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    <title type="text">Overholt &amp; Cremeans, APC</title>
    <subtitle type="text">Overholt &#38; Cremeans, APC</subtitle>

    <updated>2026-05-13T13:43:41Z</updated>

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        <entry>
            <author>
									                    <name>On Behalf of Overholt &amp; Cremeans, APC</name>
				            </author>
            <title type="html"><![CDATA[Who chooses the doctor in California workers&#8217; comp cases?]]></title>
            <link rel="alternate" type="text/html" href="https://www.overholtcremeans.com/blog/2026/05/who-chooses-the-doctor-in-california-workers-comp-cases/" />
            <id>https://www.overholtcremeans.com/?p=256274</id>
            <updated>2026-05-13T13:43:41Z</updated>
            <published>2026-05-13T13:43:41Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Filing a workers’ compensation claim can be overwhelming, especially at the start of the process when you’re about to get medical help. The doctor who will treat you can have a significant impact on your recovery and the financial benefits you may receive. Because the physician’s reports serve as the primary evidence in your workers’ comp case, it is crucial…]]></summary>
			                <content type="html" xml:base="https://www.overholtcremeans.com/blog/2026/05/who-chooses-the-doctor-in-california-workers-comp-cases/"><![CDATA[Filing a workers’ compensation claim can be overwhelming, especially at the start of the process when you’re about to get medical help. The doctor who will treat you can have a significant impact on your recovery and the financial benefits you may receive.

Because the physician’s reports serve as the primary evidence <a href="https://www.overholtcremeans.com/workers-compensation/" data-wpel-link="internal">in your workers' comp case</a>, it is crucial to understand who can choose your doctor. Knowing your rights early on helps you avoid confusion and ensures you can be an active participant in your own care.
<h2>Your employer usually designates a doctor</h2>
By default, your employer and their insurance company usually control your medical care at the start of a claim. This initial control allows them to direct you to a doctor within their network to evaluate your injury. While this is the standard procedure for many workplace accidents, California law provides specific paths for workers to gain more influence over their own medical treatment.
<h2>When can you choose your own doctor?</h2>
While the insurance company often makes the first choice, there are legal exceptions that allow you to pick a doctor you already know and trust. Here’s what you need to know:
<ul>
 	<li><strong>Predesignated personal physician:</strong> You can see your own doctor from day one if you "predesignated" them in writing before your injury occurred. To qualify, you must have group health insurance, and your doctor must have treated you in the past. Most importantly, they must have agreed to handle work-related injuries before the accident happened.</li>
 	<li><strong>Lack of a Medical Provider Network (MPN):</strong> If your employer’s insurance does not use a certified MPN, you have more flexibility. You must see the employer's chosen doctor for the first 30 days, but after that, you may switch to a different provider who is willing to take workers’ comp patients.</li>
</ul>
Knowing how to use these exceptions ensures that you are not stuck with the insurance company’s choice of doctor for the entire duration of your claim. Exploring these options allows you to take an active role in deciding who manages <a href="https://www.dir.ca.gov/dwc/medicalcare.htm" data-wpel-link="external" target="_blank" rel="noopener noreferrer">your medical treatment</a>.
<h2>Know your options after a workplace injury</h2>
Understanding the rules for medical care helps you stay in control of your health. Being proactive about your choice of physician ensures that your treatment aligns with your recovery goals.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Overholt &amp; Cremeans, APC</name>
				            </author>
            <title type="html"><![CDATA[Don’t let these defenses derail your workers’ compensation claim]]></title>
            <link rel="alternate" type="text/html" href="https://www.overholtcremeans.com/blog/2025/02/dont-let-these-defenses-derail-your-workers-compensation-claim/" />
            <id>https://www.overholtcremeans.com/?p=49016</id>
            <updated>2025-02-28T17:04:16Z</updated>
            <published>2025-02-28T17:04:16Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[If you’ve been injured in a workplace accident, then you might be counting on workers’ compensation benefits to help pay for your medical care and offset your lost wages. While you can advocate for the benefits that you need, there’s a good chance that you’ll be confronted with aggressive defenses that seek to limit or completely deny your access to…]]></summary>
			                <content type="html" xml:base="https://www.overholtcremeans.com/blog/2025/02/dont-let-these-defenses-derail-your-workers-compensation-claim/"><![CDATA[If you’ve been injured in a workplace accident, then you might be counting on workers’ compensation benefits to help pay for your medical care and offset your lost wages. While you can advocate for the benefits that you need, there’s a good chance that you’ll be confronted with aggressive defenses that seek to limit or completely deny your access to the resources that you need. That’s why it’s a good idea to think about these defenses and how you can get out ahead of them.
<h2>Be ready to counter these workers’ compensation defenses</h2>
There are several defenses that could be utilized in your case. This includes:
<ul>
 	<li>Arguing that your injuries were caused by “horseplay” meaning that you were messing around, roughhousing or otherwise engaged in activities that were outside the scope of your job when your injuries were suffered.</li>
 	<li>Claiming that you intentionally violated safety rules.</li>
 	<li>Presenting evidence that you were intoxicated at the time of the workplace accident in question.</li>
 	<li>Arguing that your medical condition is attributable to pre-existing conditions rather than the workplace accident.</li>
 	<li>Indicating that your accident injuries were suffered outside of work.</li>
 	<li>Claiming that you notified your employer or submitted your claim too late.</li>
 	<li>Questioning whether your injuries were self-inflicted.</li>
</ul>
Any one of these defenses, if successful, could bar you from recovering the <a href="https://www.dir.ca.gov/dwc/InjuredWorker.htm" data-wpel-link="external" target="_blank" rel="noopener noreferrer">workers’ compensation benefits</a> you deserve. So, be prepared to aggressively counter them with your own compelling evidence.

