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Where Is My Disability Check?

“The check is in the mail.” How many times have you heard something like this before? When it comes to your regular workers’ compensation temporary disability indemnity benefits check, however, if this is what you’re hearing from an insurance administrator it’s not going to be a comforting response.

Wage Replacement Indemnity Benefits

Injured workers in the State of California who are pursuing their rights under the Labor Code are owed their wage replacement indemnity benefits at least 14 days after the employer is made aware of the injury and the disabling condition. In other words, if your employer knows of your injury and the doctor has outlined a need to be either out of work or restrictions that cannot be accommodated, you are owed temporary disability benefits in 2 weeks. These benefits are to be paid every 14 days so long as the injured worker’s treating doctor continues to report that you cannot return to work or has outlined work restrictions the employer cannot accommodate.

Temporary Disability Benefits

Also, these benefits should be paid pursuant to a notice of temporary disability benefits sent to you from the insurance administrator advising how your disability rate was calculated and when you should receive your checks. 

Not Receiving Your Workers’ Comp Benefits Regularly?

If you are not receiving your workers’ compensation benefits regularly - meaning every 14 days without disruption - you have rights. An insurance administrator is liable for penalties up to 25% of the amount owed to you just because they issue a late payment. 

Not Being Paid At The Correct Rate?

If you believe your temporary disability benefits are being paid at an incorrect rate you have the right to fight this. Oftentimes, insurance carriers pay indemnity to injured workers at the incorrect rate. An insurance administrator can also be liable for penalties for failing to pay benefits at the correct rate.

We Will Help You Dispute The Appropriate Disability Payment Rate

When you are out of work due to an injury and relying on wage replacement indemnity checks to pay bills and feed your family, we know how frustrating it can be to try and get a live claims representative on the line or to respond via email to discuss issues relating to temporary disability. We can help! Reach out to Gerald Brody and Matthew Russell, experienced workers’ compensation attorneys who can manage these issues on your behalf, investigate the cause of any delay with your check, dispute the appropriate disability payment rate, obtain penalties and even get the problem in front of a judge so that you can receive the money you’re entitled to. 

The Law Office of Gerald D. Brody & Associates is located in San Diego, CA. We look forward to speaking with you. Please call for a free consultation at (619) 528-9800.  

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What are Your Rights if You Get Injured at Work?

A workplace injury can be devasting. Not only do you have to deal with the physical pain the injury inflicts upon you, but you also have to deal with the mental anguish of potentially missing weeks (or even months) of work. How are you going to pay the bills? How are you going to support your family?

If you live in California, you are in luck. There are workers’ compensation policies in California that protect the rights of injured workers and help them with the physical and financial consequences of a workplace injury. If you are injured at work in California, it is absolutely essential to understand your rights to workers’ compensation and how to protect your eligibility for benefits. Below, you can find a brief overview of your California workers’ compensation rights.

What Are My Rights If I Get Injured At Work?

If you are injured at work, California workers’ compensation laws require that the following rights are protected:

Right to Medical Treatment

If you are injured at work, you have a right to seek the medical treatment you require and have the cost covered by your employer. This includes seeing a doctor, receiving treatment, and any rehabilitation required to get you feeling fully healthy.

Right to Return to Work Once You Recover

Your employer is required to allow you to return to your job once you are cleared by your doctor and have experienced a full recovery. If an employer does not allow you to return to your pre-injury job, you need to take legal action immediately. 

Right to Disability Compensation If Unable to Work

If your workplace injury has permanent consequences that make you unable to complete your previous job, your employer must provide disability compensation. This should compensate you for all lost funds due to your injury, as well as additional compensation if the injury negatively affects your quality of life.

Right to Appeal the Workers’ Compensation Decision

If you do not agree with the workers’ compensation decision for your claim, you have the right to appeal the decision and state your case. Employers cannot deny your ability to appeal the decision.

Right to a Workers’ Compensation Attorney

As in all matters of law, you have the right to an attorney. Make sure you pick an experienced and trusted workers’ compensation attorney to help you win the compensation you deserve.

Right to Refuse Unlawful Employer Requests

If your employer has an unlawful request of you or makes an unlawful offer, you have the right to refuse the offer without damaging your standings with the company. 

Right to an Injury Claim Without Fear of Retaliation

Some employers may try to convince you to avoid making a workers’ compensation claim, and may even threaten some kind of retaliation if you are not a “company man”. They can threaten all they want, but your right to pursue a workers’ compensation claim without fear of harassment or retaliation is protected by California law.

Right to Bring a Claim Against a Negligent Third Party

If your employer’s health insurance company is being negligent and not giving your claim the attention it deserves, you have the right to pursue legal action. Your right to bring a claim again a negligent third party is fiercely protected. 

What Do Workers’ Compensation Benefits Include?

If you get injured at work, California law requires your employer to pay for workers’ compensation benefits. These benefits include:

Medical Care

Workers; compensation will pay for all of the medical care you need.

Temporary Disability Benefits

Some injuries may leave you temporarily disabled. If that is the case, workers’ compensation should pay for temporary disability benefits to help you maintain a high quality of life.

Permanent Disability Benefits

If you are permanently disabled due to a workplace injury, you will get lifetime benefits to help you live a happy and fulfilling life.

Supplemental Job Displacement Benefits

If your injury makes it impossible to complete your job, you will get job displacement benefits to help you pay your bills. These displacement benefits can be for just a few weeks, or possibly even a few years.

Vocational Rehabilitation

If your job requires you to complete certain physical tasks, then workers’ compensation benefits will cover vocational rehabilitation. Vocational rehabilitation gets your body ready to perform all of your job’s needed tasks.

Death Benefits

If a workplace injury results in a death, the family of the deceased individual will receive benefits and compensation to help them survive this difficult time.

How Can I Protect My Rights?

