Walters & Zinn, Attorneys at LawWalters & Zinn, Attorneys at Law2024-03-12T12:36:30Zhttps://www.walters-zinn.com/feed/atom/WordPress/wp-content/uploads/sites/1200615/2019/12/cropped-SiteIcon_WaltersZinn-32x32.pngOn Behalf of Walters & Zinn, Attorneys at Lawhttps://www.walters-zinn.com/?p=503752024-03-12T12:36:30Z2024-03-12T12:36:30ZHow do agricultural workers get exposed to pesticides?
Because of their work in handling and spraying pesticides, agricultural workers are at higher risk of chemical exposure. The following activities raise the risks of exposure:
Preparing pesticides for use, such as loading the chemical into application equipment or mixing a concentrate with water.
Applying pesticides in places like farms and greenhouses.
Entering an area where pesticides were applied to perform tasks such as picking crops.
Because pesticides are such an integral part of the agricultural process, workers can’t easily avoid exposure to the chemicals. Long-term exposure can lead to serious health issues.
The health problems caused by pesticides
Pesticides can cause both short-term acute effects and chronic adverse effects.
Some acute effects that could plague agriculture workers include:
Blisters
Blindness
Diarrhea
Dizziness
Rashes
Stinging eyes
More toxic pesticides can cause the following chronic effects:
Birth defects
Cancer
Disruption of the endocrine system
Harm to the reproductive organs
An agricultural worker experiencing any of these symptoms may want to file a workers’ comp claim.
Workers’ comp for affected workers
California’s workers’ compensation system can help workers suffering from illnesses related to pesticide exposure. Workers’ comp can provide benefits for medical treatment, temporary or permanent disability and even supplemental job displacement.
As helpful as workers’ comp is, there’s no guarantee that a worker’s employer would approve their claim to an illness. An employer might also refuse to pay full benefits for a worker’s illness. If this happens to you, remember that a legal professional may be able to help you appeal a denied claim or a stop to benefits payments.]]>On Behalf of Walters & Zinn, Attorneys at Lawhttps://www.walters-zinn.com/?p=503742024-03-07T16:33:57Z2024-03-07T16:33:57Zworkers’ compensation claim will be denied? One of your first steps should be to educate yourself on common reasons for workers’ compensation claim denials, that way you know what you need to avoid. That said, let’s look at some of the top reasons why workers’ compensation claims are denied.
It may not seem like it at first, but there are a lot of justifications for denying a worker’s compensation claim. These include the following:
The injury occurred outside of work: To obtain workers’ compensation benefits, you have to demonstrate that your injuries were suffered on the job while you were performing work-related duties. If you suffered an injury outside of work, your employer and their insurer are likely to find out, at which time they’ll deny your claim. This issue often comes up when people are injured during breaks or during their commute to work. In these instances, workers’ compensation likely won’t apply.
Medical care wasn’t sought out: You need supporting medical documentation when pursuing workers’ compensation benefits. Without it, your employer’s insurance company probably isn’t going to take you at your word. In these instances, then, you’re claim will be denied. We know there’s oftentimes an urge to tough out injuries and avoid going to the doctor, but if you’ve been injured on the job, then you need to seek out immediate medical care and secure any recommended follow up treatment.
Pre-existing condition: If you have a pre-existing condition, then the insurance company is going to latch onto that fact to argue that your injury isn’t covered by workers’ compensation. You can still recover workers’ compensation benefits if your pre-existing condition was exacerbated at work, but this is a nuanced argument that’s going to require a detailed opinion from your medical provider.
Procedural errors: The workers’ compensation process has a lot of deadlines and notification requirements that have to be met. If you don’t adhere to them, then your claim will be denied. So, be sure to understand the rules that are applicable to your claim.
The injury was suffered during horseplay: As mentioned above, to recover workers’ compensation benefits, you have to show that your injuries were suffered while performing your work duties. If you were hurt while doing something you weren’t supposed to be doing at work, then you won’t be covered.
You continue to work: You have to miss work in order to secure workers’ compensation benefits. If you try to tough it out and stay on the job, then your employer’s insurance company isn’t going to deem your injuries severe enough to warrant coverage. So, be sure to discuss your work with your attorney so that you know how to address this aspect of your claim.
