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4 WORKERS' COMPENSATION QUESTIONS FOR CALIFORNIA WORKERS

Thu, 27 Aug 2020 18:29:03 GMT

When you suffer a work-related injury in California, you may find yourself confused about how to proceed with a claim and what to expect. Consider these four key questions.

1. Does Your Work Qualify for Coverage Under California Law?

Each state manages its own set of workers' compensation laws and rules, including lists of eligible and non-eligible workers or work situations. According to the California Labor Code statutes, the list of covered individuals may include salaried employees, contract workers, and apprentices engaged through written or verbal agreement.

However, California also maintains a relatively lengthy list of workers who do not generally receive workers' compensation coverage. These workers may include deputy sheriffs or clerks, workers who receive no actual pay for their efforts, and workers who officiate non-professional sporting events.

2. How Much Compensation Can You Expect to Receive?

Workers' compensation in California offers several potential forms and amounts of financial compensation. For instance, if you have to take several months off due to your injury but will eventually return to work, you may qualify for temporary disability payments representing up to two-thirds of your usual wages.

Permanent disability payments generally apply to injured workers who cannot return to gainful employment, at least in their former position. Your personal disability rating, based on your age, degree of disability, and medical restrictions, will determine the size of the payments, which may extend for up to 14 years.

If your injury has left you with a permanent disability rating of 70 percent or above, you may qualify for a weekly pension alongside your permanent disability payments. These weekly pension payments continue for life.

In addition to disability payments, you may also qualify for compensation of medical costs such as doctor's visits, diagnostic exams, physical therapy, or medical equipment. You may also receive compensation (at the IRS's current mileage allowance) for trips to and from medical appointments.

3. How Do You Receive Workers' Compensation in California?

California requires employers to maintain workers' compensation coverage. If your employer provides workers' compensation, this route serves as your exclusive remedy for work-injury financial compensation. Most eligible workers can receive compensation regardless of who actually caused the injury.

California workers must notify their employers of an injury (preferably in writing) within 30 days of the injury date to be eligible for workers' compensation benefits. For a slowly developing chronic injury, the worker may give this notification 30 days from the date that the injury became a known problem or first caused disability.

The next step involves filling out the State of California's Workers' Compensation Claim Form & Notice of Potential Eligibility form. Your workers' compensation attorney can review the form's instructions with you and help you fill out the form correctly. Upon submission, you will receive either an acceptance or a denial.

4. How Does California Law Handle Appeals of Denied Claims?

In California, the appeal of a denied workers' compensation claim begins at the local level, with a hearing before your Workers' Compensation Appeals Board judge. Even this relatively informal procedure involves several steps that you must complete in a correct and timely manner, ideally with the aid of a workers' compensation attorney.

You must file an Application for Adjudication of Claim before you do anything else, since this step attaches a case number to your claim. Your attorney can then file a Declaration of Readiness to Proceed in which you officially request the hearing.

Your timeline for receiving a final approval or denial partly depends on the reason for your claim rejection. If your insurer claims that your injury did not arise out of your employment activities, the judge will probably expedite your hearing date. Your Declaration of Readiness to Proceed includes provisions for specifying this point.

If your condition clearly arose out of your employment, a pre-trial conference will give you an opportunity to clarify why you filed your workers' compensation claim and why the insurer should have approved it. If this conference cannot settle the issue, you may have to take your case to trial.

Contact The Law Offices of Jeffrey M. Greenberg. Our firm has the legal experience and expertise to help you make your case as compellingly as possible.

AM I AN EMPLOYEE OR AN INDEPENDENT CONTRACTOR?

Thu, 09 Jul 2020 18:36:16 GMT

Workers' compensation insurance is part of the cost of being a business owner. But some employers try to avoid workers' compensation payments by claiming an employee is an independent contractor.

What is the difference between being an employee and an independent contractor? Here are some points that can clarify your situation.

Am I an Employee?

Many factors classify a worker as an employee. If you are unsure, or your employer has told you that you are under independent contractor status, ask yourself these questions:

Does the business control the details or manner of the work I do for them?
Can I be fired by the company?
Am I paid either hourly or by salary by the company?
Does the company make deductions from my paycheck for unemployment or social security?
Do they supply any materials or tools necessary for my work?
Am I required to work specific days or hours?

If you have answered yes to any of these questions, you may be considered an employee, and are covered by your employer's workers' compensation program.

If you are still unsure, consider if what you do falls under these categories:

Behavioral. Does the company control the work I do or how I do it?
Financial. Does the company have to deal with how I am paid or reimbursed expenses?
Type of Relationship. Are there employee benefits or contracts? Is the job a key part of the business?

Am I an Independent Contractor?

Changes in the law occurred recently because of this dispute over definitions of employee and independent contractor. In April 2018, a California Supreme Court ruled against Dynamex Operations West, a company that, in 2004, changed its employees' status to independent contractors to cut costs.

To further clarify what that ruling meant for workers, in September 2019, the governor signed Assembly Bill 5 (AB5) into law, which went into effect January 1, 2020. AB5 requires the application of the "ABC" test to see if the worker should be classified as an employee or independent contractor.

The ABC test helps both the company and the worker determine in advance their working relationship. To identify if you are an independent contractor, ask yourself these questions:

Part A . Am I free to do the job as I see fit, instead of being told how to do it by the company, or have them oversee every step of the work?
Part B . Have I been hired to do a job that the company normally doesn't do, such as graphic design for the website of an auto mechanic?
Part C . Do I already have my own business, but was hired by a similar business to my own? As an example, an independent graphic designer has worked for themselves for several months. A graphic design firm hires the independent designer to help with a particular job because their specific niche fills a hole in the large company's organization.

Another test, the Borello test, has been used since 1989. It applies in addition to, or instead of, the ABC test in some situations, such as:

An independent seller under a larger company umbrella, such as insurance agents or brokers
Medical professionals such as physicians, dentists, or veterinarians
Other professionals such as attorneys, architects, or accountants
Some direct salespersons
Certain licensed commercial fishermen

Other situations where the Borello test may apply include but are not limited to: travel agents, photographers, freelance writers, or estheticians.

California law determines the classification of the worker, not the company. You cannot be classified as an independent contractor even if:

The company has you sign an agreement that you are an independent contractor.
The company does not make payroll deductions or withholdings for taxes or Social Security.
The company provides you with IRS Form 1099 instead of a W-2 at the end of the year.

These new changes are challenging and complex. Contact us at The Law Offices of Jeffery M. Greenberg to help you navigate your way through your concerns about workers' compensation and your status as an employee or an independent contractor.

5 REASONS YOU NEED TO REPORT WORKPLACE INJURIES RIGHT AWAY

Tue, 28 Apr 2020 18:46:44 GMT

If you suffer an injury at work, you should report the injury to your employer as soon as possible. But what if the injury doesn't seem serious? What if you are worried about your boss's reaction? Do you really need to report all injuries? The answer is yes.

For your protection and the safety of your fellow employees, you should report all injuries, regardless of their severity. Keep reading to learn why this is so important. 

1. Minor Injuries Can Get Substantially Worse

The symptoms of some injuries don't present themselves right away. To explain, imagine you pick up a heavy box at work. You twinge your back a bit, but the pain doesn't seem too bad so you don't let anyone know. However, a few days later, the pain gets a lot worse. 

This is a common scenario with back and neck injuries, as well as other types of injuries. For instance, concussions don't always present all their symptoms right away. In other cases, you may get a burst of adrenaline during a workplace accident that blocks your ability to feel pain. 