There are two important steps to protect your rights to workers’ compensation:

1. Report Your Injury

In California, you have 30 days from the date of your accident to notify your employer of your injury. If you have an injury that developed over time, such as carpal tunnel syndrome, you should report it to your employer as soon as you miss work because of your symptoms or when you see a doctor and believe the injury was caused by your job. If you fail to report your injury within 30 days, you may lose your right to file for workers’ compensation.

2. File A Workers’ Compensation Claim

After you report your injury to your employer, you must officially file for workers’ compensation. Notifying your employer of your injury alone does not count as filing a claim. To file for workers’ comp, you must fill out a series of documents including:

DWC-1: Your employer will give you a DWC-1 within one working day after you report your injury. This form will require you to provide details about the time, date, location, and nature of your injury. You will return this form to your employer, either by personally delivering it to him or her or sending it by certified mail.

Application for Adjudication of Claim: This form gives the Workers’ Compensation Appeals Board (WCAB) jurisdiction over your claim. In other words, filing this document gives the court power to resolve issues and disputes related to your claim. You will submit this form personally at the WCAB district office or send it by mail with a proof of service form.

Declaration Pursuant to Labor Code 4906(g): By filling out this form, you are essentially swearing that you haven’t bribed a doctor, hospital, or medical center to submit fraudulent information to the Department of Workers’ Compensation (DWC). You will submit this claim at the WCAB district office along with your Application for Adjudication of Claim.

Document Cover Sheet: Include this completed document with the other forms you’re submitting.

Document Separator Sheets: You’ll place a document separator sheet between each of the forms in your package.

A Workers’ Comp Attorney Can Help You Protect Your Rights

The days, weeks, and months following a workplace injury can take a physical, emotional, and financial toll. During such a stressful time, the guidance of a lawyer who is experienced in workers’ compensation is invaluable. At the Law Office of Gerald Brody & Associates, we can help you make sense of your case, file the proper forms on time, and stand by your side throughout every step of the legal process. Your initial consultation is free, and there are no up-front or out-of-pocket costs for representation. Call us today at (619) 528-9800 to see what we can do for you.

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Do This While Your Workers' Compensation Claim is Pending

If you got injured while working, you need to file a workers’ compensation claim to get the compensation you deserve. However, in some cases, the workers’ compensation claim can take some time to be approved, which leaves you injured and waiting for some kind of resolution. So what should you do while your workers’ compensation claim is pending? The workers’ compensation attorneys at Gerald Brody and Associates will explain what you should do while your workers’ compensation claim is pending.

Check That Your Claim is Pending

If you do not have the assistance of a workers’ compensation expert, the process of filing a claim can be complicated. We have many times seen cases in which someone thought that they had a pending workers’ compensation claim, but upon further inspection, a workers’ compensation attorney discovered that they made a mistake during the filing process and the claim was never accepted. Even if you are positive you did everything perfectly, make sure to check that the claim is pending.

Are You Missing Any Important Information?

Sometimes a claim can be held up because you did not submit all of the needed information to the insurance company. Check to make sure nothing is missing from the workers’ compensation claim that might hold you up.

Make Sure Your Medical Care is Covered

While the claim is being processed you should still have at least some of your medical care covered by your workplace insurance company. If you are required to pay for your medical care completely out of pocket, talk to HR at your company or hire a workers’ compensation attorney to investigate why you are not being compensated for your recovery and treatment.

Educate Yourself on Your Eligibility for Compensation Benefits

Knowledge is power, and that is especially true when it comes to workers’ compensation claims. While your claim is being processed, educate yourself on all of the benefits and compensation you are entitled to due to your injury. You may be missing out on crucial benefits if you do not take the time to research workers’ compensation benefits! You also can schedule a meeting with a workers’ compensation lawyer to go over your claim.

Listen to Your Doctor

Make sure to listen to your doctor and follow their instructions as you recover from your injury. This should be the case with any injury, but it is especially true if you are trying to collect workers’ compensation benefits. You want to have proof that you are doing everything you can to get healthy!

Talk to a Workers’ Compensation Attorney While Your Claim is Pending

If you have a pending workers’ compensation claim, you need to make sure you talk to an informed and experienced workers’ compensation attorney. Gerald Brody and Associates is a law firm that specializes in workers’ compensation claims, and our team will make sure your claim is moving along so you get the compensation you deserve. To learn more or to schedule a consultation with one of our workers’ compensation attorneys, contact us today by calling (619) 528-9800.

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This Will Tell You If You Need A Workplace Injury Attorney

If you suffer an injury while working, you need to be prepared to take immediate action. You may be eligible for workers’ compensation benefits, and if you wait too long to file a claim, you may jeopardize your ability to get the maximum possible compensation. That is why, in many cases, you need to contact a workplace injury attorney as soon as possible. Below you can learn more about whether or not you need a worker’s compensation attorney after suffering an injury on the job.

When is it Unnecessary to Contact a Workplace Injury Attorney?

In general, if you suffer a workplace injury you should contact a workplace injury attorney as soon as possible. However, in some cases, you may not need to contact a workers’ compensation lawyer.

For example, if you do not need much medical treatment, will not miss much work because of the injury, or if there is no risk of long-term repercussions from the injury, you likely do not need to contact a workers’ comp attorney. Also, if it is a very clear-cut case in which your injuries were obviously caused by a work-related activity, you do not need an attorney. However, workers’ compensation can be complicated and we would suggest hiring an expert.

When Do You Need a Workers’ Compensation Attorney?

It is always good to have an expert by your side. If you get injured at work, this list can help you determine whether you should hire a workers’ compensation attorney.

Your Employer is Not Being Receptive

If you get injured at work, you need to quickly file a claim and meet with your employer to discuss the next steps. In some cases, employers may not be receptive to your claim and will try to delay the process or even deny your claim. If that is the case, call in a workplace injury attorney to get the process going. 

Your Injury May Result in Permanent Disability

If you suffer an accident at work that results in a long-term disability, you need an attorney to navigate these complicated waters. If you have a permanent disability, you are likely eligible for lifetime benefits that will compensate you for lost wages and quality of life. If that is the case, you want to make sure you get everything you deserve with an experienced attorney.

