Berger & Michelena

Challenges of returning to work after a traumatic brain injury

2026-10-13T12:52:21Z

Suffering a traumatic brain injury at work means that the employee will need urgent medical care. In more severe cases, that care will continue long-term. The effects of the injury may also persist, which means the person may have to adjust their entire life. One area that often requires considerable adjustments is returning to work. While some people may not be able to return to work, others may need to have accommodations. This can be challenging.

What types of accommodations might be possible?

The accommodations a person can ask for if they’re returning to work after a traumatic brain injury vary based on their needs, abilities, and job duties. For example, an employee who’s sensitive to light may need a dim workspace. One who’s sensitive to sounds may need a quiet area or to wear hearing protection. Some workers may have cognitive challenges, which could result in them needing written instructions, longer task deadlines and clearly defined work duties. Communication challenges are common after a traumatic brain injury, so those workers may need accommodations, such as only using digital communication methods after their return to work. It’s important for employees to be honest and open about their needs when they return to work. Employers should be ready and willing to provide reasonable accommodations as these workers return. In the event an employee can’t return to their original job duties after a traumatic brain injury, they may qualify for vocational rehabilitation as a benefit of workers’ compensation. This provides them with the opportunity to learn new skills so they can begin working in a different position. Because the benefits of workers’ compensation vary according to the case’s specifics, it’s critical that all injured workers seek the assistance of someone who’s familiar with these cases.

Healthcare worker injuries and workers’ compensation

2026-09-28T15:47:51Z

Medical environments expose employees to physical strain, unpredictable behavior and fast‑paced conditions that lead to serious injuries. Workers' compensation provides medical care and wage replacement, but the process can be complex due to the nature of healthcare work. Knowing how claims function helps injured workers secure the benefits they are entitled to in California.

Common injury patterns in healthcare settings

Healthcare workers face unique risks because their duties often involve lifting, medical equipment and responding to emergencies. Any resulting injuries require prompt reporting and detailed documentation to support a workers' compensation claim. Frequent injuries include:

Overexertion from lifting or repositioning patients
Slip and fall injuries in crowded or wet areas
Needlestick and sharps injuries
Back, shoulder and neck trauma

These injuries often occur during routine tasks, so thorough documentation is essential to establish work‑related causation.

Reporting and medical documentation

California requires injured workers to notify their employer swiftly after an injury. Associated medical records must clearly describe the mechanism of injury, the resulting limitations and the recommended treatment plan. Accurate documentation helps prevent disputes and ensures care is authorized without unnecessary delay. They can:

Detail how the injury occurred
Provide objective findings from exams or diagnostic tests
Include specific work restrictions from the treating provider

Providing thorough documentation strengthens the claim and supports appropriate medical care.

Workplace violence and psychological injuries

Healthcare workers frequently encounter aggressive or unpredictable behavior that can cause physical or psychological harm. Workers' compensation may cover treatment and wage replacement when violence or psychological injuries arise. California recognizes psychological harm when supported by medical evidence and linked to workplace events. Comprehensive reporting of the incident and its effects is essential for establishing eligibility. Filing a successful workers' compensation claim may feel overwhelming after a serious workplace injury, but with the right support, you can get the injury benefits you deserve.

What should you do if you get a medical bill for a work injury?

2026-09-14T11:01:35Z

Getting a medical bill after a workplace injury can be confusing, especially if you already filed a workers’ compensation claim. The bill may have been sent to you instead of the party responsible for handling your work-related medical expenses. Before paying it, check your claim information and find out where the bill should go.

Make sure the provider has your claim information

Under California Labor Code Section 3751(b), a medical provider cannot collect payment directly from you for treatment of your work injury if you filed a workers’ compensation claim form and the provider knows the claim is pending. Give the doctor, hospital or clinic:

Your workers’ compensation claim number
The claims administrator’s contact information
Any other claim information the provider requests

This information helps the provider identify your workers’ compensation claim and send the bill to the correct claims administrator instead of billing you directly. You can also send a copy of the bill to the claims administrator and keep one for your records.

Keep records if the billing continues

If the provider keeps sending bills or collection notices, keep copies of the notices and any emails or letters you send. You can also note the dates of phone calls and who you spoke with. Workers’ compensation generally covers medical care needed to treat your work injury and reduce its effects. The claims administrator handles payment for covered treatment.

