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Do My Workers’ Compensation Benefits Continue After I Quit My Job?

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Archive: Nov 2018

Do My Workers’ Compensation Benefits Continue After I Quit My Job?

If you’ve quit your job after a work-related injury, are you entitled to workers’ compensation benefits? Some employers may not believe your claim, especially if you have yet to resume employment elsewhere.

Work-related injuries need the expertise of an established law firm to help wade through the workers’ compensation laws, as the laws vary from state to state. Injuries at the workplace can cover a multitude of issues from upper and lower back pain and strain, neck pain, overexertion, repetitive motion injuries, and head trauma due to slips and falls or exposure to harmful substances, chemicals, and environments. Contact a workers compensation lawyer in Orange County today.

Compensation Claims Common in Many Industries

Workers’ compensation claims are common in many industries, because of the hazards of the job. Construction workers often find themselves with a higher incidence of job-related fatalities or injuries. The most serious are those due to electric shocks and falls from heights. Other related injuries are repetitive motion injuries, sprains, and breaks.

Industries using chemicals also have a high incidence of workers’ compensation claims. Although it’s difficult to measure the exact amount, the Occupational Safety and Health Administration estimates there are at least 860,000 chemically related issues annually. The skin absorbs chemicals, causing burns and other significant harm. Respiratory illnesses and brain injuries from inhalation are also common. Some chemical-related industries are hospitals, manufacturing plants, cleaning industries, and offices.

Get Your Injury on the Record

The first thing you should do is get medical care as soon as you notice the injury. Your workers’ compensation benefits will pay for your medical expenses, so don’t worry about the bills – just find the help you need as soon as possible. This is the first opportunity you have to get your injury “on the record.” It will be very important to your claim.

If you have proof of your injury and/or a witness for your claim, you might have the opportunity to collect workers’ compensation. If you do not have a witness, it is imperative that you report your injury to your previous employer as soon as possible. In the state of California, an employee has 30 days to submit a claim from the time of injury. After that, you’ll need to file a workers’ compensation claim with the insurance company. If workers’ compensation denies your claim, you will need to find an attorney who specializes in workers’ compensation to help you.

Ask Attorney About Exceptions to Law

Exceptions exist to workers’ compensation cases that your attorney can explain to you, should the workers’ compensation board deny your claim. Your attorney will be able to tell you how the laws in your area apply to you and your case. For instance, in California according to  (CJS Co. v. Workers’ Comp. Appeals Board, 74 Cal.App.4th 294 Cal. Ct. App. 1999)), a claim can move forward if the resignation was voluntary, even if you didn’t file your claim within the 30-day time limit.

A Few More Things to Consider

Other things to consider are who is liable for your injury at work, and how are you going to prove that liability? Do you have any witnesses to the injury? You will need to work with your lawyer to prove negligence on the part of your former employer. All information you can gather and give to your attorneys will help your case.

Your attorneys will assess the value of your claim and help you through the litigation process. If you cannot work, they will protect your right to any disability wages that may be due to you. Insurance companies have been known to set the compensation bar low for people who do not have legal representation, which is another reason hiring an attorney who specializes in workers’ compensation is imperative.

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Can You Claim Workers’ Compensation for a Bad Desk Setup?

As today’s personal workspace has changed, the hours we spend sitting and standing on the job have increased. Your job may require you to stay at your desk for extended periods. Many people experience prolonged and chronic pain because of the time they spend working in one spot. The pain can cause a person to need extra care (for instance, physical therapy) and to take off quite a bit of time from work.

If you’ve discussed your workspace issue with your boss, but have seen no changes, you probably feel stuck at a crossroads. You don’t want to lose your job but think your need for a different workspace is of the utmost importance for your physical and mental well-being.

Speak to an Orange County workers compensation lawyer today to find out what you can do about your specific situation.

Take Steps to Sooth Pain Yourself

Many ways exist to temporarily alleviate your pain, especially if your posture is ergonomically correct. This will prevent you from slumping when sitting at your workspace and will keep your spine aligned properly. It will also prevent you from putting a strain on the muscles and ligaments in the lower back.

Another way is to use a footstool as a prop, so your legs will have support and take the pressure off your lower back. You can also try a lumbar pillow to cushion yourself from bad posture. This will force you to sit in a different position, and it will help you in the long run. Physical exercise can be your saving grace when it comes to back discomfort. One of the best ways to cure back pain is to do abdominal crunches two to three times a week. This will strengthen your core muscles and relieve the tension in your back and neck.