You Have a Preexisting Injury or Condition

If you have a preexisting injury or condition that is related to the area in which you suffered your injury, you can expect your employer to fight against your claim. They may argue that your workplace injury was caused by or made worse by your preexisting condition, even if this is not the case. A workers’ compensation attorney can put all of that nonsense to rest and secure your benefits.

You Are Not Getting the Treatment You Need

A huge part of your workers’ compensation benefits should be your employer paying for all injury-related costs. For example, if you require complicated surgery, your employer should foot the bill. Sometimes employers can delay needed procedures or require you to only go to a doctor covered by their restrictive insurance policy. You are entitled to swift, high-quality care, and a workers’ compensation lawyer can force your employer to help you heal.

The Best Workplace Injury Attornies in San Diego at Gerald Brody

If you suffer an injury or accident in the workplace, you need an experienced and talented workplace injury attorney to look out for your best interests. At Gerald Brody and Associates in San Diego, we specialize in workers’ compensation claims, making sure our clients get all of the benefits they deserve. If you are interested in learning more or would like to schedule a workplace injury consultation, contact Gerald Brody and Associates today by calling (619) 528-9800.

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Collecting Workers' Comp For Amputation in California

Losing a limb is devastating. The last thing anyone would want is to lose a hand, arm, or another extremity while on the job, but workplace amputations, unfortunately, do happen. If you have suffered the loss of a limb while working, you may be entitled to workers' compensation benefits as both restitution for the amputation and to make up for any kind of loss of future wages.

That is why the workers’ compensation experts at Gerald Brody and Associates in San Diego have put together a guide to help you collect workers’ comp for amputation in California. If you are interested in learning more, call us today at (619) 528-9800.

Workers’ Compensation for Amputation in California

California generally determines amputation workers’ compensation benefits based on the body part. Different body parts have different workers’ compensation terms and amounts based on the importance of a limb. For example, if you lose a pinky, the workers’ compensation benefits will be less than if you lose a leg. 

Also factored into the compensation is the demographics of the individual who gets injured. If you are an older person who works in a labor-intensive job, you may be entitled to more benefits than a younger person working a relatively safe job. 

What Are the Amputation Workers’ Compensation Terms?

As stated above, the amount of compensation you receive depends on your injury, age, and job. Below, you can find a rough estimate of the typical compensation for each type of injury.

Loss of Leg: approximately $100,000

Loss of Foot: approximately $50,000

Loss of Arm: approximately $200,000

Loss of Hand: approximately $150,000

Loss of Finger: approximately $20,000

Can I Recieve a Lifetime Pension?

Those who have a life-changing amputation may be eligible for a lifetime pension. There is a scale that ranks amputations, and if your impairment rating is 70% or higher, you may be eligible for payments for the rest of your life. These payments take into account the loss of future wages and potential work opportunities. Typically, this is reserved for those who lose a hand or an entire arm.

How Can I File an Amputation Workers’ Compensation Claim?

If you lose a limb at work, you need to contact a workers’ compensation attorney as soon as possible. They will help guide you through the entire process and maximize your compensation. In the meantime, immediately report the injury to HR and keep a detailed account of exactly what happened.

Amputation Workers’ Compensation Attorneys in San Diego

Gerald Brody and Associates specialize in workers’ compensation claims in San Diego, and we can help you get the settlement you deserve. Our team of lawyers can help you navigate the tricky ins and outs of workers’ compensation law and make sure you get fairly compensated. To learn more or to schedule a consultation, contact Gerald Brody and Associates in San Diego today by calling (619) 528-9800.

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Shoulder Injury & Workers' Compensation Settlements

Shoulder injuries are unfortunately very common in the workplace, especially for those working industrial jobs. The shoulder is such a key component to so many types of movements, one awkward tug or carry is enough to lead to a serious ailment. If you ever injure your shoulder while working, you are eligible for workers’ compensation benefits and need to file a claim as soon as possible.

Gerald Brody and Associates is a workers’ compensation law firm that specializes in helping individuals file workers’ compensation claims and collecting the benefits they deserve. Below, you can learn more about shoulder injury and workers’ compensation settlements, but if you have any questions call Gerald Brody and Associates at (619) 528-9800.

What Causes Workplace Shoulder Injuries?

Shoulder injuries in the workplace typically occur because of some kind of mistake or accident. For example, if something heavy falls or hits your shoulder, you could suffer a serious injury. The same goes for lifting heavy objects, as the strain on the shoulder can lead to issues down the road. You can also suffer an injury by repeating the same motion over and over. For example, if your job requires you to lift your arms over your head throughout the day, you may eventually suffer from a repetitive work shoulder injury.

Where are Workplace Shoulder Injuries Common?

There are two major industries in which workplace shoulder injuries are increasingly common. If you work in a warehouse or in construction, you are at more of a risk to suffer a workplace shoulder injury. 

Amazon Warehouse, or Other Warehouse

Many Amazon workers experience injured shoulders because of the repeated stress and strain that comes from lifting and carrying heavy objects. If you work at an Amazon warehouse or other warehouse, please be cautious when lifting heavy objects. If you feel any type of pain in your shoulder while lifting or carrying heavy objects, immediately let a supervisor know and file a shoulder workers’ compensation claim.

Construction Industry

Working in the construction industry can also lead you to haul a lot of heavy objects, as well as participate in repetitive movements that can eventually aggravate the shoulder. Make sure to stretch before each day of work, and if you feel any discomfort stop what you are doing so you can evaluate the extent of the injury.

How Do I Qualify for Shoulder Workers’ Compensation Benefits?

