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How to Choose the Best Workers Compensation Attorney
Do you require the services of a workers' Workers compensation attorney Nashville but are unsure where to begin? You've come to the right place.
Finding a workers' Workers compensation attorney Nashville isn't difficult, but taking the first step can be difficult. Let's look at the characteristics of a bright, devoted lawyer and how to find the ideal counsel for YOUR workers' compensation case.
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Look for Recommendations, Reviews, and Testimonials Because many lawyers rely on referrals from friends and family, the best place to start your search is with family, friends, or coworkers.
Attorneys who do a good job handling matters have a lot of satisfied clients. State and local legal assistance departments, as well as bar associations, are excellent places to look.
Referrals are far more probable than contacting the first person that comes up in the phone book to yield skilled workers' compensation attorneys.
Research Attorneys Online Users can rate everything from ice cream parlors to travel agents—and that includes lawyers. Avvo, for example, is a nationwide lawyer directory that covers all professional areas. Using these resources is a good method to enhance personal referrals with additional information.
Of course, don't forget to check out the website of your potential attorney. A well-designed website with well-written, informative material demonstrates the firm's commitment to educating and reaching out to potential clients online.
Look for answers to the most common workers' compensation inquiries on their website, as well as testimonials from previous customers and thorough information about the lawyer's experience with workers' compensation cases.
Websites don't always reveal the whole story, but a well-designed site indicates that the company in issue is a trustworthy option.
Go with Your Gut Instinct During the Consultation The consultation is the most crucial step in this procedure. Even the best websites and glowing recommendations are useless if the lawyer does not feel right after meeting with you in person.
Choosing a workers' compensation lawyer should be approached as if it were a job interview. Your lawyer will ask you numerous questions during the meeting in order to gain a thorough understanding of your case—but you must also ask the lawyer dozens of questions! Here are a few questions to ask to see if they'd be a good fit to represent your case:
How many cases handled by the firm involve workers' compensation? You should ideally hire lawyers whose sole practice area is workers' compensation.
How long has the firm been practicing workers comp law?
Can the company give you any additional references? If you find them online, this is extremely helpful. ALL businesses ought to be able to offer references.
Will the lawyer you're dealing with personally handle the case, or will paralegals and assistants handle the bulk of the work?
If you call the lawyer’s office, will you be able to speak with your lawyer, or their assistant?
Can the lawyer easily and plainly describe the complete workers' compensation legal process to anyone?
Can the attorney identify the strong and weak points of your case?
Is the lawyer a member of any professional legal associations?
Although there are only a few of these, they should be sufficient to get you going. Being completely at ease is crucial in this situation. Excellent attorneys should be able to respond to all of your inquiries honestly and without using shady sales tactics.
Decision Time: Can the Attorney Get the Job Done? Do you feel confident after leaving the consultation? Confident in the lawyer's ability to do the task? To prevent making a rash decision, consult with numerous attorneys.
You should look for a lawyer who has the following traits: authority, kindness, responsiveness, and patience (and the rest of their office staff).
The workers compensation procedure might be drawn out. Finding a teammate who can carry you over the finish line is essential. To offer your case the best chance of success, find a team that respects you.
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bichlerlaw34 · 4 years
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Bichler & Longo, PLLC 1108 Ponce de Leon Blvd. Coral Gables, FL 33134 305-443-4527 https://bichlerlaw.com/index.html
Bichler & Longo, PLLC is the preeminent statewide law firm serving the needs of first responders in Coral Gables and Miami, FL. The types of work injuries and occupational diseases that affect first responders are unique to the nature and rigorous demands of their professions. We bring an unparalleled understanding to the interplay between the various benefits our clients are entitled to whether it be workers’ compensation, pension and or Social Security. At Bichler & Longo, we are passionate about protecting those that protect and serve.
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Bichler & Longo, PLLC is the preeminent statewide law firm serving the needs of first responders in Orlando, FL The types of work injuries and occupational diseases that affect first responders are unique to the nature and rigorous demands of their professions. We bring an unparalleled understanding to the interplay between the various benefits our clients are entitled to whether it be workers’ compensation, pension and or Social Security. At Bichler & Longo, we are passionate about protecting those that protect and serve.