Although it can be stressful to think about confronting these workers’ compensation defenses, take comfort knowing that you can <a href="https://www.sandiegolawyerworkcomp.com/workers-compensation/" data-wpel-link="external" target="_blank" rel="noopener noreferrer">build an aggressive case</a> that protects your interests.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Overholt &amp; Cremeans, APC</name>
				            </author>
            <title type="html"><![CDATA[Don’t miss these important workers’ compensation deadlines]]></title>
            <link rel="alternate" type="text/html" href="https://www.overholtcremeans.com/blog/2025/02/dont-miss-these-important-workers-compensation-deadlines/" />
            <id>https://www.overholtcremeans.com/?p=49014</id>
            <updated>2025-02-14T20:32:12Z</updated>
            <published>2025-02-14T20:32:12Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[When you sustain work-related injury or illness and need to file a workers’ compensation claim there are two important deadlines that you cannot miss. Missing one or both these deadlines could mean you lose your right to claim workers’ compensation benefits. Notifying your employer California workers’ compensation law requires you to notify your employer about your injury or illness within…]]></summary>
			                <content type="html" xml:base="https://www.overholtcremeans.com/blog/2025/02/dont-miss-these-important-workers-compensation-deadlines/"><![CDATA[When you sustain work-related injury or illness and need to file a workers’ compensation claim there are two important deadlines that you cannot miss. Missing one or both these deadlines could mean you lose your right to claim workers’ compensation benefits.
<h2>Notifying your employer</h2>
<a href="https://www.sandiegolawyerworkcomp.com/workers-compensation/" data-wpel-link="external" target="_blank" rel="noopener noreferrer">California workers’ compensation law</a> requires you to notify your employer about your injury or illness within 30 days. You must provide your employer with formal notice even if they already know about the injury or illness. Even if your boss was physically present when the injury occurred, you must still give formal notice within 30 days.

This time limit can be different if your work-related injury or illness developed over time, such as a repetitive motion injury or back injury from sitting too much in a certain position. In this situation, the 30-day window starts running on the first day you miss work because of injury or illness.
<h2>Completing the claim form</h2>
The second important deadline is the deadline to <a href="https://www.dir.ca.gov/dwc/dwcform1.pdf" data-wpel-link="external" target="_blank" rel="noopener noreferrer">complete a workers’ compensation claim form</a> and provide it to your employer. You must do this within one year of the injury or illness.

Be prepared with your contact information and details about the situation that caused the injury or illness. You must provide a description of your injury or illness and the date and time it occurred.

Keep copies of the formal notification you provide to your employer and the claim form. It is also best to complete these two tasks as soon as you can rather than wait until the last minute. Unexpected delays could cause you to miss the deadline.
<h2>Exceptions to the deadlines</h2>
There are some exceptions to these deadlines. You could receive an extension if you were in a coma due to your injury, were in quarantine because of your illness or your medical treatment is so lengthy and complicated it prevents you from meeting deadlines.

