What is a Cumulative Trauma Injury?
Cumulative Trauma Injury, also known as Cumulative Trauma Disorders (CTDs), are becoming more prevalent in the workplace all over the United States. In fact, CTDs account for more than 50% of all occupational illnesses in the United States, according to the Bureau of Labor Statistics. CTDs include a wide variety of injuries, all of which affect muscles, tendons, and ligament structures. The most common CTD found in the workplace just so happens to be carpal tunnel syndrome, which is accounted for the greatest number of days away from work. Imagine yourself sitting in an office setting or standing in a labor setting, and repeating the same type of motions with your hands all day long. This is what typically causes most of these conditions, which are brought on by repetitive motion and overuse; more specifically, many people who work on assembly lines or at computers all day could expect to obtain one of these injuries. Sometimes, the trauma happens because there is inexperience of the job tasks, improper supervision by an employer to the point where bad habits occur, a belief that more force on the muscles gets the job done, or poorly designed equipment requires more effort to complete a task. All of these factors work together and are considered when an employee is injured on-the-job for a CTD. How do Fixed Working Postures Play a Part? Muscles in our body develop “trigger points”, which are due to the chronic stress state of a muscle. Workers who work on a line may find these common conditions within their duties throughout the day. Workers on a line may also experience accumulating static loading of the neck and shoulder muscles, which adds a strain to these muscles and enables areas of primary stress. Examples of CTDs Here are some of the most common disorders that are seen in office settings. They are all painful and sometimes crippling disorders that develop gradually over periods of weeks, months, or even years. Carpal Tunnel Syndrome: This is a painful condition of the hand and fingers that is caused by compression of a major nerve where it passes over the carpal bones through a passage at the front of the wrist. It could be caused by repetitive motions or fluid retention. Tendinitis: This is an inflammation, swelling, or irritation of a tendon. It develops when the tendon is repeatedly tensed from overuse. Low Back Disorders: This can include pulled or strained muscles, ligaments, tendons, or ruptured disks. When it comes to these disorders, causes may include poor posture or improper lifting techniques. Bursitis: This is the inflammation of the connective tissue that surrounds the joint. It typically includes the shoulder. Epicondylitis: This is elbow pain that is associated with extreme rotation of the forearm and bending of a wrist. Cervical Radiculopathy: This is a compression of the nerve roots in the person’s neck. Treatment The first, best treatment for CTDs is usually rest from the activities that caused the problem in the first place. This could mean time away from the work at hand or a general, overall change in work practices. As soon as symptoms of a CTD are recognized, it is very important to speak with a doctor. This is for documentation purposes and to catch the CTD early so treatment can be started. You may be sent to a neurologist or to therapy depending on what tests or treatment you need. Treatments may include wrist splints, cold or hot baths, anti-inflammatory medications, steroid injections, physical therapy, or even surgery in advanced cases (NJDH). Workers’ Compensation If you have sustained a CTD in the workplace, you may be entitled to certain workers’ compensation benefits. These benefits may include medical treatment, temporary compensation while unable to work, permanent disability, or partial disability. You can contact RAWA Law Group today for a free consultation. Get back on track in your lifestyle and receive the compensation that you deserve from your injury.
