Law Offices of Hussain & Gutierrez Van Nuys Workers' Compensation Attorney | Los Angeles County Immigration 2021-01-14T23:37:21Z https://www.hussaingutierrezlaw.com/feed/atom/ WordPress On behalf of Law Offices of Hussain & Gutierrez <![CDATA[What is the purpose of a P&S report?]]> https://www.hussaingutierrezlaw.com/?p=48123 2021-01-14T23:37:21Z 2021-01-14T23:37:12Z What is a P&S report used for? A Permanent and Stationary, or P&S, report is a document that you send your insurance company to apply for permanent disability benefits. This report might affect the amount of workers' comp that you're eligible to receive. You can continue to work if you're receiving permanent disability benefits, but you might be limited in the types of work that you can do. You can obtain a P&S report from your doctor. The report describes different aspects of your condition, including pain levels and limited movement. The report also places restrictions on the type of work that you're allowed to do. In the report, your doctor might state that you're not able to return to your current job. The report describes the medical care you might need in the future and assesses whether your job is responsible for your injuries. When your doctor completes your P&S report, ask for a copy so that you can review their determinations and make sure the information they provide is accurate. You might want to ask your employment law attorney to help you review the report. It's important to have an accurate report so that you can get the maximum amount of permanent disability benefits.

Do you need an attorney when you file for workers' compensation?

Theoretically, employees should be able to apply for workers' comp and receive the benefits that they need to support themselves while they recover from their injuries. Unfortunately, some factors can make it difficult to receive these benefits The insurance company might be reluctant to pay out the full amount of benefits. Additionally, many undocumented immigrants aren't sure if they qualify for workers' comp. An attorney may help you receive all the benefits you're entitled to so that you can pay your medical bills.]]>
On behalf of Law Offices of Hussain & Gutierrez <![CDATA[Some facts about workplace injuries]]> https://www.hussaingutierrezlaw.com/?p=48116 2020-12-31T22:43:42Z 2020-12-31T22:43:37Z What are some causes of workplace injuries? Workplace injuries go well beyond slipping on a puddle or falling off a ladder. Many injuries involve chemicals, bodily fluids and bloodborne pathogens that can cause life-threatening illnesses. While health care workers have the highest risk of exposure, anyone can be exposed to a bloodborne pathogen if a customer or employee spills blood after an injury. In the case of a virus, multiple people could be infected before the ailment is contained. Some workplace accidents can also have a chain-reaction effect that leads to other injuries. For example, if one employee falls off a ladder while carrying a jug of harmful chemicals, he or she could injure him or herself in the fall and spill the chemicals on another employee. Someone could also infect another person with a disease if he or she has certain pathogens in his or her blood. Even homicides can happen in the workplace. In fact, the Centers for Disease Control and Prevention (CDC) estimates that about 700 workplace homicides take place every year. An attacker may target one employee specifically or kill multiple individuals in a seemingly random attack.

What can you do if you've sustained a serious injury?

When you've been injured on the job, it may seem safe to assume that your employer's insurance company will pay out your workers' compensation benefits. Unfortunately, some insurance companies will go to great lengths to avoid paying out a claim. They may reject your claim or offer a payment that's lower than what you deserve. An attorney could help you get the maximum benefits.]]>
On behalf of Law Offices of Hussain & Gutierrez <![CDATA[Should you report minor jobsite injuries?]]> https://www.hussaingutierrezlaw.com/?p=48111 2020-12-31T21:08:04Z 2020-12-31T21:07:56Z Do you need to report minor incidents? A small injury might not seem like anything that needs to be reported. In fact, you might not even bother mentioning it to your supervisor. But while most minor injuries don't amount to anything, some injuries become more serious later. When that happens, you'll find yourself wishing that you documented the injury from the beginning so you can collect the maximum amount of workers' comp benefits. If you're injured on the job, notify your supervisor. They might fill out an incident report and keep it for their records. If you're lucky, the injury will heal up and you'll never think about it again. But if the injury starts to worsen, you should notify your supervisor and see a doctor as soon as possible. Your supervisor might direct you to a doctor that works directly with the company. Once you've been checked out, the doctor might either clear you for work or tell you that you need to take some time off to recover. During this time, you could apply for workers' compensation to pay your bills and make up for your lost wages. You'll find it much easier to file a claim because you've been recording the incident from the beginning instead of waiting until the last minute.

When do you need to hire an attorney?

