Law Offices of Anthony Choe Workers Compensation Lawyer Los Angeles | Law offices of Anthony Choe2023-08-30T23:19:59Zhttps://www.choelawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1402441/2020/08/apple-touch-icon-75x75.pngOn Behalf of Law Offices of Anthony Choehttps://www.choelawfirm.com/?p=488392023-08-30T23:19:59Z2023-08-30T23:19:59Z1. Mixed cleaning products
The practice of mixing different cleaning products is extremely dangerous, though it may happen as companies try to stretch how far their supplies go. Certain combinations of chemicals can lead to harmful reactions, releasing toxic fumes that can cause breathing difficulties, eye irritation or skin burns.
2. Improper ventilation
Proper ventilation is important when using cleaning products, especially those containing strong chemicals. 53% of household cleaning agents contain chemicals known to cause damage or harm to the lungs. Without adequate airflow, toxic fumes accumulate in the space, leading to respiratory issues and other health problems. Opening windows and doors while cleaning or using fans can help with air circulation.
3. Inadequate personal protective equipment
Cleaning products can contain chemicals that are harsh on the skin and eyes. Failure to use appropriate personal protective equipment, such as gloves and safety goggles, can result in skin irritation, burns or eye damage. Your employer should provide the necessary protective equipment to minimize the risk of chemical exposure.
4. Improper storage
Storing cleaning products in an incorrect manner can lead to spills, leaks or accidental exposure. Products must remain in their original containers and stored in a cool, dry place away from direct sunlight and sources of heat.
It is important to understand the hazards you face when working as a housekeeping. Your employer has a responsibility to prevent or minimize the risks of injuries or sicknesses that result from chemical exposure or other hazards.]]>On Behalf of Law Offices of Anthony Choehttps://www.choelawfirm.com/?p=488372023-07-26T04:29:31Z2023-07-26T04:29:31Z returning to work so that you only do so when your body is fully healed.
Your safety is the top priority
When it comes to returning to your job, you must have approval from multiple people. Your doctor will have to assess your condition and approve you for all job duties. Your employer and the claims administrator also must give approval for you to get back to work. You also have the ability to express your feelings about going back.
It is possible that not everyone will agree that you are ready to return to work after an injury. You may have little choice if your doctor says you are not physically ready to go back, especially if he or she has documentation of issues with your condition that would make it difficult or dangerous for you to go back.
Communication is key
It is essential for you to communicate your feelings to all parties involved in the process. Your doctor also needs to be direct and stay on top of providing documentation to the claims administrator about your condition.
The main target for everyone should be to get you back to work. However, it must only happen when that is beneficial and safe for you to do so.]]>On Behalf of Law Offices of Anthony Choehttps://www.choelawfirm.com/?p=488342023-06-28T20:12:09Z2023-06-28T20:01:32Zclaim process to receive that coverage. Claim denials happen for many reasons, medical and administrative.
Some denials result from conflicting information and insufficient medical treatment. Understanding those denials may help you prepare an appeal.
Delaying your initial care
When you experience an injury on the job, you should seek treatment right away to document that injury. Any delay in seeking medical care could imply that your injury is less severe than you indicated. Failure to seek treatment right away also creates an opportunity for the insurance carrier to claim that your injury happened elsewhere.
Ignoring treatment recommendations
Your doctor may suggest physical therapy and medical treatments, including surgery. If you fail to follow through with those treatment recommendations, it casts doubt on your injuries. The insurance carrier may declare that you contributed to your condition by neglecting treatment.
Canceling appointments
When you file a workers’ compensation claim, keep every doctor’s appointment and therapy visit. Canceling any appointments can lead to claim denial. The insurance carrier may imply that you misrepresented your condition and canceled appointments because you had no need for care.
Recognizing some of the common reasons for a medical denial of your workers’ compensation claim helps you prepare a reasonable appeal. When you identify the likely perceptions as a result of your actions, you can better present your case to justify your injury.]]>On Behalf of Law Offices of Anthony Choehttps://www.choelawfirm.com/?p=488322023-05-31T23:41:50Z2023-05-31T23:41:50Z2.6 nonfatal injuries happened on the job in 2021. When that happens, people count on workers’ compensation to help pay for lost wages and medical bills. In some cases, those payments may suddenly stop.
