Kiwan & Chambers, APCFindLaw IM Template2024-03-15T21:02:10Zhttps://www.kcworkinjury.com/feed/atom/WordPress/wp-content/uploads/sites/1201812/2021/12/cropped-fav-icon-32x32.pngOn Behalf of Kiwan & Chambers, APChttps://www.kcworkinjury.com/?p=485202024-03-15T21:02:10Z2024-03-15T21:02:10ZContributing factors
Workplace injuries or illnesses often stem from multiple factors rather than a single cause. The California workers’ compensation system recognizes this reality. It allows for benefits even if the job was only one of several contributing causes.
For example, suppose an employee develops carpal tunnel syndrome due to repetitive tasks performed at work. This person also has a history of similar activities outside of work. The employee may still be eligible for workers’ compensation benefits.
Similarly, take an employee who works as a delivery driver for a courier company. Over time, the constant lifting and carrying of heavy packages lead to chronic back pain. However, outside of work, this employee enjoys weightlifting at the gym.
The repetitive nature of the job as a delivery driver significantly contributes to the development of the employee’s back injury. The combination of lifting heavy packages at work and engaging in weightlifting activities outside of work worsens the strain on the employee’s back.
The employee may still be eligible for workers' compensation benefits to cover medical expenses and lost wages associated with the back injury.
Causation
The burden of proof falls on the injured worker to show that the job played a significant role in causing the injury or illness. This often involves providing medical evidence, testimony from medical professionals and documentation of work-related activities that contributed to the condition.
Navigating the workers’ compensation claims process in California can be complex. This may especially be true with cases involving multiple contributing causes. Understanding the role of contributing factors is helpful for workers to get the benefits they have a right to.]]>On Behalf of Kiwan & Chambers, APChttps://www.kcworkinjury.com/?p=485162024-02-28T03:33:38Z2024-03-01T03:32:47ZCauses of back injuries
Various factors contribute to back injuries. Age is just one of them.
On one hand, aging can lead to changes in the spine, such as degenerative disc disease or osteoarthritis. On the other hand, many back injuries result from work-related activities rather than the aging process itself. Jobs that involve heavy lifting, repetitive motions or prolonged periods of sitting can put strain on the back. Injuries can result regardless of a person’s age.
Workplace hazards
San Diego workplaces present many hazards that can increase the risk of back injuries. Industries such as construction, health care and manufacturing often require employees to perform bending, twisting or heavy lifting. All of these can strain the back muscles and lead to injuries. Even jobs that seem less physically demanding, such as office work, can contribute to back problems due to poor ergonomic setups or prolonged sitting.
Prevention and treatment
Preventing back injuries requires proper training, ergonomic improvements and regular breaks to avoid overexertion. Employers should provide education on safe lifting techniques. They also need to ensure that workers have access to equipment such as lifting aids or adjustable workstations.
Additionally, early intervention is important. Prompt medical attention can help individuals recover and return to work sooner. So can physical therapy and rehabilitation.
The importance of workers' compensation
Recognizing back injuries as work-related conditions helps affected people get the support they need. Workers' compensation provides financial assistance for medical expenses and lost wages from on-the-job injuries. Employees can seek compensation and focus on recovery with less financial stress.
By understanding the factors contributing to back injuries, workers can better protect themselves.]]>On Behalf of Kiwan & Chambers, APChttps://www.kcworkinjury.com/?p=485152024-02-21T16:38:34Z2024-02-22T16:38:21ZAccounting for all parts of the injury
Upon receiving a diagnosis, you need to comply with all parts of the prescribed treatment plan. This may include medication, physical therapy, rest or other interventions aimed at facilitating recovery. This holistic plan can address all potential complications that may arise.
Trusting and following the treatment regimen as advised by medical professionals can help reduce the risk of complications. Trust and loyalty are important when dealing with a patient-doctor relationship.
Preventing further injuries
Following medical advice helps prevent further injury or complications. Ignoring recommendations or engaging in activities that exacerbate the injury can lead to setbacks in recovery. By heeding the guidance provided by healthcare providers, you can safeguard yourself from additional harm.