2. Reporting the Injury Creates a Paper Trail

When you report big or small injuries, you create a paper trail. If your injury gets worse or needs treatment, you have already created a link between your job and the injury. This link can help to streamline the workers' comp claim process. 

If your employer wants to argue that the injury didn't occur due to your job, they will have a harder time making that argument. In contrast, if you don't report your injury right away, your employer's argument against your claim may be more likely to be successful. 

3. You Don't Want to Miss the Reporting Deadline

In California, you typically need to report work injuries within 30 days of when they happen. If you don't make a report by this deadline, your claim may be compromised, and you may not receive the full extent of your benefits. 

However, there are exceptions to the rule, and if you work with a workers' compensation attorney, they can help you establish that you couldn't meet the deadline due to an issue such as the following:

You were quarantined and couldn't report the injury. 
You were incapacitated. 
Your employer knew about the injury (for example, they witnessed the injury), and they told you not to make a report. 
You didn't know about workers' comp because your employer was not displaying the right materials at your place of work. 
Your employer wasn't harmed by your late report.

4. There Is a Statute of Limitations

Not to be confused with the reporting deadline, the statute of limitations also limits how long you have to report injuries and make a workers' compensation claim. Typically, in California, you need to apply for workers' compensation within one year of the date of the injury. 

If you're applying on behalf of someone who died as a result of a work-related injury, you also have a year from the date of injury. If you develop a new and further disability, you have five years. This refers to situations where a temporary disability returns, a temporary disability changes to a permanent disability, your disability gets worse in other ways, or you develop a new need for medical care. 

5. Reporting Injuries Helps Keep Other Workers Safe

Finally, reporting your injuries can also help you to keep other workers safe. For instance, if you get hurt on a piece of machinery, your boss may replace the machinery when they hear about your injury. In that same vein, your employer may change workflows, post new safety signage, or take other steps to keep people safe. 

If you're injured on the job, you have rights. To get help dealing with your employer and navigating your workers' comp claim, contact us today. At the Law Offices of Jeffrey M. Greenberg , we have over 30 years of experience, and we'd love to represent you.

3 WAYS CONSTRUCTION WORKERS CAN AVOID INJURY

Thu, 05 Mar 2020 18:57:38 GMT

The construction industry is perhaps one of the most dangerous in the country. In fact, the construction industry ranks in the top five for most dangerous industries. For every 100,000 construction employees, 18 deaths happen each year.

Severe injuries are also common in the construction industry. Potential injuries that construction workers face include head and spinal cord injuries, hearing loss, burns, lacerations, broken or crushed bones, loss of limbs, stress injuries, and heatstroke.

Because of the threat of serious injury in the construction industry, construction workers should take extra precaution. Discover three ways construction workers can reduce their chances of injury on the job.

1. Use Hand Tools Correctly

Construction workers use many different hand tools to complete certain jobs. When these tools are used incorrectly, this increases the chances of injury. According to recent statistics, hand tools were involved in 9,640 construction accidents in one year. Non-powered hand tools caused more injuries than power tools.

These non-powered hand tools caused the most injuries:

Knives, box cutters, and other cutting tools
Shovels and other digging tools
Hammers and other striking tools

The power tools that caused the most injuries included power saws, drills, sanders, and grinders. To reduce the chance of injury when using non-powered and powered tools, construction workers should only use the tool for its designated purpose. Construction workers should also always ensure that the hand tool is in proper working order before they use it.

2. Wear a Hard Hat and Other Safety Gear

A hard hat is one piece of safety gear that a construction worker should never go without. A hard hat is a helmet worn on a construction site. Hard hats helps to prevent head injuries, such as concussions and traumatic brain injuries. These types of injuries are usually the result of falling objects or the head coming into contact with a hard stationary object, like a beam or a pipe.

Construction workers should only wear hard hats that the Occupational Safety and Health Administration (OSHA) has approved. Hard hats approved by OSHA meet certain requirements. For example, OSHA-approved hard hats are water resistant and slow to burn.

These hard hats also have the ability to absorb electric shocks and resist penetration from falling or stationary objects. Construction workers should replace their hard hat if it receives any damage. They should also replace their hard hat every five years and replace the support strap every year.

Along with hard hats, construction workers should wear other safety gear including glasses and vests. They should also wear ear protection to prevent hearing loss.

3. Make Use of Worker Safety Apps

Using certain mobile device apps is another way construction workers can stay safe and avoid injury. Some apps can help to prevent heatstroke by allowing construction workers to calculate the heat index for their work site.

Other apps are especially helpful for construction workers who often work in high places. When this type of app detects a fall, it sends out an alarm and alerts the construction worker's emergency contact. Other apps provide information about the noise levels on a construction site.

Construction companies can also use apps that help to improve overall safety by recording and tracking accidents, near-miss incidents, and safety meetings required by OSHA.

Construction workers who take all the right safety precautions can still become injured. If you work in the construction industry and have experienced a work-related injury, you are entitled to workers' compensation benefits.

Our workers' compensation attorney at The Law Offices of Jeffrey M. Greenberg can ensure you get your benefits quickly. Contact us today for a free initial consultation.

OSHA: WHAT ALL EMPLOYEES NEED TO KNOW

Wed, 01 Jan 2020 19:01:47 GMT

When you first sign your employment contract, you should receive information from your human resources department. Within the wealth of information, you should have some paperwork about OSHA. While you may have heard of OSHA, you may not actually realize what it is or how it can impact you. The following is some information about OSHA you should know about.

What Is OSHA?

OSHA is the Occupational Safety and Health Administration. The Occupational Safety and Health Act was created by Congress in 1970 to help ensure employees have a healthy and safe work environment. OSHA sets and enforces specific standards through assistance and outreach.

OSHA has specific rules to inform employees of any hazards on the job and hold employers to standard when it comes to a safe workplace. The agency hires compliance safety and health safety officers to enter a workplace and conduct investigations and inspections to make sure the area is in compliance.

OSHA can visit a workplace at any point in time, both scheduled and unscheduled, especially in a workplace that works in potentially hazardous conditions, such as chemical plants or manufacturing plants.

An OSHA inspection is typically automatically triggered when a fatality or site-wide injuries and hospitalizations occur. OSHA will also perform inspections when multiple employees contact OSHA and claim injuries and dangerous workplace conditions.

What Rights Do Employees Have?

OSHA affords employees a variety of rights within the workplace that employers must provide. You have the right to work in a safe work environment that does not pose significant harm. You also have the right to report a workplace illness or injury without fear of discrimination or retaliation from your employer.

If you are punished for contacting OSHA about a complaint, you have the right to protection from the punishment if you are considered a whistleblower.

In addition, you have the right to contact OSHA confidentially and file a complaint. You can also request a site visit and inspection from OSHA. You can also ask to speak to an officer in private. You have the right to receive information about any monitoring or testing in your workplace to ascertain the hazards within your workplace.

What Are Employers Required to Do?

An employer has duties they must abide by to remain in compliance with OSHA. Employers must advise employees of any hazards via training, alarms, posted information, or other communication methods. Employers must provide employees with safety training to all employees in a language they can read fluently.

An employer must also perform regular testing in the workplace to make sure the environment is safe, such as for clean air, proper temperatures, and running water. Employees must receive essential protective equipment from the employer at the employer's expense.

The employer has to post OSHA regulations and citation information and change the information annually as updates occur. Employers have to contact OSHA of any fatalities in the workplace and any mass employee hospitalizations related to the workplace.

What Should You Do if You Suspect an OSHA Violation?

If you are impacted by what you perceive as a violation of OSHA, or if you witness another person suffering due to a violation, file an OSHA complaint right away. You should also contact an attorney for your own protection.

