It is essential that you hire a reputable workers compensation lawyer. When your body has been injured in a work accident, there is no reason to put your trust in a disreputable workers compensation lawyer. Unfortunately, Los Angeles County is filled with unscrupulous workers compensation lawyers. Many of these so called law firms are run by a workers compensation lawyer who is never in the office and extensively relies on non-lawyers to run the workers compensation practice. In these situations your workers compensation case will be handled by non-lawyers both in the workers compensation claims handling process at their office and at the Workers Compensation Appeals Board. One does not have to be an attorney to appear at the Workers Compensation Appeals Board which is essentially the court system for work injuries in California. For the same reasons why you would not trust just any old doctor to operate on you, you should not trust any old lawyer to handle your workers compensation case.
The types of workers compensation cases that my office has come across in recent times include:
A workers compensation case in which the employee lost his hearing.Loud noises in the workplace that over time ruin one’s hearing are important workers compensation cases. There are also workers compensation cases involving sudden noises that ruin one’s hearing all at once; |
Many workers compensation cases involve back injuries.Sometimes the workers compensation case involves a herniated disc otherwise known as a slipped disc. Other workers compensation cases involve nerve damage in the back. Lumbar strains are also common workplace injuries. Back injury cases are prone to misdiagnosis by company paid workers compensation doctors who are general practitioners opposed to orthopedic specialists. Having an experienced workers compensation attorney if you have a back injury is one of the most important things you may encounter in the life of your health; an experienced workers compensation lawyer can help you get the right medical treatment and diagnosis; |
Many workers compensation cases involve carpal tunnel.Some of these injured workers sit at desks for prolonged periods of time typing. Construction workers engaged in repetitive motions may also suffer from carpal tunnel. Repetitive use of a tool, repetitive shoveling and even assembling something that has many screws can cause a workers compensation injury. We were also involved in work injury cases in which seamstresses and tailors got carpal tunnel from repetitively cutting with scissors and engaging in confined hand movements; |
Workers compensation cases involving ankle injuries.If you do not have a good workers compensation attorney you may be at risk of a misdiagnosed ankle injury. Karl Gerber won a significant case in which a worker’s ankle injury was treated as a sprain when it was not a sprain. Employee was prescribed a hard support to wear which caused more injury. Her entire ability to walk was affected and she developed many other injuries; |
Workers compensation cases involving foot injuries including breaks that do not heal correctly.Feet and toe injuries need proper treatment and proper legal representation just like any other work injury. |
Workers compensation cases involving nerve injuries.One workers compensation case our firm is presently involved in is about an employee with nerve damage to the leg. Others workers compensation cases involve sciatic nerve and shoulder injuries. Pinched nerves are serious work injuries that may cause pain and disability for years; |
Workers compensation cases involving wrist injuries.Other than carpal tunnel injuries, we have been involved in workplace accidents that cause broken wrists. If a wrist does not heal properly that can cause a permanent workplace restriction; |
Workers compensation cases involving hand injuries.Sometimes the hand does not properly heal after a work injury. We had a workers compensation case in which a welder’s hand strength was limited on a permanent basis, and his hands would become red and sore after use. In 2012 our office dealt with a workers compensation case in which a young restaurant worker’s hand was seriously burned causing disfigurement and permanent scaring. The losses of fingers are also important workers compensation cases that deserve to be handled by the best workers compensation lawyers; |
Workers compensation injuries involving the arm.If a work injury results in the temporary or permanent inability to use one’s arm that is a disabling workplace injury that deserves proper representation in the workers compensation arena. Obviously the loss of an arm is also a serious workplace injury. Cases in which employees lose parts of their body due to a work injury need to be examined by a workers compensation attorney who is willing to sue a third party. Sometimes the manufacturer of a saw or other industrial product has manufactured an unreasonably dangerous tool and should be sued after a work injury. If the employer has removed safety guards and caused the loss of a body part there are various fines and penalties inside and outside of the workers compensation system that your workers compensation lawyer should pursue; |
Psychological injury cases.Many workers compensation cases qualify as stress injuries. Some stress injuries stem from sexual harassment. Other stress injuries stem from highly unusual workplace conduct. Depression may also be a workers compensation injury; |
Workers compensation cases involving knee injuries.The knee can be a tricky body part in terms of healing. Sometimes a torn meniscus can be corrected by arthroscopic surgery. Sometimes the arthroscopic surgery creates problems. If the patella is smashed and needs to be reconstructed or replaced it is almost certain that the workplace injury will cause a significant amount of permanent disability. Knee injuries often have life long implications. Make sure you are properly represented if you have a knee injury; |
Workers compensation cases involving eye injuries.Sometimes the work injury case involves the loss of vision. If your vision is diminished on a permanent or temporary basis due to a work injury that is a traumatic event you need to make sure you have a qualified workers compensation attorney; |
Work injuries involving lung disease.We have seen several workers compensation cases in which exposure to extreme amounts of dust aggravated asthma. One was a bank employee. Several dust and lung cases I have been involved in were due to workplace construction such as the remodeling of an office. Construction can also lead to dust exposure that causes lung injuries. Long term exposure to concrete dust, particles from treated wood, and drywall can cause lung disease. Even in food preparation there can be lung injuries. We just finished a case in which the work conditions caused what is referred to as popcorn lung disease. We are also presently working on a case in which a worker was exposed to excessive amounts of dust while packaging hay; |
