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Van Nuys Workers' Compensation Law Blog

How to file a case to the denial of your claim

For most of us, it is disappointing to be informed that our workers' compensation claim has been denied. It is not unusual for the employer or the employer's insurance service providers to dig up causes for rejecting that the victim was really an employee, or the injury took place at work. However, if you believe that your compensation benefits have been turned down incorrectly by your claims administrator or the insurance service provider, you have the right to challenge the denial. You can file an appeal at one of the division's 24 offices and a workers' compensation administrative law judge would hear your case.

But to begin with you should know why the claim was denied. This is the primary thing that every employee requires to understand. There can be many reasons for it. It could be denied for merely not matching the eligibility norms, for example getting injured while away from work. It can also be for lots of other reasons such as the accident not reported in time, claim not filed within stipulated time, no medical treatment received for the injury and lack of sufficient evidence that the injury occurred at work.

SCOTUS rules against employees banding together

In situations in which a worker is injured while fulfilling their job responsibilities, the injured worker is almost always the most vulnerable party. Most workers do not have the means or resources necessary to advocate for themselves against the deep pockets of their employer. 

While it's no secret that injured workers are often left with crippling medical expenses and a loss of income, the U.S. Supreme Court recently ruled against injured workers banding together to file class action lawsuits to collect the compensation needed for them to move forward.

One killed, another severely injured in Port of LA accident

Loss of a loved one is one of the most difficult experiences of life. Accidental deaths are all the more upsetting. Because of this, keeping in mind the safety of their workers and staff, company owners and employers put into practice various safety rules and policies to avoid workplace injuries or accidents. However, regardless of all of these warnings and safety cautions, sometimes accidents cannot be prevented.

Recently such a case happened in Port of Los Angeles in which one worker was killed and another seriously injured. The unfortunate incident occurred when a large tire, part of a top loader container handler, exploded, according to a report. Top loaders are the part of heavy equipment that is used for shifting shipping containers and heavy materials on the docks. The explosion took place while both men were working on the tire. It was not clear what exactly the reason was behind such a huge blast. An investigation has started by agencies such as Occupational Safety and Health Administration, the Los Angeles Port Police and other agencies, however, the authorities are tight-lipped about sharing any further information about the incident at this stage.

Two tragic deaths remind us of the dangers of electrocution

While it is accurate to say that workplaces in general are much safer than they used to be, some hazards never go away. One of the most dangerous and deadly on-the-job hazards continues to be electrocution. According to The Electrical Safety Foundation International (ESFI), contact with or exposure to electricity was the sixth leading cause of workplace deaths between 2003 and 2017. And of all electrical injuries suffered during that time, just over half (54 percent) involved workers in the construction industry.

Electrical exposure can happen in a variety of ways. But among those who work outside, accidental contact with power lines is a hazard that cannot be taken for granted. Earlier this month, in fact, two workers in one state were killed in separate incidents involving power lines.

The reality of first responders experiencing work-induced PTSD

When you think of post-traumatic stress syndrome (PTSD), you probably imagine the victims of severe crashes, military combat survivors, refugees, etc. However, did you know that many first-responders also experience PTSD because of doing their job? It is a reality for many workers whose job entails keeping a person alive, which doesn’t always happen.

Not many people realize the trauma emergency medical treatment (EMT) personnel experience when they feel they have failed a person and their loved ones. Situations of extreme need often raise emotions and the desire to help and to save those who are suffering. But workers also need to preserve and protect their mental health when faced with catastrophic work situations.

Your rights and staying safe in the workplace

You probably know that you have many rights as a California worker, including the right to a reasonable expectation of safety in the workplace. Employers have to provide certain things to employees in order to prevent accidents and allow workers to do their job as safely as possible. It may be in your interests to learn about all of the rights available to you.

You have rights as a worker that help keep you safe. When you experience a violation of these rights, it is not just an inconvenience; it can be a threat to your personal safety and well-being. You may want to learn more about what you can expect, how to protect your interests and what to do in the event of a workplace accident.

Simple steps for preventing construction falls

If you work in construction, you know one thing for certain: you do not want to fall. Falling from a height during a construction project is one of the most common causes of death among workers and continues to happen more frequently than any other type of accident.

You may be fortunate that you have not fallen or witnessed the death or injury of a co-worker who fell from a height. However, if your California employer fails to provide protective equipment or training to prevent falls, your chances of falling increase.

Taking the right steps after a workplace injury

If you suffer an injury on the job, you may feel fortunate that your California employer carries workers' compensation insurance. A successful claim means coverage for your medical bills, lost wages, rehabilitation and other expenses, which can protect you and your family from falling into financial crisis while you recover.

However, you may be uncertain how you can claim the benefits you deserve after a workplace injury. Taking the proper steps is critical to avoid missing out on the essential coverage workers' comp offers. Your employer should have information about this process readily available to you so you know what you can expect from the moment you suffer an injury or work-related illness.

What is knee bursitis?

If you have a job in California that requires frequent kneeling and/or squatting, you may be at risk for developing knee bursitis, a painful condition that can limit your ability to work due to decreased mobility. 

According to the Mayo Clinic, a bursa is a small, fluid-filled sac that provides cushioning and reduces friction between your bones and the soft tissues of your knee, including muscles, tendons and skin. There are several bursae situated around your knee for this purpose. Frequent and prolonged pressure on your knee can cause one or more of the bursae to become inflamed, resulting in symptoms such as pain, swelling, tenderness and warmth. People who work in jobs like gardening or carpet-laying that require frequent kneeling are at greater risk for developing knee bursitis, as are people whose work involves strenuous activity. 

Moving patients a common cause of injury in health care

As one of more than a million California residents who currently earn a living working in health care, you probably understand that experiencing job-related aches and pains is incredibly common in your line of work. At the Law Offices of Hussain & Gutierrez, we recognize that many health care-related injuries result from relocating immobile patients, and we have helped many nurses and other health care workers who experienced back and other work-related injuries pursue appropriate recourse.

According to Healthcare Business & Technology, one of the most significant threats facing today’s nurses, nursing aides and other health care workers is one that often receives little attention from employers: moving heavy patients. So many health care workers suffer serious injuries caused by moving patients, in fact, that this has become one of the most substantial health hazards faced by today’s health care workforce.

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