For a shoulder injury to qualify for workers’ compensation benefits, you will need to prove beyond reasonable doubt that your shoulder was injured while on the job, and the injury is going to prevent you from successfully completing your job for the foreseeable future. If you meet both of these prerequisites, you will need to fill out a workers’ compensation claim and get your shoulder inspected by a reputable doctor. After that, the process can get a bit complicated, and that is why it is absolutely essential that you hire a talented workers’ compensation attorney.

File a Shoulder Workers’ Compensation Claim With Gerald Brody and Associates

If you have injured your shoulder while working, contact the workers’ compensation experts at Gerald Brody and Associates in San Diego. We will help you file your claim and collect your benefits, making sure you get every cent that you deserve. The workers’ compensation process can be difficult for the average individual to understand, and that is why you should trust an experienced attorney with a track record of success. To learn more about shoulder workers’ compensation claims or to schedule a consultation, contact Gerald Brody and Associates in San Diego today by calling (619) 528-9800.

Related Blog: What Injuries Can Cause Shoulder Replacement Surgery?

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Getting Orthopedic Treatment After Workers' Comp Injury

If you suffer a workplace injury, you want to do anything and everything possible to heal. Oftentimes, your injury may require advanced treatments performed by specialists, aimed at getting you back to 100% as quickly as possible. That is why it is so essential to contact a workers’ compensation attorney if you get injured at work. They can help you get treatment after a workplace injury.

For example, if you need to get orthopedic treatment after a workers’ compensation injury, workers’ compensation benefits will often pay for the treatment! Learn more about getting orthopedic treatment after an injury in the workplace below.

What is Orthopedic Treatment?

Orthopedic treatment is the best way to heal muscle and bone injuries and diseases, combining physical therapy, medication, injections, and more to get you healthy as quickly as possible. There are many different areas of orthopedic, and below you can find some of the areas most commonly associated with workers’ compensation eligible injuries:

Arthroscopy

Spine

Foot and Ankle

Hand

Sports Medicine

Joints and Arthritis

Oncology

Fractures

Elbow and Shoulder 

Trauma

Rehabilitation

Is Orthopedic Treatment Covered by Workers’ Compensation?

If you require orthopedic treatment after suffering an injury at work, will workers’ compensation cover the costs of the treatment? In many cases, yes, workers’ compensation benefits should cover the costs of treatment. However, each and every case is different, and that is why it is so important to schedule a consultation with a workers’ compensation attorney.

During the consultation, the attorney will go over all of the specific details of the incident, trying to understand who is truly at fault. Once your workers’ compensation lawyer has heard everything about the workplace injury, they will file paperwork and an official workers’ compensation claim. Sometimes, you may be able to settle immediately, but you might also be called into a hearing so it can be determined who was at fault.

The laws around Workers’ compensation are tricky, especially if you are in California. If you try to take on this obstacle on your own, you will likely leave benefits and money on the table! Trust the experts and contact a workers’ compensation attorney as soon as possible to help you get orthopedic treatment after a workplace injury.

Get Orthopedic Treatment in San Diego with Gerald Brody and Associates

Gerald Brody and Associates has developed a reputation as the best workers’ compensation law firm in all of San Diego, helping hundreds of satisfied customers get the compensation and benefits they deserve. If you got hurt at work and need treatment, not only can workers’ compensation pay for your treatment, but it might also compensate you for time missed at work and other damages. To learn more or to schedule a  consultation with an experienced workers’ compensation lawyer, contact Gerald Brody and Associates in San Diego today by calling (619) 528-9800.

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Workers' Compensation For Injured Arms, Hands, & Wrists

If you injure your arms, hands, or wrists, chances are you will not be able to work. No matter the job, your hands and arms are going to be an essential part of your everyday tasks. Whether you are hauling heavy objects or typing away at a computer, you are going to be pretty useless without the use of your upper extremities. That is why you should pursue workers’ compensation benefits if you injure your arms, hands, and wrists. 

Gerald Brody and Associates is home to a team of workers’ compensation experts, and we can help you file an arms, elbows, hands, wrists, or forearms workers’ compensation claim to get you the settlement you deserve. Below you can find more information about workers’ compensation for injured arms, hands, and wrists, or to get started, call (619) 528-9800.

Elbows Workers’ Compensation

Some of the most common elbow injuries that occur on the job include tendinitis, elbow sprains or strains, arthritis, bursitis, or elbow fractures. Some of these elbow injuries can occur from overuse, while other injuries can occur following an accident or extreme impact. If the elbow injury occurred while on the job, you will be eligible for workers’ compensation benefits until you are well enough to return to work.

Hands and Wrists Workers’ Compensation

Some of the most common hand and wrist injuries that can occur while at work include carpal tunnel syndrome, fractures, osteoarthritis, tendinitis, ruptured ligaments, and dislocations. Many of these injuries come from overuse, as the hand and wrist are often involved in little everyday actions that can become serious over time. However, there are also trauma or stress-related wrist and hand injuries that can result in serious injuries. If you are having recurring hand or wrist issues, you may be eligible for workers’ compensation benefits and should file a claim as soon as possible.

Arm and Forearms Workers’ Compensation

Some of the most common arm or forearm injuries that occur in the workplace include broken or fractured bones, muscle tears, strains from overexertion, and nerve damage. Most arm and forearm injuries are caused by some kind of incident or accident, although it is possible to have an overuse arm injury as well. Arm and forearm injuries vary in seriousness, but if it prevents you from doing your job, you may be eligible for workers’ compensation benefits.

File an Arms or Hands Workers’ Compensation Claim in San Diego

Regardless of what part of your arms or hands you injure, the workers’ compensation attornies at Gerald Brody and Associates can help. We have years of experience helping our clients get the compensation they deserve, giving them the financial flexibility they need so that they can fully heal. Injuries to the arms, elbows, hands, wrists, and forearms can drastically affect your ability to do your job, so if you get injured while working, let the experts help! If you are interested in learning more or would like to talk to a workers’ compensation attorney, contact us by calling (619) 528-9800.