Although you may be eligible for an extension in these circumstances, there are no guarantees. Take care of these steps promptly to avoid future issues with your claim.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Overholt &amp; Cremeans, APC</name>
				            </author>
            <title type="html"><![CDATA[Do you know how to file a workers’ compensation claim?]]></title>
            <link rel="alternate" type="text/html" href="https://www.overholtcremeans.com/blog/2025/01/do-you-know-how-to-file-a-workers-compensation-claim/" />
            <id>https://www.overholtcremeans.com/?p=49010</id>
            <updated>2025-01-24T19:34:11Z</updated>
            <published>2025-01-22T19:33:00Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Do you currently understand the steps you would need to take if you were injured at your job in California? Do not feel discouraged if you do not because many don’t. You should not feel obligated to have a deep understanding of this process since many employees do not foresee ever suffering a workplace injury or illness. Unfortunately, workers’ compensation…]]></summary>
			                <content type="html" xml:base="https://www.overholtcremeans.com/blog/2025/01/do-you-know-how-to-file-a-workers-compensation-claim/"><![CDATA[Do you currently understand the steps you would need to take if you were injured at your job in California? Do not feel discouraged if you do not because many don’t. You should not feel obligated to have a deep understanding of this process since many employees do not foresee ever suffering a workplace injury or illness. Unfortunately, <a href="https://www.sandiegolawyerworkcomp.com/workers-compensation/overview-of-the-work-comp-process/" data-wpel-link="external" target="_blank" rel="noopener noreferrer">workers’ compensation</a> is sought by numerous employees each year, making it imperative that you not only understand the process to file for these benefits but also comprehend the benefits and support available to you.
<h2>California workers’ compensation</h2>
At the Law Office of Eric M. Overholt, our legal team understands the complexities and frustrations a workers’ compensation can bring to the table. This is why our skilled and experience attorneys take the time to provide detailed and personalized one-on-one legal advice to our clients. This ensures our clients feel secure with the process, have their questions answered and provides them with a strategy to reach favorable results.
<h2>Filing a claim</h2>
No matter the type of industry you work in or the type of injury you suffer, the first step is always the same. The journey for workers’ comp begins with the injured employee reporting the injury to their employer. This should occur in a timely matter, and after an employer is informed, the employee will fill out a claim form to be sent to the employer’s insurance company. This begins the process for obtaining workers’ compensation.
<h2>Medical treatment</h2>
Obtaining medical treatment is an important part of the process. Often, the employer will have the employee seek treatment by a doctor that is on the list of providers in their insurance company’s network. At any point in the process, you could hire an attorney to assist you with your claim. If this is prior to obtaining medical treatment, your attorney can help you choose from this list, often indicating doctors they have a working relationship with.