If you are hurt on the job and you believe it to be due to OSHA violations, you should seek immediate workers' compensation coverage. You may also be entitled to additional damages based on the circumstances of the violation. You will need to discuss your options with your attorney.

If you have any questions about OSHA, workers' compensation, or other issues in the workplace, please contact The Law Offices of Jeffrey M. Greenberg .

WHAT YOU SHOULD KNOW ABOUT RESTRICTIONS AFTER A WORK INJURY

Mon, 04 Nov 2019 19:05:44 GMT

When you suffer an injury at work, your primary goal is likely to recover and eventually return to your job in the same capacity as you did prior to the injury. In many cases of workers' compensation, those who suffer injuries at work have to miss time at work until they can recover. In other cases, some hurt employees can return to work immediately with specific restrictions until fully healed.

No matter your case, you should be aware of work capacity after a work-related injury so you can prepare yourself. Here are some things you should know.

Can You Return to Work With Restrictions?

After you suffer an injury at work, your physician will treat you and decide whether or not you can return to work right away with special restrictions in place. Most often, the restrictions are light duty, more sedentary jobs until you can regain your prior work status.

For instance, if you hurt your back when you lifted something heavy, you may return to work with special lifting restrictions, which prevent you to lift anything over a certain weight. You may also have restrictions which prevent you from lifting anything at all.

Your doctor will let you know which restrictions you must adhere to when you return to work. Your employer may also advise you of your restrictions in more detail and explain how restrictions will impact your ability to do your job.

Often, your employer can provide you with lighter duty work based on your restrictions, but your pay may be lower than your normal wages. When a lower payment occurs, you are entitled to receive temporary partial disability payments to help with the difference in your work pay.

Your employer may have you return to work on light restrictions, only to discover the job exceeds your restrictions. Your employer cannot make you do any task which exceed your restrictions. Reach out to your attorney if this happens.

Can You Return to Full Duty While You Recover?

Your doctor may decide that you can work your normal duties before you complete all the medical care necessary for your injury. The decision depends on the severity of your injury, your job type, and other factors based on your circumstances.

You should know that if your doctor allows you to return to work at your normal capacity, your employer will not have to pay any sort of disability. You can attempt to go back to work at full duty in a case such as this, but you can report to your medical provider if you have trouble doing your normal duties.

Can You Return to Full Duty After Medical Treatment?

Once you are finished with your medical treatment for your on-the-job injury, your physician will state you reached your maximum medical improvement. He or she may release you to go back to work at this time. You should receive an authorization to go back to work, which means that any restrictions are lifted and that you can work in your regular capacity.

While most employees can return to their jobs after the completion of medical care, others are more severely injured and permanently disabled. In a case of permanent injury, the employee is not able to return to his or her prior position or any job at all. If you are in this scenario, you should speak to your attorney to find out your next steps.

Workers' compensation cases are complex, and you have to provide all the details of your accident and injury. If you have any questions about workers' compensation or about when you should return to work after an injury, please contact us at The Law Offices of Jeffrey M. Greenberg .

4 REASONS YOUR WORKERS' COMPENSATION CLAIM MAY BE DENIED OR REDUCED

Sun, 04 Aug 2019 19:20:02 GMT

Most employers are responsible for providing workers' compensation, which pays medical bills and some lost wages if you are injured while at work. However, there are many reasons the insurance carrier may try to deny or reduce your settlement. If you want to better protect yourself, check out these four top reasons your claim may be denied or reduced.

1. You Waited too Long to Report the Injury

If you have been injured at work, report it as soon as possible. The exact rules vary from state to state, but in California, you want to report the injury to your employer in writing within 30 days . If you want, you can bypass your employer and just file the workers' compensation claim within the 30 days, but it is always polite to let your employer know too - even if only verbally.

Your claim may also be denied if you waited too long to report the injury to a doctor. If you suddenly submit a claim from an injury 20 days ago, but you haven't even seen your doctor yet, you probably aren't going to be taken too seriously. Go to your doctor immediately after the accident but keep in mind, the insurance carrier may want you to see one of their doctors too.

2. You Have a Related Pre-Existing Condition

Pre-existing medical conditions are always a complication, especially if the condition is related to the injury. For example, if you have a sore back, but you broke your leg at work, your pre-existing condition probably has nothing to do with it and won't affect the settlement. However, if your work caused your back pain to worsen, you may get a reduced settlement.

This is usually the case for any type of pre-existing condition, even those associated with past workers' compensation claims. If you have a pre-existing condition, and the courts prove the work wasn't what worsened it, you may not get a settlement at all.

3. Your Report Doesn't Match Your Medical Records

An accident can be scary, and you may not remember the event perfectly well, but it's important to determine what happened and continue to tell everyone the same story. Don't report that you think you slipped on water and then tell your doctor you think you tripped over your shoelace just because you don't fully know why you fell.

Even slight differences in stories can be used to undermine you and reduce or deny your settlement altogether. Similarly, it's never a good idea to lie or exaggerate to ensure your claim isn't denied. This may actually get your claim denied if your story doesn't match the medical records, injuries, etc.

4. You Were Alone at the Time of the Accident

Ideally, you want witnesses who can support your story. If you were alone at the time of the accident, there's a greater chance of your claim getting denied, especially if there is little proof of injury or accident on your person or in your medical records.

If you were alone at the time of the accident, go to your employer immediately and report it. This will go a long way in proving you didn't suddenly decide to claim an injury that never happened. Even if you don't submit your formal written report on the accident, you should at least speak with your boss as soon as possible.

No one enjoys an injury at work, and it's even worse if your claim gets denied for unfair reasons. If you have been injured at work, and you fear your claim may be denied because you were alone or forgot to report the accident because you didn't think you were injured, let us at The Law Offices of Jeffrey M. Greenberg help. Contact us today to see how we can assist you.

5 LEGAL FACTS CONSTRUCTION WORKERS SHOULD KNOW

Mon, 10 Jun 2019 19:32:03 GMT

Construction can be extremely hard, physically demanding work. If you work in construction, you rely on your body to sustain your livelihood, but what happens if you get hurt? In most cases, if you get hurt on the job, you are entitled to make a workers' compensation claim against your employer.

To point you in the right direction, here are five facts every construction worker should know about the risks of this industry and your rights as a worker.

1. CONSTRUCTION IS ONE OF THE MOST DANGEROUS INDUSTRIES IN THE UNITED STATES

Throughout the nation, approximately one in five worker deaths occur in the construction industry. Together, people in transportation and material moving occupations as well as people in construction and extraction account for about 47% of all worker deaths every year. If you are in the construction industry, you should be aware of the risk of death or injury, and you should take steps to protect yourself.

2. HIGHWAY COLLISIONS CAUSE THE MOST DEATHS EVERY YEAR

The biggest risk to all workers is highway collisions. You face this risk if you are a truck driver or someone operating heavy machinery, but beyond that, if you are putting in a road or doing construction work near a road, you also have to contend with this risk.

Beyond collisions, the most common causes of death and accidents are the following activities:

Falls
Being struck by objects
Electrocution
Being caught in between or crushed by objects, equipment, or other materials

If you have been injured by any of these causes, you are not alone; you should contact an attorney to help you make a workers' compensation claim.

3. THE CONSTRUCTION INDUSTRY HAS MANY OSHA VIOLATIONS

If you feel your employer is not doing enough to protect you and the rest of the crew, you may want to reach out to someone from the Occupational Safety and Health Administration (OSHA). Unfortunately, although this industry is notorious for causing deaths and injuries, many construction companies don't keep up with occupational safety rules.