Know when direct billing may be allowed

The protection against direct billing is not unlimited. If the provider receives written notice that your employer rejected liability for the claim and gives you a copy of that notice, the provider may then seek payment from you.

When a medical bill signals a claim problem

A medical bill may point to more than an administrative error. In some cases, it can show that there is a dispute over whether your employer accepts responsibility for the injury or treatment. If you cannot determine why the provider is billing you, legal guidance can help clarify the problem. An attorney can review claim notices and billing records to determine what is causing the dispute and explain how California workers’ compensation rules apply.

Staying aware of the Focus Four

2026-09-13T01:28:16Z

The Focus Four are an important consideration for the Occupational Safety and Health Administration (OSHA), as they identify the four main ways workers in the construction industry suffer injuries. Often, these injuries are fatal or can lead to severe ramifications, such as spinal cord injuries or traumatic brain injuries. By understanding these risks, workers can take steps to stay safe and better understand the hazards they face on the job.

Fall accidents

To start with, the highest number of fatal accidents in construction come from falls. These can be falls from ladders, scaffolding or other elevated positions. They can also be falls down the stairs or slip-and-fall accidents on the same level.

Caught-in or caught-between accidents

Next, you have caught-in or caught-between accidents. These can happen when a worker is caught within a piece of machinery, such as a conveyor belt. They also happen when a worker is caught between two machines or two vehicles.

Struck-by accidents

One hazard workers face is when tools, materials or debris fall from above. A worker who is struck by these falling items could suffer serious head injuries, even when wearing a hardhat.

Electrocutions

Finally, there are many electrical hazards posed by heavy equipment and working around live power lines. Miscommunication issues sometimes lead to electrocutions when a worker may not realize that a line is still live. Have you been injured in one of the four ways listed above? If so, you must understand all of the legal options you have to seek appropriate workers’ comp benefits.

What does “maximum medical improvement” mean for you?

2026-08-31T19:34:29Z

You have been receiving treatment for a workplace injury, but your doctor now says you have reached maximum medical improvement (MMI). That can sound as if the doctor is saying you have recovered and your workers’ compensation claim is over – but that isn’t necessarily true. Maximum medical improvement, or MMI, does not mean you are cured or entirely better. It means your condition has stabilized and your doctor does not expect it to substantially improve in the future even with additional treatment. In California, you may also hear this described as being “permanent and stationary.”

MMI can change the benefits you receive

Once you reach MMI, your workers’ comp doctor will generally prepare a report reflecting your condition. This report should explain whether you have any lasting impairments or have permanent restrictions on the kind of work you can perform. Typically, this ends any temporary disability payments you may be receiving, although you may begin receiving permanent disability payments instead. If you do have permanent injuries, the doctor’s findings will also be used to calculate your permanent disability rating to determine how much those benefits will be. Factors such as your occupation, age and level of impairment can all affect the final rating and the compensation you may be due.

You may still need medical care

Reaching MMI does not automatically mean your medical treatment stops. You may continue to need medication, physical therapy, injections, medical equipment or occasional evaluations to manage your condition. If so, your treating physician’s report should indicate those expectations.

You may have ongoing occupational limitation

You may also have permanent work restrictions even after you reach your MMI. For example, your doctor might limit how much you can lift, how long you can stand or whether you can perform repetitive movements. Your employer may offer work that fits within those restrictions. If your employer cannot offer appropriate work, you may qualify for a supplemental job displacement benefit that can help pay for retraining or education. Ultimately, reaching MMI means that your workers’ comp claim is moving toward its conclusion. At this point, it is important to make sure that you agree with your treating doctor’s assessment of your condition, limitations and future medical needs. It’s also important to carefully consider all your available options before agreeing to any settlement. Legal guidance can help you determine your next move.

Workers’ comp: Stipulated awards vs. compromise and release

2026-08-16T00:25:05Z

When an injured Californian is ready to settle their workers’ compensation claim, they may be given two options: a “stipulated” award or a “compromise and release.” Both resolve the claim, but they have very different consequences. What’s the right choice? The answer to this question generally depends on your medical condition, financial need and future plans. Before you accept either settlement offer, you need to understand the pros and cons of each.

