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Bender & Gritz, APLC's Injury Blog

What should you do after a work injury?

A worker in the greater San Diego area, whether they work in San Diego itself or in suburbs like Carlbad or El Cajon, California, would probably find significant workplace injuries a little overwhelming. In addition to the physical recovery and all that entails, a worker also has to figure out how he or she is going to pay medical bills and continue to support his or her family without being able to earn income. The situation can leave someone not knowing where to turn first.

Like other states, California has a no fault workers' compensation system to help injured workers get through these unexpected struggles. Therefore, obviously after getting whatever emergency care is needed, an employee needs to report his or her injury to the employer and other necessary authorities. Shortly thereafter, the employee should ask for and complete a workers' compensation claim form.

Do housekeepers get workers' compensation benefits?

Let's say you work in your family's home full time. Every week, you spend hours keeping the residence clean, cooking meals and taking care of the children on behalf of your parents, spouse or your child.

Essentially, you're a full-time domestic worker, but rather than working for a traditional business, you're working for your family. If you suffer an injury on the job, can you get workers' compensation benefits?

Is there really a dangerous dog breed?

Although perhaps not as common in California, many residents of San Diego are probably still at least somewhat familiar with the notion that some breeds of dogs are inherently more dangerous than others. In some states and cities, special laws even exist that impose additional restrictions and rules on owners of dogs thought to have dangerous breeding and are thus more prone inflict serious dog bites.

There is some truth to the idea of breeding having to do with the frequency and severity of a dog bite in that some animals are bred to be smaller than others. A miniature poodle is going to be less likely to inflict a serious dog bite simply because the dog is too small too do so. Of course, if the dog is around young children, a serious bite is possible.

When tragedy strikes at work, we can help

A previous post on this blog described a tragic construction site accident that happened in the San Diego area and which left one worker injured and another one dead. This type of accident, which involved the collapse of a wall, are not uncommon and, in fact, are often mentioned as a serious workplace hazard that construction crews frequently face.

When a construction worker dies on the job, it leaves their family emotionally devastated by the sudden loss. Even if it is not the family's foremost thought, the untimely death also is likely to leave a family with significant financial trouble. The family is without an income, and there are going to be medical and funeral bills that also need to be paid.

Here's what you should know about workers' compensation

It's never a good situation when a person gets hurt at work. Employers could face fines and penalties, coworkers could witness traumatizing events and the worker and his or her family could struggle as he or she attempts to recover. In some cases, workers are killed on the job, leaving behind their families.

It's fortunate that workers' compensation is there to help individuals in these situations. After you get hurt on the job, you have a right to pursue compensation from your employer and his or her workers' compensation insurance. Workers' compensation insurance covers your medical bills, lost wages after a certain number of missed workdays and even covers funeral costs in the case of death.

Construction worker dies at nearby job site

A construction worker who was working on a job at a site in the San Diego area died after a wall collapsed, leaving man the man trapped underneath the structure. Another worker, who was thrown away from the wall when it fell, reportedly hurt his back and his leg in the incident.

A portion of the wall, a six-foot-high concrete structure, collapsed on the two men suddenly while they were digging near it. The portion that fell was sizeable, about 20 feet long. While rescue crews joined the construction workers in trying to dig the trapped man out of the rubble, their efforts were tragically not enough to save the worker. Many of the construction workers at the scene said that they had known each other for a long time, well over two decades.

7 things to know about whiplash injuries after a car crash

Whiplash is a problem after many car crashes. Some people make fun of these injuries because they think they are just a ploy to seek compensation. This isn't the case. Whiplash injuries are very serious injuries that can have long-lasting effects on the victims. If you are the victim of a car accident, consider these points about whiplash injuries.

#1: Whiplash doesn't require a hit to the head

Is there any injury I can't get workers' compensation for?

Although their may be rare exceptions, generally speaking, an employee in California is entitled to workers' compensation benefits for any injury he or she suffers in connection with his or her employment.

Furthermore, since workers' compensation is a "no fault" system, an injured employee does not have to prove an employer committed a violation of OSHA regulations or otherwise acted negligently in order to claim workers' compensation benefits. In fact, an employee can even be at fault for an injury on the job but, in most cases, still qualify for benefits.

5 fast facts about repetitive motion injuries

Repetitive motion injuries are painful and can have a negative impact on your ability to do your job. Without being able to do your job duties, you might not have an income. This means that you can't pay the bills that enable you to live. Employees who have a repetitive motion injury should know these five fast facts.

How a workers' compensation attorney can help you

Although the California workers' compensation system was, in theory, designed to help injured workers in San Diego and around the state to get benefits reliably and efficiently, it probably comes as no surprise that employers and those who represent them try to pay out as little as possible in terms of benefits and will use legal means to accomplish that purpose.

Having an experienced workers' compensation attorney on your side when you have a claim can be a way of balancing out the inequities. For instance, one of the first steps our law office takes when handling a new workers' compensation case is doing what we can to get our client evaluated by a medical professional who is not affiliated with or recommended by the employer or the employer's insurance company. This second opinion can be crucial both in getting a claim accepted and getting the correct amount of benefits.

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