The most common safety violations include lack of fall protection, failures to communicate about hazards, deficiencies with scaffolding, failure to provide or mandate respiratory equipment for workers, and not controlling hazardous materials by locking out workers or tagging materials.

Additionally, violations are found with the use of ladders, powered trucks, machine guarding, and lack of eye or face protection. Even poor training can constitute safety violations, especially if construction companies don't train their workers how to safely use fall arrest equipment.

When you are injured on the job, you have the right to bring forward a workers' compensation claim. In exchange for your coverage under the workers' comp policy, you essentially agree not to bring a personal injury lawsuit against your employer. In cases where your employer was willfully negligent by violating OSHA standards, you may be still able to bring forward a personal injury suit. A lawyer can help you understand the options in your situation.

4. RULES FOR INDEPENDENT CONTRACTORS ARE DIFFERENT IN CALIFORNIA

Typically, workers' comp policies only apply to employees. They don't apply to independent contractors. However, even if the company paying you has you classified as an independent contractor, you may still qualify for a workers comp claim.

The state of California has different rules around independent contractors than the Internal Revenue Service (IRS). Under California's rule, the work provided by an independent contractor must be out of the scope of the business's normal course of business.

For instance, a dental clinic can't consider a dentist to be an independent contractor because that is the business's usual scope of work. In that same vein, if a roofing company hires you to do roofing work, you may not be able to be considered an independent contractor because the work you're performing is what that company normally does.

In situations where you are unsure, you should never take the word of the company owner or its head of human resources. Rather, you should consult with a workers' comp attorney who can help you figure out your rights.

5. YOU MAY BE ABLE TO PURSUE A PERSONAL INJURY CASE IN ADDITION TO WORKERS' COMP

In some situations, you may be able to bring two cases forward. For instance, if you are hurt on the job, you may be entitled to workers' compensation. However, if your injury was caused due to malfunctioning equipment, you may also be able to bring a suit against the manufacturer of the equipment.

You deserve compensation and coverage for your medical bills after a workplace accident. Unfortunately, however, handing a workers' comp case on your own can be hard. To get help, contact us at The Law Offices of Jeffrey M. Greenberg today.

HOW A PREVIOUS INJURY COULD AFFECT A WORKERS' COMPENSATION CLAIM

Tue, 09 Apr 2019 19:38:33 GMT

Workers' compensation cases do not always progress as easily as the injured employee would prefer. The case can become even more complicated if an earlier incident injured the same body part. Injured workers with prior claims need to understand the complications that could affect their new claim.

SETTLEMENT REDUCTION

An employer will still need to cover all new medical bills and any loss of pay due to an inability to work, even if the same injury took place in the past. However, your new claim will be reduced because you had a previous claim - essentially, your employer will only pay for the increase in disability.

The second settlement could be higher than the first one if the disability is more profound, but complications can arise. In instances like this, it is necessary to have legal representation to ensure a fair decision.

The State of California uses its own guide to determine disability. The Schedule for Rating Permanent Disabilities lists specific body parts and what the percentage of total disability it causes to the body. The percentage is used to calculate the amount of income loss the victim suffered due to their disability.

A shoulder injury, for example, has three possible disability percentages based on how the injury affected movement. The minor muscle groups cause 30 percent disability, major muscle groups are 35 percent, and both major and minor together are 80 percent.

If the first accident prevented movement of the minor muscles in the shoulder and the second accident affected the major muscle groups, the insurance company may claim that the employee only deserves a 35 percent disability rating for the new injury. The employee may need legal help to argue for 80 percent since both muscle groups are now affected.

INCIDENT CAUSE

Claim denials also occur if the employee ignored the orders of their doctor. Employees sometimes perform tasks they are told to avoid or go back to work earlier than a doctor recommends. Workers' compensation boards will deny a claim if the employee causes their own injury in this manner.

Some exceptions can alter the decision. An employer that threatens to fire the employee because of their limited abilities after an accident could be breaking the law, however, employees do need some proof of the threats.

Employers must try to make accommodations for injured or disabled workers or retrain them for more suitable work.

WORSENING CONDITION

A physical exam could reveal that the discomfort is not an injury but the worsening of the first injury rather than a new injury. The development of arthritis is a frequent problem after a trauma, and it may begin in people much younger than the typical arthritis patient. Arthritis causes pain and higher medical costs and can become severe enough to be disabling.

It is possible to reopen a settled workers' compensation case to request more compensation to cover new costs if a work injury leads to the development of arthritis. In California, employees have up to five years to reopen an earlier workers' compensation claim.

The problems associated with post-traumatic arthritis may not appear in time to reopen a case, but there is still the possibility of it being accepted as a workers' compensation claim. Arthritis that becomes accelerated because of the manner of work performed is a work-related illness. A new claim for the condition could prove successful.

The added complications of earlier injuries can make the already confusing process of workers' compensation claims even more frustrating. At The Law Offices of Jeffrey M. Greenberg , we can help to simplify the situation and assist you with your claim. Let out team help you to receive a fair result. Contact us today to schedule a consultation.

POTENTIAL COMPLICATIONS OF A WORKERS' COMPENSATION CLAIM

Wed, 13 Feb 2019 19:47:10 GMT

You don't always have to hire a workers' compensation lawyer; some workers' compensation claims follow a straightforward path. In some cases, however, complications arise that may result in workers' compensation insurance rejection or lower claims. Below are a few examples of such complications and how a lawyer can help.

PRE-EXISTING ISSUES

A pre-existing condition is any medical condition that you had before your workplace accident. A preexisting condition complicates your workers' compensation claim. Your employer and insurer can easily argue that the injuries you supposedly incurred during a workplace accident are part of the pre-existing condition.

In California, you deserve workers' compensation benefits even with your pre-existing conditions. All you have to prove is that your current accident or injury has worsened or is not related to the previous injuries. Although your employer might reject your initial claim if you have a pre-existing condition, a lawyer can help you overcome the denial and get your benefits.

PRE-EXISTING ISSUES

Workers' compensation covers employee injuries that an employee may suffer as they go about their employment duties. Your employer might argue that the insurance only covers employees injured in the course of their normal duties or on the employer's premises. Such an argument might complicate your claim if you sustained injuries off your employer's premises.

The truth of the matter is that where you were injured is not the main thing that determines whether you get your benefits. The main determinant is the activities you were engaged in at the time of your accident. For example, a secretary who gets in an accident while on an errand for their employer deserves the benefits.

PERMANENT DISABILITY

Wages replacement benefits are an integral part of workers' compensation benefits. Unfortunately, the wages replacement benefits can be quiet high for an employee who has suffered permanent disability. In such a case, the employee should receive compensation for the wages they would have received in the future, too.

Since permanent disability benefits can be quite high, your employer may seek to minimize the benefits through unorthodox means. Not only that, but many employees also don't know how to value their permanent disability benefits. If you find yourself in such a situation, a workers' compensation lawyer can help you with both issues.

SOCIAL SECURITY DISABILITY INSURANCE BENEFITS

Many victims of workplace injuries file for both Social Security Disability Insurance (SSDI) and workers' compensation benefits. Unfortunately, SSDI will ensure that your benefits don't exceed 80% of your pre-injury wages. A workers' compensation lawyer can help you minimize the effect of your SSDI on your total benefits so that you don't lose much of the benefits.

POST-SETTLEMENT MEDICAL COMPLICATIONS

Your medical condition may worsen after you have settled and received your workers' compensation benefits. California gives you five years within which you can reopen your case if you develop a "new and further disability." Since the "new and further disability" clause is open to interpretation, you may not always get your benefits when your injuries worsen.

You need evidence that your condition or disability has worsened. In many cases, you may have more difficulty when you re-open a case than you did when you filed the case in the first case. At this point, a lawyer would be very beneficial to you.