The treatment phase can last anywhere from several weeks to several years, which can greatly impact the length of your case and the steps you will need to take. This is especially true if you do not agree with the treatment recommendations. As such, this could require second opinions or the need to file for an independent medical review.
<h2>Securing benefits</h2>
Whether you were denied workers’ compensation benefits, were not provided the benefits you are entitled to, do not agree with the outcome or seek to continue benefits that are set to end, it is important to understand the workers’ comp process and your rights as an injured employee. This can easily and quickly get confusing, making it imperative that you have a knowledgeable and skilled legal team on your side to ensure your rights and interests are protected every step of the process.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Overholt &amp; Cremeans, APC</name>
				            </author>
            <title type="html"><![CDATA[Three tips for easing the stress of a workplace injury]]></title>
            <link rel="alternate" type="text/html" href="https://www.overholtcremeans.com/blog/2025/01/three-tips-for-easing-the-stress-of-a-workplace-injury/" />
            <id>https://www.overholtcremeans.com/?p=49006</id>
            <updated>2025-01-10T00:29:17Z</updated>
            <published>2025-01-10T00:29:17Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Being injured on the job is no joke. It can rob you of your ability to work and earn a wage, and it can leave you holding the bag for extensive medical expenses. While the workers’ compensation system might help alleviate some of this stress, there are a lot of difficulties you’ll face along the claims process, many of which…]]></summary>
			                <content type="html" xml:base="https://www.overholtcremeans.com/blog/2025/01/three-tips-for-easing-the-stress-of-a-workplace-injury/"><![CDATA[Being injured on the job is no joke. It can rob you of your ability to work and earn a wage, and it can leave you holding the bag for extensive medical expenses. While the workers’ compensation system might help alleviate some of this stress, there are a lot of difficulties you’ll face along the claims process, many of which we’ve discussed on this blog. This week, we want to talk about how you can take care of yourself while your workers’ compensation claim plays out. After all, there’s a lot of emotional and psychological turmoil that can accompany your <a href="https://injuryfacts.nsc.org/work/work-overview/top-work-related-injury-causes/" data-wpel-link="external" target="_blank" rel="noopener noreferrer">workplace injury</a>.
<h2>Tips for coping with a workplace injury</h2>
After suffering a workplace injury, you’ll have pressure weighing down on you from all directions. As a result, you might be tempted to forego the challenges of the workers’ compensation system, or you might be willing to accept less than you deserve simply so that you can get the process over with as quickly as possible. Neither option is idea, though, which is why you should carefully think through how you can ease the stress associated with your case. Doing so is the only way that you’ll be able to slow down, critically think through the facts of your case and make the fully informed decisions that are right for you. That said, here are some tips that we hope will lighten the burden for you during the workers’ compensation claims process:
<ul>
 	<li><strong>Find a support group: </strong>Recovering from a workplace injury can feel isolating. You could find yourself thinking that no one understands what you’re going through, or that you’re being marginalized by your employer. These feelings can be tough to handle on your own, but you can find support from those who are going through or who have gone through a similar or even the exact situation that you’re facing. Talking to these individuals in a support group setting can help you see that there is light at the end of the tunnel and that you don’t have to be defined by your workplace injury.</li>
 	<li><strong>Learn about your medical condition:</strong> It’s easy to slip into feelings of hopelessness and despair after suffering an on-the-job injury. But by learning more about your medical condition, you’ll have a better idea of what it takes to reclaim your health and get back to your normal life and work. This will also allow you to ask better questions of your medical provider so that you can take more charge of your medical care.</li>
 	<li><strong>Find an outlet:</strong> As you recover from your injury, you might feel that you’re being defined by your condition. But you can reclaim your sense of identity and reduce your stress by finding outlets for your emotions and your expression. So, turn to the hobbies that you’re able to do, and seek out new interests that may give you a renewed sense of purpose.</li>
</ul>
<h2>Let a strong workers’ compensation claim serve as a building block to a powerful recovery</h2>
While there’s a lot you can do to ease the strain, stress and anxiety following your workplace injury, a workers’ compensation claim can also play a pivotal role. If you present a strong case and maximize your chances of recovering compensation, then you can alleviate your financial strain and the stress associated with your unpaid bills.

Of course, there are challenges that arise with <a href="https://www.sandiegolawyerworkcomp.com/workers-compensation/" data-wpel-link="external" target="_blank" rel="noopener noreferrer">workers’ compensation claims</a>, meaning you have to know how to navigate the law to your favor. If that’s something that you need assistance figuring out, then now is the time to figure out how to obtain answers to your questions and develop the strong legal strategy you need on your side.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Overholt &amp; Cremeans, APC</name>
				            </author>
            <title type="html"><![CDATA[How a pre-existing condition can affect a workers’ compensation case]]></title>
            <link rel="alternate" type="text/html" href="https://www.overholtcremeans.com/blog/2025/01/how-a-pre-existing-condition-can-affect-a-workers-compensation-case/" />
            <id>https://www.overholtcremeans.com/?p=49008</id>
            <updated>2025-01-10T01:07:09Z</updated>
            <published>2025-01-09T01:05:50Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Suffering a workplace injury can make it difficult to get by. After all, you’ll have medical expenses that need to be paid, and your inability to work will prevent you from generating necessary income. While the workers’ compensation system might provide you with some relief, the process can quickly become complicated if you have pre-existing conditions. And your employer’s insurance…]]></summary>
			                <content type="html" xml:base="https://www.overholtcremeans.com/blog/2025/01/how-a-pre-existing-condition-can-affect-a-workers-compensation-case/"><![CDATA[Suffering a workplace injury can make it difficult to get by. After all, you’ll have medical expenses that need to be paid, and your inability to work will prevent you from generating necessary income. While the <a href="https://www.sandiegolawyerworkcomp.com/workers-compensation/" data-wpel-link="external" target="_blank" rel="noopener noreferrer">workers’ compensation system</a> might provide you with some relief, the process can quickly become complicated if you have pre-existing conditions. And your employer’s insurance company will likely try to latch onto that fact to use it as a justification for claim denial.
<h2>How to approach a pre-existing condition in your workers’ compensation case</h2>
While it’s true that a pre-existing condition could lead to a workers’ compensation claim denial, that doesn’t necessarily have to be the case in your situation. If you can demonstrate that your job duties resulted in a worsening of your condition, then you still have a valid claim for benefits.