Bichler & Longo, PLLC 37 N Orange Ave. Orlando, FL 32801 407-307-2731 https://www.bichlerlaw.com/locations-37-n-orange-ave-orlando-fl-32801.html
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Bichler & Longo, PLLC 601 N Ashley Dr #1100 Tampa, FL 33602 813-501-2247 https://www.bichlerlaw.com/locations-601-north-ashley-drive-suite-1100-tampa-fl-33602.html
Bichler & Longo, PLLC is the preeminent statewide law firm serving the needs of first responders in Tampa, FL. The types of work injuries and occupational diseases that affect first responders are unique to the nature and rigorous demands of their professions. We bring an unparalleled understanding to the interplay between the various benefits our clients are entitled to whether it be workers’ compensation, pension and or Social Security. At Bichler & Longo, we are passionate about protecting those that protect and serve.
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rhode island workers compensation insurance
rhode island workers compensation insurance
rhode island workers compensation insurance
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rhode island workers compensation insurance
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rhode island workers compensation insurance
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Delayed Workers’ Compensation Injury Claims_ Yes, it is possible but you need to know your rights. January 30, 2022 by Raj Patel Workers' Compensation
Delayed Worker Compensation is a prevalent problem in the workplace. The delay in filing for compensation can increase the severity of symptoms, and possibly make it more difficult to receive adequate compensation when appropriate. When a business sustains an injury or illness of a worker, the workers compensation insurance is meant to cover short-term disability and medical expenses. These benefits are often extended when the business cannot perform because of an incident. However, there are times when businesses face delays in providing workers compensation payments, which can be extremely troublesome for the employee.
Further, a delayed claim is not only detrimental to the employee it is, financially and ethically as detrimental for the employer. As the well being of the employee (at work) should be the main priority of the employer.
What to do in case of a Delayed Workers’ Compensation Claim?
We all know the pain of a delayed worker’s compensation claim. You get injured at work, and you can’t get back to work until you get the medical treatment that you need. In some cases, you may have to wait months before you get a response from your worker’s compensation insurer.
What do you do if your insurance company doesn’t respond to your claim request? Do you wait months for them to give you an answer? What do you do if they deny your claim? How long does it take for an insurance company to process a worker comp claim in California? However, the answers to these questions are not simple. Every step you take while filing your claim must be extremely guided hence, we would advise to consult our professional Delayed claims Attorney at RP Law Group from the get go. And if you haven’t consulted a Delayed Claims lawyer from the get go, you should know that you can still seek profession counsel and assistance after filing the claim.
Will my treatment be delayed due to the delay in the Claim Settlement?
The right to treatment for work-related injuries has never been stipulated, even if the worker does not file an application for compensatory benefits within the LHWCA deadline. Typically, the employer controls treatment for the first 30 days after the injury is reported, after which the employee can choose any doctor or treatment facility. However, if the employee notifies the employer in writing before the injury that they have a “personal physician” – a doctor or surgeon who has treated the employee before – the employee may receive treatment from that doctor from the date of the injury.
If you or your loved ones suffer from a Delayed Workers’ Compensation Claim or have a workplace injury, please contact RP Law Group at (951) 394-3640 for a free consultation.
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nanditachandra · 3 years
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How to find a good workers compensation attorney
How to find a good workers compensation attorney: A dentist wouldn't recommend you go for knee surgery. To ensure that your workers' comp matter is handled properly, make sure you retain a workers' compensation specialist. Workers' compensation is a separate body of laws with its judges. It would help if you had someone familiar both with the laws and the judges in your area. Many Workers' Comp law firms have established relationships with medical offices that accept Workers' Compensation. Your treatment can be significantly improved by having patients. If Workers' Compensation is not your primary practice area, you won't receive the same level of assistance.
An initial consultation is a great opportunity to assess the lawyer's professionalism and demeanor in dealing with clients. An excellent attorney will be able to answer your questions clearly and patiently. They will also listen to your concerns and address them. It's not a large price to pay if you need to meet with more than one attorney before how to find a good workers compensation attorney.
You should also pay attention to the behavior and attitudes of administrative assistants, paralegals and legal assistants within the office. They will likely be interfacing with you daily. You can leave if they treat you disrespectfully or dismissively or don't respond to your calls quickly.
Many work comp lawyers will conduct the initial consultation over the telephone. This is not necessarily a problem. Visits to the office can reveal important information for potential clients. The first is how much time the attorney will spend with potential clients. You should be able to tell if you are given five minutes or less. This will indicate the quality of your service. Workers comp lawyers can spend up to 45 minutes with each new client. The second is what type of law firm it is. It's unlikely that there will be twenty-five staff members, but only one or two lawyers. This makes it difficult for the lawyers to devote significant time to each case. Is the office clean and tidy? Do you see files and papers all over the office? Your private medical information will be included in your case document. They won't be kept in an open office for everyone who comes in.