The Types Of Injuries Covered by Workers’ Comp
Typically employers purchase Workers’ Comp insurance. If you are injured on the job you have 30-45 days to notify your employer of your injuries. Once notifies your employer will then notify his insurance carrier. If there is no doubt or question of how you were injured, and it is a work-related accident, your workers’ comp benefits start immediately. Keep in mind your employer will also have you get seen by a doctor to treat your injuries. Te doctor may agree with you that your injuries were cause by a work related accident, and that you may need time off to heal properly. On the other hand the doctor may not agree that your injuries were in fact work related, or that your injuries are not that severe that would require time off. This can result in your claim getting denied by the Insurance Company. The next step is to file an appeal with the State Workers’ Compensation Board. So, what types of Injuries are Covered by Workers’ Comp? Types on Injuries Covered by Workers CompTo understand what injuries may qualify for workers’ compensation benefits, you should first understand that there are some eligibility requirements to be met. These requirements include the fact that the person or company you were working for must carry workers’ compensation, you must be an employee of that person or company, and your injury or illness must be work-related. If you just so happen to have sustained an injury on-the-job, then it is most likely going to be covered due to the fact that you were doing something for the benefit of your employer (DelPo). First Aid Treatment – Covered or Not? If you were injured and a first-aid kit was able to remedy that injury, then a workers’ compensation case will probably not come into play. This means that the injury was not near severe enough to warrant such insurance coverage. Cuts, scrapes, and small wounds will probably be seen as insignificant. However, if you are exposed to something that causes headaches in your day-to-day life, then you may be covered (Shafar). Repetitive Motion Injuries Repetitive motion injuries may be covered and come in various forms. Carpal Tunnel Syndrome is a motion injury due to the fact that you are working at a computer and stimulating your wrists day in and day out. If your body is being used in some way to perform constant motions beyond human specification, then you may be eligible for compensation you deserve! If these injuries so happen to be detected early, they can sometimes be cured. Treatment can include things like short periods of rest, light medication, and rehabilitative exercises. However, permanent disability can happen as well if they are not caught early on. Occupational Illnesses Illnesses are known as occupational illnesses when a worker becomes sick and the nature of the workers’ job increases the worker’s chance of suffering from the disease. High-stress jobs like police work and firefighting may even cover heart attacks, which can be caused by too much stress. Mesothelioma claims can come from asbestos exposure in the workplace. However, as a qualification, one must be able to make a clear connection between the job at hand and the illness that it caused (Repa). Mental Health Conditions Mental health conditions are considered just as much as physical conditions are. Post-traumatic stress disorder, depression, and severe anxiety may make you eligible for workers’ compensation. Stress may be a bit different, however; many workers experience stress to some degree, but the question is, how severe is the stress and what caused it? Stress alone may not be enough to get workers’ compensation. Are Injuries Outside the Office Covered? Even though you weren’t in your office when an injury happened, you may still be covered by workers’ compensation. It all depends on if you were working in the “course and scope” of your employment. This means that you were acting within your job duties and carrying out all business that is required of you. If you are getting paid for what you do and become injured as a result, then you may have a claim and where it happened doesn’t exactly matter (Shafar). If you are injured or become ill on the job, you may have a workers’ compensation claim and should speak to an experienced attorney who can assist you. Workers’ comp can include a very complex set of laws that only an attorney will be able to help you with. Find out if you have a claim today – call RAWA Law Group, a set of attorneys you can trust! Works Cited Barba Kate Repa. Nolo, 2015. Web. Accessed October 26, 2015. https://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter12-3.html Amy DelPo. Nolo, 2015. Web. Accessed October 26, 2015. https://www.nolo.com/legal-encyclopedia/are-you-eligible-workers-compensation-32963.html Amy DelPo. Nolo, 2015. Web. Accessed October 26, 2015. https://www.nolo.com/legal-encyclopedia/are-you-eligible-workers-compensation-32963.html
Eligibility Requirements: Workers’ Compensation Benefits
Can I Receive Workers’ Compensation Benefits Even if I Wasn’t at My Workplace When I Was Injured? There are, of course, eligibility requirements when it comes to work-related injuries and workers’ compensation. Two requirements state that the employer must be covered by workers’ compensation, and that you must be an actual employee to the workplace. A third requirement states: The injury or illness must be work-related. This means that, if you were doing something for the benefit of your employer and were injured, then the injury is known as work-related in nature. This is not always easily identifiable. Perhaps, in one situation, you were injured while on break but doing something for your boss. In this type of case, the injury didn’t necessarily happen at work, but it had some type of connection to it (DelPo). Where do you turn? “Within the Scope of Employment” “Within the scope of employment” refers to you being on the job or on the clock when your injury occurs. If you are within that scope, then you will probably be eligible for workers’ compensation benefits. If you’re making a claim, you will want to ask yourself – how do I define the beginning and end of my workday? Questions of liability may occur when injuries happen during a work commute, in parking lots, of at activities. Many states follow the same rule, which is known as “while in the course of employment.” This rule basically states that it doesn’t matter where the employee’s physical location is, or the time of day for that matter. As long as work duties were being performed when the injury happened, then the injury will be seen as a workplace accident and probably covered by workers’ compensation benefits. U.S. Department of Labor’s “Portal