San Bernardino Workers' Compensation Law Blog

Lower back pain and other construction injuries

Lower back pain is a common form of occupational injury for California workers. Unfortunately, due to the complicated nature of these types of injuries, it might be difficult for doctors— or even victims— to determine when exactly the incident leading to the injury occurred. 

The state labor code, retrieved from Findlaw, states the following two categories of injuries:

  • Injuries that occur from a single event, such as a scaffolding fall or a forklift accident
  • Problems that build up over time, such as repetitive stress syndrome or most mental illness

Risks associated with working on or near scaffolding

If you are among the many who make your living working on construction sites across California, you probably have at least some degree of knowledge about the dangers associated with your industry. While construction workers face numerous on-the-job risks, some of the more notable hazards involve working on or around scaffolding, or elevated, temporary work platforms. At Kampf, Schiavone & Associates, we understand that catastrophic injuries often result from scaffolding-related accidents, and we have helped many workers injured on construction sites seek appropriate recourse.

According to the Occupational Safety and Health Administration, about 65 percent of workers in the construction industry regularly utilize scaffolds, but the platforms can prove highly dangerous if not properly erected and used. Per one study, more than 70 percent of workers who suffered a scaffolding-related injury did so because the platform either gave way, or because the worker slipped or was struck by a falling object.

Treatment of a dislocated shoulder

The thought alone of a dislocated shoulder may be enough to make you cry (or at the very least cringe). If you've ever experienced this type of injury in the past, you know you don't want to go through it again.

Depending on your profession, you may put a lot of strain on your shoulders throughout the day. Furthermore, the potential for a fall or blunt force trauma also increases the likelihood of this injury.

What is stillbirth?

A stillbirth is one of the most devastating things that can happen in the Labor and Delivery Department of any California hospital. As WebMD explains, a stillbirth is when a baby is born after it has died in the womb. It occurs after the 20th week of pregnancy. Before that time, it is considered a miscarriage.

If you or someone you know has suffered a stillbirth, you may be left wondering why it happened. The reality is that in most cases the cause is never known. However, there are ideas of what could cause it to happen, and in some cases, it has been discovered there are specific reasons it occurs. 

What industries have the most injuries?

Every industry in California has workers who are injured each year. From accidents to illnesses, workers get hurt on the job despite efforts to keep them safe. You may feel your industry is safe and you have nothing to worry about, but the reality is injuries can happen even if you sit at a desk all day and are not exposed to anything harmful. However, some industries are more likely to be where workplace accidents occur.

According to Fortune, there are five industries where the most workplace injuries occur. This only accounts for injuries. It does not include deaths or illnesses, so it is not a complete picture of the workforce, but it does give insight into which industries may pose a risk on a daily basis to its workers.

Are brain injuries really common in high school football?

If you have a child in a California high school who plays football, you may be aware of all the news lately about high school sports injuries. This may make you concerned for the well-being and safety of your football player. You may be especially concerned about brain injuries. Concussions, for example, are quite prevalent in this sport. Could your child die from playing football due to a brain injury?

ABC reports an alarming rise in high school sports injuries. While it is not a sharp rise, just knowing that injuries are becoming more common is a cause for concern. Brain and spinal cord injuries, specifically, are leading to the deaths of dozens of football players each year. While the rate has been rising recently, it still is lower than the rates from decades ago. 

Are you at risk at work because you are tired?

Workplace injuries occur for many reasons in California. Sometimes they are due to malfunctions with equipment, safety lapses or simple accidents. In other cases, you could actually be putting yourself in harm's way due to not getting enough sleep. Fatigue really is a major concern when it comes to workplace safety, according to Safety and Health Magazine.

One thing to note about fatigue is it may not always be related to actual sleep. Dealing with stress or difficult people in the workplace can also create fatigue even if you are well rested. Typically, though, it does come from a lack of sleep, which could be due to family pressures, overworking, long commutes or medical conditions.

What to do if your employer does not have WC insurance?

While California law requires most employers to carry workers' compensation insurance, there are still those companies that choose not to carry it. If you get injured at work, you have the right to be treated fairly and have your expenses related to that injury paid for. However, if your employer does not have workers' compensation insurance, you may wonder if you can get any help or have any recourse to get the benefits owed to you.

Even if your employer does not have proper insurance, you are still entitled to the benefits you would have received if proper insurance was in place. The Department of Industrial Relations explains there is a fund in place to help you in this situation called the Uninsured Employers Benefits Trust Fund. Unlike workers' compensation, where your employer will typically help you with the process, you have to take charge and file under the UEBTF. 

Is a wrongful death settlement taxable?

If you have received a wrongful death settlement in California, it is likely a large chunk of money. One thing that may come up is if you need to pay taxes on that money. It is money received and not earned, but are settlements like this taxable? The IRS rules can be quite confusing for your average person, so here's a look at things in layman's terms.

According to WSRP, the IRS considers wrongful death payments to be money for injuries. Because of the IRS rules that make money received for injuries to not be taxable, most wrongful death settlement payments will not be taxed. This means you do not have to claim them on your taxes.

Dislocated knee: From treatment to recovery

If you suffer a dislocated knee, such as at your place of employment, you need to receive immediate medical attention. You can't afford to let this injury linger, as it won't take long for the problem to worsen.

While there's never a good time to suffer from a dislocated knee, it's good to know that there is more than one type of treatment strategy. This goes a long way in ensuring that you're able to make a full recovery, even if it takes some time to do so.

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715 N. Arrowhead Ave.
Suite 104
San Bernardino, CA 92401

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