Anyone can benefit from hiring an attorney when they file for workers' compensation. However, an attorney is particularly beneficial for people in certain situations. For example, many undocumented immigrants don't know that they're eligible for workers' compensation if they're injured on the job. An attorney could help them collect compensation while keeping their identities safe. An attorney could also help you document your injuries, find the right doctor and go back to work when you're ready.]]>
On behalf of Law Offices of Hussain & Gutierrez <![CDATA[Back injury at work? Here’s what you should know]]> https://www.hussaingutierrezlaw.com/?p=48096 2020-12-30T18:07:34Z 2020-12-30T18:07:26Z Workers' compensation Back injuries can lead to several issues in a person's physical and financial life, which is why many injured employees will file claims to receive workers' compensation from their employer. This request must be presented to your company's HR department, who will be in contact with your supervisor. Items you can cover with your worker's comp include:
  • Therapy
  • Transportation costs
  • Medical costs
  • Lost wages
  • Seek medical attention
It is imperative that you seek medical attention as soon as possible after being injured. Not only may you prevent further damage from being done on your back, but you'll want to obtain medical proof of the seriousness of your injuries. This can be used in the event that your employer challenges your workers' compensation request.

Collect the right evidence

Unfortunately, medical documents may often not be enough to prove your case to your employer. It is important to collect further evidence as soon as possible. Items such as security footage, pictures, witness statements and second medical opinions are just some of the items to check off your evidence list. Although employers will usually work with employees to handle workers' compensation requests, there are times when you may be challenged or not given your rightful compensation. For this reason, you may want to have an attorney at your side throughout the process.]]>
On behalf of Law Offices of Hussain & Gutierrez <![CDATA[Workplace injuries: What are the leading causes?]]> https://www.hussaingutierrezlaw.com/?p=48089 2020-12-24T00:16:40Z 2020-12-24T00:16:32Z Overexertion Perhaps the most common cause of workplace injuries is overexertion. The reason behind this is because a worker within any type of industry is at risk, even those working within an office. Overexertion occurs when a person places too much force on a movement. This can lead to muscle strains, tears and hernias, to name a few. The following includes ways people tend to overexert themselves in the workplace:
  • Pulling heavy objects
  • Pushing heavy boxes
  • Throwing heavy items

Slips and falls

The next most common cause of injury in the workplace includes slips and falls. Contrary to popular belief, these incidents don't occur only when a hazard such as large boxes or standing water is present. Trips may also occur if you are within a building with stairs or sudden carpet-to-tile transitions.

Being hit by an object

Another common cause includes being hit by an object in the workplace. This is especially prevalent where large amounts of inventory are kept and could fall on workers. Unfortunately, it is likely that this type of injury will lead to the most severe outcome as any trauma to the head can be very dangerous. If you've been injured in the workplace, it is important to obtain an attorney as soon as possible. An experienced worker's compensation attorney may help you be prepared if any legal challenges come your way.]]>
On behalf of Law Offices of Hussain & Gutierrez <![CDATA[Workers’ compensation could apply after returning to work]]> https://www.hussaingutierrezlaw.com/?p=48082 2020-11-23T18:59:49Z 2020-11-23T18:59:35Z Workers' comp can make up the difference.

Wage reductions and job training are covered

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.

Worker returns could go awry

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.]]>
On behalf of Law Offices of Hussain & Gutierrez <![CDATA[When happens if a first responder develops PTSD because of work?]]> https://www.hussaingutierrezlaw.com/?p=48079 2020-11-06T19:31:25Z 2020-11-06T19:31:18Z PTSD can stop a professional from doing their best work First responders need to stay calm and cool in emergency situations, but PTSD could prevent them from doing so. PTSD manifests differently in different people. Some people will find that certain smells trigger the symptoms of their condition, while other people respond to sounds, flashing lights or environments similar to the one where they experienced trauma. A firefighter with PTSD may hesitate to run into a burning building even though their job requires it. A police officer with PTSD from a violent standoff may be unable to remain calm when dealing with a similar situation in the future. In some cases, the PTSD symptoms may be so severe that someone can no longer reasonably fulfill the obligations of their job. In other words, PTSD is a disabling condition that prevents professionals from returning to work in certain circumstances.

