benefits that could support your treatment and recovery.]]>