The post Line speed and safety in the poultry processing industry appeared first on Hussain.
]]>There are various different types of workers’ comp benefits workers can receive under California’s workers’ comp system. Examples include medical benefits, disability benefits and lost wages. However, not every hurt worker is in the exact same situation regarding what benefits they qualify for. Rather, what specific benefits a worker would be eligible for depends on the specifics of the workplace injuries they suffered. Experienced workers’ compensation lawyers can help injured poultry workers in California with understanding what workers’ comp benefits they may be likely to qualify for and with factoring such information into their approach regarding workers’ comp claims they pursue.
Given the harms that can come out of workplace injuries in the poultry processing industry, it may not be surprising that safety issues can be a major player in debates related to this industry.
One debate that is currently occurring regarding this industry is a debate over line speeds. Under current federal regulations, the maximum speed lines at poultry processing plants can run at here in the U.S. is 140 birds per minute. The debate is over whether this maximum allowed speed should be raised.
Worker safety is among the main issues raised by opponents of raising line speeds. Such opponents claim that there are already precarious aspects to the safety situation at U.S. poultry plants. They argue that, given this, raising line speeds could up safety risks to poultry workers.
Proponents of raising line speeds, meanwhile, argue that examples from other countries show that faster line speeds can be run while giving due regard to safety. They further argue that line speed increases could help U.S. poultry companies with staying competitive when it comes to the global market.
Among those who have joined this debate are members of Congress. One member has been calling for an increase to the line speed maximum. Others have gotten behind a recent letter discouraging such an increase.
One wonders what will happen with this debate and what implications it will ultimately have on federal policy related to line speeds and the overall safety conversation surrounding the poultry industry.
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]]>The post Can workplace noise have psychological consequences? appeared first on Hussain.
]]>A high level of noise is associated with many industries, such as law enforcement, construction, mining and military work. You don’t have to work in an extremely loud environment to suffer from noise pollution, as the Houston Chronicle explains. All it might take is a busy office or a job with occasional, regular bursts of noise to give you anxiety and other psychological problems.
For example, you might find it difficult and irritating to concentrate on finishing your deadlines if others in your office are always loudly gossiping and laughing. The constant beeping or clacking of workplace machinery, or the annoying radio station your manager insists on playing loud enough for the whole office to hear, might affect your job performance. Sudden noises might also be common in your workplace, which are not loud enough to damage your hearing but could startle you. Any of these situations might result in chronic stress, irritation, anxiety and distraction. Some workplace noises might even trigger post-traumatic stress disorder if you suffer from this condition.
It comes as no surprise that working while being chronically stressed, irritable or frightened can affect your efficiency and quality of life. A psychological disorder caused by workplace conditions may fall under workers’ compensation eligibility standards.
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]]>The post How can a brain injury affect your life? appeared first on Hussain.
]]>First, know that brain injuries don’t always manifest immediately. The symptoms you see may not be what you expect, as well. For example, brain injuries can cause more than just cognitive problems. You may actually find yourself dealing with mood changes. Depression or sudden aggressive behaviors are the most common, along with extreme and uncharacteristic mood swings.
Physical problems are a little easier to spot and many people notice them before they notice the mental or emotional changes. Physical changes can include blurred vision, problems hearing, trouble with balance, or even paralysis in some cases. You could also find yourself struggling with fine or gross motor skills, though it’s slightly more common for victims of brain trauma to struggle with fine motor control. Though rehabilitation has helped many sufferers regain these skills, many people suffer from long term damages.
Unfortunately, traumatic brain injury will almost always have an impact on your life in the short term, the long term, or both. Reading up on traumatic brain injuries may help you understand what struggles you could be facing, and learn what sort of compensation you should be looking for. For a good starting point, try looking through the information provided on our web page about traumatic brain injuries, linked above.
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]]>The post Can I be deported for filing a workers’ comp claim? appeared first on Hussain.
]]>Many undocumented workers fear that filing a workers’ compensation claim will somehow result in deportation. That worry is understandable, but not necessary. The Department of Industrial Relations in California does not even ask about your immigration status. They encourage every injured worker to file a workers’ comp claim, regardless of status.
The law says that employers may not retaliate against an employee for filing a claim. That means they cannot cut your pay, fire you or threaten to report you to Immigration and Customs Enforcement (ICE). Unfortunately, some employers do threaten their employees with retaliation if they file a claim.
If your employer has threatened you in the past or threatened your co-workers, talk to an attorney to help you with your claim. These employers count on fear to allow them to break the law and create unsafe workplaces. If they do retaliate, you may have a legal claim against them.