Workers Comp is a very specialized area of law in California. Most civil lawyers are not very skilled in workers compensation. This would likely result in only marginal results. However, this does not mean that workers compensation should be the sole focus of a lawyer's practice. Many excellent work comp lawyers also practice employment, personal injury, and immigration law. Some do even criminal work. An attorney who practices less than 33% workers compensation law is something I would avoid. All attorneys will charge a 15% contingency. It might be worth it to hire one of the best workers compensation lawyers.
California has hundreds upon hundreds of skilled workers compensation lawyers. It is not a good idea to choose one of the few poor workers comp lawyers just because they were better than your first. Before you make a decision, please get to know the worker's compensation lawyer and their staff. This is best done during the initial consultation. Do not let them pressure or press you into signing up. Politely but clearly, tell them that you are still interviewing potential attorneys and that you won't decide until after you have met all of them. They will wait a few days if you have a strong case.
You can ask your friends and family to refer you to a lawyer specializing in Colorado workers' comp cases. However, remember that not all lawyers are equal. A lawyer specializing in criminal matters will not help with a Colorado workers' compensation case. Lawyers often refer business to each other, so if one lawyer knows another, they can likely help you.
An employee should contact an experienced worker's compensation attorney immediately after being injured on the job.
An injured worker can get a clear idea of the strengths, weaknesses and potential appeals for workers' compensation by meeting with an attorney. The lawyer will also share their experience and show an interest in the case. If you want to know it in details, please visit our site Online Attorney.
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bichlerlaw34 · 4 years
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Bichler & Longo, PLLC 1108 Ponce de Leon Blvd. Coral Gables, FL 33134 305-443-4527 https://bichlerlaw.com/index.html
workers comp lawyer, social security disability attorney, workers compensation lawyers, workers comp attorney, social security disability lawyers, workers compensation attorney, workers comp attorney near me, workers comp lawyer near me, workers compensation lawyers near me, workers comp lawyer for first responders
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derekj2783 · 3 years
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Flat Fee Or Hourly Rate? Pros And Cons For An Attorney Fee
Are you in need of a lawyer? This article has the advice you need to find the best lawyer. Keep reading this or if you want to find out more about lawyers, check this link: https://uitvaartverzekering-vergelijken.org/.
You really do not want to pick the first lawyer you come across. Your research needs to be done well, because you'll have to pay dearly if you don't do it. You should ask people you know if they can recommend a good lawyer.
When hiring a lawyer, you should ensure you are able to easily reach them when you need them. A common complaint among people is that their lawyer is hard to reach. You might pull out your hair if you have to wait too long.
Did you know that your lawyer must keep all information you share confidential? That means they cannot share the information with anyone without your permission.
You'll have to agree with your lawyer on a good meeting time. There are attorneys who do not regularly contact their clients. You can avoid this sort of situation by setting up a schedule at the outset.
Do not choose a lawyer if you are feeling unsure about them. This means you must be comfortable with how they arrange their fees as well. If they ask for a blank check to pay retainer fees, refuse. Request an initial estimate as a means to help control costs before they escalate throughout the course of your matter.
Each time you meet with a lawyer, make a log. Take note of the day, time, fees paid and anything else that was discussed. This can help with understanding issues later, such as high fees.
Find out as much as you you can about a lawyer's reputation when you are making a selection. The Internet will help you do this, as will the bar association near you. This can save you a ton of time, aggravation and money later on.
Prior to agreeing to work with an attorney, you should ask the lawyer to disclose all fees upfront. It is a good idea to sign an agreement on fess, especially if the lawyer is working below his or her standard rate. This helps you to know what sort of budget to have in mind. Also, it keeps you better organized.
When seeking an attorney, you can visit this: https://testamentopstellen.eu/ and make sure they practice the kind of law that pertains to your case. There are so many different specialties out there. You can save time by figuring this out right away.
Make sure that you feel comfortable in every way about the lawyer that you chose. A top lawyer has the right expertise and good people skills so that you feel completely at ease when you see him. If your lawyer doesn't do that, you need a new one.
