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Traffic Accidents on the I-15 Freeway

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Author Archives: ilawyer

  1. Traffic Accidents on the I-15 Freeway

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    Interstate 15, known as the I-15, is the major interstate highway that connects Southern California and Las Vegas. It starts near the US-Mexico border in San Diego County and travels all the way to Alberta, Canada. Every year, millions of drivers travel along the stretch of I-15 that connects to Southern California. Unfortunately, not every driver makes it to his or her destination. If you get into an accident on the I-15, find out how to proceed with a claim.

    Frequent Causes of I-15 Traffic Accidents

    The I-15 is one of America’s deadliest roads. Its nickname is the Highway to Hell. Car accidents on the I-15 cause thousands of serious injuries and kill dozens of victims each year. In a five-year study period, 173 people lost their lives in fatal accidents on the I-15. The stretch of highway running from Southern California to Las Vegas is 125 miles long. A combination of factors contributes to the risk level involved with driving along this stretch.

    • Vehicles overheating
    • Vehicle part defects
    • Unsafe passes
    • Merge accidents
    • Alcohol and drugs
    • Speeding
    • Reckless driving
    • Falling asleep behind the wheel
    • Distracted driving
    • Lack of police patrol
    • Potholes and road defects
    • Faded road signs or markings
    • Bad weather and rockslides

    Nevada is a fault-based car accident state, meaning the person or party who caused the accident will have to pay for the victim’s damages through his or her insurance. Before you can recover benefits for your medical bills and property damages, however, you may need to prove fault through evidence such as a police report, eyewitness interviews, medical records, crash reconstruction, expert testimony or official photographs from the scene of the accident. A Las Vegas car accident lawyer may be necessary to help you determine who or what caused your accident on the I-15.

    What to Do After a Collision on the I-15 to Nevada

    Your ability to recover compensation for your I-15 accident may depend on whether you can prove someone else’s fault for the crash. Do your best to collect information and evidence from the beginning to build a claim to money damages that is as strong as possible. While still at the scene of the car accident, retrieve the other driver’s name, phone number and insurance information. Call 911 so you will have an official police report describing your accident. The police can also cite the other driver if he or she broke a law, such as speeding or driving while intoxicated. This could serve as evidence during your claim later.

    If the car accident gave you any injuries, go to a hospital near you. Even if you do not think you are injured, pay attention for signs of injuries in the hours or days after your collision. Injuries such as concussions and back injuries could have delayed symptoms, especially with the adrenaline of the accident masking pain. Call the other driver’s insurance company as soon as you can to file an initial claim. Before you resolve to settle your insurance claim yourself, however, discuss your case with a car accident attorney.

    Do You Need to Hire a Lawyer in California or Nevada?

    A serious auto accident may require a lawyer’s assistance during claim negotiations or an injury trial. If you were out of state when your crash happened, Nevada’s car accident and insurance laws will preside over your case instead of California’s. You will need a California attorney licensed in Nevada to handle your accident claim in this situation. Your lawyer will need knowledge and experience in Nevada car accident law to navigate your case. Nevada has different comparative fault rules, statutes of limitations and other laws involved in bringing a claim to damages than California. Contact a lawyer for assistance with the claims process as soon as you can after a crash on the I-15.

  2. Injured in a Car Accident in Las Vegas?

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    Traveling to Las Vegas can lead to many dangers on the road while you drive to Nevada, as well as while driving around downtown. If you get into a car accident while you are in Las Vegas for work or a vacation, find out how to handle the auto insurance claims process. Protect your rights as a crash victim by hiring a Las Vegas car accident attorney to represent you during insurance negotiations or a lawsuit. An out-of-state car accident claim can be complicated.

    Do You File a Claim in Las Vegas or California?

    Every year, thousands of car accidents happen on I-15 – the stretch of road from Southern California to Las Vegas. Statistics rank it as one of the deadliest roads in the country. If you are native to California but were traveling to Las Vegas when you were in a car accident, the county where the crash occurred will have jurisdiction over your claim. If you were still in California, California’s laws will preside over your case. A Nevada car accident will use that state’s laws.

