How We Help With Your California Workers' Compensation Law Injury Claim

Workers Compensation Insurance Issue Legal Help

In the state of California, all businesses that have employees are legally required to provide specific types of insurance designed to cover things like medical benefits, wage replacement and more for injuries or illnesses that may have been sustained on the job. Use this resource to find out more about California workers compensation, what it is supposed to do and the important role that you have to play in the proceedings.

Check out this important article Napolin wrote about the 12 Top Ways Workers' Compensation Lawyers Help workplace injury victims. It is a comprehensive guide of general information about how workers' compensation lawyer services can help injured workers.

Work Injuries Are Common - You Are Not Alone

Every year 1000s of employees are seriously injured at work throughout California. When you're seriously injured at the workplace, you're protected by a particular branch of personal injury legislation called Workers' Compensation. When you have sustained a personal injury at work or even have serious pain because of repetitive labor or harmful direct exposure to harsh chemicals in your job, you need to be able to have medical care as well as time off work to heal from your current accidental injuries.

The fact is that, a tremendous amount of seriously injured employees have a problem getting benefits from their particular workplace as well as the insurance provider. Often the insurer will not inform the seriously injured employee of all of the many benefits to which the covered employee is actually eligible for. In other cases, the insurance provider may fully reject that the personal injury actually happened or fully deny to give the proper benefits due to the worker underneath the law.

Regardless of what issues you have to deal with, if you've been seriously injured at your workplace, you need to speak about your needs with a skilled California workers comp attorney like Napolin

Workers Compensation Attorney Fighting For Benefits

Workers Compensation Benefits

Napolin lawyers work hard to take care of their clients. Working tirelessly so that workplace injury victims receive the financial injury compensation as well as health-related benefits. Hiring Napolin Law along with filing a compensation claim, you'll have a professional workers compensation legal professional working for you.

Here Are Some Benefits We Fight For You To Receive:

• Temporary Disability Benefit Payments - Up to $1,539.71 per week (2022 rate)
• Medical Care To Cure or Relieve Your Injuries
• Mileage Reimbursement to and from medical appointments. The current mileage reimbursement form rate is $0.58.5 per mile. (2022 rate)
• Career Training Course to understand New Skillsets if you possibly can No Longer Perform the Exact same Job
• Permanent Disability benefits Monthly payments
• Long-term Medical Attention throughout Your Lifetime
• Lump-Sum Settlement Agreements With Structures

If you are interested in learning more about workers' compensation benefits, then you should read California Workers' Compensation Benefits Explained.

Obtain A Free Consultation To Learn If You Need Representation

When you contact Napolin Accident Injury Lawyer, you have the opportunity to discuss with Mr. Alexander D. Napolin free of charge concerning your injury case and claim situation. You are able to schedule a free initial consultation by using our contact page or by phoning 866-NAPOLIN. After your no cost meeting, you will understand more about what we can do for you and also whether you will need representation from our firm. There is absolutely nothing to lose by calling and everything to gain!

Simply call today and learn more about:

• The Facts and important questions you currently have relating to your claim.
• Discover your current highest payment cost.
• Ensure that you get assistance with what direction to go within a complex issue.
• Look into the insurance policy coverage of one's workplace.
• Perform research with regards to your accidental injury.
• Secure an individual's best compensation benefits and rights.

Hiring Napolin Workers' Compensation Injury Lawyers

Workers Comp Lawyer Hiring Time

In the event you decide to retain the services of a legal professional as well as submit a claim, you need to have powerful counsel which has a knowledgeable experience with workplace injuries and illnesses in California and surrounding areas. A free phone call with Mr. Napolin provides you with a much better idea of an individual's legal condition to be able to help to make educated and informed choices as to what you need to do.

15% Contingency Fee For Injured Workers

Virtually all workers compensation claims are taken on a contingency rate base, which means the lawyer cost is actually taken as a percentage of financial compensation recuperation. Napolin Law has effectively made it easier for 1000s of seriously injured employees understand the difficult California workers’ injury compensation procedures. Alexander D. Napolin looks forward to understanding your current legal condition as well as creating a strategy to allow you to get the proper rights plus benefits which you deserve.

