Santa Ana Orthopedic Injury Lawyer

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Santa Ana Orthopedic Injury Lawyer

Santa Ana, California

Santa Ana Workers’ Compensation Attorney for Physical Labor: Orthopedic Injuries

The Occupational Safety and Health Administration (OSHA) reports that musculoskeletal injuries, also known as orthopedic injuries, are responsible for more than one-third of all missed days of work and account for more than a third of all workers’ compensation dollars awarded to injured workers throughout the United States. Suppose you recently suffered an orthopedic injury from a workplace accident or developed a musculoskeletal condition because of your job duties. In that case, you need to know how the California workers’ compensation system may assist you.

Legal Representation for Workers’ Compensation Claims for Orthopedic Injuries

The California workers’ compensation attorneys at Leviton, Diaz & Ginocchio Inc. have the resources and professional experience necessary to guide our clients through the most challenging workers’ compensation claims. Orthopedic injuries caused by physical labor often entail painful symptoms and typically require long-term medical treatment. In addition, some orthopedic injuries result in permanent medical complications that lead to adverse long-term effects. We can help you navigate your workers’ compensation claim with confidence.

How Do Orthopedic Injuries Happen?

The musculoskeletal system experiences constant stress and wear and tear, even in the bodies of people who do not have physically demanding jobs. This is because your muscles and bone structure support your entire body. When you engage in demanding physical labor, you can quickly develop micro-tears in your muscle and micro-fractures in your joints. Over time, these minor injuries heal, but if you repeatedly overwork your body with physical labor, these small injuries gradually evolve into much worse problems.

Physical labor is a common job duty in many statistically dangerous industries, such as construction. Some of the most commonly reported orthopedic injuries from physical labor in California include:

  • Back and spine injuries, including herniated and bulging discs and vertebral fractures. These injuries can occur from slips and falls, carrying heavy objects, or sudden strains. Back injuries are incredibly debilitating and often result in long-term symptoms.
  • Joint problems. Some of the most commonly reported repetitive motion injuries in the California workers’ compensation claim system include injuries to the shoulders, elbows, hips, and knees. This is because the joints of the body, when overworked, are highly susceptible to physical injury.
  • Crushing injuries. Dropping heavy objects on your foot or having a heavy object fall on top of you can easily cause severe acute orthopedic injuries to the bones and muscles. Most crushing injuries require immediate emergency medical treatment. While it may be possible to mitigate your risk of sustaining such injuries through the proper use of safety equipment, many of these orthopedic injuries are preventable when physical labor is appropriately conducted and supervised.
  • Sprains and strains. Muscles under repetitive stress can sprain or develop strains, both of which are likely to cause pain and limit range of motion during the healing process. Therefore, it’s vital for anyone who experiences a strain or sprain to carefully use the affected part of the body after recovery.
  • Joint dislocations. Many of the joints in the body, such as the shoulders and knees, are vulnerable to dislocation. This type of injury occurs when part of a joint slips out of the other connecting bones in the joint, such as when the humerus in the upper arm dislodges from the socket in the scapula bone of the shoulder. These injuries must be corrected by proper realignment and placement of the dislocated bone back into its socket, and dislocations often cause intense pain.

This is not an exhaustive list of all the possible orthopedic injuries an individual might sustain through physical labor.

Can I File a Workers’ Compensation Claim for an Orthopedic Injury?

Orthopedic injuries are some of the most straightforward injuries a person might sustain from physical labor at work. Still, despite the ease with which most of these injuries can be treated, they often entail long recovery times and difficult long-term symptoms. As a result, every employer in California is legally required to carry workers’ compensation insurance. Any employee who suffers an orthopedic injury while performing their job duties has the right to file a claim for workers’ compensation benefits.

The California Division of Workers’ Compensation (DWC) is the state agency responsible for processing and administering workers’ compensation claims. The DWC will review a claim and the claimant’s medical condition to determine their eligibility for benefits. For example, when you sustain an orthopedic injury at work, you must visit a doctor approved by your employer’s workers’ compensation insurance carrier. This doctor will perform a medical examination and assign you a disability rating based on the severity of your orthopedic injury and whether you are likely to experience long-term medical complications from it.
Your disability rating determines what type of benefits you are eligible to receive and how long you may receive them. Typically, the California DWC will limit disability benefits to 104 weeks, but this can be spread over five years. Weekly short-term disability benefits usually amount to roughly two-thirds of the claimant’s average weekly wage. Permanent benefits are possible for claimants who develop permanent disabilities from their workplace injuries that prevent them from working in the future.

What to Expect From Your Santa Ana, CA Orthopedic Injury Lawyer

The process of filing your workers’ compensation claim may sound straightforward, but in practice, the process is more complicated than many injured workers realize. It is especially difficult for an injured employee struggling with a painful orthopedic injury and inability to work. However, a California workers’ compensation lawyer can help their client complete all their necessary claim paperwork and gather the supporting documentation they may need to submit along with their claim.
An experienced California workers’ compensation attorney can also be an invaluable asset when an injured worker encounters issues with their claim for benefits. For example, some employers may illegally interfere with or delay their employees’ claims due to increasing concerns about their workers’ compensation insurance premiums. In addition, the DWC may cite procedural issues with a claim or deny a claim for seemingly unfair reasons. Ultimately, having an experienced California workers’ compensation lawyer on your side not only makes the entire claim process much easier to navigate but also ensures you have the legal support you need if you encounter issues like these after an orthopedic injury at work.

The attorneys at Leviton, Diaz & Ginocchio Inc. each have more than 20 years of experience handling complex workers’ compensation claims on behalf of our clients in the Santa Ana, CA, area and surrounding communities. We understand the pain and stress an orthopedic injury from physical labor can cause and the economic pressure a workplace injury can create for the victim and their family. If you require assistance with your workers’ compensation claim, we can help. Contact Leviton, Diaz & Ginocchio Inc. today to schedule a consultation with an experienced Santa Ana, California orthopedic injury attorney.

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