Huntington Beach Workplace Stroke Injury Lawyer

Huntington Beach Workplace Stroke Injury Attorney

Having a stroke can be a life-altering medical emergency. You could be left with ongoing cognitive impairments and other forms of long-term disability. If your stroke occurred while you were on the job, you may be eligible for workers’ compensation insurance benefits. Contact a Huntington Beach workplace stroke injury lawyer to find out if your situation merits applying for workers’ compensation benefits.

Canlas Law Group – Workplace Stroke Injury Law Firm

The team at Canlas Law Group, APLC, has been representing the rights and interests of working Californians for years. In that time, we have recovered millions of dollars for our clients. Our seasoned attorneys know what it takes to qualify for workers’ compensation benefits and when to file a civil claim instead. We can help you decide how to move forward with your claim to maximize your benefits.

Why Hire a Workplace Stroke Lawyer?

Strokes are the leading cause of disability and death in the Golden State, with over 14,000 Californians dying from them each year. Strokes among younger Californians have increased in recent years, from 23 per 100,000 residents in 2018 to 28 per 100,000 residents in 2023.

No matter how old you are, if your stroke happened while you were on the job as a result of your working conditions, you should hire a workplace stroke lawyer to help you file a workers’ compensation claim. Filing a workers’ comp claim for a stroke can be challenging because it’s often difficult to prove that this medical emergency was caused by working conditions. Having a lawyer on your side can make it easier to get your claim approved.

What Is a Stroke?

Strokes occur when the blood supply to the brain is interrupted, either by bleeding or a blood clot. Strokes often result in:

• Weakness or paralysis on one side of the body
• Loss of speech and motor skills
• Cognitive problems
• Memory issues
• Emotional instability

In worst-case scenarios, they can even lead to coma and death.

Conditions That Can Increase Your Chances of Having a Stroke

An individual’s predisposition for having strokes is partially determined by genetics and lifestyle factors that encompass their entire daily lives, not just work. However, certain conditions can increase your chances of having a stroke. They include:

• Extreme physical exertion
• Extreme emotional stress
• Overwork
• Exposure to toxic chemicals
• Lack of regular hydration, meals, and breaks

Workers’ compensation may provide benefits if your stroke was brought on by any of these conditions, even if you have other underlying health problems that could predispose you to having a stroke.

Workers’ Compensation for Stroke Victims

The California workers’ comp system is no-fault, which means it doesn’t matter if you had pre-existing medical conditions. You could still be eligible to receive benefits if your stroke occurred:

• During your regular work shift
• While performing your job
• On the employer’s premises
• As a result of work-related stress

If approved, your workers’ compensation insurance benefits will pay for medical expenses related to your initial and ongoing care at local medical facilities like Huntington Beach Hospital, temporary or permanent disability payments, home modifications, if required, and supplemental job displacement benefits if you are unable to return to your job.

Proving a Stroke Was Work-Related

In most cases, it’s assumed that your stroke was work-related if it happened while you were on the job. However, you may need to prove that your job duties or working conditions contributed to your stroke risk. You can do that by providing:

• Medical evidence
• Witness statements
• Documentation of prior complaints
• Job records
• Opinions from expert witnesses

The timing of your stroke can also point to its having been triggered by work or your work environment. A Huntington Beach workplace stroke attorney can help you build a case that shows your stroke occurred at work and was directly related to the conditions of your job.

FAQs About Huntington Beach, CA Workplace Stroke Injury Law

Can You File a Workers’ Comp Claim for Having a Stroke at Work?

You can file a workers’ comp claim for having a stroke at work. However, in order to be successful, your claim will need to prove that your job’s conditions directly caused the stroke or significantly contributed to your risk of having a stroke. Those conditions can include extreme heat, stress, or physical exertion.

Can I File a Civil Claim Against My Employer for a Workplace Injury in California?

You generally cannot file a civil claim against your employer for a workplace injury in California. California has a workers’ compensation insurance system in place that pays for medical care and makes up for some of the lost wages of employees injured on the job. Taking advantage of it generally precludes filing a civil claim, except in instances where your employer harmed you intentionally or failed to carry workers’ comp insurance.

How Much Compensation Do You Get for a Stroke?

The compensation you get for a stroke can vary widely depending on factors such as your injury’s severity, your medical needs, your lost wages, and whether you can prove the stroke was work-related. Workers’ compensation benefits typically cover medical bills, some lost wages, and rehabilitation. If your stroke was disabling, you may need lifelong care.

Will a Workers’ Comp Settlement Affect SSDI?

A workers’ comp settlement can affect SSDI benefits. You’ll typically see a reduction in benefits if the total income from both sources exceeds 80% of your average earnings while you were working. However, the impact of a workers’ comp settlement on SSDI payments depends on how the settlement is structured. Proper legal drafting can minimize reductions by excluding certain costs and prorating payments.

Your Huntington Beach Workplace Stroke Injury Lawyer

If you’ve had a stroke at work, there’s a chance you could be eligible for workers’ compensation insurance benefits. Your next step should be to hire a Huntington Beach workplace stroke injury lawyer who can help you navigate the application process. The team at Canlas Law Group can help. We have years of experience assisting with workplace stroke injury claims. Contact us to schedule a consultation.