to Portal” Rule The “Portal to portal” rule means that workers’ compensation coverage won’t begin until the employee arrives to the workplace. It also implies that the coverage ends when the employee leaves at the end of the workday. There are exceptions to this: Benefit to the Employer: A worker could be covered if they are injured when commuting to work, or just performing duties in general that directly benefit the employer. An example of this could be a car accident that happens after a client dinner. However, workers’ compensation doesn’t extend to workers who are injured while committing a crime, so a worker who obtains a DUI would be committing a crime and therefore relinquish their right to benefits. Special Missions: If a worker is sent on a special mission by his or her employer and is injured during this work task commute, then there may be a liability issue. This could include an example of a slip and fall while running an errand. Sidewalks and Parking Lots: An area that is controlled by (or the property owning in some way) an employer is considered to be an extension of the worker’s actual workplace. This includes sidewalks, grassy areas, parking lots, and other places that an employee walks on that are on the way to the workplace. Outside Regular Business Hours: If you are performing a duty outside of business hours and become injured while performing that duty, workers’ compensation will sometimes cover you. An example would be a car crash while speaking with a patient on the phone. After-Hours Visits to Workplace: In many cases, a worker will not be covered if they are injured on work premises even if they aren’t scheduled to be working. However, there is an exception to this. If the employer is aware that the unscheduled worker came to visit other coworkers and didn’t object to this, workers’ compensation may come into play (Calisi). A lot of the time, you’ll need to have an outstanding backup defense to a workers’ compensation case. This is due to the fact that many legitimate claims will end up being denied for various reasons. If your work injury is denied, and you have a real claim, then you will want to seek the help of an experienced attorney who understands worker’s laws. Call RAWA Law Group today for a free consultation to see where you stand. Works Cited Amy DelPo. Nolo, 2015. Web. Accessed October 22, 2015. https://www.nolo.com/legal-encyclopedia/are-you-eligible-workers-compensation-32963.html Judge Anthony P. Calisi. Injury Claim Coach, 2015. Web. Accessed October 22, 2015. https://www.injuryclaimcoach.com/work-place-accidents.html
If I am Receiving Workers’ Compensation Benefits But Return to Work, Do I Still Get to Receive Those Benefits or do I Lose Them?
To understand if you get to keep your workers’ compensation benefits, you first have to understand what workers’ compensation truly is and what it does. Workers’ compensation is also known as workmans’ comp, and is a state-mandated insurance program providing compensation to employees who suffer from job-related injuries and illnesses. Depending on which state you reside in, how you receive your benefits can vary greatly. If you have become injured or ill on the job, you will probably be able to apply for these benefits regardless of who was at fault. However, if you choose to go in the direction of receiving the benefits, you will probably not obtain the right to sue your employer in court for damages from the injuries or illness (Nolo). Benefits You May Be Entitled To In California and many other states, there are various types of workers’ compensation insurance benefits you may be entitled to. You can see the following: Medical Care: These benefits are paid for by your employer to help you recover from an injury or illness at work. Temporary Disability (TD): These are payments that you receive if you lose wages. They are granted to you because your injury prevents you from doing your usual job while you are going through recovery. Permanent Disability (PD): These are payments if you don’t recover completely for your injury or illness. Supplemental Job Displacement (SJDB): These are vouchers that help you pay for retraining or skill enhancement if you don’t recover completely or return to work. Death Benefits: These are payments sent to the spouse, children, or other dependents if a worker just so happens to die from a job injury or illness (State of California) What if I Return to Work? Let’s say that you are injured but end up returning to your job – then there are some questions that need to be answered. Are you receiving wages equal to or greater than what you were earning prior to the injury? Are you still experiencing a wage loss due to your injury? If it’s the first instance, then your workers’ compensation benefits will likely come to an end. However, if it’s the second situation, then you may continue to receive wage loss benefits, even if they’re for a lesser amount than they were before. Furthermore, you may wonder about how workers’ compensation varies from the Family Medical Leave Act (FMLA). The FMLA requires an employer to reinstate an employee to the same or similar position when they return to their previous job. However, workers’ compensation doesn’t carry the same requirements. This is, instead, a type of insurance that is regulated by state laws. Under these state laws, there is generally no requirement to reinstate after workers’ compensation leave. However, many states will make an employer offer rehabilitation and retraining services to those who have been injured on the job (FindLaw). If you have become injured on the job, you may have some questions for an experienced attorney. Workplace injuries are something that happen to many employees every year in the United States. This is why it is a necessity for your employer to carry workers’ compensation insurance. Enlist in the expertise that you need to receive the compensation that you deserve. For more information about specific work injury case, please contact Rawa Law Group. Remember the call is FREE and the consultation is FREE. There is no obligation, the most important is to make an educated decision. Call us FREE at 1-844-444-1400 Email us at info@rawa.com Works Cited: State of California. CA.Gov, 2013. Web. Accessed October 21, 2015. https://www.dir.ca.gov/dwc/MyClaimWasAccepted.htm Nolo. Nolo Law For All, 2015. Web. Accessed October 21, 2015. https://www.nolo.com/legal-encyclopedia/your-right-to-workers-comp-benefits-faq-29093.html FindLaw. Thosmon Reuters, 2015. Web. Accessed October 21, 2015. https://injury.findlaw.com/workers-compensation/workers-comp-benefits-and-returning-to-work.html
How Do I Know Whether or Not I Get Covered by Workers’ Compensation?