Chronic pain and discomfort from work-related injuries occur in all types of work environments. Some of the most common workers’ compensation injury claims are for neck pain, upper and lower back pain, and leg and foot pain due to slips and falls, repetitive motion injuries, and injuries due to over-exertion. It turns out that musculoskeletal injuries are quite common, especially for women in the workplace. You can make workers’ compensation claims for all these injuries.

California Employers Must Carry Insurance

In California, employers must carry workers’ compensation insurance for their employees injured on the job. This insurance should cover medical care, temporary or permanent disability, and in some unfortunate cases, death benefits for the family of the deceased. Of course, all compensation will vary according to the injury of the individual patient.

If you feel your injury or pain is due to your work environment and working conditions, you will need to determine how you received your injury, how your employer is liable, and then you’ll have to prove negligence on behalf of your company in court.

Hire a Top Legal Team for the Best Results

The best way to prove your claim in court is to hire a top-notch legal team. Insurance companies often set the bar of compensation low for those parties who don’t have legal representation. The litigation process can be very complex, and your case may go to trial. In that case, you will want the best representation available.

While the laws pertaining to workers’ compensation are there to protect the individual employee, it is important to do what you can on your own to alleviate your physical issues. Should you decide to pursue a legal claim, your attorneys are there to guide you through the process and give you some peace of mind.

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5 Driving Tips to Remember in Orange County

Driving in California can be a bit overwhelming – the traffic congestion moves at a snail’s pace, one-way streets often going in the direction you don’t need to go, and sudden name changes on street signs make navigating the area difficult.

Different rules exist for different counties. Although heavy traffic in California seems to be a statewide forgone conclusion, Orange County appears to have that problem under control, more so than Los Angeles. Except for your normal rush hour traffic, navigating Orange County is fairly easy. Of course, there are a few rules that will make your life on the road more manageable.

If you were recently in a car accident near the Santa Ana area, contact our experienced Orange County car accident lawyers today.

1- Don’t Use Your Cell Phone While Driving

In California, using your cell phone without a hands-free connection is against the law. If you’re using your phone for your GPS, set the destination before you hit the road. Even picking up your phone to look at it can land you with a traffic violation. When using your GPS, you must mount it in either the lower left or lower right-hand corner of your windshield. It mustn’t obstruct your view and the only way you may touch your phone is to swipe or touch your screen with one finger.

2 – Use HOV and Carpool Lanes When Possible

Traffic in Orange County can be heavy at times. When traveling on the freeway, carpool lanes help traffic flow move more quickly. Remember these tips when moving into the HOV lane. First, there is a two-person per vehicle minimum in the carpool lanes, and you should only cross over when you see a broken line or opening. Failure to do so will result in a traffic violation.

3 – Don’t Drink and Drive

In any part of California, it is unlawful to drive with a blood alcohol level of more than 0.08%. However, if you’re deemed impaired, an officer can charge you, even if your BAC is below the limit. You may see sobriety checkpoints on the road from time to time after an event. If you are traveling with an open container of alcohol, it needs to be in the trunk of your car.

Driving under the influence (DUI) in Orange County can have severe consequences. In fact, Orange County has tougher rules than the rest of the state. Depending upon the case, a DUI in Orange County can lead to criminal and administrative penalties. It may also include heavy fines, jail time, community service, and the loss of your driver’s license. For a commercial driver or a driver under 21, the penalties are more stringent.

4 – Watch for Motorcycles – and Know Lane Splitting Laws

In California, motorcycles can cross into your lane and share it with you. Being aware of this law and watching out for motorcyclists can help prevent accidents.

5 – Know the Laws on Smoking and Littering

Did you know that smoking is a punishable offense if there’s a minor in your vehicle? It’s largely due to the dangers of secondhand smoke. In California, the penalty is punishable by a fine that can go up to $100.

And if you’re a smoker, don’t even think about throwing your lit cigarette butt out the window. It’s no surprise that littering is against the law in Orange County or anywhere in California. Be aware that this offense is punishable with a $1,000 fine.

You should be able to navigate your way around Orange County pretty easily, without any problems. Just be aware of heavy traffic times and soon you’ll learn the easiest and safest routes to get to your destination.

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