How friendly are the staff at the firm? When you contact the office, observe how fast your message is returned, and see if the receptionist is friendly. If you are not treated professionally before you retain the lawyer, they will likely treat you even worse once the lawyer is working for you.
If a lawyer makes you any guarantee of outcome during your first interview, it is probably best to just walk away. All good lawyers know that there are no guarantees, as the ones who say that are simply trying to sell themselves. This is something to keep an eye on when you search for a lawyer.
Stay away from overconfident lawyers. Expect a good lawyer to be professional, attentive, and realistic. You have to find a lawyer who knows the ins and outs of the law. It is important that you make a wise choice.
Make sure you have done your own research before you start a claim for worker's compensation. Each state maintains different laws when dealing with the time you've got to file and what proof must be shown. These claims are different from other types of cases and should be treated as such. The standards to which you must adhere are quite different.
There are worker's compensation lawyers. Legally, a lawyer may be able to help a person get worker's compensation claims settled. This goes for family members as well. Worker's comp isn't just for the employee, but their family too. The lawyer will make sure no entitlements are overlooked and that the correct paperwork is filed.
Your court case may seem urgent to you, but your attorney might see it in a different way. It's likely he has a ton of more important work to do. Do not call your lawyer constantly but consider finding another lawyer who is less busy if you feel like your lawyer is not giving you the attention you need.
If your budget is less than impressive, you may qualify for free or reduced-cost legal aid. The people that work there can help you find someone that will work pro bono. These types of lawyers volunteer some time to assist the public. You should be able to find them in your White Pages.
As you search for lawyers, carefully consider each of your needs. Check their professionalism from the neatness of their office. Were they well dressed and well groomed? Do they respond to phone calls or emails right away? Do they keep their appointments or constantly reschedule?
Find out about your lawyer's rates and services before putting any money down. A retainer is typically asked for when you are talking to a lawyer. This will not go towards sessions but will only guarantee you that the lawyer will go over your case.
Always ask your lawyer for proof. An attorney may claim strength in a certain field, but that might be false. Find out here: https://arbeidsrechtadvocaat.org, what the rates of success are, as well as what areas they were in. Never hire someone who deals with financial cases when you're getting into a criminal trial.
Since you are now more knowledgeable about choosing a lawyer, it will be much easier find the lawyer you need. Learn from the tips above to help you find the best lawyer for your case. You will be happy that you took the time to read this.
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stephenmccull · 3 years
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After a Deadly COVID Outbreak, Maryland County Takes Steps to Protect Health Workers
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This story also ran on The Associated Press. It can be republished for free.
A Maryland health department is taking new steps to protect its workers six months after a COVID-19 outbreak killed a veteran employee who was twice denied permission to work from home.
Chantee Mack, 44, died in May. More than 20 colleagues also caught the coronavirus, and some are suffering lasting problems.
Now, after a KHN and Associated Press story in July spurred an investigation, Prince George’s County officials say they have added an appeals process to their work-at-home policy and hired a consultant to identify “operational and management needs for improvement” in the department. Union officials say the county has also made personal protective equipment, such as masks and gloves, more available in recent months and put a greater emphasis on social distancing.
“We’re getting somewhere,” said Rhonda Wallace, leader of a local branch of the American Federation of State, County and Municipal Employees. “But we’re not there yet.”
In an email to KHN, health department spokesperson George Lettis said officials can’t release results of the county investigation because of personnel and medical information. But a county official’s letter to Wallace shares the inquiry’s main conclusions: that the health department tried to get PPE in early March and advised employees about social distancing and proper hygiene via a newsletter.
“It must not be overlooked that this was a rapidly evolving situation,” said the letter from Dr. George Askew, deputy chief administrative officer for health, human services and education. “Best efforts were made to keep the community and Health Department employees safe and informed during this unprecedented time.” The letter does not acknowledge any lapses made by the county.
Some employees argue the investigation didn’t delve into the circumstances around Mack’s death and say the county should publicly acknowledge its role in what happened. At a news conference in July, County Executive Angela Alsobrooks said Mack’s death “deserves an investigation” and the county would “spare no time or expense.”
Mack, who worked in the department’s sexually transmitted diseases program, was denied permission to work from home in March even though she had health problems that put her at high risk for COVID-19 complications.
At least three other employees whose requests to work from home were denied around that time also got sick. Revonda Watts, a nurse and program manager, said she was allowed to work from home for one day before being called back to the office. Some of these employees worked face-to-face with the public at least part of the time.