    You can file an insurance claim against the at-fault driver’s carrier from any state. If the insurance company refuses to settle your case and it has to go to trial, however, the court date will happen in the county where the accident occurred (or the county where the defendant lives). The state where the accident occurred will also affect the rules that apply to your insurance claim. California and Nevada have different car accident and insurance laws.

    Nevada’s Car Accident Laws

    Both Nevada and California are fault-based car insurance states. In a fault-based state, the driver at fault for the collision will have to pay for damages out of his or her insurance policy. Before victims can recover compensation, however, they will have to prove the at-fault driver’s negligence and responsibility for the car accident. This is in contrast to the rules in a no-fault state, in which a victim does not have to prove fault. In no-fault states, victims seek personal injury protection benefits from their own insurance providers.

    Nevada uses a modified comparative negligence law, while California uses a pure comparative negligence law. In Nevada, you can still recover compensation as a plaintiff as long as you were less than 50% responsible for causing the vehicle collision. The insurance company may reduce your award, however, by the amount of your fault. If you were more than 50% to blame, you will lose the right to seek insurance benefits. In California, the rule does not impose a cap on liability. You could be 99% at fault and still recover 1% of a compensatory award.

    What If You Were in a Rental Car?

    If you rented a car to go to Las Vegas and got into a traffic accident, notify the rental company and your insurance provider of the accident right away. Take photographs of the damage to the rental vehicle. If you have any injuries, no matter how minor, obtain immediate medical care. Dealing with an insurance claim can be difficult. First, find out if you purchased rental insurance when you rented the car. If so, this policy might cover the costs of vehicle repairs and your medical bills.

    Then, ask if another driver caused your accident. In this case, that driver may be liable based on Nevada’s fault insurance law. File a claim with that driver’s insurance provider as soon as possible. Otherwise, your personal insurance policy might cover your losses depending on the type of coverage you have.

    When Should You Contact an Attorney?

    Out-of-state car accident claims while you were driving to Las Vegas or in the city can be difficult to navigate on your own. Hiring a lawyer could make it easier for you to seek fair compensation for your economic and non-economic damages. DiMarco Araujo Montevideo has California attorneys who are licensed to practice in Nevada. We may be able to help with your Las Vegas car accident case. Call (714) 783-2205 today to schedule a free consultation.

  3. Injured on Vacation in Las Vegas?

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    The last thing on your mind during a vacation in Las Vegas might be suffering a personal injury. Unfortunately, you cannot control when an accident happens to you. Car accidents, casino injuries, slip and falls, and other incidents could cause serious and life-changing injuries while in Las Vegas.

    If you are injured on vacation in Las Vegas, you could have a cause of action against the person or party responsible. A successful claim could lead to compensation for your pain and suffering, medical bills, lost wages, and other damages. You may need a lawyer to assist you in bringing your claim. If you are native to California, hire a Las Vegas personal injury lawyer with a license in Nevada. Your Las Vegas injury claim will follow Nevada’s laws.

    Common Incidents and Injuries in Las Vegas

    While Las Vegas is a popular tourist destination for vacationers around the world, it is also dangerous. Las Vegas is a hotbed for personal injury accidents. Crowded bars, criminal activity, drunk drivers and poorly maintained buildings could all put your health and safety at risk. Many different types of accidents could lead to serious personal injuries while on a vacation in Las Vegas.

    • Drunk driving accident
    • Fire or electrocution
    • Food poisoning
    • Hotel or casino accident
    • Motor vehicle accident
    • Mugging or robbery
    • Pedestrian accident
    • Physical assault and battery
    • Slip, trip and fall accident
    • Swimming pool or spa accident
    • Transportation accident

    An accident while vacationing in Las Vegas could cause head and brain injuries, back injuries, lacerations, burns, broken bones, strained muscles, organ damage, and other serious injuries. You may return home with significant medical bills, pain and suffering, and lost wages from a temporary or permanent disability. One or more parties may owe you money for these damages.

    What to Do If You Are Injured on Vacation in Las Vegas

    The actions you take after a serious accident can determine how the rest of your claim goes. If you miss a step or say the wrong thing, it could hurt your chances of recovering financially. Insurance companies will be looking for reasons to deny your claim. When in doubt, talk to a lawyer right away about how to proceed after an accident.