How does each award work?

With a stipulated award, you and the claims administrator must agree on the amount of permanent or temporary disability benefits you are still owed. Once that is established, the amount is paid at a weekly installment rate (usually distributed in biweekly checks or deposits) until fully paid. That can be a matter of a few months, if your condition is temporary or fairly minor, to many years, if your injuries are serious or disability is permanent. In addition, a stipulated award usually allows you the option of future medical care for your work-related injuries, so long as the treatments are reasonably necessary. This may be critically important if you expect to need ongoing doctor visits, therapy, surgery or other healthcare. However, you will generally still be subject to the same provider networks and other rules that govern other workers’ comp claims. In comparison, a compromise and release (C&R) closes the claim completely. Once you and the claims administrator agree upon a figure, which typically includes anticipated future medical care, the entire settlement amount will be paid in a lump sum. However, you then become responsible for your own medical needs, even if the cost of your care ultimately exceeds the amount included in the C&R. A stipulated award may be preferable when an injury is likely to require substantial ongoing care. A compromise and release may make more sense when the employee understands the likely future costs and values flexibility or a clean break from the workers’ compensation system. In general, it’s a decision that should be made in consultation with a skilled attorney.

Does workers’ comp cover an injury caused by a coworker?

2026-08-10T16:13:00Z

A workplace injury does not always happen because of a dangerous condition or something you did yourself. A coworker’s mistake could cause the accident. When another employee causes your injury, you may wonder if workers’ compensation still applies. Here are the key factors you should know.

Fault usually does not determine workers’ comp coverage

A coworker’s mistake or carelessness does not by itself stop you from getting workers’ compensation benefits. For example, a coworker might accidentally drop a heavy tool that hits you or make a mistake while using work equipment. Their error alone does not decide if you can get benefits. Instead, the key issue is the link between your injury and your work.

California workers’ comp follows a no-fault system

You usually do not have to prove that your employer or coworker acted carelessly before you can get benefits. California Labor Code Section 3600 says the injury must arise from your employment and happen during the course of your work. This rule lets the workers’ compensation system cover many job-related injuries without requiring you to prove who caused the accident.

The circumstances of the incident can affect coverage

While you generally do not have to prove your coworker’s negligence to get workers’ compensation, the reason for their actions can still affect whether your injury counts as work-related. Suppose a coworker hurts you on purpose because of an argument about a personal matter. That reason could affect whether workers’ compensation covers your injury. California decisions have found that a purely personal assault can break the link between the job and the injury.

Review the circumstances before deciding what applies

A coworker causing your injury does not by itself decide if you can get workers’ compensation benefits. What happened, why it happened and how it relates to your work can all affect the answer. Reviewing the incident with an attorney can help you understand how California’s rules apply to your case and whether you have a basis for seeking benefits.

Can you sue a general contractor after a construction injury?

2026-07-31T10:21:31Z

A construction site injury does not always mean that a workers’ compensation claim is the only option. California’s workers' compensation “exclusive remedy” rule generally prevents employees from suing their own employer for workplace injuries, subject to limited statutory exceptions. In some cases, a worker might have a legal claim against the general contractor if the injury occurred because the company failed to fix a safety hazard. Every construction injury is different, so the facts related to the accident are important. The legal process often depends on who was responsible for creating or failing to correct the hazard. The next step is to understand when another company may be responsible.

When a general contractor can be responsible

California construction projects often involve several contractors working on the same site. A general contractor is not automatically responsible when a subcontractor's employee gets hurt. However, a claim may be possible if the general contractor's own negligence contributed to the accident, such as by:

Creating or directing an unsafe work condition
Retaining control over safety conditions and negligently failing to exercise that control to prevent or correct a known hazard
Failing to warn workers about a concealed danger on the jobsite
Requiring work to continue despite unsafe conditions

These situations are different from ordinary workers' compensation claims. That distinction is important.

How the legal process works

An injured worker might still receive workers’ compensation benefits from their employer, while a separate claim can be filed against a general contractor. Workers’ compensation can help cover medical care and partial wage replacement regardless of fault. A claim against a general contractor needs evidence that the contractor’s own negligence caused the injury. California courts evaluate the specific facts before deciding whether the contractor may be held liable. Workers' compensation claims and third-party negligence claims are governed by different legal standards.