A union document obtained by KHN detailed a conference call by department managers in which Diane Young, an associate director, laid out criteria for working from home, such as being 65 or older or having small children. She said decisions would be made case by case.
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Meanwhile, protective masks, gowns and other safety equipment were in short supply nationally and at the health department, which distributed them only to certain workers. In early April, when Young asked Watts about PPE needs, Watts wrote in an email obtained by KHN: “N-95 masks are needed for all staff. We were given 1 mask to reuse. We have no face shields for the clinicians nor do we have gowns.”
Young responded that even though goggles were available, “face shields and gowns are in limited supply and will be used for those who are testing patients for COVID-19.”
Several employees described meetings and “morning huddles” in the office in March and April held without social distancing and during which few, if any, participants wore masks.
One employee after another got sick.
Watts, who is 58 and has asthma, developed bronchitis on top of COVID-19, then chest pain from spasms in her blood vessels. She spread the virus to her adult daughter.
Administrative aide Natania Bowen also spread the virus to her family, including her husband and 7-year-old daughter, who have since recovered. Bowen, a 47-year-old with asthma, experienced a bacterial lung infection along with COVID-19.
Receptionist Yolanda Potter, 53, had severe headaches for a month from her coronavirus infection. She developed a blood clot in her right leg and had to inject blood thinners into her stomach for 45 days to prevent it from breaking off and traveling to her lungs or brain. She and Carolyn Ferguson, an X-ray tech now on desk duty, suffer ongoing memory problems, while Bowen continues to have lung issues.
While Bowen now works from home, Watts, Potter and Ferguson are back at the office. As of mid-November, Lettis said, 141 health department employees were working fully on-site, 68 partly on-site and 196 at home.
Employees said they are pleased that social distancing is now the norm in the health department, that more places to sanitize hands exist and that PPE is easier to get. They’re also hopeful about the new policy on remote work.
The countywide rules include two levels of review for work-at-home requests: one by a supervisor and another by a higher-up boss who must give a reason if a worker’s request is denied. The employee can then ask the Office for Human Resource Management to review the denial.
Despite such measures, some employees still worry about contracting COVID-19 at work, especially as the state’s COVID dashboard puts the county’s cumulative caseload over 42,000.
Several employees are seeking long-term disability leave or talking to lawyers about getting workers’ compensation. Watts said she is awaiting a workers’ comp hearing and has asked again for permission to work from home as she deals with crushing fatigue and numbness in her legs and hands. Since returning to the office, she said, she has had to bring her own mask from home.
“I get frustrated with not being able to just bounce back,” she said. The health department officials “really let us down and didn’t do their due diligence to make sure the staff was protected.”
This story is a collaboration between The Associated Press and KHN.
Kaiser Health News (KHN) is a national health policy news service. It is an editorially independent program of the Henry J. Kaiser Family Foundation which is not affiliated with Kaiser Permanente.
USE OUR CONTENT
This story can be republished for free (details).
After a Deadly COVID Outbreak, Maryland County Takes Steps to Protect Health Workers published first on https://smartdrinkingweb.weebly.com/
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gordonwilliamsweb · 3 years
Text
After a Deadly COVID Outbreak, Maryland County Takes Steps to Protect Health Workers
Tumblr media
This story also ran on The Associated Press. It can be republished for free.
A Maryland health department is taking new steps to protect its workers six months after a COVID-19 outbreak killed a veteran employee who was twice denied permission to work from home.
Chantee Mack, 44, died in May. More than 20 colleagues also caught the coronavirus, and some are suffering lasting problems.
Now, after a KHN and Associated Press story in July spurred an investigation, Prince George’s County officials say they have added an appeals process to their work-at-home policy and hired a consultant to identify “operational and management needs for improvement” in the department. Union officials say the county has also made personal protective equipment, such as masks and gloves, more available in recent months and put a greater emphasis on social distancing.
“We’re getting somewhere,” said Rhonda Wallace, leader of a local branch of the American Federation of State, County and Municipal Employees. “But we’re not there yet.”
In an email to KHN, health department spokesperson George Lettis said officials can’t release results of the county investigation because of personnel and medical information. But a county official’s letter to Wallace shares the inquiry’s main conclusions: that the health department tried to get PPE in early March and advised employees about social distancing and proper hygiene via a newsletter.