Everyone has the right to a safe and healthy workplace. If you have concerns about filing a workers’ comp claim after a work injury, reach out for legal help. Find a firm that understands both workers’ compensation claims and immigration laws to protect your rights throughout the process.
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]]>The post The lasting trauma of a workplace brain injury appeared first on Hussain.
]]>You may have read about celebrities or athletes who have suffered traumatic brain injuries and who made triumphant returns to the public eye. However, your spouse’s struggle promises to be much more personal and, without the financial resources of a famous person, much more difficult.
The repercussions of a brain injury can vary depending on many factors. The severity of the injury as well as the age and general health of your spouse will certainly be contributing factors in his or her recovery. These and other variables will determine how well your spouse will improve in these areas:
Therapists know that many patients are able to regain skills lost in an accident, such as language and movement, and return to their lives and their jobs. However, in the United States, 5.3 million people of all ages have physical and mental disabilities for the rest of their lives because of brain injuries.
If your spouse’s work-related brain injury means he or she may not be able to return to work, you may be concerned about your financial future. On the other hand, perhaps you are trying not to think about it. Statistics show that 60 percent of those adults who suffer a brain injury remain unemployed after two years.
Adding to the frustration of losing your spouse’s income may be the unavoidable fact that if your spouse requires treatment and rehabilitative services for the rest of his or her life, you may be facing expenses ranging from $85,000 to $3 million. You certainly want your spouse to get the highest quality care to ensure the most complete recovery possible, but how will you ever be able to afford such treatment without the benefit of your spouse’s salary?
If your spouse suffered a brain injury due to a workplace accident, workers’ compensation insurance will pay for medical expenses and lost wages. In addition, should the injury prohibit your spouse from returning to work, he or she may qualify for permanent disability benefits. Correctly filing the claim for these benefits is essential. If your spouse is hospitalized or incapacitated, you may benefit from professional assistance.
To ensure your spouse receives the maximum benefits for his or her injury, an attorney can help with every facet of a workers’ compensation claim. Communication is not a difficulty if your attorney speaks languages common in India and the Middle East.
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]]>The post What you need to know about on-the-job injuries appeared first on Hussain.
]]>Knowing what happens in the event of such an injury before it happens might make the situation at least a little less stressful. Taking the appropriate steps if you suffer an injury at work could help accelerate the claims process and get you much needed benefits.
Depending on the severity of your injuries, you or a co-worker may need to call 911. You should not wait on your primary care physician or another doctor in the event of an emergency. If your injury does not require immediate medical attention, you may seek first aid at work.
You need to report your injury as soon as possible if you are able to do so. Any delay could jeopardize your ability to receive workers’ compensation benefits. Your employer should provide you with a claim form the following business day. The business day after that, your treatment must be authorized. At this point, medical expenses up to $10,000 are authorized until your claim is approved or denied
During the course of your claim, you will see a primary doctor for your treatment. Who that doctor is depends on the following:
If your employer is not part of a HCO or MPN, and you haven’t chosen a medical group or doctor, your claims adjuster will choose the doctor responsible for your care after a work-related injury.
You may receive the following benefits after an injury at work:
If a permanent injury prevents you from returning to work or your employer can’t modify your work duties to accommodate such an injury, you may receive supplemental job displacement benefits.
Obtaining workers’ compensation benefits is not always as simple as filling out a form. You may discover that you must jump through numerous hoops to receive the help you need after a job-related injury. Even then, your employer or the insurance company may deny your claim. You may benefit from seeking the advice and assistance of a legal advocate who can guide you through the process.
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]]>The post Accusations of CBP holding asylum-seekers’ children appeared first on Hussain.
]]>The lawsuits that produced the Flores Settlement Agreement were begun in 1985 on behalf of immigrant children who, the complaint alleged, were being maltreated in United States immigration detention facilities. The parties, including the United States government, reached a settlement of the claims in 1997. In the provision that is being cited in the current dispute, the government agreed to release children from detention “without unnecessary delay.” The Agreement says that CBP should not hold children for more than 72 hours and that Immigration and Customs Enforcement (“ICE”) should not detain children for more than 20 days.
According to the lawyers who are representing migrants and their children, the government is routinely violating these terms. According to one such lawyer, asylum-seeking children are routinely held for more than 72 hours in San Diego. In other cases, the children are released after far shorter periods of detention. One of the attorneys’ objections is the apparent arbitrariness of the length of detention periods.
