Two-Year Caps on Workers Compensation

William J. Kropach

No matter what kind of job you have there is bound to be some risk. If you are on your feet all day then you run the risk of lower back pain. If you are lifting and using your upper body a lot, you are at risk for mid or upper back or shoulder pain. If you have a sitting job that requires you to type, you can still be susceptible to injuries in your arms or hands. We hear about back and shoulder injuries all the time, but we fail to recognize that they are a certain kind of injury. Orthopedic injuries are specific to the musculoskeletal system. If you are an orthopedic doctor then you are working bones, joints, muscles, tendons, and ligaments. Guess what is all over our bodies and helps us move around for our daily jobs? Bones, joints, muscles, tendons, and ligaments.

The worst thing for our bones, joints, muscles, tendons, and ligaments is repetitive movement. Our orthopedic injury attorneys at the Law Offices of Kropach & Kropach have seen clients with a range of pain. Some clients are dealing with isolated issues that only concern one area. They come to us because they want to ensure that the workers compensation claim will cover all that it needs to cover. Then we have some clients with more chronic and debilitating injuries. These injuries can lead to a more uncertain result. They could leave a client unable to complete their normal daily job.

Changing the legal scene

Unfortunately, the workforce and legal scene are changing and not for the better. California is a progressive state, but even they have laws and regulations that impact injured workers negatively. For example, Gary Fury worked for a windows factory where daily lifting was expected. While he was helping a colleague lift a window off the flower he popped his rotator cuff and ruptured his bicep. He filed a workers compensation claim. Both his personal doctor and the insurance doctor stated that he needed surgery. The insurance company made him wait.

He waited 6 months to get surgery, but it was too late. The doctors said he needed it as soon as possible. Because the insurance company made him wait, he is now unable to go back to work. Because there is a new two-year cap, workers compensation will not help pay for any more surgeries or lost wages. Fury now has to rely on food stamps and Medicaid. He is still in pain and in need of more help. Had the surgery been approved when both doctors ordered, Fury may be in a very different place. However, the insurance companies knew the cap and made Fury wait.

What to do

Don’t let insurance companies bully you around. Do not let your worker’s compensation file get more complicated than it needs. Our Orthopedic Injury Attorneys at the Law Offices of Kropach & Kropach are ready to fight for you because you deserve the coverage to heal and live your life. Call 818-600-4714 or click here to start a conversation with our workers compensation attorney at the Law Offices of Kropach & Kropach today.

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