    • Report your accident. Tell someone about your accident. If you were in a serious car crash, for example, call 911. If you were in a premises accident, notify a manager or supervisor. Give as much detail about what happened as you can remember.
    • Take photos. Take photographs of your injuries or property damages while still at the scene in Las Vegas. Photos can serve as important proof during your insurance claim that your injury happened while on vacation.
    • Go to the hospital if you have serious injuries. Seek professional medical attention for injuries right away. Your health is your priority. An insurance company will also look to see if you went to a doctor, and if so, how long you waited before going.
    • File an insurance claim. If you know who caused your accident and injury, call that person’s insurance provider to file an initial notice of a claim. Most insurance companies need to receive this within 24 to 72 hours of the accident.

    Before you discuss your accident with an insurance claims adjuster, call a lawyer. A personal injury lawyer will be able to advise you about what to say and not say to an adjuster. A lawyer may be able to take over conversations and settlement negotiations on your behalf, as well as collect evidence to build a stronger claim.

    When to Contact a Lawyer

    If you have minor injuries or a simple case, you may not need a lawyer to represent you. However, if you have broken bones, head injuries or other serious injuries, a personal injury attorney could help you file your claim and fight for fair compensation. At DiMarco Araujo Montevideo, we are California attorneys licensed to practice in Nevada. Our attorneys may be able to represent you during insurance claim settlement negotiations or a trial in Clark County. Learn more during a free consultation. Call (714) 783-2205 today.

  4. Common Types of Injuries in Las Vegas

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    Neither residents nor visitors to Las Vegas should ever have to worry about sustaining an injury caused by the negligence of another person. Unfortunately, there are times when injuries do occur. At DiMarco Araujo Montevideo, we are here to help if you need a Las Vegas personal injury lawyer. Here, our team wants to discuss some of the most common injuries that victims in this area can sustain as well as how these injuries occur.

    Why Choose DiMarco Araujo Montevideo for Your Injury Case?

    Anyone who sustains an injury in the Las Vegas area will need an attorney with trusted experience helping both residents and visitors alike. DiMarco Araujo Montevideo is ready to help.

    • Our attorneys are licensed to practice in both California and Nevada. Very few other firms can offer representation across state lines.
    • We bring more than four decades of legal experience in handling all types of personal injury cases, and we have an extensive track record of success.
    • We take all Las Vegas injury cases on a contingency fee basis, which means our clients will not pay any legal fees until we secure the compensation they deserve.

    Most Common Las Vegas Injuries

    There are many types of injuries that can occur in and around Las Vegas, and these injuries can happen to both visitors and residents alike. At DiMarco Araujo Montevideo, our personal injury lawyers in Vegas regularly help clients who have been injured while staying at hotels and visiting casinos. The entire economy of the area is built around the casino and entertainment industry, but there are times when property owners and operators are negligent and cause harm to patrons. Trip and fall or slip and fall injuries are very common in Las Vegas.

    Aside from hotel and casino injuries, it is also not uncommon for clients to sustain injuries caused by:

    • Food poisoning at restaurants
    • Vehicle accidents
    • Rideshare accidents
    • Bus accidents
    • Pedestrian accidents
    • Swimming pool incidents

    We must not forget the tens of thousands of workers in this area (some of which are residents, some seasonal) that can also sustain severe on-the-job injuries. They, too, deserve fair compensation when injuries occur.

    Injuries in these incidents vary widely in severity, and can include:

    • Traumatic brain injuries
    • Spinal cord injuries with paralysis
    • Broken and dislocated bones
    • Severe lacerations or amputations
    • Severe burns
    • Drowning or near-drowning
    • Internal organ damage or bleeding
    • And more

    What Is the Time Limit for Las Vegas Personal Injury Case?

    It is important that any person harmed due to the negligent actions of somebody else in Las Vegas keep in mind that there are time limits to file these claims. The Nevada statute of limitations for personal injury cases is two years from the date an injury occurs. Failing to file a claim within this two-year window will result in a victim being unable to secure the compensation they need for their claim.

    Can Victims Secure Compensation for These Cases?