1. The insurance company investigated your activities
Depending on the type of injuries sustained, an employer or insurance company may hire a private investigator to validate your inability to work. If the person finds any evidence that you can easily complete daily activities, the insurance company may immediately cut the payments off.
2. Your doctor said you reached the maximum recovery level
At some point, the injury you sustained will fully heal, heal as much as it can or create a hassle you have to deal with for the rest of your life. If your doctor believes your injuries will not improve any further or have mostly healed, it may mean getting cleared for work. That results in no more workers comp payments.
3. You refused light-duty work
At some point during recovery, your employer may offer you an opportunity to do a different job with light duties. Even if you still need time to heal, the doctor may okay you for some work. In some instances, denying this opportunity may result in payments getting prematurely cut off.
4. You gained employment somewhere else
Once you leave a company, they no longer have to continue paying workers’ compensation payments. Even if ready for a new job, consider waiting until fully healed.
Getting injured on the job takes a toll physically, financially and emotionally. If payments suddenly stop, you may still have the right to get them back.]]>On Behalf of Law Offices of Anthony Choehttps://www.choelawfirm.com/?p=488302023-04-19T19:45:17Z2023-04-21T19:45:09ZSlip and fall accidents
One of the most prevalent workers' compensation claims in California involves slip and fall accidents. These incidents can occur in any work environment and often result from wet or slippery floors, uneven surfaces or cluttered walkways. Proper maintenance of the workplace and adherence to safety protocols can help prevent these types of accidents.
Overexertion injuries
Another common workers' compensation claim is overexertion injuries. These injuries occur when employees strain their muscles or joints while lifting, pulling, pushing or carrying heavy objects. Employers can help prevent overexertion injuries by providing proper training on safe lifting techniques, ensuring that employees take regular breaks, and encouraging the use of mechanical assistance when needed.
Vehicle accidents
In industries that require the use of vehicles, such as transportation, construction, or delivery services, vehicle accidents are a common cause of workers' compensation claims. Employers should prioritize vehicle safety by providing regular maintenance, driver training and promoting safe driving habits among their employees.
Workplace violence
Workplace violence is another common reason for workers' compensation claims. These incidents can include physical altercations, verbal threats or even acts of violence involving weapons. Employers should establish and enforce policies that promote a safe and respectful work environment, provide training on conflict resolution and implement appropriate security measures.
By prioritizing safety, providing proper training and maintaining a secure work environment, both employers and employees can contribute to a safer and more productive workplace.]]>On Behalf of Law Offices of Anthony Choehttps://www.choelawfirm.com/?p=488282023-03-25T01:27:43Z2023-03-25T01:27:43ZWhat are common contributing causes?
According to the California Code of Regulations, an employer must consider an injury or illness to be work-related if workplace factors cause the condition or if they aggravate a pre-existing condition. The latter is often the case in labor-intensive jobs where repetitive strain can build up until an injury occurs. Common contributing causes in these fields of work include lifting, operating heavy machinery and constant pushing or pulling motions.
What evidence proves that my job is a contributing cause?
While you might hope that your employer or the insurer backing your employment benefits would honor your workers' compensation claim immediately, it might be the case that you need to provide evidence of work-relatedness first. One option is to receive a statement from your doctor that outlines which tasks might contribute to the injury. If you can provide documentation of the amount of time you spend performing those tasks at work, that can strengthen your claim even further.
Even if activities in your personal life also contribute to the onset of an injury, that does not change the fact that you deserve compensation if your work is also related. If your employer wrongfully denies your workers' compensation claim, it may be necessary to pursue legal action.]]>On Behalf of Law Offices of Anthony Choehttps://www.choelawfirm.com/?p=488262023-02-23T21:23:59Z2023-02-23T21:23:59Z1. Report the injury as soon as possible
The California Department of Industrial Relations recommends reporting a workplace injury to your employer within 30 days of the incident. Your circumstances might demand that you seek immediate medical attention first, but be sure to report the injury at the earliest opportunity.
2. Seek medical attention
Your health is your highest priority, so seeking medical attention might precede reporting the injury to your employer depending on severity. Regardless, it is always crucial to consult with a physician before filing a workers' compensation claim so you understand the full extent of your injury and the expenses that you need your benefits to cover.
