California workers in every industry face substantial risk every day. Some people work in inherently dangerous fields like construction, which reports some of the highest workplace injury rates each year. Others develop repetitive trauma injuries from performing the same physical tasks each day. Unfortunately, it’s also possible for workers to suffer acute medical complications from work, including strokes. A stroke or cerebrovascular accident occurs when blood flow is interrupted to the brain. Strokes typically occur due to one of two causes:
If a stroke occurs at work, or if one occurs due to the nature of the victim’s work, the victim is likely to qualify for workers’ compensation benefits or other disability benefits if they cannot return to work following the stroke. High-stress jobs are more likely to cause strokes, but ultimately anyone can experience a stroke in their workplace.
If you or a loved one recently suffered a workplace-related stroke, you may have grounds to file a workers’ compensation claim. Strokes can profoundly affect the victim, sometimes resulting in permanent physical and mental disabilities. The Canlas Law Group can provide the compassionate and responsive legal counsel you need to determine your best legal options after a workplace-related stroke in Los Angeles, CA.
You might think that if your stroke occurred at work, you would have minimal difficulty qualifying for workers’ compensation benefits. However, the workers’ compensation claim process is more challenging than many claimants realize. In addition, if you are already struggling with the aftermath of a stroke, it can be extremely challenging to address the various legal mechanisms you will need to face to secure the benefits you deserve.
Working with an experienced Los Angeles workplace stroke injury lawyer can provide reassurance and clarity when you need it most. Your legal team can assist you in every phase of the claim process. Additionally, you may have grounds for further legal action beyond the workers’ compensation claim system, depending on how your stroke occurred. For example, if your stroke somehow occurred due to intentional misconduct, illegal workplace practices, or negligent exposure to harmful substances that caused your stroke, these circumstances could form the basis for a civil claim against the party responsible.
Ultimately, any claim about a workplace-related stroke is likely to pose complex legal questions to the claimant. Canlas Law Group has extensive experience representing Los Angeles, CA, clients in all types of workers’ compensation claims, including those pertaining to strokes. We will carefully review the details of your situation and help you maximize your recovery however possible under California law.
If you or a loved one suffered a stroke at work, you might qualify for workers’ compensation benefits if your stroke prevents you from returning to work for an extended time. When a stroke occurs, it is a medical emergency, so the victim is likely to be rushed to the nearest hospital immediately after the stroke. When a stroke occurs in the workplace, the employee can request workers’ compensation claim materials from their employer. The employer may not interfere with a workers’ compensation claim or retaliate against an employee who requests to file a workers’ compensation claim.
It is important to note that the claimant must prove their injury or illness directly resulted from their job duties to qualify for workers’ compensation benefits. This can be difficult to prove when it comes to a stroke. The victim must essentially prove that their stroke occurred because of their working conditions or job duties. For example, a stroke victim may need to prove that their stroke occurred due to overexertion or continuous high stress in their workplace.
The California Division of Workers’ Compensation (DWC) is responsible for investigating all workers’ compensation claims and awarding benefits to qualified claimants. Your Los Angeles workplace stroke injury attorney can assist you in filing your workers’ compensation claim and gathering the necessary medical evidence to support and advocate for your claim and ensure that you receive the maximum compensation you deserve.
You will need to visit a workers’ compensation physician for a medical examination once your condition stabilizes. Your employers’ workers’ compensation insurance carrier will provide you with a list of local doctors you can visit for your disability rating. This rating defines the full scope of your disability and determines how much you can secure in benefits and for how long. A successful workers’ compensation claim can provide coverage for the claimant’s medical expenses and weekly benefits for the time they must spend in recovery.
Most workers’ compensation claimants will receive medical expense coverage and temporary disability benefits until they can return to work. On average, claimants receive about two-thirds of their average weekly benefits until they can resume their job duties. However, in the event they cannot return to the same job and can only perform lower-paying job duties, the DWC may award them partial disability benefits that essentially make up the difference in pay. In addition, if a workplace-related stroke causes permanent impairment that prevents the victim from working at all, the injured worker may be awarded permanent disability benefits for the rest of the claimant’s life.
An experienced Los Angeles workplace stroke injury lawyer is an invaluable asset when you’re facing a complicated workers’ compensation claim. You can rest and focus on recovery while your legal team handles interactions with the DWC on your behalf and helps you explore any other available channels of compensation. Ultimately, you are more likely to succeed with a workers’ compensation claim when you have proper legal representation and are also more likely to maximize your overall recovery.
The Canlas Law Group understands the stress and uncertainty that a workplace-related stroke can cause for victims and families. Our team has years of experience representing Los Angeles, CA, clients in a wide range of workers’ compensation cases, and we can apply this experience to your case. If you are ready to discuss your legal options with a compassionate Los Angeles workplace stroke injury attorney, contact the Canlas Law Group today and schedule your consultation with our team.