Know if you are eligible for collecting workers compensation. You can learn more in this article.
Making the Right Choices when Injured at Work
Odds are that your company has very specific programs in place geared toward avoiding work related injuries. No matter how safety conscious your environment is, however, accidents can still happen and must be handled appropriately. If you find yourself being injured on the clock, the very first step – regardless of where you work – is to report the incident to your Human Resource department. After this is done, be sure to consider the following course of action to receive the compensation you deserve. Visiting a hospital should be the next step, as a trained medical professional will be able to tell you how serious your injury is. Even the slightest bump to the head could cause serious problems later down the line. If you choose to ignore the issue when it starts, however, your suffering will only be worse. Once you receive the information regarding your health from a doctor, you have a very serious decision to make – whether or not you should take legal action. Depending on how serious the injury is, you may have to prepare to contact a lawyer. If you’re certain that your injury is minor and will pass without complication, a simple consultation with your employer may be enough of a resolution. Yet, if your injuries require a great deal of work and attention in order to heal, that money shouldn’t have to come out of your pocket. Your employer is required to provide a safe work environment, and by failing to do so must accept responsibility for your accident. As soon as you feel up to it, contact your local work injury lawyer and explain the case to them as accurately as possible. Most attorneys that focus on workers’ compensation cases will give you a free consultation to review your claim. They will also be able to inform you as to whether you have a chance at winning your case. Be sure to ask for as much information from your attorney as possible, don’t be afraid to ask questions if you feel unsure or uncomfortable regarding a part of your case. If your case is accepted, be sure to stay in contact with your lawyer regularly – preparing for court can be a lengthy process. If you follow the advice you are given, however, there won’t be much trouble carrying your case to a conclusion.
Is an Attorney Required for your Accident Case?
If you’ve had a car accident in Los Angeles recently, you may have a lot of questions. First of all, who is at fault? The answer to that question alone could decide who pays for the medical bills and damages to the cars, as well as if you’ll be able to rent a car until you can purchase a new one. You may be wondering if the insurance company can reimburse you for lost wages, too. The answer to these questions and assistance for your case can only be provided by an experienced accident attorney. Their extensive training is extremely helpful in negotiating the often confusing situation during a settlement. Consider the following reasons for hiring an attorney if you’ve found yourself in an accident. Having Access to a Professional When you hire a Los Angeles accident attorney to represent you after a car accident, you’re guaranteed to have the experience you need for a successful case. Only an individual who is extremely knowledgeable about the relevant laws and procedural rules will be able to affect your case positively, and having an attorney at your side is the most effective solution. Your attorney also has the power to file a suit in your place. They will be able to make this decision based on their knowledge of how best to handle any possible defenses raised by the opposition. In addition, once your legal case begins, an attorney will be a useful guide during trial preparation, or going to trial if your case doesn’t settle out of court. Getting the Legwork Done The process of negotiating an insurance settlement and trying a personal injury lawsuit can be a great deal of work. After suffering a terrible automobile accident, you may not feel like engaging in hours of paperwork and running around. Thankfully, this is another duty your attorney will adopt. While this might be your first attempt at dealing with an accident claim, accident attorneys have a great deal of experience with several different types of claims and a variety of insurance companies. They are aware of the most efficient means of obtaining the necessary evidence to defend you. This includes collecting police reports, medical records, and lost wage information.