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Knee Injuries & Workers Comp Settlements In California

If you hurt your knee, you are not going anywhere for a while. The knee is crucial to walking, running, and most other lower-body movements. If you suffer a serious knee injury, you will be forced to stay in bed for days, if not weeks or months. If you get hurt while on the job, you are likely eligible for workers’ compensation benefits, allowing you to pay your medical bills and other expenses that may come about while you are injured.

Below, you can learn more about knee injuries and workers compensation settlements in California, or you can contact the knee injury workers’ compensation experts at Gerald Brody and Associates by calling (619) 528-9800.

What Types of Knee Injuries Are Most Common at the Office?

The knee is very complicated. There are a ton of different joints, ligaments, and bones that all meet at the knee, and that means there is a litany of different types of common knee injuries. Below, you can find a few of the most common types of knee injuries:

Knee Fractures

The kneecap can be fragile, and if you fall in a way that puts a lot of pressure on the kneecap, it can fracture. Even if you do not fall, if the kneecap has suffered from a degenerative condition (such as osteoporosis), it can fracture with a simple twist.

ACL Injuries

If you jump and land in an awkward position or severely twist your knee, you could tear the anterior cruciate (ACL), a joint stabilizer that runs down the front of the knee. ACL tears require surgery and can take months to fully heal.

Dislocated Knee

If one of the bones in or around your knee slips out of its proper position, you can have structural issues and pain. A dislocated knee should be treated and put back into place as quickly as possible.

Torn Meniscus

A torn meniscus is a very common injury, and in many cases, knee pain can be traced to a slight tear or sprain. The meniscus is the cartilage that helps to stabilize the knee, and a tear can occur because of overuse, a strong twist, or simply from growing older. Usually, you will hear or feel a pop when you tear your meniscus, but other times you may not be even aware your meniscus is torn.

Knee Tendinitis

Over time, the tendons in your knees can become inflamed from overuse. This is very common as you get older, as overuse can cause chronic tendinitis that will lead to persistent knee pain.

Knee Injury Workers’ Compensation Settlements

If you suffer a knee injury while working, you may be eligible for workers’ compensation. Even if it is an overuse injury such as tendonitis, you may be able to receive workers’ compensation benefits to help pay your medical bills and other expenses. The key is to act fast and get in touch with a workers’ compensation attorney as soon as you get hurt, allowing you to get the paperwork started immediately after suffering your injury. The quicker you can document the exact details of your injury, the quicker you can finalize your workers’ compensation settlement and start receiving payments.

Knee Injury Workers’ Compensation Attorneys in San Diego

If you have suffered a knee injury while working in San Diego, contact Gerald Brody and Associates immediately. Our team of workers’ compensation experts can help you file your knee injury claim to get you the settlement you deserve. If you are interested in learning more or would like to talk to a workers’ compensation attorney, contact us by calling (619) 528-9800.

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Road Construction Workers & Potential Accidents

Being a road construction worker can be a very dangerous job. Your work environment is constantly infiltrated by speeding vehicles and distracted drivers, putting you at risk for potential accidents and incidents that can lead to serious injuries. With these dangers in mind, what can a road construction worker do to prevent potential accidents, and what should you do if you get injured while on the job?

Gerald Brody and Associates is a San Diego law firm that specializes in workers’ compensation claims, and below we explain everything road construction workers need to know about potential accidents.

Tips for Road Construction Workers to Avoid Potential Accidents

If you are working on a busy road, it is important to take several precautions to try to protect yourself from potential accidents and injuries. Below are a few of the best ways to keep yourself safe while working as a road construction worker.

Understand the Danger

It is essential to acknowledge the danger in working road construction. Do not be naive and dismiss the potential hazards that come with working in an environment that involves speeding cars and careless drivers.

Wear Protective Clothing

The goal of every road construction worker is to do everything possible to stand out and make it difficult for even the most distracted driver to miss you. Road construction workers should wear reflective vests and brightly colored pants. You should also wear a hard hat to help lower the possibility of injury.

Be Ready and Alert

You need to always be aware of your surroundings. It can be easy for you to lose focus and “zone out” on the job, but your head needs to always be on a swivel so you can see any reckless drivers coming from a mile away.

Use Barriers and Good Lighting

A great way to keep you and your team safe are with barriers and strong lighting, especially when working late at night. Do everything possible to keep yourself safe from approaching traffic.

What if I Get Injured While Working as a Road Construction Worker?

Even with all of the above preventative measures, unfortunately, road construction workers still fall victim to injuries while on the job. If you get injured while working in road construction, you may be eligible to file a workers’ compensation claim that could result in a financial settlement. If you ever suffer an injury as a road construction worker, it is absolutely essential to contact a workers’ compensation attorney as soon as possible.

San Diego Road Construction Workers’ Compensation Attorney

If you get injured while working as a road construction worker, contact Gerald Brody and Associates immediately. Our team of experienced workers’ compensation experts will do everything possible to secure the settlement you deserve. Road construction is a dangerous job, and if you are forced to miss time from work with an injury, you deserve to be fully compensated.

If you are interested in learning more or would like to file a workers’ compensation claim, contact Gerald Brody and Associates in San Diego today by calling (619) 528-9800.

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How Construction Workers Can Prevent Injuries On-Site

Working at a construction site can be a dangerous job. Construction injuries are more common than you think, which is why it is so important to do everything possible to avoid dangerous conditions. If you take some necessary precautions, you can help prevent injury, illness, mental health issues, and long-term damage.

Below you can find a list of things construction workers can do to prevent on-site injuries. If you do get injured on-site, make sure to contact Gerald Brody and Associates to file a workers’ compensation claim by calling (619) 528-9800.

Adhere to All OSHA Guidelines

The OSHA (Occupational Safety and Health Administration) puts out its guidelines solely to keep construction workers safe, so make sure to follow all listed guidelines. If you find that your construction site is not complying with OSHA standards, rules, and regulations for the site, tools, equipment, and communication, make sure to talk to a superior.

