At the Law Office of Joseph Kritzer, we have spent more than 20 years fighting for the rights of injured healthcare workers. If you have been injured on the job, you may be entitled to workers’ compensation benefits, and we can help you pursue a workers’ compensation claim.
CNAs, nurses, and other types of healthcare workers are exposed to work-related hazards that are unique to the industry. These hazards make healthcare one of the most dangerous occupations in the United States. We understand the injury risks that you face every day on the job, and we will help you recover the workers’ compensation benefits that you deserve.
In order to secure workers’ compensation benefits, you must file your injury claim within the required time-frame after sustaining your injury. We will make sure that your claim is appropriately prepared and timely filed. We will also make sure that all of the necessary evidence is submitted to help prove the nature and extent of your injuries.
Common Types Of Healthcare Injuries
According to the Centers for Disease Control and Prevention, the number of nonfatal work injuries in the healthcare industry is higher than in most other industry sectors. Common types of healthcare injuries include the following:
- Slip, trip, and fall injuries due to recently mopped floors, medical equipment and clutter in compact spaces, poor lighting in stairwells and parking garages, and other medical facility dangers.
- Strains, sprains, tears, bruised and broken bones, and dislocations due to heavy lifting and transporting.
- Repetitive stress injuries, including tendonitis, carpal tunnel, bursitis, trigger finger, and rotator cuff syndrome from continuous manual tasks.
- Injuries resulting from spending long hours on your feet, such as chronic foot pain, long-term back pain, musculoskeletal disorders, joint injuries, tendon and ligament damage, and varicose veins.
- Other injuries include contracting illnesses and infections, needle sticks, patient assaults, and exposure to hazardous chemicals and drugs.
These and other healthcare work injuries can have a significant impact on your quality of life and ability to work and earn a living. Unfortunately, medical facility employers and insurance companies often try to avoid paying workers’ compensation injury claims, depriving injured employees of their right to benefits. This is why it is important to make sure that your claim is timely filed and supported with strong evidence.
Common types of healthcare injuries include slip and falls, strains and sprains from heavy lifting, repetitive stress injuries from continuous manual tasks, and injuries from hours of standing on your feet. Other injuries may result from contracting illnesses, patient attacks, and chemical exposures.
What You Should Do After A Healthcare Injury
After your healthcare job injury, you should inform your employer as soon as possible. You should also seek medical treatment for your injuries. Which medical providers you may see and whether or not your own medical provider can treat you depends on the type of workers’ compensation policy you have and if you predesignated your physician.
After informing your employer of your injuries, you should make sure that your claim is filed as quickly as possible. Waiting too long to file the claim may result in losing your right to collect worker’s compensation benefits for your injuries and damages.
If your injury is serious, the most important step you should take to protect your right to work comp benefits is to contact a workers’ compensation attorney. Injured healthcare workers typically secure greater financial compensation and benefits when they are represented by an attorney with experience handling healthcare injury claims.
We can help you with every aspect of your healthcare work injuries and the collection of benefits. Not only will we make sure that you meet deadlines and file appropriate documents and evidence, but we will also value your claim to make sure that you do not settle for less than your claim’s true value.
After a healthcare injury, you should report the injury to your employer and seek medical treatment. You must also file your workers’ compensation claim to receive benefits. A workers’ compensation attorney can help you with necessary filings and proving your injury claim.
If Your Claim Has Been Denied
If your workers’ compensation claim has been denied, do not give up. You may still have a chance to recover benefits for your injuries. We can help you appeal your workers’ compensation claim denial by examining your claim filing and your denial letter to determine why your claim was unsuccessful. After that, we will decide the best strategy to proceed with your appeal.
Workers’ compensation claims are often denied because they were not timely filed or because injured employees did not submit sufficient evidence to prove the extent and severity of their injuries. They are also frequently denied because employees fail to provide evidence proving that their injuries were job-related.
In these cases, you will need to show the court good reason for filing your claim late, or you will need to provide additional evidence related to your injuries. Evidence related to your injuries may include medical bills, medical records and reports, prescriptions, and work restrictions.
If your claim was denied, we will use all necessary evidence to argue for your right to benefits at your settlement hearing. If the settlement hearing is unsuccessful, we will present the evidence at trial to the Workers’ Compensation Appeals Board to demonstrate that your claim should not have been denied.
If your workers’ compensation was denied, you might still have the opportunity to recover benefits on an appeal. You will have the chance to argue for your workers’ compensation rights at a settlement hearing and a subsequent trial, if necessary.
Financial Compensation And Other Benefits
Depending on the type of injuries you sustained, you may be entitled to the following workers’ compensation benefits for your work-related injuries:
Temporary disability – If your injuries temporarily prevent you from working while you recover, you may be entitled to compensation for lost wages.
Permanent disability – If your injuries are permanent, you may be entitled to workers’ comp benefits under a formula that compensates you for loss of function and loss of future earning capacity. You do not have to lose your ability to work entirely to collect permanent disability benefits.
Medical expenses – You may be entitled to recover the cost of medical care and treatment for your work-related injuries.
Job displacement benefits – Job displacement benefits are available if a permanent partial disability prevents you from returning to work in your prior capacity, and your employer does not offer you modified regular work. These benefits come in the form of vouchers that can be used for educational training and skill enhancement.
Death benefits – When work injuries are fatal, dependent family members may be entitled to death benefits under a workers’ compensation claim. Benefits for work-related deaths that occur on or after January 1, 2013, can provide up to $290,000 for three or more dependents and up to $10,000 in burial expenses.
Depending on your work injuries, you may be entitled to temporary disability, permanent disability, medical expenses, and job displacement benefits. Dependents who have lost a loved one due to job-related injuries may be entitled to death benefits under a workers’ compensation claim.
Your Workers’ Compensation Claim
Healthcare injuries can be severe and life-changing. Work injuries that result in lost wages and medical expenses can have significant financial impacts on you and your family. Fortunately, California workers’ compensation law requires employers to carry workers’ compensation insurance to protect injured employees.
Workers’ compensation law is complicated and understanding your rights can be complex as well. Work injury matters are even more difficult when your employer and insurance company are working against your rights and interests. Employers and insurance companies have many resources to help them protect their interests, often at the expense of injured employees.
If you have sustained healthcare work-related injuries, you need a skilled and experienced workers’ compensation attorney advocating for your workers’ compensation rights. To schedule a consultation with California workers’ compensation specialist Joseph Kritzer, complete and submit our contact form, and we will be in touch with you as soon as possible.