“It must not be overlooked that this was a rapidly evolving situation,” said the letter from Dr. George Askew, deputy chief administrative officer for health, human services and education. “Best efforts were made to keep the community and Health Department employees safe and informed during this unprecedented time.” The letter does not acknowledge any lapses made by the county.
Some employees argue the investigation didn’t delve into the circumstances around Mack’s death and say the county should publicly acknowledge its role in what happened. At a news conference in July, County Executive Angela Alsobrooks said Mack’s death “deserves an investigation” and the county would “spare no time or expense.”
Mack, who worked in the department’s sexually transmitted diseases program, was denied permission to work from home in March even though she had health problems that put her at high risk for COVID-19 complications.
At least three other employees whose requests to work from home were denied around that time also got sick. Revonda Watts, a nurse and program manager, said she was allowed to work from home for one day before being called back to the office. Some of these employees worked face-to-face with the public at least part of the time.
A union document obtained by KHN detailed a conference call by department managers in which Diane Young, an associate director, laid out criteria for working from home, such as being 65 or older or having small children. She said decisions would be made case by case.
Tumblr media
Meanwhile, protective masks, gowns and other safety equipment were in short supply nationally and at the health department, which distributed them only to certain workers. In early April, when Young asked Watts about PPE needs, Watts wrote in an email obtained by KHN: “N-95 masks are needed for all staff. We were given 1 mask to reuse. We have no face shields for the clinicians nor do we have gowns.”
Young responded that even though goggles were available, “face shields and gowns are in limited supply and will be used for those who are testing patients for COVID-19.”
Several employees described meetings and “morning huddles” in the office in March and April held without social distancing and during which few, if any, participants wore masks.
One employee after another got sick.
Watts, who is 58 and has asthma, developed bronchitis on top of COVID-19, then chest pain from spasms in her blood vessels. She spread the virus to her adult daughter.
Administrative aide Natania Bowen also spread the virus to her family, including her husband and 7-year-old daughter, who have since recovered. Bowen, a 47-year-old with asthma, experienced a bacterial lung infection along with COVID-19.
Receptionist Yolanda Potter, 53, had severe headaches for a month from her coronavirus infection. She developed a blood clot in her right leg and had to inject blood thinners into her stomach for 45 days to prevent it from breaking off and traveling to her lungs or brain. She and Carolyn Ferguson, an X-ray tech now on desk duty, suffer ongoing memory problems, while Bowen continues to have lung issues.
While Bowen now works from home, Watts, Potter and Ferguson are back at the office. As of mid-November, Lettis said, 141 health department employees were working fully on-site, 68 partly on-site and 196 at home.
Employees said they are pleased that social distancing is now the norm in the health department, that more places to sanitize hands exist and that PPE is easier to get. They’re also hopeful about the new policy on remote work.
The countywide rules include two levels of review for work-at-home requests: one by a supervisor and another by a higher-up boss who must give a reason if a worker’s request is denied. The employee can then ask the Office for Human Resource Management to review the denial.
Despite such measures, some employees still worry about contracting COVID-19 at work, especially as the state’s COVID dashboard puts the county’s cumulative caseload over 42,000.
Several employees are seeking long-term disability leave or talking to lawyers about getting workers’ compensation. Watts said she is awaiting a workers’ comp hearing and has asked again for permission to work from home as she deals with crushing fatigue and numbness in her legs and hands. Since returning to the office, she said, she has had to bring her own mask from home.
“I get frustrated with not being able to just bounce back,” she said. The health department officials “really let us down and didn’t do their due diligence to make sure the staff was protected.”
This story is a collaboration between The Associated Press and KHN.
Kaiser Health News (KHN) is a national health policy news service. It is an editorially independent program of the Henry J. Kaiser Family Foundation which is not affiliated with Kaiser Permanente.
USE OUR CONTENT
This story can be republished for free (details).
After a Deadly COVID Outbreak, Maryland County Takes Steps to Protect Health Workers published first on https://nootropicspowdersupplier.tumblr.com/
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Five years after the Dec. 2, 2015, terrorist attack in San Bernardino, the survivors and the families of the 14 people killed are finally receiving some measure of justice as the court cases borne out of the investigation wind down.
Meanwhile, lawmakers and victim advocates continue to pursue new laws and regulations designed to make sure the next set of victims are properly taken care of.