    If you or somebody you care about has sustained an injury caused by the negligence of another person in the Las Vegas area, the team at DiMarco Araujo Montevideo is ready to help with your case. After conducting a complete investigation into the incident, we will work to secure the following compensation on your behalf:

    • Coverage of all injury-related medical bills
    • Lost income if you are unable to work
    • Any household out-of-pocket expenses
    • Pain and suffering damages
    • Loss of personal enjoyment damages
    • Possible punitive damages against a grossly negligent party

    When you need a Las Vegas personal injury attorney, you can contact us for a free consultation by clicking here or by calling (714) 783-2205. Our California attorneys are licensed to practice law in Nevada, so we can handle injuries that happen to visitors to the area.

  5. What is the Process for Filing an Injury Claim in CA?

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    If you or somebody you love has sustained an injury due to the negligence of another person, you may be able to recover compensation from the alleged at-fault party. However, the personal injury claim process can seem excruciatingly complex and intimidating. Here, we want to review some of the relevant information you need to know before filing a claim, as well as information about the entire injury claim process.

    What Is the Personal Injury “Claim?”

    When you hear someone mention a personal injury claim, this can mean various things depending on the situation at hand. Sometimes, a person may say that a claim is only their attempt to get an insurance carrier to cover their expenses. Other people will be referring to a personal injury lawsuit that they filed against an at-fault party to recover compensation for their losses.

    1. The insurance claim. Most personal injury cases are handled through insurance carriers. In general, the insurance carrier of the at-fault party will be responsible for covering the losses to an injury victim.
    2. Demand letter. If the insurance carrier or at-fault party denies providing fair compensation for a victim’s losses, then the victim or their attorney needs to send a demand letter to the insurance carrier outlining their total expenses and requested compensation. The demand letter should include evidence of injuries and losses. The demand letter will begin the negotiation process in earnest.
    3. Filing the complaint. If the insurance carrier or the at-fault party refuses to offer a fair settlement after receiving the demand letter, it may be necessary to file a personal injury lawsuit. In general, victims have a two-year time limit to file a personal injury lawsuit against the alleged negligent party.
    4. Discovery. The discovery process of a personal injury case can be extensive. This is the period in which both sides will work to obtain all evidence related to the case. Attorneys for both sides will have the chance to request information from the other, questions will be asked of both sides, and depositions will be taken.
    5. Trial. Throughout the entire discovery process, attorneys for both sides will still be engaged in negotiations to resolve the matter before it goes to trial. However, if a settlement is not reached, the case will go to trial to be heard before a jury.

    How Long Will the Personal Injury Claims Process Take?

    There is no easy way to pinpoint the exact amount of time a personal injury claim will take to be resolved. Cases that are handled through insurance carriers will be resolved more quickly, possibly within a few months. However, if a personal injury lawsuit is necessary, then the case could take a year or more to reach a conclusion. Every personal injury case is different, and various factors will affect the timeline and outcome.

    Personal injury victims who are successful with their claim could receive coverage of their medical bills, lost wages, pain and suffering damages, and more. If you or somebody you love has been injured due to the negligence of another person or sustained a work injury, the Orange County personal injury lawyers at DiMarco | Araujo | Montevideo can help you. We have extensive experience helping clients get through the injury claim process, and you can contact us for a free consultation by clicking here or by calling (714) 783-2205.

  6. What are the Rights of Restaurant Workers?

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    Restaurant workers are an incredibly important part of our society. Those who work in restaurants come from all walks of life, and they work in an often stressful and demanding environment. However, restaurant workers should never be subjected to inhumane conditions. Unfortunately, it is not uncommon for employers to mistreat and take advantage of their employees. The state of California protects the rights of restaurant workers.