Make Sure All Staff is Thoroughly Trained 

Training must be completed on-site for all construction staff, pointing out potential hazards and explaining all safety rules and regulations. Not only that, but the training must be offered in a language and vocabulary the workers understand. If you or a coworker did not receive training or did not understand the training, make sure that you or your coworker receives the training needed to stay safe.

Provide Medical Exams for all Workers

It is essential to identify any preexisting conditions or other medical problems with all staff. That way, if any worker is at risk in a specific scenario, appropriate precautions could be put in place. For example, if a construction worker has asthma, the site can put in the appropriate medical support to make sure they are safe and secure at all times. This is why all construction site works should undergo a medical exam prior to working.

Provide a Stress-Free Environment

Mental health is just as important as physical health, and that is why employers need to do everything possible to support mental health on a construction site. That means trying to create a stress-free and inclusive environment. A construction job already puts enough physical stress on the worker, so the employer should try to lessen the mental load.

Communication is Key

The key to safety is strong communication. You want everyone on the site to be in constant communication with one another, which means that everyone should know how and when to communicate concerns they may have. That also means that management needs to try to be as transparent as possible, relating key points and potential hazards to the entire staff in a prompt and clear manner. Making sure everyone is on the same page can go a long way towards preventing injuries.

Construction Injury Workers’ Compensation in San Diego

Even with all of the above precautions, you can still suffer a serious injury while working on a construction site. If you or someone you care about suffers an injury while working on a construction site, you need to file for construction workers’ compensation.

Gerald Brody and Associates specialize in Construction injury workers’ compensation, helping injured construction workers get the settlement they deserve. If you are interested in filing a workers compensation claim or would like to schedule a consultation, contact Gerald Brody and Associates in San Diego today by calling (619) 528-9800.

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Amazon Is Working On New Methods To Prevent Musculoskeletal Injuries

Musculoskeletal injuries are incredibly common in warehouses and other manufacturing jobs, and Amazon is taking notice. The giant corporation reported that around 40% of all work-related injuries across the company are musculoskeletal injuries, and they are doing everything possible to prevent these injuries. First and foremost, you want every employee to feel safe and secure on the job, but these types of injuries can also prove costly with industrial workers’ compensation settlements and the lost productivity from injured workers. Below, you can learn some of the things Amazon is working on to prevent musculoskeletal injuries.

What are Musculoskeletal Injuries?

Musculoskeletal injuries, also known as MSDs or “ergonomics injuries”, are the name given to ailments, strains, and injuries caused by repeatedly putting your body into awkward positions or overexerting yourself on the job. Some of the most common examples of MSDs are tendonitis and carpal tunnel syndrome. Given the repetitive motions that are inherent to working in a warehouse or other manufacturing environment, it is clear to see why MSDs are such a problem in the industry.

Coach Your Staff on How to Move Properly

While repetitive motions are often the cause of MSDs, you can also injure yourself by not using proper form or mechanics when performing tasks. That is why Amazon and other manufacturing warehouses are spending time and money on training for all employees. That way, each employee is well-versed in the best way to approach each and every task they complete on a daily basis.

Rotate Jobs to Prevent Overuse and Repetition

Traditionally, a warehouse has workers completing the same task, day after day. Amazon is looking into changing this by having employees rotate to several different stations in order to complete a wide variety of tasks each and every day. That way, employees will not be forced to repeat the same task over and over for weeks at a time. The hope is that by diversifying the tasks each employee is given, you reduce the possibility of repetitive stress leading to MSDs.

Work With a Partner for Heavy Lifting

This should be a given, but if you have some heavy lifting to do, make sure you have a partner! Many MSDs come from overexertion, so make sure you know your limitations and ask for help. Even if you are strong enough to carry the item on your own, it is best practice to ask someone for help.

Don’t Work Too Fast

Research has shown that asking employees to complete tasks in a warehouse faster means sacrificing form and safety. Therefore, try to communicate to your staff that they should not sacrifice form and safety for faster results. This can be a difficult message to communicate since you still want them to work as fast as possible, but try to find a nice middle ground between too fast and too slow.

Workers’ Compensation for Musculoskeletal Injuries in San Diego

If you suffer a musculoskeletal injury while working in a warehouse in San Diego, contact Gerald Brody and Associates today. Even if your company adheres to all of the above steps to try to keep you safe, you are still likely to be eligible for compensation. Our team of workers’ compensation attornies will do everything they can to make sure you get the compensation you deserve while you rest and recover from your injury.

To learn more about MSDs or manufacturing workers’ compensation claims, contact Gerald Brody and Associates in San Diego today by calling (619) 528-9800.

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Machine Guarding Safety For California Factory Workers

In general, machines have made the world a much better and more convenient place. Tasks that used to require blood, sweat, and tears can now be automated by machines. However, that does not mean that machinery is safe. In fact, it is quite the opposite, as dangerous machinery can lead to a variety of different types of injuries, which makes it essential to do everything you can to protect your California factory workers from machine-caused injuries. Below, you can find some guidelines for machine guarding safety for factory workers.

Amputations Are the Most Common Machinery Injury

One of the most common injuries caused by machines in a factory is amputations. All of the moving parts in most factory machinery can make them a certifiable chopping block for employees, as all they have to do is get their hands, feet, or other body parts stuck in a moving part of the machine. Therefore, in order to protect factory workers from amputations, all machinery needs to have some kind of guard in place.

Machinery Must Feature Guards

Guards offer a physical barrier between workers and moving machinery, with the hope being that the guards prevent any body part from getting stuck in the machinery. All machine guards must meet the OSHA standards to keep all employees as safe as possible, with the guards being strong and secure enough that workers cannot move them in any way.

Machine Guard Guidelines

In order for a machine guard to be effective and meet safety protocols, they must follow these guidelines:

One or more types of guards should be used to protect workers from injury

Guards should be securely attached to machines and not be sticking out in a hazardous manner. It defeats the purpose of a safety guard if the guard itself is creating a separate possible hazard to anyone who walks by.