California acknowledges PTSD risks for first responders

Not every state allows workers who develop mental health conditions to seek workers’ compensation benefits without a protracted fight. However, California leads the way on this issue. Just last year, the state enacted a new law that streamlines the process of getting benefits for first responders with work-related PTSD. If you have found that mental health consequences from a job incident are keeping you from doing your best work, you may need to consider seeking workers' compensation to treat your symptoms and give you the time and space to fully recover.]]>
On behalf of Law Offices of Hussain & Gutierrez <![CDATA[What benefits are available to undocumented workers?]]> https://www.hussaingutierrezlaw.com/?p=48074 2020-11-05T17:53:47Z 2020-11-05T17:53:39Z What laws apply? In general, every law that protects documented citizens who are employees in California also applies to undocumented immigrants who are employed in the state. The only exceptions to this law typically pertain to unemployment insurance and the ability to unionize. Outside of those exceptions, laws that govern wages, overtime, allowable hours and more are applicable to both documented and undocumented employees.

Is state disability insurance available?

Yes, in California, state disability insurance is offered to undocumented immigrants. The fact that the funds are available to undocumented immigrants goes back to the fact that the program is funded by employees. The state believes it is only right for all employees to have access to these funds.

Is paid family leave available?

In California, Paid Family Leave provides between 60% and 70% of an employee's wages for up to six weeks if they are missing work in order to provide care for a critically ill family member. While there are criteria that have to bet met, Paid Family Leave is available to undocumented employees in the state.

Do anti-discrimination laws apply?

Thankfully, the answer to this question is yes. Undocumented employees are protected by the laws that prohibit discrimination in the workplace. Undocumented employees may want to work with an attorney who is well-versed in U.S. immigration if they believe they are not being afforded these protections in their workplace. This attorney may review their claims and help their clients understand what legal options are available for their situation.]]>
On behalf of Law Offices of Hussain & Gutierrez <![CDATA[How to handle workers’ comp claim denials]]> https://www.hussaingutierrezlaw.com/?p=48069 2020-11-04T22:35:03Z 2020-11-04T22:34:54Z Many common reasons for denying claims A workers' comp claim might get denied by an employer or the plan administrator if the injured worker did not report the injury in a timely manner. Waiting several days to inform an employer and write up the injury incident opens up room for doubt and could trigger a claim denial. That same goes for missing the deadline for filing a claim. If an employer has reason to doubt a claim is valid, it could investigate, request a second medical opinion and deny it for a justifiable reason.

How workers can fight claim denials

A claim denial can trigger an appeal by the injured worker and should when the claim is valid. A denial letter should clearly outline the reason why and give you a deadline for filing an appeal. You could ask for a meeting with your job provider or the insurance adjuster for the insurer underwriting the claim to resolve a simple dispute. More serious disputes will require a formal appeal to an administrative law judge and will need supporting evidence, including documentation of the injury by a doctor and other medical professionals.

Preparation helps to reverse denials

If an appeal to an administrative law judge is needed, an experienced workers' compensation attorney can help to prepare the best case. A review of your current documentation can help to identify gaps in your argument that a simple request to your treating physician or other medical professionals might fill. You also can better understand the arguments behind your denial and whether they are based on valid reasons or are simply an abuse of the system by an employer or insurance adjuster.]]>
On behalf of Law Offices of Hussain & Gutierrez <![CDATA[If I’m an undocumented worker, can I get workers’ comp benefits?]]> https://www.hussaingutierrezlaw.com/?p=48059 2020-11-03T15:45:07Z 2020-11-03T15:44:17Z undocumented immigrants. They make up about 9% of the state’s workforce. As a result of having so many undocumented immigrant workers, California increasingly has adopted laws to protect them in the workplace.

Getting workers' comp as an undocumented worker

So, that means undocumented workers can receive workers’ compensation benefits if they suffer an injury at work. Even if you work a job where your employer pays you cash, you can receive worker’s comp benefits. If you don’t file taxes, you still can receive workers’ comp benefits. Even if you used a false Social Security card or number when you were hired, you can get workers’ compensation. Also, undocumented workers can apply for workers’ compensation without losing their jobs or getting deported.

Filing a worker’s comp claim

Many undocumented workers feel intimidated by their employers not to file for worker’s compensation claims after a work injury. Some are unsure how a worker’s comp claim will affect their employment status. Yet, undocumented workers often work in fields where suffering an injury is common:
  • Construction
  • Manufacturing
  • Health care
  • Farming
  • Transportation
  • Warehouse work
If you suffer a workplace injury, you’ll need to get workers’ comp benefits to pay for your medical treatment and any lost wages. You shouldn’t be afraid for filing for benefits you deserve. You should consult with an experienced workers’ compensation attorney, so you follow the proper steps to get maximum workers’ compensation benefits.  ]]>