TREATMENT DIFFICULTIES

If you have a workers' compensation claim, you can't just change a doctor if you don't agree with the current one. California workers' compensation law determines which doctors can treat you, when you can change doctors, and even how many times you can switch doctors. These restrictions can hurt your treatment if you don't know how to navigate them.

Although you don't need a workers' compensation lawyer to get your benefits, you have a high chance of success if you have a lawyer. At The Law Offices of Jeffrey M. Greenberg, we can help you deal with the complications so that you can enjoy your benefits. Give us a call , and we will review your case and advise you on the way forward.

LONGSHOREMEN: COMPENSATION FOR HEAD INJURIES

Sun, 09 Dec 2018 19:57:55 GMT

Head injuries are a severe issue that may take a longshoreman out of work either temporarily or permanently. Thankfully, the Longshore and Harbor Workers’ Compensation Act can provide financial support for your recovery and may help you get back on your feet again.

Why Head Injuries Are So Problematic

Longshoremen work under conditions that are often very difficult and physically challenging. For example, they may need to climb a high crane on a ship during severe weather conditions to reach a difficult building area. In this type of scenario, head injuries are possible and can be devastating for a longshoreman.

For example, somebody with a head injury may suffer from decreased mental acuity, lowered response rates, impaired memory patterns, loss of hearing, changes in personality, or difficulties with communication. Thankfully, recovery may be possible in certain circumstances, especially if longshoremen use the Longshore and Harbor Workers' Compensation Act to get financial help.

How the Longshore and Harbor Workers' Compensation Act Helps

Construction workers in harbors or on ships can get financial compensation for a head injury, thanks to the Longshore and Harbor Workers' Compensation Act. This important law was signed into place to help people who work under dangerous conditions. Before the act, workers' compensation claims were often harder to win.

Thankfully, longshoremen who suffer a head injury while on the job can get financial help while they attempt to recover from their trauma. For example, compensation will help them pay their rent and all other financial obligations. Just as importantly, workers' compensation provides workers with help for their medical care during a difficult period.

As a result, longshoremen who have a head injury may be able to use their compensation money to pay for physical and mental therapy to overcome new challenges after their head injury.

Unfortunately, these individuals may also be negatively affected if their claim is denied by the compensation officials.

When Coverage Is Sometimes Denied

Most claims under the Longshore and Harbor Workers' Compensation Act are accepted, especially in severe cases like a head injury. However, some claims may be denied, after which the work will need to hire professional help. For example, a person who does not file their application during the proper time frame — which varies depending on the injury — may be denied.

In other cases, the claim may be denied if the person who was injured is considered mentally incompetent without a guardian to help disperse the money. Unfortunately, someone with a head injury may either temporarily or permanently fall under this heading, which could complicate the speed of their financial reimbursement.

Typically, coverage under the Longshore and Harbor Workers' Compensation Act lasts only as long as the individual needs the coverage. The moment that the person has regained enough of their health — including mental competency — to come back to work, further coverage will be denied. The individual will either find a new job or return to their previous employment.

How to Get Help Recovering Claims

Some individuals may experience head injuries that are permanent and that make it impossible for them to get back to work. Others may need temporary help to stay on their feet while they regain their full capabilities. Regardless, any longshoreman who suffers a head injury on the job deserves to get compensation for their injuries.

So if you or somebody who you love is a longshoreman in this complicated legal position, please don't hesitate to contact The Law Offices of Jeffrey M. Greenberg . Our professionals will carefully research your case and present it in a way that increases your chances of winning and gaining the compensation that you deserve for your head injury.

5 MISTAKES TO AVOID WHEN FILING A WORKERS' COMPENSATION CLAIM

Thu, 18 Oct 2018 20:06:24 GMT

If you've been injured on the job, in most circumstances, you'll want to file a workers' compensation claim as soon as possible.

Workers' comp, also known as workman's comp, is an insurance program designed to help you receive compensation for medical expenses and lost wages following an injury. Laws vary from state-to-state, but in general, most employers are required to carry workers' compensation insurance.

While the forms and documentation required to file a workers' comp claim are fairly standard, watch out for a few common pitfalls. Here are five mistakes to avoid when filing a workers' compensation claim.

1. Failing to Report Your Injury

Employees who suffer from workplace injuries neglect to report them for a variety of reasons. For example, you might be hesitant to tell your boss about your sore back if you suspect that it was caused by improper lifting on your part.

However, under workers' compensation, you're eligible to receive payment even if you're at fault. You're not required to prove negligence on the part of your employer. There are, of course, exceptions: if your conduct leading to the injury was grossly negligent, your claim may be denied, but for the most part, you're covered regardless of who's to blame.

Another reason that you might not want to report your injury is that you don't think it's serious enough to be concerned about. However, even if your injury doesn't seem like a big deal, you should still report it to your employer and have it examined by a doctor. This includes repetitive stress injuries, like carpal tunnel syndrome.

2. Waiting Too Long to File

No matter where you live, you have a limited amount of time to report an injury to your employer. Virginia places a limit on how long you have to file a claim. If you delay filing, your claim may be denied. The stature of limitations in Virginia is two years from the date of the accident. This means if you were injured in April of 2016, you have until May of 2018 to file your claim.

3. Not Going to the Company Doctor

Your employer may have a specific doctor they require you to see following an injury. This doctor's report will be used to assess your claim, so they need to evaluate you first.

Once you've seen the doctor specified by your employer, you can follow up with your preferred doctor for a second opinion, if you choose. They may see something the first doctor missed, and it never hurts to get a second expert opinion when it comes to your health.

4. Relying on Your Memory

In the process of filing your workers' comp claim, you may be asked to give a recorded statement. The outcome of your claim may hinge on this statement, so you need to be accurate.

Don't rely on your memory — write down your account of the incident soon after it occurs. You should also document the progression of your injuries and record any other way in which your injuries have negatively impacted your life and well-being. Make sure to seek the advice of a personal injury attorney before giving any statements.

5. Not Seeking Legal Help

Many people can complete workers' compensation process without the help of an attorney. However, if you feel like you're in over your head, keep in mind that many workers' compensation attorneys offer free consultations.

If you have any reason to suspect that you're not fully compensated for your injuries, or if your employer is actively fighting your claim, you should contact an attorney right away.

Contact The Law Offices of Jeffrey M. Greenberg for a free consultation.

3 CAUSES OF DESK JOB INJURIES WORTHY OF WORKERS' COMP

Wed, 15 Aug 2018 20:10:15 GMT

Few people think of a desk job as being a hazardous environment, a place where getting hurt could lead to a legitimate reason to claim workers' compensation. Yet there are actually a few causes of injuries that shouldn't be overlooked.

FALLING DOWN

Falling is the number one cause of accidents in office environments according to Albert Einstein College of Medicine. In fact, you're twice as likely to fall and, consequently, suffer a disabling injury as someone who doesn't work in an office — even compared to those who work in warehouses or retail centers.

If you work for a tech company with a lot of computers and employees, you could trip on an electrical cord that wasn't properly hidden or accidentally run into someone's chair that was left in the middle of the aisle.

Another possibility could be slipping on a wet floor. After all, many office designs incorporate hard floors rather than carpets to make cleaning easier and to give the space more of a formal appearance.

If you have trips or falls at your office, take action by requesting that changes be made. Adhesive tape should be used to secure exposed cords. Bulky chairs can be replaced with others that take up less space. Also, the backs of chairs could be lined with brightly colored tape to catch the eye of people walking near them.

When it comes to floors, a rug with a grip mat could be placed at drinking fountains and sink areas.