Guards should be used in all areas where work is being performed.

Employees Must Be Trained in Machine Safety

While the guards are somewhat effective in preventing injury, you still need to make sure all employees are trained in machine safety. All workers must go through safety training in order to operate machinery, and they should be retrained whenever new safety information comes to light. It is always better to err on the side of caution, so make sure you provide thorough training for your employees.

What Should I Do If I Get Injured By a Machine?

If you are working in a factory or other manufacturing space and you get injured by a machine, you should file a workers compensation claim as soon as possible. It is the responsibility of your employer to keep your workplace safe, and if an injury prevents you from making money, you need to be compensated. If you get injured on the job, you need to contact an experienced workers’ compensation attorney to help you file a claim.

Manufacturing Injuries Workers’ Compensation Lawyers in San Diego

If you are looking for a manufacturing injuries workers compensation lawyer in San Diego, look no further than Gerald Brody and Associates. The team at Gerald Brody and Associates specializes in workers’ compensation claims, and they go above and beyond to make sure each and every client is properly compensated. Working in manufacturing can be dangerous, and it should be comforting to know that a team of experts has your back and will fight for your rights. 

If you are interested in learning more about filing a workers compensation claim or would like to schedule a consultation, contact Gerald Brody and Associates in San Diego today by calling (619) 528-9800.

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How Do You Ensure Safety On A Construction Site?

A construction site can be a dangerous place. Unless safety measures are put into place and every worker is aware of all of the potential hazards, someone can get seriously hurt at a construction site. In order to ensure safety on a construction site, you need to follow the below steps.

If you are a construction worker who got injured while on the job, contact Gerald Brody and Associates to file a construction workers compensation claim.

1. Identify All Potential Risks

Before you begin a construction project, you need to identify all potential risks and develop strict safety protocols to avoid these risks. In order to prevent anyone from getting hurt, you need to be thinking about safety right from the start.

2. Every Worker Needs to Be Trained

The most important step to make sure everyone on a construction site is safe and avoids injuries is to put all staff members through extensive safety training programs. Not only will this training help workers identify risks and avoid dangerous situations, but it will also train them to conduct safety audits on the construction site on a regular basis.

3. Only Let Verified Personnel on Site

As mentioned above, a construction site is full of hazards. Therefore, only verified personnel who have gone through safety training should be allowed on the site. If a visitor is authorized to visit the construction site, make sure they follow strict safety procedures in order to protect both the visitors and the workers who are just trying to do their job.

4. Avoid Electrical Issues

One of the biggest dangers on a construction site can be electrical issues, which can lead to the electrocution of a worker. Make sure that power transmission lines are isolated from all workers and properly isolated, avoid overloading extension cords, use a transformer to keep the voltage down, and only purchase approved electrical products.

5. Safely Store All Chemicals

You need to make sure chemicals are stored safely. Chemicals can cause fires, explosions, and other dangerous scenarios, so store all hazardous chemicals in high-quality storage containers.

6. Have a Plan For Bad Weather

Mother Nature is unpredictable, and that is why you need a plan for any type of weather condition. Even if it is unlikely that you will see snow or a tornado while you are working on the construction site, you still need established safety procedures. Plan for the worst and hope for the best!

7. Big, Bold, and Clear Signage

Signage is a great way to clearly get across safety procedures, and that makes it imperative that every construction site feature big and bold signage that is easy to see and read from far away.

8. Give Works Safety Equipment

All workers need personal protective equipment (PPE) to keep them safe, depending on the type of work they are being asked to complete.

Construction Workers Compensation Experts in San Diego

If you are a construction worker who gets hurt while on the job, you may be eligible to make a workers’ compensation claim. Gerald Brody and Associates have developed a reputation as the best workers compensation lawyers in San Diego, and they can help you file a claim and get the compensation you deserve.

If you are interested in learning more about construction workers compensation, contact Gerald Brody and Associates today by calling (619) 528-9800.

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California's Minimum Wage 2021 Impact on Workers' Comp

An agreement was reached between California lawmakers and labor unions to increase the minimum wage of all workers to $15 an hour. The increase is going to happen incrementally over time, but the ramifications of the new minimum wage are already being seen in regards to workers’ compensation. Below, the workers’ compensation experts at Gerald Brody and Associates explain exactly how the approved $15 minimum wage in California will impact workers’ compensation in 2021 and beyond.

Higher Wages Usually Mean Higher Workers’ Compensation Costs 

In the past, any wage raise typically will lead directly to higher workers’ compensation costs. There is a direct correlation between the average wage of a worker and the amount of money a business needs to pay for workers’ compensation premiums. This is because higher wages mean a higher payroll, and that means higher workers’ comp payments. Most workers’ compensation benefits are based on ⅔ of the average worker’s salary.

What Types of Companies Will This Hurt the Most?

While the minimum wage being raised to $15 will have ramifications that will be felt in most industries, the types of businesses that will be hurt most are those who typically employ a large number of minimum wage workers. This makes logical sense, as the higher the number of minimum wage workers a company employs, the higher the number of employees due for a raise. Some types of companies this will likely hurt include the foodservice industry, the entertainment industry, grocery stores, and other businesses with a large percentage of the workers making minimum wage.

What Comes Next?

So what comes next for companies that are going to be hurt the most from the minimum wage increase? Unfortunately, for many businesses, the only option will be eliminating jobs and laying employees off. They just will not be able to deal with the increase in payroll and workers’ compensation fees. However, the increased minimum wage means that workers earning the minimum have the means to support their families, so the ramifications of the potential layoffs are hard to quantify.

How Can My Business Prepare for the Minimum Wage Increase?

If you want to try to better understand the impact of the California minimum wage increase on workers’ compensation, contact Gerald Brody and Associates today. Our law firm has earned a reputation as the home for the best workers’ compensation attorneys in San Diego, and we can help your business prepare for potential workers’ compensation-related issues that will come with the wage increase.