Monitoring progress
Regularly monitoring your progress and attending follow-up appointments is important for tracking your recovery journey. Healthcare providers can check your condition, make adjustments to your treatment plan and provide guidance on activities to avoid or modify. Open communication with your healthcare team helps create a smoother recovery process.
Facilitating workers' compensation
Workers' compensation benefits often require you to closely follow treatment plans and cooperate with healthcare providers. Failing to make use of these medical recommendations can jeopardize your eligibility. By doing what your doctor says, you not only prioritize your recovery but also ensure that you fulfill the requirements for accessing the benefits and support you can get.
The time after an injury may feel confusing and overwhelming. Workers' compensation is an option you could have. By prioritizing your health, you can expedite the healing process and get back to your life and livelihood.]]>On Behalf of Kiwan & Chambers, APChttps://www.kcworkinjury.com/?p=485142024-02-12T20:02:38Z2024-02-14T20:02:31ZRepetitive strain injuries
RSIs occur due to repetitive motions, such as typing or using a mouse, over long periods. Carpal tunnel syndrome, often with pain, numbness or tingling in the wrist and hand, is a common RSI affecting coders. Similarly, tendonitis, inflammation of the tendons, can develop in the hands, wrists or elbows from repetitive movements.
Musculoskeletal problems
Prolonged sitting, often in poor ergonomic conditions, can lead to various musculoskeletal issues. Back pain is a frequent complaint among coders due to prolonged sitting and poor posture. Neck and shoulder pain can also arise from leaning forward or craning the neck to view computer screens.
Eye strain and vision problems
Coders spend significant hours staring at computer screens. This can lead to eye strain and vision problems. Symptoms include dry eyes, blurred vision, headaches and sensitivity to light. Prolonged exposure to screens may also contribute to digital eye strain. Factors such as glare, improper lighting or uncorrected vision problems can make it worse.
Stress and mental health concerns
Coding often involves tight deadlines, complex problem-solving and meticulous attention to detail. All of these can contribute to stress and mental health issues. Long hours in front of screens and the pressure to meet project deadlines may lead to anxiety, depression or burnout.
While coding may not involve physical labor in the traditional sense, it carries its own set of occupational hazards. By recognizing these risks and implementing preventive measures, both coders and employers can promote a healthier and safer work environment.]]>On Behalf of Kiwan & Chambers, APChttps://www.kcworkinjury.com/?p=485112024-01-30T23:50:40Z2024-01-31T23:50:32Z1. On-the-job injury or illness
To be eligible for temporary disability benefits, the injury or illness must be a direct result of work-related activities. Whether it is a sudden injury or a health condition that develops over time due to job duties, the connection to work is an important factor in determining eligibility.
2. Medical certification
Employees seeking temporary disability benefits must obtain proper medical certification. This involves documentation from a qualified healthcare professional, such as a doctor or physician, confirming the nature and extent of the injury or illness. The medical certification serves as important evidence to support the claim for temporary disability benefits.
3. Incapacity for work
Workers' compensation only offers temporary disability benefits to workers who are temporarily unable to perform their regular job duties due to the work-related injury or illness. A healthcare professional must confirm the incapacity for work, providing a clear understanding of the limitations the employee faces during the recovery period.
4. Wage loss
Another important criterion for temporary disability benefits is experiencing a loss of wages. Employees must demonstrate that the work-related injury or illness has resulted in a decrease in their income due to the inability to work. This criterion helps determine the amount of compensation needed to cover the wage loss during the recovery period.
5. Timely reporting
Employees must report the work-related injury or illness promptly to their employer. Failure to report in a timely manner may impact the eligibility for temporary disability benefits.
Understanding these criteria is important for employees navigating the workers' compensation system in California. Meeting these requirements helps ensure a smoother process for obtaining temporary disability benefits and provides the necessary financial support during the recovery phase.]]>by Christian Chambershttps://www.kcworkinjury.com/?p=485082024-01-26T14:44:13Z2024-01-26T14:44:13ZReport your Injury in writing
Assuming your injury is not severe enough to require immediate medical attention, the first thing you need to do is report the injury to your employer in writing and state you wish to file a claim for workers compensation benefits. Labor Code 5401(c) states, “a claim is deemed filed when the claim form is personally delivered to the employer or received by the employer by first-class or certified mail.”