Of course, showing that your pre-existing condition has deteriorated due to your job duties will require extensive medical evidence. So, be sure to have open and honest conversations with your medical provider so that you can acquire their concrete opinion on the matter. Then, be ready for the issue to come up during your <a href="https://www.dir.ca.gov/dwc/InjuredWorker.htm" data-wpel-link="external" target="_blank" rel="noopener noreferrer">claim’s processing</a>, especially when you’re subjected to an independent medical examination.

Throughout your workers’ compensation claim, be clear on what your condition looked like previously, detail how it worsened over time in direct correlation to your job duties and explain how limiting your condition is now.
<h2>Fight to protect your right to workers’ compensation benefits</h2>
You deserve to be safe in the workplace and to be treated fairly when you’re hurt on the job. But employers and their insurance companies will sometimes do everything possible to try to avoid paying out workers’ compensation benefits. Don’t let them get away with that. Instead, diligently work to build an effective workers’ compensation case that aggressively protects your interests and increases your chances of acquiring the outcome that you want.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Overholt &amp; Cremeans, APC</name>
				            </author>
            <title type="html"><![CDATA[Don’t fall for these common workers’ compensation myths]]></title>
            <link rel="alternate" type="text/html" href="https://www.overholtcremeans.com/blog/2024/12/dont-fall-for-these-common-workers-compensation-myths/" />
            <id>https://www.overholtcremeans.com/?p=49001</id>
            <updated>2024-12-23T17:16:51Z</updated>
            <published>2024-12-23T17:16:51Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[An on-the-job injury can leave you in a difficult financial position. Once you’re knocked out of work and are unable to earn a wage, you might struggle to make ends meet and pay for needed medical care. A workers’ compensation claim might give you the relief that you want, but there are a lot of misconceptions and myths out there…]]></summary>
			                <content type="html" xml:base="https://www.overholtcremeans.com/blog/2024/12/dont-fall-for-these-common-workers-compensation-myths/"><![CDATA[An on-the-job injury can leave you in a difficult financial position. Once you’re knocked out of work and are unable to earn a wage, you might struggle to make ends meet and pay for needed medical care. A workers’ compensation claim might give you the relief that you want, but there are a lot of misconceptions and myths out there about the system and what it can do for you. So, let’s take a closer look at some of those myths so that you that you can navigate the process in a more informed fashion.
<h2>Common myths about the workers’ compensation system</h2>
There are a lot of misconceptions out there about the <a href="https://www.dir.ca.gov/dwc/InjuredWorker.htm" data-wpel-link="external" target="_blank" rel="noopener noreferrer">workers’ compensation system</a> that have sown uncertainty about the process. Here are some of the most common myths:
<ul>
 	<li>You can sue your employer for the harm that’s been caused to you, which is untrue if your employer is covered under workers’ compensation insurance unless they acted intentionally to cause you harm.</li>
 	<li>The insurance adjuster is on your side. Instead, they will look for any evidence they can use to deny your claim.</li>
 	<li>Workers’ compensation will only pay out if you were injured while performing your job duties. You might be able to secure benefits so long as your injury or illness was developed while at work.</li>
 	<li>Your employer will retaliate against you for filing a workers’ compensation claim. This is illegal.</li>
 	<li>Workers’ compensation benefits are only for those who are severely injured at work. So long as your injuries were suffered at work and result in medical expenses or lost wages, you should be covered.</li>
</ul>
<h2>Don’t miss out on an opportunity to secure the workers’ compensation benefits you deserve</h2>
You need financial support to get through your <a href="https://www.sandiegolawyerworkcomp.com/workers-compensation/" data-wpel-link="external" target="_blank" rel="noopener noreferrer">workplace injury</a> recovery. Now is the time to figure out the best way to secure that support. This may include pursuing workers’ compensation benefits, but you have to be careful yet aggressive when doing so. If you’d like to learn more about how to do that, then please continue to read through our website.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Overholt &amp; Cremeans, APC</name>
				            </author>
            <title type="html"><![CDATA[When can you appeal a workers’ compensation claim denial?]]></title>
            <link rel="alternate" type="text/html" href="https://www.overholtcremeans.com/blog/2024/12/when-can-you-appeal-a-workers-compensation-claim-denial/" />
            <id>https://www.overholtcremeans.com/?p=48998</id>
            <updated>2024-12-16T15:07:39Z</updated>
            <published>2024-12-10T15:06:42Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[After being injured on the job, you need compensation to obtain financial relief until you can get back to work. After all, given your loss of income and expensive medical bills, your savings can be quickly eaten away. But even if you think you’ve presented a strong case for benefits, your claim could be denied. Although this can be disheartening…]]></summary>
			                <content type="html" xml:base="https://www.overholtcremeans.com/blog/2024/12/when-can-you-appeal-a-workers-compensation-claim-denial/"><![CDATA[After being injured on the job, you need compensation to obtain financial relief until you can get back to work. After all, given your loss of income and expensive medical bills, your savings can be quickly eaten away. But even if you think you’ve presented a strong case for benefits, your claim could be denied. Although this can be disheartening to say the least, you shouldn’t give up on securing the <a href="https://www.sandiegolawyerworkcomp.com/workers-compensation/" data-wpel-link="external" target="_blank" rel="noopener noreferrer">workers’ compensation benefits</a> you need. After all, you might be able to appeal your claim denial, which gives you another chance to advocate for yourself.
<h2>When can a workers’ compensation claim be appealed?</h2>
Unfortunately, you can’t <a href="https://www.dir.ca.gov/wcab/wcab.htm" data-wpel-link="external" target="_blank" rel="noopener noreferrer">appeal a workers’ compensation claim</a> simply because you disagree with the denial. Instead, you’ll have to show that one of the following circumstances exist, thus warranting another look at your claim:
<ul>
 	<li>New evidence is discovered that wasn’t available at the time of filing your initial claim.</li>
 	<li>A legal error was made in the determination of your initial claim.</li>
 	<li>The initial claim denial was not supported by substantial evidence.</li>
 	<li>A procedural error occurred that could have had a negative outcome on your claim.</li>
</ul>
<h2>How to prepare for a workers’ compensation appeal</h2>
There’s a lot you can do to prepare for your workers’ compensation appeal. This includes:
<ul>
 	<li>Scrutinizing the justification for your claim denial.</li>
 	<li>Gathering additional medical evidence.</li>
 	<li>Reading up on the law to understand why your claim was wrongfully denied.</li>
 	<li>Submitting all paperwork in a timely fashion.</li>
</ul>
<h2>Fight to recover the workers’ compensation benefits you need and deserve</h2>
There’s a lot at stake when you’ve been injured at work and seek workers’ compensation benefits. If you want to maximize your chances of obtaining the financial support you need, then it’s best to learn as much as you can about your legal options and how to build a compelling and persuasive initial claim and, if that’s denied, a workers’ compensation appeal.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Overholt &amp; Cremeans, APC</name>
				            </author>
            <title type="html"><![CDATA[Work construction? Here&#8217;s 5 lesser-known job site injuries you should know about]]></title>
            <link rel="alternate" type="text/html" href="https://www.overholtcremeans.com/blog/2024/11/work-construction-heres-5-lesser-known-job-site-injuries-you-should-know-about/" />
            <id>https://www.overholtcremeans.com/?p=48996</id>
            <updated>2024-11-25T09:20:25Z</updated>
            <published>2024-11-25T09:20:25Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Construction sites are full of obvious dangers, but some risks aren’t as easy to spot. These hidden hazards can cause injuries that sneak up on you over time. Many workers don’t notice these problems until they’ve already caused serious damage. Knowing about these less obvious risks can help you stay safe and healthy on the job. Don’t underestimate these hidden…]]></summary>
			                <content type="html" xml:base="https://www.overholtcremeans.com/blog/2024/11/work-construction-heres-5-lesser-known-job-site-injuries-you-should-know-about/"><![CDATA[<span data-preserver-spaces="true">Construction sites are full of obvious dangers, but some risks </span><span data-preserver-spaces="true">aren't as easy</span><span data-preserver-spaces="true"> to spot.</span><span data-preserver-spaces="true"> These hidden hazards can cause injuries that sneak up on you over time. </span><span data-preserver-spaces="true">Many workers </span><span data-preserver-spaces="true">don't</span><span data-preserver-spaces="true"> notice these problems </span><span data-preserver-spaces="true">until</span> <span data-preserver-spaces="true">they've already</span><span data-preserver-spaces="true"> caused </span><span data-preserver-spaces="true">serious</span><span data-preserver-spaces="true"> damage.</span><span data-preserver-spaces="true"> Knowing </span><span data-preserver-spaces="true">about</span><span data-preserver-spaces="true"> these less </span><span data-preserver-spaces="true">obvious</span><span data-preserver-spaces="true"> risks can help you stay safe and healthy on the job.</span>
<h2>Don't underestimate these hidden dangers</h2>
<span data-preserver-spaces="true">You might be great at avoiding </span><span data-preserver-spaces="true">big</span><span data-preserver-spaces="true"> accidents, but </span><span data-preserver-spaces="true">smaller</span><span data-preserver-spaces="true"> risks can still hurt you. Watch out for these sneaky injuries:</span>
<ul>
 	<li><strong><span data-preserver-spaces="true">Vibration problems:</span></strong><span data-preserver-spaces="true"> Using power tools too much can </span><a class="editor-rtfLink" href="https://patient.info/bones-joints-muscles/hand-arm-vibration-syndrome-leaflet" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span data-preserver-spaces="true">make your hands tingle and feel weak</span></a><span data-preserver-spaces="true">.</span></li>
 	<li><strong><span data-preserver-spaces="true">Concrete burns:</span></strong><span data-preserver-spaces="true"> Wet concrete isn't just messy – it can </span><span data-preserver-spaces="true">actually</span><span data-preserver-spaces="true"> burn your skin badly.</span></li>
 	<li><strong><span data-preserver-spaces="true">Gradual hearing loss:</span></strong><span data-preserver-spaces="true"> Working around loud machines all day can damage your ears bit by bit.</span></li>
 	<li><strong><span data-preserver-spaces="true">Dangerous dust: </span></strong><span data-preserver-spaces="true">Breathing in tiny </span><span data-preserver-spaces="true">bits of</span><span data-preserver-spaces="true"> concrete or stone dust can hurt your lungs.</span></li>
 	<li><strong><span data-preserver-spaces="true">Body aches and pains:</span></strong><span data-preserver-spaces="true"> Awkward positions and doing the same motions over and over can cause lasting pain.</span></li>
</ul>
<span data-preserver-spaces="true">Knowing that these risks exist can help you take steps to protect yourself.</span>
<h2>Protecting yourself from hidden hazards</h2>
<span data-preserver-spaces="true">You</span><span data-preserver-spaces="true"> can lower your chances of sustaining a </span><span data-preserver-spaces="true">serious</span><span data-preserver-spaces="true"> injury </span><span data-preserver-spaces="true">by being proactive at work</span><span data-preserver-spaces="true">.</span><span data-preserver-spaces="true"> Try these tips:</span>
<ul>
 	<li><span data-preserver-spaces="true">Wear the right safety gear for every job</span></li>
 	<li><span data-preserver-spaces="true">Take breaks to give your body a rest from noise and vibrations</span></li>
 	<li><span data-preserver-spaces="true">Wash up carefully after working with concrete</span></li>
 	<li><span data-preserver-spaces="true">Ask for good airflow and ways to control dust</span></li>
 	<li><span data-preserver-spaces="true">Move your body in ways that don't put too much stress on your muscles and joints</span></li>
 	<li><span data-preserver-spaces="true">Find time to let your body recover</span></li>
</ul>
<span data-preserver-spaces="true">Your boss should </span><span data-preserver-spaces="true">make sure your workplace is safe</span><span data-preserver-spaces="true">.</span><span data-preserver-spaces="true"> Speak up if you see something that could be dangerous.</span>