How Our Personal Injury Lawyers Help Victims of Negligence

Personal Injury law basics

Have you been injured by the neglect of another through no fault of your own? If so, you will need an experienced personal injury lawyer to help you navigate the process and advocate for you in a court of law if necessary. You should contact our office immediately for advice before speaking to your insurance company or to the other driver’s insurance company about the details of the accident or the extent of your injuries.

Continue reading to learn how our law firm helps victims of personal injury. Need help knowing if you have a case or not under personal injury law? Then you need to get personal injury legal advice from an accident injury attorney like Napolin.

Defining California Personal Injury Law

Personal injury law covers a wide variety of situations where harm is caused to an individual through the wrongful conduct of another. It includes any situation where the actions of a person harm another person in a foreseeable manner. Some common types includes: Premises Liability (Slip & Fall); Negligence (Automobile Collision); Strict Liability (Dog Bite); Intentional Tort (Assault & Battery).

Personal injury law also covers the remedies available to the injury victim. The most common remedy is money damages awarded by a jury after a civil trial. The person who causes the harm is known as the "tortfeasor" and the person sustaining the harm is often referred to as the victim, plaintiff, or claimant.

Civil Personal Injury Versus Criminal Violation Distinguished

A personal injury lawsuit is brought by private lawyers in civil court. Criminal charges are charged by lawyers who work for the government. While both could be brought simultaneously for the same conduct, each is a distinct case with different procedures. A civil court case brought by a private lawyer seeks money damages for the victim's injuries. A criminal court case seeks incarceration and/or restitution against the defendant. Both cases focus on the conduct of the defendant, but the civil case seeks money damages for the victim instead of punishment for the perpetrator. You can hire a lawyer to bring a civil case even if the government is not pursuing criminal charges against the person who injured you.

A Note About Criminal Restitution Hearings

Criminal restitution hearings are quasi-civil in nature because the criminal court has the power to award money to the victim of a crime. The defendant, if found guilty, may be ordered by the criminal court to restore property or pay for medical bills of the personal injury victim. While the order may be called a "restitution" order, it is still technically a civil judgment against the defendant.

Damages Covered By California Personal Injury Law

Personal Injury Claims

Money damages can be awarded by a jury to cover a wide variety of injuries so long as they are the foreseeable consequence of the defendant's actions. These include emotional, physical, psychological and financial. Under personal injury law, the injury victim must prove that it is more likely than not that their version of events is true. And that those events violated the law, requiring the defendant to pay the plaintiff for the consequences of the defendant's actions. Money damages recovered may be related to medical expenses, long term health care, loss of employment, loss of earning capacity, lost wages, damaged or destroyed property. Furthermore, there’s also financial recovery with regard to non-economic injuries. For example, suffering, pain, psychological pain, inconvenience, diminished happiness of daily life, as well as stress and anxiety.

Personal Injury Plaintiff Burden of Proof

If you are hurt and bring a personal injury claim, then you are the claimant and/or plaintiff. The Plaintiff almost always has the burden of proof unless some other law shifts the burden. The burden of proof is the obligation to prove, by a preponderance of the evidence, that your version of events is more likely true than not. This is sometimes phrased as "50% plus a feather." The civil jury will only award money damages if they find that the plaintiff has met this burden of proof with regard to each element of their claim.

Our Firm Helps Personal Injury Victims Collect Money Damages

In order to prove your case in court and receive money damages, you need evidence. Having a lawyer early on in the fact gathering and investigation phase can be invaluable. Failing to properly collect evidence and document bodily harm can significantly devalue a claim.

There are different kinds of evidence that can be used to meet the burden of proof including but not limited to:

• Eyewitness testimony
• Photographs
• Video footage
• Physical evidence
• Expert testimony

Our firm can help you find the appropriate doctor to treat you for your injuries, usually on a lien basis so private health insurance is not even required. Second, our personal injury lawyers will investigate the facts and interview witnesses to help establish how the accident happened and who should be held responsible. Our law firm has the resources to hire investigators and accident reconstruction experts when necessary to properly develop your claim.