If you are interested in learning more or would like to schedule a consultation with a workers’ compensation attorney, please contact Gerald Brody and Associates today by calling (619) 528-9800.

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Working From Home and Employee Rights

COVID-19 has completely redefined what an “office” is or can be. Before the pandemic changed our everyday lives, most people worked in an office with other employees, and these offices featured well-known employee rights, rules, and regulations. COVID-19 has meant a large percent of the population is now working from home, and at home, employee rights are not as clear cut. Below, you can learn more about working from home and employee rights.

Businesses Not Required to Offer Remote Work Option

There is no law forcing businesses to offer remote work to employees. Businesses must comply with all health and safety warnings and regulations, and if your place of business is closed, they must offer remote work. However, in general, there is no explicit law forcing businesses to offer remote work. We suggest asking to work remotely if you are worried about your health and safety and given the circumstances, most businesses will approve the request.

What if I Am at Risk or Immunocompromised?

If you are an individual with preexisting conditions that put you at higher risk, you may be able to find remote work accommodations in accordance with state and federal disability law. First, reach out to your boss to ask if you can work remotely because of your condition. If they refuse, then you should contact your union or HR representative, and you may need to seek legal representation to argue on your behalf.

Paid Sick Leave When Working From Home

Even if you are working at home, you should be provided with paid sick leave. This is especially true if you contract the virus while working or if your job in some way puts you at risk of exposure. You also may be eligible for sick leave if a family member gets infected, especially if you need to care for that individual or are forced to quarantine. In general, an infection should result in two weeks of paid leave to give you the time you need to recover.

Sick Days as a Precaution

If you think you or a family member may be infected, you are encouraged to take a sick day. Even if you do not have a positive test, you are eligible to take a sick day to help stop the spread of the virus and mitigate infection.

Out of Sick Days?

If you are out of sick days and become infected, you might be asked to file a Disability Insurance claim to get paid for your time off. In general, your payment should equal around 60% to 70% of your usual income during disability leave.

Workers’ Compensation for Ergonomic Injuries

Many home offices do not have the proper equipment to support a comfortable, safe, and healthy workday. That is why all remote workers are encouraged to invest in a comfortable workstation that is specifically catered to their needs. However, not everyone has the budget to buy the equipment needed to support a workday. This can lead to a huge increase in ergonomic injuries, which are musculoskeletal disorders caused by continued discomfort. Some popular examples include a pinched nerve, herniated disc, or muscle sprains. If you suffer an ergonomic injury working remotely, you may be entitled to workers’ compensation benefits.

Working From Home Employee Rights Attorney in San Diego

If you are working from home and feel as if your employee rights are being violated, contact The Law Office of Gerald Brody and Associates. We specialize in workers’ compensation and employee rights, and we will fight for you to make sure your needs as a worker are being met.

If you are interested in learning more about remote employee rights, contact Gerald Brody and Associates today by calling (619) 528-9800.

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How Do I Get the Most Out of My Workers’ Comp Settlement?

The last thing anyone wants is to get injured while at work. You are already sacrificing your time and energy to your career, but it is devastating to have to sacrifice your health for the sake of your job. If you do get a work-related injury or illness, you may be eligible to receive a workers’ compensation settlement. This will provide you with financial compensation to help you make ends meet while recovering from your injury and illness. During this process, it is essential to try to maximize your settlement to get you the most amount of money possible. So how do you get the most out of your workers’ compensation settlement?

Report Your Injury ASAP

The first step to getting the most out of your workers’ compensation settlement is to report your workplace injury as soon as it happens. You want to make sure you file a claim when all of the details are fresh in your mind, and the longer you wait the higher the chances are that you forget a key detail. Make sure your report is in writing on an official workers’ compensation form.

Get the Medical Treatment You Need

Even if you are usually hesitant to go to the doctor to get an injury treated, it is important that you get your workplace injury treated immediately. Any delay in getting medical treatment will make it appear as if the injury is not serious enough to merit workers’ comp. Most people delay getting medical treatment because they are afraid of the cost of treatment, but with workers’ compensation, you will get reimbursed for any expenses.

Keep an Accurate and Detailed Record

Every detail matters. No matter how mundane a detail or note may seem, you need to make sure you have a record of it for your workers’ compensation settlement. The more information you have, the better you can argue your case. Make sure you have all documented medical records, fees and expenses, and other purchases that are in any way related to your injury. Some commonly overlooked expenditures include the cost to fill up a tank of gas, parking fees, and any needed medical supplies or medications.

Be Specific and Explicit to Your Doctor

Some people tend to downplay injuries at the doctor. If their pain level is a 4 out of 10, they may tell the doctor it is a 2 out of 10 to “save face”. Other people may not want to describe a minor ache or pain because they do not feel it is substantial enough to warrant medical attention. When it comes to workers’ compensation, you need to leave these habits behind and provide a specific and explicit account of your injury and symptoms to your doctor. Be honest and do not be afraid to let the doctor know every single detail about the injury and how you currently feel. Some specific details may seem insignificant now, but they may be the difference between a small workers’ comp settlement and a huge one!

Be Careful What You Say to Insurance Companies

You are not legally obligated to answer any questions the insurance company asks in regards to your workplace injury, so be selective with what you disclose. The insurance company will do everything in their power to lower your settlement, so do not give them any ammunition they can use against you. Consult with your attorney before answering any questions, and think carefully before you speak to insurance companies. 

Maximize Your Workers’ Comp Settlement With Gerald Brody & Associates 

If you are looking to maximize your workers’ compensation settlement, The Law Offices of Gerald Brody and Associates can help. Our law firm specializes in workers’ compensation cases, and we fight hard for our clients to get the biggest possible settlement. With two convenient locations in San Diego and El Centro, we are ready to get you the compensation you deserve.

To learn more, contact Gerald Brody and Associates today by calling (619) 528-9800.