Downey Workplace Stroke Injury Lawyer

Downey Workplace Stroke Injury Attorney

For many of us, our work is a huge part of our identities. We define ourselves by the work we do, but sometimes, dedication to work can result in serious injuries, including stroke. If you or a loved one has had a stroke at work, you may be wondering what your legal options are for pursuing compensation. If you live in the Downey area, you can benefit from the legal support of a Downey workplace stroke injury lawyer.

About Canlas Law Group

At Canlas Law Group, we help our clients safeguard their rights by providing confident, straightforward legal representation. We are deeply familiar with workers’ compensation laws, and we can help you navigate the process of filing a claim.

No matter how complex your case is, we can offer a client-centered and proactive approach to help with your recovery. From our Cerritos office at 18000 Studebaker Road, we are easily accessible for our Downey clients, just off of Interstate 605.

What Is a Stroke?

A stroke is a medical event during which blood flow to part of the brain is blocked or when blood flow is disrupted because of a blood vessel that has burst. The lack of blood flow to the brain can cause temporary or permanent damage to brain tissue. In the worst cases, parts of the brain tissue can die. As of 2021, 25% of adults were predicted to experience a stroke at some point in their lives.

Stroke is unfortunately very common in the United States. In fact, of all deaths related to cardiovascular disease, strokes caused one-sixth of them in 2022. Someone in the United States has a stroke every 40 seconds, and the total new cases each year exceed 600,000.

How Can a Stroke Be Covered Under Workers’ Compensation?

The vast majority of employers in California are required to carry workers’ compensation insurance. This insurance covers medical expenses and lost wages arising from illnesses or injuries that occur during the course of work or because of work activities. In order for an injury or illness to be covered, the following statements must be true: 

• The injury or illness must occur or develop during work hours on the employer’s property or at a location the employee is required to be for work.
• The injury or illness must develop or occur during the course of work or work-related activities.
• The injury or illness must be directly caused by work activities.

For a stroke to be covered under workers’ compensation, the person filing for benefits must be able to prove that the stroke was caused by work activities. Some circumstantial facts that may support this assertion are as follows:

• The injured employee was asked to do tasks that required unusual physical exertion in the time leading up to the stroke.
• There was a hostile work environment that contributed to abnormally high stress levels for the employee.
• The employee sustained a head injury at work that could reasonably contribute to a stroke.
• The employee was exposed to toxic substances that increase the risk of stroke.

To substantiate a claim that a stroke was caused by work activities, you may need documentation and supporting physician opinions. More than one opinion can strengthen your case. It is also beneficial to have experienced legal support.

Hire a Workplace Stroke Injury Lawyer in Downey

If you had a work-related stroke and need to prove the connection to file for workers’ compensation, a practical first step is to hire a workplace stroke injury lawyer. Your attorney should have deep knowledge of workers’ compensation laws and enough experience to navigate this difficult situation.

Because it is difficult to prove exactly what caused a stroke, drawing a connection beyond a reasonable doubt between your work and your stroke injury is crucial to the success of your case. A lawyer can help you do this by gathering details about what happened, taking statements from coworkers or any other relevant individuals, and compiling medical documentation to support your claim.

Should your case go to trial, your attorney can represent you in court and advocate for your rights.

FAQs About Downey, CA Workplace Stroke Injury Law

How Much Does It Cost to Hire a Stroke Injury Lawyer in Downey?

The cost to hire a stroke injury lawyer in Downey can vary widely depending on the complexity of your case, the amount of time the attorney must spend on it, and individual lawyers’ rates and fee structures. However, many attorneys who take such cases do so on a contingency basis. Their clients do not pay anything unless a settlement is secured.

If I File a Workers’ Compensation Claim, Can I Still File a Personal Injury Claim?

If you file a workers’ compensation claim, you generally waive your right to file a personal injury claim. However, there are some circumstances under which you could file a separate claim. If your employer intentionally created a situation that was likely to result in injury or death, you may be able to file a personal injury claim. Additionally, if your stroke was brought on by stress from a hostile work environment, you can file a hostile work environment claim.

Can I Be Reimbursed for Emergency Care Under a Workers’ Compensation Claim?

Yes, you can be reimbursed for emergency care under a workers’ compensation claim. Usually, if an employee is filing a workers’ compensation claim, they are required to see an approved physician chosen by their employer. However, if you are in need of emergency care, you should seek care on your own and then report the injury and the treatment to your employer.

Does a Stroke Qualify for Disability in California?

Yes, a stroke can qualify for disability coverage in California. Whether a stroke patient qualifies for disability depends on the severity of the injury and the prognosis for recovery. Even if a stroke does not result in a long-term disability, some stroke injuries may cause temporary functional problems that could qualify a person for short-term disability coverage.

Contact Canlas Law Group Today

If you or a loved one has had a stroke at work, it may be a legal battle to collect the workers’ compensation benefits you deserve. However, you don’t have to navigate the complications of the system alone. Contact Canlas Law Group today for a free consultation to discuss your case.