LACK OF WORKSTATION ERGONOMICS

You might not realize it, but your desk could potentially lead to a musculoskeletal disorder — especially if it makes you have an awkward posture. Take a look at your desk and ask yourself the following questions:

Can I sit and work on my computer with my elbows at 90 degrees?
Can I reach everything around my desk area without straining myself?
Does my back ever hurt while sitting for too long?

If you have answered yes to any of the above questions, then it's time for a change. Otherwise, you could be hurting your body and causing potential permanent damage.

Talk with your employer to see if they can provide you with a more suitable desk situation. A standing desk could give you the opportunity to stretch your back. An adjustable-height desk helps you get that 90-degree angle that you need. In fact, the standard desk height of 29.5 inches is actually too high for 95% of people.

THE WAY YOU TYPE AND USE YOUR MOUSE

When people think of issues that can be caused by typing, they are probably more likely to associate it with carpal tunnel syndrome (CTS) than back issues. However, you're more likely to get CTS from using your mouse than from typing. This problem occurs because people use their mouse with repetitive and forceful movements.

As you use your mouse, do your best to click softly, without force. Also, use a mouse that fits your hand and that allows it to be as flat as possible — so not a curved mouse. An ergonomic hand-held mouse, like a whale or contour mouse, that allows you to use less wrist movement and more arm movement would be more helpful in avoiding CTS symptoms.

To make your typing more ergonomic, try putting the keyboard in your lap. You'll have a more natural and relaxed wrist and arm position with the keys closer to your body. Make sure to adjust your posture in the chair as well. Use the back rest for resting your back. Don't lean forward or sideways to type.

If you ever get an injury due to any of the above causes, don't hesitate to act. Seek both medical help and legal representation. Call The Law Offices of Jeffrey M. Greenberg , and we'll assist you with your case.

4 WORKERS' COMPENSATION TERMS EVERY WORKER NEEDS TO KNOW

Mon, 18 Jun 2018 20:24:54 GMT

Working in a manufacturing plant or on an oil rig means you have a greater chance of needing workers' compensation. A fall could lead to weeks or months off work. You might even face permanent disability from your workplace injury.

The last thing you want is to face terms and issues with workers' compensation during an injury. You need to know certain terms before you need workers’ compensation so you know what to expect. Here are four of those terms and what you need to know about each one.

1. NO-FAULT SYSTEM

You may hear the term no-fault system used in relation to workers’ comp. A no-fault system means that the workers' compensation does not take into consideration if the injury was your fault or your employer's fault. This system actually offers several benefits to you and to your employer during the compensation process.

If your workers' compensation is no-fault, neither you nor your employer must show proof that the injury was the fault of the other party. You will have to prove, however, that the injury was not pre-existing and that it did occur on the worksite during your work hours.

No-fault systems only have one exception. This exception is when a third party was the cause of the injury. In that case, the third party needs to be proven to be responsible for the injury.

2. AVERAGE WEEKLY WAGE

In order to determine your workers' compensation claim amount, your income has to be considered. To do this, you will need to provide your most recent paystubs. You will also need to have your lawyer determine your regular hours versus your overtime hours. You may also have to provide your previous year’s tax statements.

The key aspect of your income that your lawyer will look for is your AWW. AWW refers to your average weekly wage. This is determined from your paystubs and income assessment. Once your AWW has been determined, the information can be sent to the workers' compensation office for the claim. They will then determine how much you will receive based on the injury, time out of work, and income factors.

3. TEMPORARY PARTIAL AND TOTAL DISABILITY

You may hear two terms when your lawyer tries to determine the level of your disability due to your injury.

The first term is temporary partial disability. This type of disability means that you can continue to work, but you will be limited on what you can do. For example, you work in construction and have a leg injury from an accident on the job. You can't do the normal work you did before, but you can clean up or deliver items. You can claim workers' compensation benefits, but they will be for a limited time.

The other term you will hear is temporary total disability. This term refers to being disabled from your injury and not being able to work during healing time. The benefits you can claim will only be for the duration of the healing time of the injury. If you can go back to work and work another position, your claim benefits will be reduced.

4. VOCATIONAL REHABILITATION

If your injury results in the inability to do your job, vocational rehabilitation is an option. Vocational rehabilitation is a way for you to take your skills and work them into another career option. You will work with your location rehabilitation representative to go over your previous skills, education, and the options available to you.

In some cases, your option will be to go into a different career. If this is an option, the vocational rehabilitation will cover the fees for new training. Once your training is finished, the vocational rehabilitation representatives will help you develop a new resume and apply for available jobs in the new field.

By understanding these four workers' compensation terms, you can become better prepared for an event if it occurs. If you feel that you need to pre-plan financially for healthcare issues, contact The Law Offices of Jeffrey M. Greenberg . We can help you prepare for a possible event and be there if an event occurs in the future.

AN INJURED EMPLOYEE'S GUIDE TO EMPLOYER RETALIATION

Wed, 18 Apr 2018 20:30:40 GMT

While you may be entitled to compensation following a work-related injury, filing a workers' compensation claim can expose you to adverse actions from your employer. Employers are usually reluctant to pay compensation claims and may attempt to dissuade or punish an employee for filing such a claim.

However, federal and state statutes prohibit employers from retaliating against employees who seek their rightful benefits. If you have been injured at work, here's what you need to know about employer retaliation and what you can do about it

Employer Retaliatory Behavior

In California, an employer can’t legally punish a worker for engaging in protected activities such as reporting illegal conduct, refusing to participate in illegal conduct, filing a discrimination lawsuit, filing a lawsuit on illegal workplace activities, or filing a wage claim with the Labor Commissioner.

Because you have a right to workers' compensation if you are injured at work, filing such a claim is a protected activity.

Unlawful retaliation by an employer may include firing, demoting, slashing wages and hours, passing someone over for promotion, excluding someone from certain benefits, or harassing an employee.

Note that your employer may terminate, demote, or discipline you for other reasons such as misconduct as long as your employer is not singling you out for filing a workers' compensation claim.

In addition, your employer is not legally obligated to retain your job position if you are unable to work due to an injury. Your employer may have to replace you if you will be away for months.

Proof of Retaliation

The burden of proving employer retaliation in a worker's compensation case lies with the employee. You must have adequate evidence to show that your employer's actions were due to you filing a benefits claim following a workplace injury. You have to show that your claim was the motivating factor in your employer's decision to, for example, terminate you or cut your wages.

Under California law, you do not have to prove that filing a workers' compensation claim was the primary reason for your employer's retaliation. You only need to show that your filing was a determinative factor in influencing your employer's behavior. You also need to show that other reasons given by your employer for the retaliatory actions are unworthy of belief.

For an employer retaliation claim to be admissible, you must prove these four requirements:

You were entitled to workers' compensation benefits.
You engaged in a protected activity (filing the claim).
You have suffered significant employment-related consequences such as losing your job.
The employer's actions were motivated by your protected activity.

If you can prove these four things, you will have a better chance of winning a case.

Actions to Take

If you suspect your employer is retaliating against you for filing a workers' compensation claim, speak to your supervisor about the actions. Your employer may have had legitimate reasons for taking certain actions.

If no valid reason is given, explain that you are concerned that the employer's actions are retaliatory because these actions were enforced soon after you filed a compensation claim.

In case your employer declines to resolve the problem, you may have to file a complaint with the California Department of Fair Employment and Housing (DFEH) or the federal Equal Employment Opportunity Commission (EEOC).

Gathering enough evidence such as documentation or communication pointing to the alleged retaliatory behavior can improve the chances of your case. If you have been terminated or your wages have been slashed after filing a workers' compensation claim, discuss your legal options with an attorney.