The Flores Settlement Agreement also requires the U.S. government to provide adequate care for children in custody, including both nutrition and health care. The government has denied the charges, saying that the government treats persons in custody with “dignity and respect” and that most individuals are in the government’s facilities for “72 hours or less.” This term is being violated almost on a daily basis because conditions have been described as horrible and because most detainees are not treated with dignity and respect.
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]]>The post Health Care Rights For Workers’ Compensation appeared first on Hussain.
]]>The most important thing you can do during that time, from the standpoint of protecting yourself financially and legally, is to know your health care rights for workers’ compensation insurance. Here is what to consider when making your case and filing for these benefits, so you can have the best chance of receiving all that is due to you.
If you predesignated a doctor, you could see them for treatment after your injury. However, if you did not have a predesignated health care professional, you will have to see one approved by the Division of Workers’ Compensation and selected by your employer.
This doctor must come from the Medical Provider Network or Health Care Organization your employer selected, but not all employers have taken this step. If your employer chooses no HCO or MPN, your doctor will be set by the claims administrator for your case. You must see that doctor for the first 30 days, and then you can choose your doctor, as long as they are reasonably close to your current location.
Alternative medical professionals such as acupuncturists and chiropractors could become your primary care provider after 30 days only if you already designated them before your injury. You are also limited to 24 visits to your chiropractor before choosing another primary provider will be required. If you did not predesignate a chiropractor or acupuncturist as part of your medical team, using them as your care provider for a workers’ compensation claim will not be possible.
It is not uncommon to have disagreements regarding your medical care. Working with a medical evaluator will help you and the claims administrator resolve any differences you have throughout the process. This is much like working with a mediator. Read any correspondence you get about your claim, and speak up if you feel there are inaccuracies. Following proper procedures, time limits, and requirements can make the entire process easier.
Do you need legal support and representation for your workers’ compensation claim? Contact us at Hussain & Gutierrez today, and get the information and guidance you are looking for. We know that an injury on the job can cause stress and uncertainty, but legal help makes navigating the workers’ compensation process easier. We want to ensure your rights are protected and you receive all the compensation to which you are entitled.
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]]>The post Workers’ Compensation Could Apply After Returning To Work appeared first on Hussain.
]]>The state-mandated coverage helps injured employees have a job to which they can return while ensuring that their employers have trained and experienced workers who can return after healing up. It also protects employers against lawsuits when workers accept the coverage in lieu of filing claims for damages. However, the jobs awaiting injured workers sometimes are not the same ones they left when injured and pay less upon their return. Workers’ comp can make up the difference.
When an injured employee returns to work, he or she is not always physically capable of resuming the old job. Reduced duties and correspondingly reduced pay might be the short-term solution. When that is the case, worker’s compensation helps to make up the difference in wages between the current job and the old one the worker had when injured. The worker also could qualify for job training and collect a vocational rehabilitation benefit while learning a new trade to replace the income from the old job.
Losing the ability to continue working in a former capacity could lead to conflicts between the employer and the worker or the workers’ comp insurer and the worker. If so, an attorney who is experienced in workers’ comp claims in the Van Nuys area may review the situation and help the worker to better understand his or her rights under California law. The attorney may also help their client understand how workers’ compensation coverage might apply in a particular situation. If a legal dispute arises, the attorney may help to argue the case and obtain the best possible outcome.
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]]>The post Should you document your workplace injury if you’re undocumented? appeared first on Hussain.
]]>If you’re undocumented, you likely understand what it’s like to live in fear of deportation. Many people in similar circumstances tell how even getting pulled over in a traffic stop is enough to make their hearts race and fill them with worry that immigration officials will come to take them away from their families. An undocumented immigrant’s life is seldom easy; yet, it’s important to know that there are often resources available to help them if they’re involved in workplace accidents.
You’re probably at least somewhat familiar with the workers’ compensation program. Most employers in this and all other states are obliged to purchase insurance through this system in order to provide benefits to injured workers during recovery. Undocumented workers often hesitate to report their injuries, thinking they’re not eligible to collect such benefits. The following facts provide information on the topic:
Employers often pull out all stops to try to avoid paying workers’ compensation benefits to undocumented workers injured on the job. Most are also aware that they may face fines as high as $10,000 per employee if they’re caught knowingly hiring workers without legitimate papers. This adds complications to an already stressful situation for any injured immigrant worker in need of workers’ compensation benefits. Outside support is often available to help alleviate such stress.
Speaking to an experienced attorney who understands both workers’ compensation and U.S. immigration law is a logical first step to take if you’re facing problems regarding a workplace injury and you’re worried about your legal status.
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