I can’t tell you how many times potential new clients call me and only verbally report their injury. Any time you verbally report something it becomes he said she said with your employer, and often times they have more people willing to testify you didn’t mention the injury. I am not saying write an essay. A simple text message or email will be just fine, the important thing is to report it in writing!
Request a DWC-1 Claim Form
Once you have reported your injury in writing, request your employer provide you with a DWC-1 claim form. You simply fill out the “Employee” section. Please keep in mind this is a legal document, so I always recommend keeping the information as vague as possible. For example, if you develop carpal tunnel from a desk job, under “describe injury and parts of body affected” I write repetitive injury to right wrist and hand. Keeping this form vague does not lock you into certain facts regarding the injury later in your case.
Fill the claim form out and demand a copy of the completed form
assuming your employer didn’t provide you with the claim form, and you have filled out your portion of the form, you need to provide this to your employer to prove actual knowledge. Knowledge under Labor Code 5402(a) is a managing agent, superintendent, foreman or other person in authority. Typically, the human resources department is in charge of reporting workplace injuries/claims. Knowledge can come from any source (not limited to written notice), but written notice is best as it is easiest to prove!
Your employer is then required to fill out their portion of the form and turn it into their workers’ compensation insurance carrier (or open a claim themselves if they are self-insured).
Practice tip
It is very important that you demand your employer fill out their portion of the claim form in your presence and give you a completed copy. Under California Code of Regulations Section 10140 and Labor Code 5401(d), the employer is required to fill out its portion, sign it and deliver it to their workers’ compensation insurance carrier and a copy to you.
This is very important because often times injured workers only report injuries verbally right away, and don’t file a claim form thinking their injury will get better. I can’t tell you how many clients of mine have reported injuries verbally right away, only to have their employer state weeks later in the claim form that the first knowledge they had of the injury was when they claim form was submitted. If you didn’t report your injury in writing, then making your employer fill out the claim form in front of you and giving you a copy will let you know if they are being truthful about your injury.
The above tips and instructions should enable you to file a claim for workers’ compensation benefits if your employer doesn’t follow the law. If you read this and still don’t feel equipped, please contact our office to help you!]]>On Behalf of Kiwan & Chambers, APChttps://www.kcworkinjury.com/?p=485072024-01-18T22:20:06Z2024-01-18T22:20:06ZAn overview of repetitive stress injuries
Repetitive stress injuries, also known as repetitive strain injuries, occur when people perform the same motion or activity repeatedly. This involves putting stress on muscles, tendons and joints. Common examples include carpal tunnel syndrome, tennis elbow and rotator cuff injuries. These injuries can cause pain, discomfort and limited mobility, affecting both work performance and daily activities.
The Centers for Disease Control and Prevention reports that in 2021, adults between 50 and 64 reported higher rates of repetitive strain injuries in comparison to other age groups.
The impact of age
With age, several factors contribute to the increased risk of repetitive stress injuries. Muscles and tendons naturally become less flexible and weaker over time. This reduced flexibility and strength make them more vulnerable to injuries when performing repetitive tasks. Aging can lead to degenerative changes in joints, such as arthritis and joint deterioration. These changes make joints more susceptible to the strain caused by repetitive motions, increasing the risk of injuries. Also, bodies take longer to recover.
When workers get older, the risk of developing repetitive stress injuries increases. However, by understanding the impact of age and implementing preventive measures, people can minimize the chances of experiencing these injuries. Prioritizing ergonomics, taking breaks, practicing proper body mechanics, maintaining fitness and listening to one’s body are key steps toward a healthier and more injury-free life, regardless of age.]]>On Behalf of Kiwan & Chambers, APChttps://www.kcworkinjury.com/?p=485062024-01-12T15:43:50Z2024-01-12T15:43:50ZWeakness and sudden fatigue
One of the first signs of organ damage may be weakness throughout the body. This can present as fatigue or as persistent feelings of faintness. If you notice that you are now struggling to get through the day or have trouble lifting things that used to be easy for you, you could be experiencing organ damage.
Loss of appetite
Another sign of organ damage is a loss of appetite. This can be due to a variety of factors, including damage to the liver, kidney or digestive organs.