3. Keep thorough documentation
Document the accident to the best of your ability, collect relevant testimony from coworkers and keep all pertinent medical records close at hand. These serve as evidence that you should include with your claim to reinforce the validity of your circumstances.
Receiving compensation when you sustain an injury at work should be a given. When your livelihood is on the line, though, it is best to not take any chances and instead take all possible precautions to secure the outcome you deserve.]]>On Behalf of Law Offices of Anthony Choehttps://www.choelawfirm.com/?p=488242023-01-10T21:10:29Z2023-01-20T21:09:23ZCuts and scrapes are common
Firefighters spend time in dangerous and unpredictable environments. This often leads to cuts and scrapes. While most cuts and scrapes do not lead to workers’ compensation claims, a serious cut that damages tendons or becomes infected could interfere with your ability to work.
Sprains or strains often occur
For many firefighters, the visibility reduction of the helmet paired with smoke and flames can make it difficult to see well enough to move safely. This often leads to sprains and strains that disrupt mobility and can keep a firefighter off duty until they recover.
Smoke inhalation is a work environment hazard
Although firefighters typically wear respiration masks with air tanks, there are instances where smoke exposure leads to inhalation issues. The toxins in smoke can increase cancer risks, lead to allergic reactions and trigger lung and respiratory problems. Long-term health risks and injuries may result.
Burns are occupational hazards
Fighting fires puts everyone involved at risk of thermal injuries. Burn severity can vary depending on the nature of the burn, but some can interfere with your ability to continue working.
These are some of the most common reasons for workers’ compensation claims for firefighters. Protect your rights if you get injured fighting fires, especially if you experience one of these injuries.]]>On Behalf of Law Offices of Anthony Choehttps://www.choelawfirm.com/?p=488222022-12-17T03:10:42Z2022-12-21T03:09:37Zworkers’ compensation claim denial.
Learn why you received a denial
To qualify for workers’ compensation, you typically have to meet specific state requirements. For example, some states do not pay for psychological conditions or cumulative trauma. In addition, these claims have reporting and claim filing deadlines. They also have specific guidelines for the information you need to include, and it needs to be accurate.
The insurance company may also question whether the injury is truly work-related. Finally, if your doctor released you for regular work, you left your job or you were under the influence at the time of the accident, you may receive a denial.
Gather your documents
Review your initial claim to ensure it is accurate and thoroughly complete. Then, gather all the relevant documents to prove your case. For example, collect your medical records, any photographs or video taken of the incident and the area where it occurred, witness statements and initial accident report.
File an appeal
You have between 60 and 90 days to appeal your claim denial. In California, you only have 60 days, but review your denial letter for any deadline updates. Contact the insurance company by phone. You may only need to clarify a few details on your claim. However, prepare to write a formal appeal.
Once you file an appeal, get ready to present your case before an administrative law judge at the labor department or workers’ compensation board. However, you may wait up to 14 months from your appeal for a final decision.]]>On Behalf of Law Offices of Anthony Choehttps://www.choelawfirm.com/?p=488202022-11-21T20:22:49Z2022-11-21T20:22:49ZWelders face unique occupational hazards
Welding requires specific care for the environmental factors and the individual performing the work. Without the necessary protections, you are vulnerable to various injuries and illnesses, including:
Arc flash: burns to the outer layer of the eyeball caused by exposure to the intense ultraviolet light produced by the electrode making contact with the workpiece during welding. Arc flash commonly occurs when a person looks directly at an arc without a proper protective helmet or shield.
Burns: The process of welding produces sparks, spray and spatter that can deposit hot molten metal onto exposed skin, causing mild to severe burns. To prevent burns, welders should wear specialized personal protective gear, such as leather gloves, a long-sleeve jacket and steel-toed boots, that meet industry standards.
Lung disease: The welding process produces fumes that can lead to breathing and respiratory issues in workers without adequate ventilation in the workspace.
Employers have a duty to protect workers
Welding-related injuries are often severe, requiring extensive and expensive medical treatment. Worker’s compensation benefits cover costs associated with workplace accidents and injuries, but that does not mean employers can ignore OSHA safety standards and welding protocols.
If you suffer a work-related welding injury, it is important to seek medical treatment immediately. Additionally, you should document your experience and report the incident as soon as possible to start the worker’s compensation claims process.]]>