Why construction accidents can be more complex

Commercial and residential construction job sites include a mix of general contractors, subcontractors, suppliers and property owners working together. After a serious accident, determining who controlled the work, who was responsible for site safety and whether another party's negligence contributed to the accident can affect whether a worker can have a separate third-party claim. Knowing how these rules apply can help an injured construction worker better understand their options after a workplace injury.

Can part-time or temporary workers receive workers’ compensation?

2026-07-21T05:04:02Z

If you work part time or through a temporary staffing agency, you may wonder whether you qualify for workers' compensation benefits after a workplace injury. Many employees mistakenly believe that only full-time workers receive these benefits. In California, however, many part-time and temporary employees have the same right to pursue workers' compensation benefits as other eligible workers.

If you suffered a work-related injury in the Los Angeles area, understanding your rights can help you protect your health and financial stability.

Who qualifies for workers' compensation?

California's workers' compensation system generally covers employees who suffer injuries or occupational illnesses arising out of and during the course of their employment. Your work schedule or temporary status does not automatically prevent you from filing a claim.

Eligibility often depends on factors such as:

Whether you qualify as an employee under California law.
Whether your injury occurred while performing job-related duties.
Whether you reported the injury within the required time frame.
Whether your employer carries workers' compensation insurance as required.

Even if a staffing agency hired you, another company may supervise your day-to-day work. Determining which employer or insurance carrier is responsible can become more complicated in these situations.

What benefits may you receive?

If your claim is approved, workers' compensation benefits may help cover the financial impact of your injury while you recover.

Depending on your circumstances, you may qualify for:

Medical treatment related to your work injury.
Temporary disability benefits if your injury prevents you from working.
Permanent disability benefits, when applicable.
Supplemental job displacement benefits in certain cases.
Death benefits for eligible surviving family members if a workplace injury proves fatal.

The specific benefits available depend on the nature of your injury and your ability to return to work.

What should you do after a workplace injury?

Taking prompt action can help protect your claim and avoid unnecessary delays.

If you suffer a work-related injury:

Report the injury to your employer as soon as possible.
Seek appropriate medical treatment.
Complete any required claim forms promptly.
Keep records of your medical care, work restrictions, and communications with your employer or insurance company.
Consult a workers' compensation attorney if your claim is delayed or denied.

Good documentation can strengthen your claim and help resolve disputes more efficiently.

Protect your right to benefits

Part-time and temporary employees play an important role in California's workforce, and many have the same legal protections as full-time workers after a job-related injury. If questions arise about your eligibility or the benefits you deserve, you do not have to navigate the process alone.

An experienced Los Angeles workers' compensation attorney can evaluate your case, explain your rights, and help you pursue the benefits available under California law so you can focus on your recovery.

What if a co-worker causes a major workplace accident?

2026-07-18T20:36:03Z

Workplace accidents can occur due to factors outside of everyone's control. Inclement weather, machinery malfunctions and a host of other sudden and uncontrollable occurrences can lead to workers getting hurt on the job. Occasionally, someone in the workplace is responsible for a workplace incident. A co-worker might make a mistake when handling heavy equipment or leave a spill unattended to, leading to another person slipping and falling. If a workplace incident is clearly the result of a co-worker's mistake or negligence, what rights do injured employees have?

Employers are liable for worker errors

The legal doctrine of respondeat superior generally makes businesses responsible for the negligence and misconduct of their workers while they are on the clock, performing work tasks. The company has vicarious liability even when an employee is clearly the party at fault. However, injured workers typically cannot make direct compensation claims against their employers for on-the-job injuries. The no-fault protection provided by workers’ compensation fully indemnifies businesses from financial liability in cases where professionals get hurt on the job. When a coworker is to blame for an on-the-job accident, the injured employee may have the right to file a workers’ compensation claim. They can potentially receive benefits that help them pay for their medical care and that replace their lost wages. Workers’ compensation claims can easily become complicated, especially if workers don’t report workplace accidents out of fear of endangering someone else’s employment. Discussing job injuries with a workers' compensation attorney can help people understand the claims process and make sense of complex workplace liability rules.