Hiring A Top Ranked California Personal Injury Lawyer

Insurance companies have teams of adjusters and lawyers whose job is to minimize the amount paid on every claim. Having an experienced personal injury lawyer level the playing field is important to achieving a fair settlement.

As reputable accident attorneys, we also help collect appropriate evidence including medical evidence to prepare for the settlement demand and possible litigation. In addition, Napolin provides you with advice from the insight that he has obtained from his experience working on other cases similar to yours.

Our California nursing home abuse lawyers seek justice for parents and loved ones.

Nursing home abuse and neglect is a serious problem in the United States. Elderly residents of nursing homes are often the victims of physical, emotional, and sexual abuse. They may also be neglected by staff members who do not provide them with the care they need. Unfortunately, many family members are unaware that their loved ones are being abused until it is too late. Don't make the mistake of overlooking abuse. Instead, read this blog article to learn about the different types of abuse.

If you have a loved one who has been abused or neglected in a nursing home, you may be able to file a lawsuit against the facility. Our California nursing home abuse lawyers can help you seek justice for your loved one. We will review your case and determine if you have a valid claim. If we believe you do, we will fight to get you the compensation you deserve.

Contact us today to schedule a free consultation. We will review your case and help you understand your legal options.

The Categories of Nursing Home Abuse

Our California Nursing Home Abuse Lawyers Can Help

The duty of nursing homes and elderly care facilities under the law is to ensure that their patients' physical, emotional, and psychosocial well-being are adequately protected. When caregivers get irritated, angry, or try to intimidate the victim, they may physically abuse persons residing at their facilities. Physically abused senior citizens have much higher rates of morbidity than those who do not face abuse. There are four main categories of nursing home abuse: physical, emotional, sexual, and financial.

Physical Abuse

Physical abuse is the most common type of nursing home abuse. It occurs when a staff member uses physical force to harm a resident. This can include hitting, slapping, pushing, or kicking. Physical abuse can also occur when a staff member restrains a resident using excessive force. Here are some common signs of physical abuse in nursing homes.

• Inadequate wound care - Evidence of self-treatment for wounds - If a resident is trying to hide wounds, it could be because they are afraid of the staff. Or the staff might not be providing adequate wound care.
• Injuries that are strange, unusual, or inexplicable - The nursing staff should be aware of any injuries and how they occurred. If something happens without explanation, it could be abuse.
• Bruising on the body in the shape of a hand - The torso is usually protected by clothing, so there isn't a lot of damage visible. However, you can still see bruising on the abdomen.
• Burn marks - These can be from cigarettes, scalding water, or chemicals.
• Fractured bones - Broken ribs are common in cases of physical abuse.
• Joint Dislocations - These can be caused by being pulled or grabbed too hard.
• Swelling - This can be from being hit with a fist or an object.
• Cuts, scrapes, and lacerations - These can be from being hit with an object or from restraints.
• Straps, for example, if they are not used correctly, can leave marks on the skin.
• A fractured connection between the resident and his or her caregiver

Emotional Abuse

Emotional abuse is any type of verbal or nonverbal behavior that causes mental anguish or distress. It can include yelling, name-calling, intimidation, and threats. Emotional abuse can also occur when a staff member ignores a resident or isolates him or her from other residents. Here are some common signs of emotional abuse in nursing homes.

• The resident is withdrawn or agitated
• The resident has changes in eating or sleeping habits
• The resident is unkempt or dirty
• The resident has bruises or other injuries that cannot be explained
• The resident exhibits sudden changes in behavior
• The resident is unusually fearful or anxious

Sexual Abuse

Sexual abuse is any type of sexual contact between a staff member and a resident. It can include rape, groping, or forced nudity. Sexual abuse can also occur when a staff member forces a resident to watch sexual acts or view pornographic material. Here are some common signs of sexual abuse in nursing homes.