Don’t lose out on the workers’ compensation benefits you need
It may not seem like it at first, but there’s a lot of nuance that goes into a workers’ compensation claim. If you want to maximize your chances of recovering the financial support that you need, then you have to understand the ins and outs of the process and what you can do to reduce the risk of claim denial.]]>On Behalf of Walters & Zinn, Attorneys at Lawhttps://www.walters-zinn.com/?p=503732024-03-01T08:06:33Z2024-03-01T08:06:33ZWhat is heat stress?
Heat stress occurs when the body cannot cool itself enough to maintain a healthy temperature. This condition can lead to serious health issues, including heat exhaustion and heat stroke. Heat exhaustion symptoms include heavy sweating, weakness, cold, pale and clammy skin, a fast, weak pulse, nausea, or vomiting.
If untreated, this can escalate to heat stroke, characterized by high body temperatures, hot, red, dry, or moist skin, rapid and strong pulse, and possible unconsciousness.
Although it’s a risk that can affect anyone exposed to the elements, the following individuals are more likely to suffer heat stress:
Persons aged 65 or older
Overweight individuals
Persons with heart disease or high blood pressure
Persons who take medications that make them susceptible to heat stress
Apart from overexposure to the sun, hot environments such as indoor locations that lack ventilation may also induce heat stress.
How workers’ comp can help
When heat stress does lead to injury or illness, California workers' compensation can help affected workers. Under state labor laws, workers’ comp covers any injury or illness arising from and during employment. This means construction workers may receive workers' compensation benefits if they suffer from heat exhaustion or heat stroke. These benefits include medical treatment costs, temporary disability benefits if the worker needs time off to recover, and even permanent disability benefits in severe cases.
However, workers' compensation claims aren’t always approved automatically. An employer may argue that your claim for heat stress isn’t work-related. If this happens, you can still appeal the denial. A legal professional with workers’ comp experience can walk you through the appeal process and fight for your right to compensation.]]>On Behalf of Walters & Zinn, Attorneys at Lawhttps://www.walters-zinn.com/?p=503722024-02-21T09:22:03Z2024-02-21T09:22:03ZElectric shock injuries
Electric shock injuries in the tech industry can result from direct contact with exposed wires, faulty equipment, or even static discharge. While not common, these incidents can lead to severe injuries or even fatalities. In California, you’re entitled to workers’ compensation benefits under the law if you suffer an electric shock at work.
Hardware-related injuries
Tech workers also face potential injuries from the hardware they use or maintain. Heavy server racks, sharp components, and the moving parts of robotic assemblies can cause harm if a business doesn’t observe proper safety protocols. Just like with electric shocks, workers’ comp can cover hardware-related injuries.
Your workers’ comp rights as a tech worker
When a tech worker in California is injured due to electric shock or a hardware incident, they have the right to file a workers' comp claim under the state’s Labor Code and the Division of Workers' Compensation (DWC). Injured workers can receive medical treatment, compensation for lost wages, and other benefits.
Filing and processing a claim
To file a claim, report the injury to your employer immediately, and complete a DWC-1 claim form. California law requires employers to authorize medical treatment within one working day of the claim filing, pending the claim's resolution.
Even if your tech employer authorizes initial medical treatment for your injuries, there’s no guarantee that it would approve your claim for benefits. If your employer denies the claim, you can still appeal the decision with the DWC. A legal professional experienced in workers' compensation matters may be able to help guide you through this appeal process and push for adequate compensation.]]>On Behalf of Walters & Zinn, Attorneys at Lawhttps://www.walters-zinn.com/?p=503712024-02-05T09:59:31Z2024-02-05T09:59:31ZImmediate actions following a workplace injury
As soon as an injury happens, your first order of business is to treat your injuries right away. Seek medical attention, especially for urgent injuries. Your employer may tell you where to receive treatment, usually from a healthcare provider that’s part of your employer’s health plan.
You should also immediately notify your supervisor or employer that you’ve injured yourself in a workplace accident. This notification can be verbal or written. What’s important is that, by California law, you should report your injury to your employer within 30 days to receive compensation.
Documenting the injury
Thorough documentation of all the related details is important for any workers’ compensation claim. Your employer or insurer will need to assess the circumstances of the incident to determine your eligibility for claims. Consider the following steps in documenting:
Write down the date, time, and location of the incident.
Describe the injury and how it happened.
List any witnesses and their contact information.
Keep copies of all correspondence related to the injury.
On top of these details, you should also keep medical records related to your claim.
Medical records are critical
Another cornerstone of any workers’ compensation claim is medical documentation. Consider the following steps:
Visit a healthcare provider to assess and document your injury.
Request copies of all medical reports and treatment plans.