Work injuries that cause brain injuries.Several years ago we were involved in a case in which a sales person was driving when he was involved in a serious automobile accident that caused brain injuries. A year after his work injury, he had memory problems. Brain injury cases are obviously very serious and should be handled by only the best workers compensation lawyers; |
Workers compensation injuries involving the rotor cuff.Tears to the rotor cuff are common work injuries. Misdiagnosis in the area of the rotor cuff is common. Many workers compensation cases are battles about what the cause of the medical problem is. I we once had a painter with a rotor cuff injury and the employer claimed the injury was not work related. In all workers compensation cases you need a lawyer to establish that your injury was caused or aggravated at work; |
Work injuries involving the wrist.Work injuries that cause broken wrists can cause somebody to miss work for a long time if their job requires the use of their wrist. As mentioned above, carpal tunnel injuries are also important workers compensation cases because carpal tunnel has long lasting effects; |
Work injuries from the exposure to something.Last year our firm was involved in a case in which many employees became sick due to mold exposure. We have also seen many cases in which workers in nursing homes or hospital settings become infected with an unusual disease due to their job. These types of workers compensation cases are delicate and unusual. You need a qualified workers compensation lawyer; |
Work injuries involving broken bones.Although we have already discussed broken feet, toes, and wrists, there are many bones in one’s body that can break during a work injury. Broken ribs, for example, can occur in a forklift fall or other workplace injury. Although broken ribs usually heal, it can be painful to breathe while they are healing and can prevent somebody from going to work. |
Workers compensation cases where one workplace injury causes another workplace injury.>We have seen many cases where one workplace injury leads to other body parts becoming injured. Unfortunately, bad medical treatment from company doctors is a leading cause of additional body parts becoming injured after an initial work injury. There are countless examples of cases we have been involved in where one work injury caused injury to another body part. |
Workers compensation injuries involving death.We have been involved in cases in which workers die due to workplace injuries. Work related deaths when workers fall from a ladder, crash in a vehicle, get run over by a forklift, or otherwise die due to a workplace accident are serious cases. The attorney handling a workplace death case must examine whether there are other safety violations and causes of the death other than merely the employer’s ordinary negligence or the negligence of the workers who dies. We have also been involved in cases in which workers commit suicide due to work related conditions. Were deaths are very serious cases that need to be handled by very qualified workers compensation lawyers. |
Workers compensation cases involving the loss of a body part.These too are very serious work related injury cases. Workers compensation lawyers who have a callous attitude that there is merely a table, in the workers compensation system, for the valve of your loss of a body part are not the right lawyer to handle a work injury case involving the loss of a body part. If a work injury involves the loss of a body part, the workers compensation lawyer must look to see if there were third party safety violations, there might be OSHA fines, or any penalties available through the workers compensation system. |
If you have had a work injury, please contact our firm. Without an attorney, your rights will be seriously imfinged. If you do not know the rules of the workers compensation system you will not receive the right medical treatment. For example, we had a significant case in which the poor advice from the company’s workers compensation doctor led to a worker to suffer serious secondary injuries to her shoulder that made her unable to work for nine months. The percent a workers compensation lawyer can charge you is regulated by law and is extremely low. You will not pay 1/3 or 40% for legal representation in work injury. You will not even pay 20% to be represented in a workers compensation case. A proper workers compensation settlement accounts for your attorney’s fees. If your workers compensation lawyer has to attend your deposition, the other side must pay their fees to do that. Do not feel that you can get a better deal by not hiring a workers compensation because their cut will be a great portion of your workers compensation settlement. That is simply not true in California.
If you do not have an attorney familiar with the various doctors in the workers compensation system your work injury may be assessed in an agreed medical examination or independent medical examination by a doctor who will rate you unfavorably, give you an insufficient disability rating, and make it impossible to obtain a good settlement in your workers compensation case. We cannot over-emphasize the need to have a qualified workers compensation attorney if you have a work injury.
Your workers compensation lawyer must also work with your employment lawyer if you have a case that involves the loss of your job. Workers compensation lawyers who do not work with your employment lawyer may cause in one or both of your cases to be waived through bad lawyering.
If you are fired due to a work injury and your workers compensation lawyer will not file for 132a benefits in the workers compensation system you are also with the wrong lawyer.
Changing attorneys in workers compensation cases is somewhat common. You have a right to change your workers compensation lawyer. Many times workers change their workers compensation lawyers because their workers compensation attorney will not represent them on a workers compensation retaliation case, they will not return their telephone calls, or they will not fight for the client getting a better medical opinion about their work injury.
If you have any questions about a work injury, a workers compensation claim that is already on file or might exist, please contact our office. Visit our other website to read case samples on Los Angeles Wrongful Termination Lawyer
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