    Restaurant Worker Rights

    Every worker in California has rights that are protected and enforced by the California Department of Industrial Relations, Division of Labor Standards Enforcement (DLSE). This agency is tasked with investigating and resolving any Labor Code violations. This can include issues arising pertaining to:

    • Wage discrepancies
    • Hourly wage issues
    • Working conditions
    • Discrimination in the workplace
    • And more

    It is important to point out that California protects the rights of all workers, whether they are U.S. citizens, documented foreign workers, or undocumented workers. Some of the most important rights that the DLSE ensures include:

    • Minimum wage. Restaurant workers must be paid no less than the legal minimum wage in their jurisdiction. Minimum wage will be measured by time, commission, piece rate, or other calculation method. In most circumstances, wages must be paid at least twice a month.
    • Rest period. Every restaurant worker is afforded a net-10 minute rest break for every four hours they work. If a worker does not receive their rest period, then the employer is required to give them an additional hour of pay at their regular rate.
    • Meal period. Restaurant employees who work more than five hours are entitled to a 30-minute meal break in which they will be relieved of all work duties. If an employee does not receive their meal break, then the employer is required to give them an additional hour of pay at their regular rate.
    • Proper equipment for the job. Every restaurant employee should be provided with appropriate uniforms, tools, and supplies necessary to complete their job duties. For workers required to use their own vehicle for work-related duties, employers are required to reimburse all related expenses.
    • Workers’ compensation. Employers In California must provide restaurant employees with workers’ compensation coverage in the event they sustain an injury on the job. This coverage shall provide compensation for an injured employee’s medical bills and lost wages if they are unable to work.
    • Retaliation. The DLSE investigates instances of retaliation against restaurant employees who make complaints about poor workplace conditions or other illegal activity on the part of their employer.

    California Laws for Tipped Employees

    Many restaurant employees rely on tips. As a bartender, server, or any other tipped employee, tips may end up providing the employee with more than their actual hourly wages paid by employers. In the state of California, employers are not allowed to claim tips that are left for their restaurant workers. Employers are not allowed to count tips as part of their minimum wage requirements.

    Tip pooling is allowed in the state of California, and this happens when an employer requires restaurant workers to combine all of their tips to then be distributed amongst everybody in the pool. However, employers who require tip pooling must follow certain guidelines established by law.

    If you have any questions related to the rights of restaurant workers in California, contact the Orange County workers’ comp lawyers at DiMarco | Araujo | Montevideo. You can contact us for a free consultation by clicking here or by calling (714) 783-2205.

  7. How to Deal with an Insurance Adjuster After an Accident

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    Anytime somebody is involved in an accident, this will lead to an incredible amount of stress in their life. One of the most stressful aspects of the aftermath of an accident is dealing with insurance carriers. If you or somebody you love has been injured due to the negligence of another person, you need to know that the insurance adjusters who will be calling you are not your friend. While they may seem very compassionate, their job is to reduce the total amount of money they pay you in a settlement. It is important to know how to deal with insurance adjusters after you have sustained an injury.

    The Adjuster Is Loyal to the Insurance Carrier, Not You

    The single most important thing for you to understand before the insurance adjuster calls you is that they do not work for you. They are not your friend, regardless of how friendly or compassionate they seem. Please understand that the insurance adjuster for the at-fault party is loyal to their employer and their goal is to ensure that they pay as little as possible for your claim.

    1. Be wary of initial settlement offers

    You can be sure that the insurance carrier for the at-fault party will present an early settlement offer that may seem enticing. This is especially true if the insurance carrier thinks at the evidence of the case works against them. While it may be tempting to take this early settlement offer, you need to know that most initial settlement offers are far below what you should actually be receiving for your claim. Now is the time to negotiate for much more.

    2. Do not agree to give a recorded statement

    An insurance claims adjuster may tell you that you have to give a recorded statement or sign over your medical records in order for your claim to be processed. This is certainly not the truth, and you should not agree to give any recorded statements. Insurance claims adjusters want recorded statements so that they can use them against you in your claim. They are trained to ask questions that might trip you up and make you say contradictory statements about how your injuries occurred or the severity of your injuries.

    3. You do have time to think

    Insurance claims adjusters will often try to make you believe that you have to submit your claim as soon as possible. However, the statute of limitations for most personal injury cases in California is two years from the date the injury occurs. While it may not take two years for you to make a decision about whether or not to file my personal injury lawsuit, you certainly do not after move quickly and accept a settlement offer that does not cover your total costs.

    4. Speak to an attorney

    You can be sure that the last thing an insurance adjuster wants you to do is to speak to an attorney. However, a personal injury attorney will have extensive legal knowledge and resources available to thoroughly investigate your claim.