Follow the doctor's instructions and attend all appointments.
Remember that your employer and insurer will determine which types of benefits you may be entitled to based on the severity of your injuries and disability.
The claim form
When you report your injury to your employer, they should provide you with a claim form and a notice of potential eligibility for benefits (either in person or through mail) within one day of your reporting. Even if your employer doesn’t send you a claim form, you may download one from the California Department of Industrial Relations (DIR).
To trigger the claims process, you must complete the “employee” section of the form and send it back to your employer. But your responsibilities don’t end there: you should stay on top of your claim by following up with your employer and their insurer on the status of your case.
Documentation is an important element of any workers’ comp claim. However, even with complete documentation, there’s no guarantee that your employer or insurer would approve a claim. If your claim was rejected, consider consulting with a legal professional who may be able to help you appeal the denial with the DIR.]]>On Behalf of Walters & Zinn, Attorneys at Lawhttps://www.walters-zinn.com/?p=503702024-01-30T13:09:21Z2024-01-30T13:09:21ZUntreated RSI may develop into a chronic condition
Your workplace presents you with various occupational hazards. There is the occasional exposure to disease and chemicals, attacks by violent patients and stress-related illnesses. However, one thing you might’ve realized while working is how physically demanding nursing is.
You have to lift patients, chart and type, administer medications and injections, perform CPR compressions, carry equipment, and more. These involve performing the same motions again and again or staying in awkward and uncomfortable positions for long periods. Over time, the overuse of certain parts of your body can result in RSI injuries such as:
Tendonitis
Carpal tunnel syndrome
Tennis elbow
Trigger finger
Lower back strain
These injuries can sneak up on you, starting as a minor discomfort that you might dismiss as tired muscles. Eventually, your aches and pains progress into RSI symptoms. You might start to notice a burning, throbbing or aching feeling, numbness, pins-and-needles or stiffness.
However, ignoring the pain won’t go away. Without proper treatment, RSI could worsen and make your job difficult to do or limit your ability to perform basic tasks.
Challenges with recovering from RSI
As a healthcare worker, you must remember to take care of your health in the same way that you take care of others. If you start to feel RSI symptoms, it may be time to obtain a diagnosis and take steps to combat your condition.
Generally, treatment for RSI requires taking a break from the activities that cause your symptoms. You may need to take time off work and medication to recover. In addition, you may qualify for workers’ compensation. This can help cover your lost wages and medical bills while you recuperate.
However, not all workplaces make it easy for employees to receive their benefits. If your employer isn’t taking your injury seriously or if your claim representative denies your claim, consider seeking legal avenues for assistance.
Remember, you cannot take care of your patients when you are hurting. Stretch, take breaks or seek medical treatment to prevent your injuries from progressing further.]]>On Behalf of Walters & Zinn, Attorneys at Lawhttps://www.walters-zinn.com/?p=503652024-01-18T18:35:28Z2024-01-18T18:35:28ZUnderstanding what the program is
The CAL initiative is a beacon of hope for individuals with certain severe medical conditions. These conditions include:
Specific cancers that can't be operated on or have spread far
Brain disorders in adults
Rare disorders that affect children
The program identifies claims from people with these conditions and gives them priority. Typically, getting Social Security disability benefits takes 3-5 months. This timeframe only applies if everything is in order. However, the situation could be different if there are inaccuracies. For those who need to update their personal information or have issues with the medical paperwork, it can take longer.
But for those with severe disabilities, the CAL can fast-track the process by helping workers with verification. It cuts down the waiting time for a disability determination, which offers relief to those with the most severe disabilities.
Workers must have a qualifying condition
Before a worker can qualify for CAL, the SSA needs to check how severe their condition is. They use the same standards for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). The SSA also has a list of certain conditions. If people have these conditions, they might be eligible for compassionate allowances.
Access to assistance
The process of applying for benefits can be stressful, especially when dealing with a severe condition. Fortunately, there are resources like the CAL initiative to help simplify the journey. If workers need assistance with their claims, they should seek a legal professional. They can provide guidance and help workers understand their eligibility for initiatives like the CAL.]]>On Behalf of Walters & Zinn, Attorneys at Lawhttps://www.walters-zinn.com/?p=503642024-01-05T15:38:44Z2024-01-05T15:38:44Zworkers’ compensation benefits. If you’re successful in recovering this support, then you can receive money to help offset your lost wages and medical expenses. That’s not to say that you’ll be made whole, though, which is why you’ll have to take additional action to protect your financial stability as you focus on your recovery.