• Bruises or bleeding in the genital area
• STDs
• Unexplained sexually transmitted diseases
• Torn, stained, or bloody underclothing
• Bloodstained sheets or bedding
• Sexualized behavior
• Sudden changes in behavior

Financial Abuse

Financial abuse occurs when a staff member steals from a resident or uses the resident's money without permission. This can include stealing cash, checks, or credit cards. Financial abuse can also occur when a staff member coerces a resident to sign over power of attorney or make changes to his or her will. Here are some common signs of financial abuse in nursing homes.

• Unexplained withdrawals from the resident's bank account
• Unexplained credit card charges or new lines of credit
• Unexplained changes to the resident's will or power of attorney
• Missing property such as jewelry, automobiles, or other personal possessions.

A Failure to Restrain During Transit

Physical restraints are sometimes required for an elderly person's own safety or the safety of others. Failures to restrain properly is one of the most common ways elderly residents in nursing homes get severely injured.

Restraints should be designed to limit motion to protect the dependent adult. This is common when being transported in a wheelchair and the use of a posey belt is required to stop the resident from slipping out. When residents are transported to treatments or elsewhere in non-emergency medical transport units, they should be adequately strapped and buckled in case of an automobile accident. Similarly, if a resident needs bed rails to not fall out of bed and they are not provided, it could be negligence and actionable elder abuse as well.

Physical Abuse With Restraints

However, some staff members use restraints excessively or without justification. This can be a form of abuse. Here are some common signs of restraint abuse in nursing homes.

• Bruises, scrapes, or cuts on the wrists or ankles
• Restraints that are too tight or are applied with too much force
• Restraints that are used for punishment or convenience, not for safety
• Signs of panic or fear when restraints are being applied

Improper Use of Medication

Medication is sometimes necessary to treat the medical conditions of nursing home residents. However, some staff members give medication for reasons other than treating a condition. This can be a form of abuse. Here are some common signs of medication abuse in nursing homes.

• Sudden changes in medication regimen
• Sudden changes in behavior or mood
• Drowsiness or confusion
• Unexplained falls or injuries

Medication Errors

The Categories of Nursing Home Abuse

If a nurse or unnamed personnel makes a mistake with medication, it may be deadly to an elderly person in a nursing home. Senior citizens frequently take a variety of medicines for various medical problems, and they must have precise kinds and dosages to remain healthy. Giving a senior the incorrect drug can cause adverse effects with the patient's other medications, or an allergic response.

How to Prevent Nursing Home Abuse

Bedsores are a common symptom of neglect and abuse since they develop when the individual is kept in one position for an extended period of time. They are frequently avoidable with adequate care. Denial of necessary medications, medical treatment, meals, water or other basic necessities is considered "willful deprivation." Improper confinement, such as isolating or confining an older person for no reason, can cause both physical and mental harm. There are some steps you can take to prevent nursing home abuse:

1. Choose a nursing home carefully. Make sure to visit several homes and compare them.

2. Be involved in your loved one's care. Check in often and pay attention to changes in his or her behavior.

3. Know the signs of abuse. These can include bruises, cuts, bedsores, sudden weight loss, and changes in mood or behavior.

4. Speak up if you see something suspicious. Don't be afraid to confront a staff member if you think he or she is abusing a resident.

5. Report any incidents of abuse. If you suspect that your loved one is being abused, contact the police or Adult Protective Services.

Our California Nursing Home Abuse Lawyers Can Help

In a nursing home assault case, you may be able to sue not only the perpetrator but also the facility if it played a part in your loved one For example, if a nursing home hired someone with a record of assault or violence on their staff. In most situations, you may file a claim against the nursing facility for negligent hiring practices since the facility should have known of the danger of abuse.

You may be perplexed as to what to do if your loved one has just been a victim of nursing home abuse. This is a scenario that few people anticipate, especially those who assume that someone who neglects or abuses the defenseless elderly would be imprisoned for a long time.

If your loved one has been the victim of nursing home abuse, you may be entitled to compensation. Our experienced nursing home abuse lawyers can help you hold the responsible parties accountable. We'll do a thorough investigation and gather proof to back up your claim. We will also negotiate with the insurance companies on your behalf and fight for the maximum compensation available.