<span data-preserver-spaces="true">Learning about these hidden risks helps keep you safe and healthy at work. If you start to feel strange or have pain that won't go away, see a doctor right away. </span><span data-preserver-spaces="true">You </span><span data-preserver-spaces="true">might</span><span data-preserver-spaces="true"> also </span><span data-preserver-spaces="true">want to</span><span data-preserver-spaces="true"> talk to a lawyer who knows about work injuries to learn what help you can get.</span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Overholt &amp; Cremeans, APC</name>
				            </author>
            <title type="html"><![CDATA[Do TBIs qualify for California workers&#8217; compensation?]]></title>
            <link rel="alternate" type="text/html" href="https://www.overholtcremeans.com/blog/2024/10/do-tbis-qualify-for-california-workers-compensation/" />
            <id>https://www.overholtcremeans.com/?p=48994</id>
            <updated>2024-10-28T21:51:13Z</updated>
            <published>2024-10-28T21:51:13Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[If you have suffered a traumatic brain injury while on the job, you likely wonder if you are eligible for workers’ compensation in California. The good news is that TBIs are covered under California’s workers’ compensation system, provided certain conditions are met. Understanding traumatic brain injuries TBIs are brain damage. TBIs can happen from falls, vehicle accidents, being struck by…]]></summary>
			                <content type="html" xml:base="https://www.overholtcremeans.com/blog/2024/10/do-tbis-qualify-for-california-workers-compensation/"><![CDATA[If you have suffered a traumatic brain injury while on the job, you likely wonder if you are eligible for workers’ compensation in California. The good news is that TBIs are covered under California's workers' compensation system, <a href="https://www.sandiegolawyerworkcomp.com/workers-compensation/common-workplace-injuries/brain-injuries/" data-wpel-link="external" target="_blank" rel="noopener noreferrer">provided certain conditions are met</a>.
<h2>Understanding traumatic brain injuries</h2>
TBIs are brain damage. TBIs can happen from falls, vehicle accidents, being struck by objects or other workplace incidents. TBIs can range from mild concussions to severe brain damage, potentially leading to long-term disabilities or even fatal outcomes.
<h2>Eligibility for workers’ compensation</h2>
In California, workers’ compensation covers injuries that occur in the course of employment, including TBIs. To qualify, the injury must be work-related, meaning it happened while you were performing your job duties. Whether you are on a construction site, in an office or driving a company vehicle, if the injury is connected to your work, you should be eligible for benefits.
<h2>Steps to take after a workplace TBI</h2>
Report the injury promptly by notifying your employer about the incident as soon as possible. The faster you file, the faster the claim can be processed. Plus, there are deadlines. Depending on the urgency of the injury this can be done before or after seeking medical attention.