Remember that organ damage does not have to come from a traumatic blow. For example, one study discovered that 15% of laborers who worked frequently in hazardous heat experienced kidney damage. When you sense an internal issue after working in an intense environment, a physician can help you determine if the problem is serious.
Difficulty concentrating or confusion
Organ damage can take a toll on cognitive function as well. Some who suffer from organ damage first reported having difficulty concentrating or maintaining focus. This can be a particularly serious problem if you who work in a field or assignment that requires a high level of focus, such as operating heavy machinery.
A fast or irregular heartbeat
Damage to the heart, lungs or blood vessels can lead to an irregular heartbeat, which doctors may refer to as arrhythmia. Arrhythmias can manifest as a racing heart or skipped beats, which may indicate significant damage and require prompt medical attention. Addressing these symptoms promptly can prevent further complications and ensure optimal heart health.
Organ damage can be especially difficult to detect. However, by knowing the signs, you can take steps to address the problem before it gets worse.]]>On Behalf of Kiwan & Chambers, APChttps://www.kcworkinjury.com/?p=485042024-01-12T15:39:21Z2024-01-12T15:39:21ZHeavy lifting and strain
Among the primary culprits of overexertion injuries is heavy lifting. Employees in physically demanding jobs, such as construction or manufacturing, are particularly susceptible. The strain on the body from lifting heavy objects can lead to injuries. Sprains, strains and musculoskeletal disorders are all common results. Employers must prioritize proper training on lifting techniques to reduce the risk of overexertion. Providing proper equipment also mitigates risks.
Repetitive motions
Repetitive motions can also contribute to overexertion injuries. Jobs that involve repetitive actions, such as typing or assembly line work, can lead to strain on muscles and joints over time. Employers should implement ergonomic solutions to help reduce repetitive motions and prevent injuries. Providing regular breaks and rotating tasks may also help.
Awkward positions
Working in awkward positions strains muscles and joints. This can lead to overexertion injuries. Proper workstation design and ergonomic equipment help prevent injuries caused by awkward positions.
The National Safety Council reports that overexertion causes 22% of all workplace injuries serious enough to warrant time away from work. By addressing the factors contributing to overexertion, employers can promote a culture of safety. They can also reduce the risk of injuries and create healthier, more productive workplaces.]]>On Behalf of Kiwan & Chambers, APChttps://www.kcworkinjury.com/?p=485032023-12-23T17:00:26Z2023-12-23T17:00:26ZMusculoskeletal injuries
Musculoskeletal injuries, including strains and sprains, are prevalent among nurses. These injuries often result from repetitive tasks like lifting and moving patients, bending and standing for long periods. In 2020, 10,510 nurses in the United States had to miss one or more days of work due to musculoskeletal injuries sustained at work.
Providing ergonomic training can help nurses learn proper body mechanics for lifting and moving patients, reducing the risk of musculoskeletal injuries.
Back injuries
Back injuries are one of the most common issues nurses face. Constant lifting, transferring and repositioning of patients put significant strain on the back, leading to acute or chronic pain. Implementing safe patient handling programs, including the use of assistive devices, can significantly reduce back injuries.
Needlestick and sharps injuries
Nurses are at risk of needlestick injuries, which can occur when handling needles and other sharp medical instruments. These injuries can lead to infections and the transmission of diseases. Using safer needle devices and implementing strict sharps disposal protocols can minimize needlestick injuries.
Slip, trip and fall injuries
Slips, trips and falls are common in busy healthcare settings. Wet floors, cluttered workspaces and quick movements contribute to these accidents. Regular maintenance of the work environment to prevent slips and trips is essential. This includes promptly cleaning spills and keeping walkways clear.
Workplace violence injuries
Unfortunately, nurses sometimes face physical violence from patients or visitors. This can lead to various injuries, ranging from bruises to more severe trauma. Training nurses to handle aggressive behaviors and having a system in place to quickly address violent situations can reduce the risk of injuries from workplace violence.
By understanding these common injuries, healthcare facilities can maintain a safer working environment. It is important for nurses to be aware of these risks and for healthcare administrators to prioritize injury prevention and safety training.]]>