Budgeting after suffering a workplace injury
Money might be tight after being injured on the job. Although workers’ compensation can give you the relief that you need, you’ll still want to be cautious moving forward so that you can maintain financial stability.
Creating or modifying your budget can be helpful. Here are some tips for addressing yours while you’re on workers’ compensation and recovering from your injuries:
Analyze your bills: When money is short, you need to assess your expenses to see if there’s anything you can cut. You’ll have to pay your medical bills, keep a roof over your head, and put food on the table, but you might be able to curtail discretionary spending while you’re focusing on your recovery and getting back to work.
Assess your savings and other resources: While workers’ compensation is a great way to obtain some financial stability in your time of need, it might fall a little short of what you were hoping. In that case, you’ll want to assess your resources to see if you have emergency funds to pull from to offset your costs until you can get back to work.
Be cautious with credit cards: Although your budget might include credit card payments, you should focus on clearing this debt and refrain from using your credit cards to pay for large bills associated with your recovery, such as your medical expenses. The interest rates on a credit card can cause balances to skyrocket, and reporting the debt to credit agencies is easier for credit card companies than it is for hospitals. So, as you budget, make sure you have a plan for how to safely cover your expenses.
Consider how long you’ll be out of work: Some people who are injured on the job are able to incrementally return to work in quick fashion, thereby limiting the financial struggles that they face. If your injuries are so severe that they’re going to force you to change careers, though, then your budget should take into consideration your need for additional training and education to prepare yourself for your next career.
Be prepared
A workplace injury can leave you reeling, unsure of where to turn for help and uncertain of what the future has in store for you. Fortunately, you can take control of your recovery and your future. One of the best ways to do so is to seek out the workers’ compensation benefits you deserve.]]>On Behalf of Walters & Zinn, Attorneys at Lawhttps://www.walters-zinn.com/?p=503632024-01-05T09:54:11Z2024-01-05T09:54:11Z141 firefighter fatalities while on duty.
California recognizes firefighters’ selfless commitment to protect people and properties. So, the state grants workers’ compensation coverage for injuries on the job. Unlike other workers, firefighters also receive additional benefits.
Firefighters have unique protections
Due to the hazardous nature of their work, firefighters often suffer from injuries, such as burns, and develop illnesses, such as cancer and lung damage. In these instances, they can seek financial relief for their medical bills and obtain disability benefits.
On top of mandatory coverage, per the state’s Labor Code 4850, city, county and district firefighters with active fire prevention duties are eligible for special benefits.
These unique protections include a one-year full salary when they cannot return to work due to their condition instead of getting disability benefits worth only a third of their income.
By default, the law also presumes their injuries are a result of doing their jobs. So, employers have the burden of proof if they want to dispute a compensation claim.
Also, these special benefits extend to volunteers and police officers, who are just as in constant peril trying to serve their communities. However, these policies do not apply to workers who are not in active law enforcement.
Firefighters also need someone to fight for them
Firefighters stand in the line of fire to save lives. But when their physical and financial well-being are at stake, they need support too. A legal team can help them in filing timely and accurate paperwork to pursue their claims. Doing so can prevent unjust settlements for their injuries and other losses.]]>On Behalf of Walters & Zinn, Attorneys at Lawhttps://www.walters-zinn.com/?p=503602023-12-21T23:46:11Z2023-12-21T23:46:11ZAccommodations for working with restrictionsIf your primary treating physician clears you for work but with certain restrictions, your employer must accommodate these. Adjustments could include:
Modifying your tasks
Reducing your time on certain activities
Providing special equipment
If you believe your employer isn’t respecting these restrictions, you must voice your concerns and document them in writing. More importantly, you can refuse assignments that don’t meet your medical restrictions.
Returning to work without restrictions
Once your physician clears you to return to work without restrictions, your employer typically must offer your previous job and pay. However, if you still feel unwell or unfit, don’t force yourself back into the role. It’s crucial to communicate these challenges to your medical professional promptly.
Your right to accessibility
Going back to work may bring about certain anxieties. However, contrary to common belief, accommodations for disabled employees are typically not demanding or costly. Often, simple changes in the work environment or schedule enable an employee to perform effectively and safely. So, not only should employers be open to accommodating you, but you should also feel empowered to request the necessary adjustments. Remember, these accommodations are not a privilege but a right. They serve to create a fair and accessible workplace for you to work without any difficulties.]]>