At The Law Offices of Jeffrey M. Greenberg , we can help you deal with a retaliatory employer and navigate the workers' compensation claims process so you can get what is rightfully yours. Contact us for help.

INJURED WHILE WORKING ON THE DOCKS OR A BOAT?

Sun, 18 Feb 2018 20:35:36 GMT

When an employee is injured or becomes ill, they may not be able to work for a while, so they will not be paid. In the meantime, medical bills will pile up. While most employers must have workers' compensation insurance to compensate employees who are hurt or become ill from something work-related, it is a bit different for maritime workers.

Maritime employees are anyone who works on the docks or on a boat. However, if your job is being a captain or member of the crew, you are considered a mariner. If you work on the docks, you are a stevedore. Injuries and illnesses will be compensated in different ways for the different workers. Here is a bit of information to help you understand this better.

WORKERS' COMPENSATION

Workers' compensation is an insurance that employers have to buy to protect their employees from financial loss due to a work-related injury or illness. The program is run by the state where the business is operated. It does not matter who is at fault. Even if you were horsing around when the injury occurred, if you were at work, you are covered.

This type of coverage is available for stevedores. However, it is not available for mariners. The coverage will pay up to 60 percent of the average weekly wage you received over the last year. There will be a limit to how long you can receive this compensation for a partial disability before you must apply for Social Security Disability Insurance.

LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT (LHWCA)

The LHWCA is a federally run program for stevedores. Like state-run workers' compensation, there is no need to prove fault for a claim to be approved and paid. This act pays up to two-thirds of your average pay for the last year, and you can receive benefits for a partial disability permanently.

The requirements for a claim being approved under LHWCA is different from those for state workers’ compensation. This is why you should contact an attorney who is experienced with both of these before filing any paperwork. If you are approved for workers' compensation, you cannot receive benefits under LHWCA even if you would have qualified.

JONES ACT

The Jones Act pertains to anyone employed as a captain or member of the crew. It is very different from the other programs in that you must prove some type of negligence on the company. However, even if the company or boat owner is only 1 percent at fault, you have a case.

According to the Jones Act, you can sue the boat owner or company for any type of negligence. Negligence can be something as simple as not repairing a handrail or not having a sign warning you of a wet deck.

In addition, you may sue if you can prove the boat is unseaworthy. A boat may be deemed unseaworthy even if the owner did everything to create a safe workplace. It may start off as seaworthy but then have something happen while at sea that damages a part and makes it unseaworthy.

Under the Jones Act, the law states that your employer must provide you with maintenance and cure. This term means that your employer will pay your rent or mortgage, buy food, pay property taxes and insurance, and pay your utility bills while you are recovering. In addition, all your medical bills will be paid.

Whether you were on the boat or loading it, if you are injured while working, you are going to need legal help to navigate the different acts and programs. Contact The Law Offices of Jeffrey M. Greenberg. We will help you receive the financial benefits you are entitled to so you can spend all your time and energy healing.

UNDERSTANDING REPETITIVE STRESS INJURY

Thu, 28 Dec 2017 20:41:26 GMT

Repetitive stress injuries (RSIs), also known as repetitive strain injuries, affect a variety of body parts, but most commonly the arms and hands. Repetitive strain injuries tend to last longer than simple strains, and they can have a significant impact. If you are experiencing an RSI, it makes sense that you turn to legal counsel.

Many people realize that they have RSIs all too late. The symptoms and side effects can influence your ability to work in the future. Unfortunately, many workers’ compensation claims are denied right away.

If you are dealing with an RSI but have questions about the process, this guide will answer some of the most common questions people have about the steps to take if you have an RSJ.

What Are the Types of Repetitive Stress Injuries?

While commonly confused for overuse injuries, RSIs are much different because they require repetition. One example of a repetitive stress injury is tendonitis, which is inflammation of the tendons that connect muscles and bones. Tennis elbow is a common form of tendonitis.

Symptoms of RSIs typically include swelling, numbing, and tingling of the affected body parts. You might also experience stiffness, weakness, or sensitivity in the affected areas. Much of the time these symptoms are not immediate.

What Types of Jobs Are Associated With Repetitive Stress Injuries?

Repetitive stress injuries are commonly associated with manufacturing and assembly line jobs, especially those including packaging, operating heavy machinery, and inspecting. On the other hand, RSIs may also be associated with baking, cabinetry, technology, and construction.

For example, construction workers commonly experience RSIs because of temperature changes on the job and vibration caused by power tools. Typists experience issues like carpal tunnel, and people who work on assembly lines may experience injuries from repeatedly moving the arm in the same way.

No matter your occupation, workers’ compensation specialists will take a hard look at what you do each day to determine if you deserve compensation for your injuries. While RSIs encompass a variety of industries, certain occupations are not as likely for inclusion.

What Treatments Are Associated With Repetitive Stress Injuries?

Several treatments are beneficial for relieving the pain and discomfort associated with RSIs. Physical therapy is one common treatment, but in some cases the injuries may require general, plastic, or orthopedic surgery.

Mitigating your damages is an essential component of RSIs, and you may be asked which measures you have taken for your own treatment. This might include resting, icing, splinting, and elevating the injured limb. You may also take part in occupational therapy programs.

Employers are supposed to mitigate damages on their part as well. They can help minimize the risks of RSIs by encouraging good positioning and introducing ergonomic devices like keyboards and computer mice. Allowing small breaks and encouraging sitting is essential too. Employers should also allow certain equipment, like carts and dollies, as is necessary.

Why Do You Need a Lawyer to Handle Repetitive Stress Injuries?

The law comes into play when you apply for worker's compensation. Many cases require filing an appeal or request for a workers’ compensation hearing in order to receive the settlement or award. Lawyers can help you file your appeal.

If you do experience an RSI caused by work, you may be entitled to medical benefits. The benefits often include diagnostic tests, physical therapy, medical procedures, rehabilitation, and medications. In some cases, workers’ compensation will even cover travel, income replacement, and vocational counseling.

Hiring an attorney is essential for appealing or requesting worker's compensation. The Law Offices of Jeffrey M. Greenberg is here to help you with your California worker's compensation issues. We represent injured workers to ensure their rights are protected in court.

UNDERSTANDING YOUR WORKERS' COMPENSATION CONSULTATION

Thu, 19 Oct 2017 20:46:51 GMT

You were injured on the job, and now you need to make a workers' compensation claim. What if you only know a few things about this type of personal injury case? For instance, you likely know that you are entitled to some form of compensation during your recovery period and possibly beyond that time period. You may also know that you need to have something from your doctor that shows when and how your injury occurred.

Read this post to discover what you need to know before your workers’ compensation consultation with a lawyer.

UNDERSTANDING WORKERS' COMPENSATION LAW

The first thing that will likely happen is a short discussion about workers' compensation law as it pertains to your case. Your lawyer may also provide an overview of what compensation you are eligible for in general and what possible options may be available for your specific case.

Something to keep in mind with this portion of the consultation is that you are not dealing with money coming from your employer. You are also not suing your employer for benefits. These are benefits that come from the Department of Labor and do not affect your paycheck or returning to work after you have healed from your injury.

NEGLIGENCE ISSUES

Part of the consultation will be to determine if the injury you sustained was due to negligence on the part of your employer. Employer negligence can take many forms, so your lawyer will want to go over all the circumstances that preceded your injury. The main point of this conversation will be to determine if you will seek compensation directly from your employer.