    If you have any questions about your rights after somebody else causes you harm, contact the team and DiMarco | Araujo | Montevideo. Our Orange County personal injury attorneys will ensure that you are treated fairly when aggressive insurance carriers get involved. You can contact us for a free consultation by clicking here or by calling (714) 783-2205.

  8. How Surveillance Impacts a Workers’ Comp Claim

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    The last thing anybody expects to happen when they go to work is that they will be injured. However, workplace injuries and illnesses are not uncommon. Information from the Bureau of Labor Statistics (BLS) shows that there have been approximately 2.8 million non-fatal workplace injuries or illnesses in each of the last two years of data available. If you are injured on the job in California, you may find that surveillance footage could help bolster your workers’ compensation claim.

    How Could Surveillance Footage Help a Workers’ Compensation Claim?

    Surveillance footage can be incredibly beneficial for any workers’ compensation claim that has been delayed or denied because an employer or insurance carrier doubts the validity of the claim. This footage can be used to provide definitive proof that an injury occurred at work and in the manner explained in the incident report. Video surveillance can also be used to show unsafe or poor working conditions that could have contributed to the incident.

    It is hard to deny the truth behind a story when it can be viewed by all parties involved, particularly when the video footage has a timestamp verifying when and where the recording took place. There are various types of surveillance footage that may be used in a workers’ compensation case. This includes:

    • Security camera footage from the workplace
    • Cell phone cameras that may have recorded the incident
    • Private investigator cameras (more on this below)

    Could Surveillance Footage Hurt a Workers’ Compensation Claim?

    Just as surveillance footage of an on the job injury can help bolster a worker’s case, this footage could also be used by an employer or insurance carrier to deny a claim. If the footage available shows that an injury clearly did not occur in the manner the employee describes, or if the footage shows that the employee was engaged in grossly negligent behavior, was intoxicated, or horse playing, then a workers’ compensation claim could be denied.

    We need to note that it is possible that insurance carriers or state workers’ compensation investigators will surveil a person who has claimed a workplace injury. The employer or insurance carrier may hire private investigators if they suspect fraud. If you are captured on footage performing daily activities in public that show that you are not seriously injured as claimed, this could result in a complete denial of workers’ compensation coverage.

    How Can an Injured Employee Obtain Surveillance Footage?

    If you have been injured at work, but your employer or insurance carrier has disputed your claim, you will want to obtain all evidence necessary to prove your case. It is unlikely that your employer is going to voluntarily hand over surveillance footage (though they may) if it helps prove your case. It is strongly recommended that you work with a skilled Orange County workers’ comp lawyer with extensive experience handling these cases. An attorney is your advocate, and they will understand exactly how to obtain surveillance footage before it can be deleted.

    If you have any questions about your work injury, contact the team at DiMarco | Araujo | Montevideo. We have a thorough understanding of California workers’ compensation laws, and we are ready to get to work on your case. You can contact us for a free consultation by clicking here or by calling (714) 783-2205.

  9. Does Workers’ Comp Count the Drive to and From Work?

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    When most people think of workplace injuries, they think of injuries that occur due to slip and falls, tool mishaps, lacerations, and other incidents that happen at a job site. However, motor vehicle accidents are a leading cause of workplace injuries.

    But what about the drive to and from work? Are employees entitled to workers’ compensation benefits if they get into an accident during their commute?

    The answer to these questions can be complicated, and whether or not a worker is entitled to compensation depends on various factors related to the particular situation.

    Will Workers’ Compensation Cover a Vehicle Accident Injury?

    The first question that many people ask is whether or not California workers’ compensation will cover car accident injuries at all. The answer is, yes, if a worker sustains a car accident injury, they may be eligible to receive workers’ compensation benefits. However, in order for a California worker to be eligible for workers’ compensation coverage, their injury has to have occurred while they were performing duties defined within the scope of their employment. In some cases, an employee is required to operate a motor vehicle. If they get into an accident and are injured while working, they should be entitled to coverage.

    Will a Commute To and From Work Be Covered?