<a href="https://www.dir.ca.gov/InjuredWorkerGuidebook/Chapter3.pdf" data-wpel-link="external" target="_blank" rel="noopener noreferrer">Get evaluated by a medical professional right away</a>. TBIs are most effectively treated when they are caught early and treated. Keep detailed records of the workplace accident, including your symptoms (like creating a symptom diary), medical treatments (medical records and you can add this information to your symptom diary) and any communications between you and anyone in your management chain.
<h2>Proving your claim</h2>
To receive workers’ compensation benefits for a TBI, you will need to provide evidence that the injury is work-related. Important documentation includes medical records, incident reports and photographs.

Medical records refer to any report from doctors that diagnose your TBI and link it to the workplace incident. Incident reports refer to any form filed with your employer about the accident, along with witness statements, if available. This could also include any police reports or other non-employer reports of the accident.

And, remember to stay consistent medical treatment. Regular follow-ups with healthcare providers show the seriousness of your injury.
<h2>Conclusion</h2>
Suffering a TBI at work is a serious matter, but California’s workers’ compensation system is designed to support you. By promptly reporting your injury, seeking immediate medical care and keeping detailed records, <a href="https://www.dir.ca.gov/dwc/InjuredWorker.htm" data-wpel-link="external" target="_blank" rel="noopener noreferrer">you can navigate the claims process more effectively</a>.]]></content>
						        </entry>
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