An example of company negligence is knowing there is a hazard and not marking off the area or notifying maintenance. For instance, perhaps there is a slippery area of a walkway that would cause you to fall and become injured. Your employer may have also received reports of faulty equipment but didn’t stop you from using that equipment, leading to your injury.

DISCUSSION OF THE PROCESS

By the time you meet with a lawyer, you may have already filed your workers' compensation claim. Depending on the status of that claim, your lawyer will explain the next steps you should take. He or she will also go over what to expect with each phase of the process.

If the other party is contesting your claim, you will be facing pretrial and trial preparations. If your case goes to trial, you’ll need to present medical evidence and testimony. If your claim has already been denied, your lawyer can help you prepare an appeal.

QUESTION AND ANSWER SESSION

During the consultation you will be given the chance to ask any questions you may have about the process. Your lawyer will answer both the basic, frequently asked questions and questions specific to your case. You may also have questions regarding the various forms of compensation you can receive.

Your lawyer can also talk about your potential compensation if your injury has altered your life permanently. For example, you may be eligible for lifelong medical compensation. These payments should cover any medical treatment you receive for as long as you are dealing with the injury. You will have to show that the treatment you are obtaining is for that specific injury and was related to the injury that happened on the job.

These are only a few key points to understand about your consultation. Depending on the severity of your injury and how the injury was sustained, certain aspects may change. Your lawyer will be able to help you through the process and ensure you are getting what you deserve for your injury. For a workers’ compensation consultation in the San Francisco area, contact the Law Offices of Jeffrey M. Greenberg .

UNDERSTANDING SSDI CASES

Mon, 15 Feb 2016 20:55:35 GMT

Most people applying for Social Security disability have to appear before a judge to win their case, and the majority of initial claims are denied. The denial rate can be discouraging, but the fact that nearly half of denied claims are later approved shows these cases can be won. Being knowledgeable about the disability system can play a large role in the ruling on your case.

APPEALS ARE INEVITABLE

While some cases are won after a single hearing, a vast majority of SSDI cases go through several appeals before benefits are awarded. Claimants who give up too early could very well be quitting on a potentially successful claim.

CREDIBILITY IS IMPORTANT

Judges can look to a few things to determine your claim’s credibility:

Work history
Medical records
Doctor’s analysis

To even be considered, your claim can’t leave any doubt as to its validity. Claimants must be able to produce thorough discovery as it relates to the history of their disability.

EVERYTHING IS RELATIVE

Part of the reason so many claims must go through an appellate court is that opinions vary on these matters. Lawyers, judges and claimants have differing views on who can do what type of work and with what ailments.

A ruling in a Social Security disability claim can change a person’s life. Let our skilled SSDI lawyers at The Law Offices of Jeffery M. Greenburg in San Francisco help you with your case. Contact us at 415-409-9900 today.

COMMON MISTAKES MADE WHEN SEEKING WORKERS’ COMPENSATION

Mon, 15 Feb 2016 20:51:02 GMT

If you suffer an injury on the job, it’s important to file any corresponding workers’ compensation claims both promptly and properly. If this process is not performed correctly, even a claim that is perfectly valid could possibly be rejected. Make note of these common pitfalls so you can avoid them for yourself.

DON’T WAIT AROUND

Workers’ compensation is designed to quickly provide care to affected individuals, and in turn that means you should always report any injuries immediately. If you’re hurt at work, let your employer know as soon as is safely possible. Additionally, you should make sure that the report is official – make sure it’s in writing (many employers have set paperwork for filing claims). If necessary, email the pertinent details to a supervisor so the incident is on record.

CONSISTENCY MATTERS

Always be sure to correctly recall any pertinent details of the incident that resulted in your injury. Discrepancies can lead to suspicion of false claims, which can cause you to be denied even when legitimate needs exist.

SEEK ASSISTANCE FROM A SKILLED LAWYER

An attorney experienced in workers’ compensation can often be your greatest ally when pursuing this type of claim. They are equipped with the legal knowledge and confidence to ensure that you have the best possible chance at receiving the assistance you require. For more information about workers’ comp claims , contact The Law Offices of Jeffrey M. Greenberg in San Francisco.

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4 WORKERS' COMPENSATION QUESTIONS FOR CALIFORNIA WORKERS

AM I AN EMPLOYEE OR AN INDEPENDENT CONTRACTOR?

5 REASONS YOU NEED TO REPORT WORKPLACE INJURIES RIGHT AWAY

3 WAYS CONSTRUCTION WORKERS CAN AVOID INJURY

OSHA: WHAT ALL EMPLOYEES NEED TO KNOW

WHAT YOU SHOULD KNOW ABOUT RESTRICTIONS AFTER A WORK INJURY

4 REASONS YOUR WORKERS' COMPENSATION CLAIM MAY BE DENIED OR REDUCED

5 LEGAL FACTS CONSTRUCTION WORKERS SHOULD KNOW

1. CONSTRUCTION IS ONE OF THE MOST DANGEROUS INDUSTRIES IN THE UNITED STATES

2. HIGHWAY COLLISIONS CAUSE THE MOST DEATHS EVERY YEAR

3. THE CONSTRUCTION INDUSTRY HAS MANY OSHA VIOLATIONS

4. RULES FOR INDEPENDENT CONTRACTORS ARE DIFFERENT IN CALIFORNIA

5. YOU MAY BE ABLE TO PURSUE A PERSONAL INJURY CASE IN ADDITION TO WORKERS' COMP

HOW A PREVIOUS INJURY COULD AFFECT A WORKERS' COMPENSATION CLAIM

SETTLEMENT REDUCTION

INCIDENT CAUSE

WORSENING CONDITION

POTENTIAL COMPLICATIONS OF A WORKERS' COMPENSATION CLAIM

PRE-EXISTING ISSUES

PRE-EXISTING ISSUES

PERMANENT DISABILITY

SOCIAL SECURITY DISABILITY INSURANCE BENEFITS

POST-SETTLEMENT MEDICAL COMPLICATIONS

TREATMENT DIFFICULTIES

LONGSHOREMEN: COMPENSATION FOR HEAD INJURIES

5 MISTAKES TO AVOID WHEN FILING A WORKERS' COMPENSATION CLAIM

3 CAUSES OF DESK JOB INJURIES WORTHY OF WORKERS' COMP

FALLING DOWN

LACK OF WORKSTATION ERGONOMICS

THE WAY YOU TYPE AND USE YOUR MOUSE

4 WORKERS' COMPENSATION TERMS EVERY WORKER NEEDS TO KNOW

1. NO-FAULT SYSTEM

2. AVERAGE WEEKLY WAGE ﻿

3. TEMPORARY PARTIAL AND TOTAL DISABILITY

4. VOCATIONAL REHABILITATION

AN INJURED EMPLOYEE'S GUIDE TO EMPLOYER RETALIATION

INJURED WHILE WORKING ON THE DOCKS OR A BOAT?

WORKERS' COMPENSATION

LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT (LHWCA)

JONES ACT

UNDERSTANDING REPETITIVE STRESS INJURY

UNDERSTANDING YOUR WORKERS' COMPENSATION CONSULTATION

UNDERSTANDING WORKERS' COMPENSATION LAW

NEGLIGENCE ISSUES

DISCUSSION OF THE PROCESS

QUESTION AND ANSWER SESSION

UNDERSTANDING SSDI CASES

APPEALS ARE INEVITABLE

CREDIBILITY IS IMPORTANT

EVERYTHING IS RELATIVE

COMMON MISTAKES MADE WHEN SEEKING WORKERS’ COMPENSATION

DON’T WAIT AROUND

CONSISTENCY MATTERS

SEEK ASSISTANCE FROM A SKILLED LAWYER

2. AVERAGE WEEKLY WAGE