    In general, the answer as to whether or not workers’ compensation benefits are available for an injury that occurs during a worker’s commute is no, they will not be covered. An employee’s commute is generally not considered part of their workplace duties. However, there are some instances in which a worker may receive coverage in these instances. This could include:

    • If the worker is on duty during their commute. This often occurs with police officers who are provided take-home cars and may or may not actually report to an office at the beginning of their duty shift.
    • If the worker is in a company car during their commute. This will vary based on the policy of the employer. Sometimes employer-owned cars are designated for personal use after work hours, and a commute will not be considered on-duty time.
    • If an employee is asked to conduct work-related activities during their commute to or from work. For example, if a supervisor calls and asks an employee to run some errands on the way into their job are on the way home, this will likely now be considered work time. If an accident occurs while the employee is performing these work duties, they should be entitled to receive workers’ compensation benefits for any injuries they sustain.

    What Can an Injured Worker Do?

    If you or somebody you love has sustained an injury during your commute to or from work, you may wonder if you are entitled to workers’ compensation benefits. You may need to speak to a skilled Orange County workers’ compensation lawyer about your case to ensure that you are being treated fairly. At DiMarco | Araujo | Montevideo today, we have extensive experience handling every type of work injury case. We pledge to investigate your case in order to secure the compensation you need. You can contact us for a free consultation by clicking here or by calling (714) 783-2205.

  10. Can I Get Workers’ Comp for Carpal Tunnel Syndrome?

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    Workplace injuries and illnesses are not uncommon, but the good news is that workers in California are entitled to medical coverage and lost wages for injuries they sustained on the job. However, not all workplace injuries are the same. While some injuries and illnesses are obvious, and it is clear that they happened at work, others are harder to see because they develop over longer periods of time. Injuries such as carpal tunnel syndrome are considered repetitive motion injuries. We want you to know that, in most cases, those who develop carpal tunnel syndrome as a result of workplace conditions should be able to recover workers’ compensation coverage.

    What is Carpal Tunnel Syndrome?

    Most people have heard of carpal tunnel syndrome (CTS), but they may not understand that the carpal tunnel is actually an area on the underside of the wrist. This “tunnel” contains the median nerve along with other tendons that allow your hands and wrists to function properly. Compression of this area can lead to serious long-term complications. CTS is not an immediate injury. Often, the signs and symptoms of CTS do not appear for years:

    • Chronic pain in the wrists and hands
    • Tingling sensation in the wrists and hands
    • Weakness in the wrists and hands
    • Numbness in lower arms or hands

    According to the Bureau of Labor Statistics (BLS), thousands of people miss work each year due to complications related to carpal tunnel syndrome, and approximately one out of every 20 adults in this country has CTS.

    You Can Receive Workers’ Compensation for CTS

    Many workplace activities can cause carpal tunnel syndrome to develop. This includes those who spend most of their day typing, filing physical documents, stocking shelves, or making other repetitive motions with their wrists and hands. Those who are required to grip objects or use vibrating or oscillating tools are also prone to developing CTS.

    Workers’ compensation is available for employees in California who develop carpal tunnel syndrome due to the on-the-job activities. The total amount of compensation that a person receives will depend on various factors related to their particular case. Sometimes, CTS can be treated with rest and a short time away from work activities. More serious carpal tunnel syndrome cases require surgery to repair the compression. This could lead to significant time away from work for the injured employee and result in a larger amount of workers’ compensation benefits being paid out.

    Unfortunately, workers’ compensation claims for repetitive motion injuries such as carpal tunnel syndrome are more likely to be delayed or denied. This is because, as was mentioned above, these injuries take longer periods of time to develop than most acute traumatic workplace injuries. That makes the cause of the CTS harder to pinpoint on workplace activities. However, that should not mean that a worker is denied their rightful benefits.

    If you have any questions about whether or not your carpal tunnel syndrome will be covered by workers’ compensation, the Orange County workers’ compensation attorneys at DiMarco | Araujo | Montevideo are ready to help. We have extensive experience helping clients obtain benefits after sustaining repetitive motion injuries. You can contact us for a free consultation by clicking here or by calling (714) 783-2205.

Covid 19 Update: We are accepting new cases and we handle everything electronically and remotely, so our clients never have to leave their homes.