Workers’ Compensation in California
Each year 4.1 million employees in the United States experience a serious work-related injury or illness. Since 2010, California has seen an increase in worker’s compensation claims, primarily in the Los Angeles area. According to Business Insurance, insurance claims have increased by 19% in Los Angeles County and by 14% in the Los Angeles Basin over the past three years. Whether employees are injured while handling hazardous materials, fall off a ladder, or get in a car accident while running errands for their employer, getting injured on the job means they are applicable for workers’ compensation insurance. Most California employers are required by law to have insurance to cover potential work-related injuries. This insurance provides injured employees with the proper medical treatment, the wages that were lost during their recovery, compensation for permanent disability, and programs to help them return to work. If you were injured on the job or believe you have an occupational illness, you should file a claim with your employer right away. If your employer or its insurance company is delaying or denying your claim, you should contact workers’ compensation attorneys in Los Angeles to help you receive the benefits you are entitled to. You should also hire an experienced attorney if you experience one of the following: If you are not receiving the appropriate medical treatment on time If you are not compensated for your medical bills If you are not getting compensated for lost wages during your recovery If your employer retaliates after you file a claim, such as through decreasing your hours or pay or by firing you If you have a third-party claim If your injury is limiting you from performing your job or returning to work If you believe you need legal representation, most workers’ compensation lawyers offer free consultations to review your claim. And, attorneys will not get paid unless they win your case for you. So, don’t wait. Contact an attorney today.
Should I Hire a Personal Injury Lawyer for my Case?
While you may be in the middle of a legal conflict, the truth of the matter is that not every claim requires the attention of an attorney. The question then, however, is how does one determine if their case is serious enough to contact a lawyer? If you are the victim of an automobile accident, for example, but are not at fault and the other driver’s insurance will not fully compensate you, it is possible to settle alone. When the incident is filed and ready to be reviewed, the other driver’s insurance adjuster will contact you. Provide as much information regarding the cost of damages as you can, including your property damage, medical bills, lost wages, and medical records. By cooperating and being considerate, you will most likely be able to avoid litigation. If liability or fault is contest, though, take care regarding which information you release, especially statements. Too often, the insurance adjuster is actually attempting to prove that you are the one at fault or reduce your claim amount. If you feel that this is occurring, do not hesitate to retain an attorney as soon as possible. Regardless as to whether or not the blame is clearly on the other party, you will find that adjusters will attempt to drive at a lower claim. Instead of falling for their trap, rely on a highly trained accident lawyer in Los Angeles to ensure that you are getting what you deserve. An attorney also has the power to request affidavits from the insurance company, which can protect you in the event that some other insurance is found later which will cover any discrepancies in payment. This also includes the resources to confirm whether such insurance coverages exist outside of your typical plan. In short, if the damage and injuries you have suffered are small enough for insurance to handle without trouble, don’t feel obligated to contact an attorney. If, however, you are concerned that you are being coerced into claiming less than you are entitled to, be sure to contact a knowledgeable accident lawyer right away. Ultimately it is your decision to retain a lawyer or not, but knowing if you should is the most important quality to have.
Lead Exposure Causing Medical Trouble for Children
In a recent study fore fronted by the National Institute of Environmental Health Sciences and the National Institutes of Health, researchers have found that young children have the potential to develop severe psychological problems when exposed even the lowest levels of lead. The study, which was published on June 30 in JAMA Pediatrics, suggests that the concentration of lead measured in the blood of more than 1,200 preschoolers in Jintan, China, was high enough to increase the risk of behavioral and emotional problems. These effects, which are still being researched, have ranged between a higher rate of anxiety, depression, and anger. When asked to comment, the U.S. Centers for Disease Control and Prevention stated that in 2012 the government began relying on 5 micrograms per deciliter reference levels instead of the typical 10 micrograms to identify elevated blood-lead levels in children. The CDC further claims that approximately 4 million homes in the US alone contain youths that are exposed to unsafe amounts of lead. Over half a million of these children between one and five years of age have already been diagnosed with blood levels above the 5 micrograms per deciliter limit, a condition that requires immediate attention from medical professionals. Many medical professionals have been arguing for the past decade that, in actuality, there is no “safe” amount of excess lead for children to have in their blood. To understand this, our attention must instead look toward international investigation as well as local. Continuing to rely on localized research can create blind spots in findings, which injury lawyers recognize as a common means for litigation. To prevent potential threats, representatives from several firms across California have suggested that companies that utilize lead in products begin procedures to remove the harmful agent completely. Due to natural body chemistry, children happen to be particularly vulnerable to the toxic effects of lead. Unfortunately, many are still living in an environment where they are constantly exposed to the effects of this substance. Beyond sudden mood changes, the youngest victims have also displayed trouble in healthy brain and nerve development. If you feel as if your child may have been affected by lead due to a company’s inconsiderate nature, contact your local Los Angeles Personal injury lawyer today.