Here is an update:
COURT CASES
• Enrique Marquez Jr. was sentenced to 20 years in federal prison on Oct. 23, 2020, after pleading guilty to conspiracy to provide material support to terrorists and making false statements on a federal firearms purchase form. Marquez, of Riverside, purchased and supplied the rifles and bomb-making materials to Syed Rizwan Farook that he and wife Tashfeen Malik used to wage their attack on the San Bernardino County Division of Environmental Health holiday party and training session at the Inland Regional Center. Prosecutors say they believe that Marquez did not have advance knowledge of the plot.
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For his role in an immigration-marriage fraud case discovered during the investigation of the San Bernardino mass shooting in 2015, Syed RaheelFarook, center arrives with his attorneys Allyson Rudolph, left and Ron Cordova at Federal courthouse for sentencing in Riverside on Monday, Nov. 9, 2020. (Photo by Terry Pierson, The Press-Enterprise/SCNG)
• Syed Raheel Farook was sentenced to three years’ probation on Nov. 9, 2020, after he pleaded guilty to one count of conspiracy for his role in the immigration fraud scheme that attempted to help his sister-in-law, Russian-born Mariya Chernykh, gain legal U.S. residency after she overstayed her visa. Chernykh married Marquez, and Farook, brother of Syed Rizwan Farook, conspired to help make it appear that Chernykh and Marquez lived together. In fact, they lived apart, and Marquez was paid $200 a month to go along with the charade. A conspiracy charge against Marquez was dropped in exchange for his guilty plea.
Related links
14 dead dozens injured in San Bernardino mass shooting; 2 suspects killed
Suspects in San Bernardino mass shooting as Syed Farook and Tashfeen Malik
How emergency responders are getting faster at disaster response
Law enforcement: Cooperation key in response to terrorist, mass shooting incidents like San Bernardino
Victims of mass shootings find comfort and support in each other
• Rafia Sultana Shareef, also known as Rafia Farook, the mother of Syed Rizwan and Syed Raheel Farook, is scheduled to be sentenced in federal court on Dec. 4, after pleading guilty to one count of destruction of evidence. Shareef, who lived with Rizwan Farook and his wife in a Redlands townhome, discovered a map after learning of the IRC attack and shredded it because she believed the map was related to the planning of the siege, prosecutors say. Investigators were able to reassemble the map. Shareef faces 18 months in prison, according to the plea deal.
• Tatiana Farook, the wife of Syed Raheel Farook, is scheduled to be sentenced in federal court on Dec. 14 after pleading guilty to one count of conspiracy to commit immigration fraud in the marriage scheme. She and her husband live in Corona.
• Mariya Chernykh is scheduled to be sentenced in federal court on March 29, 2021, after she pleaded guilty to conspiracy, perjury and two counts of making false statements. Her immigration status is pending.
Once these often-delayed sentencings are completed, the courts will resolve a fight over the proceeds of Syed Rizwan Farook’s $280,000 life insurance policy. His mother was designated as the primary beneficiary, but the federal government has attempted to seize the money because it believes it was the fruit of a crime.
LEGISLATION
In the aftermath of the attack, lawmakers proposed a raft of legislation to take assault weapons out of shooters’ hands, spur better reporting of suspected terrorist activity and reimburse first responders for their efforts. Few were successful, though one bill to strengthen the law against straw weapons purchasers such as Marquez passed.
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Sierra Clayborn
Gregory Clayborn, whose daughter Sierra was killed in the attack, attended many of the hearings for Marquez and the immigration fraud defendants, even though she was not a direct victim of their crimes. He proposed “Sierra’s Law,” which could have required individuals and social media platforms to report suspected terrorist activity and have agencies collaborate on post-attack reports that discuss how to prevent future attacks.
That legislation, which Clayborn said he hoped would be carried by Rep. Pete Aguilar, D-San Bernardino, did not come to fruition. But Aguilar is working on other related proposals, spokesman Parker Dorrough said.
The following bills were authored in the past few years but did not become law. Aguilar plans to reintroduce them when Congress reconvenes:
• The REPORT Act, which the House passed in 2017 but died in the Senate, required federal law enforcement officials to submit a report to Congress after an act of terrorism — about how it happened and how to prevent recurrences.
“The REPORT Act makes sure Congress has all the information we need to better prepare for and prevent tragedies like the attack in San Bernardino. This bill has passed the House once, and I intend to reintroduce it in the next Congress and working with members on both sides of the aisle and with the Biden Administration to see it signed into law,” Aguilar said.
• The PREVENT Act would require the Department of Homeland Security to provide experts in law enforcement, psychology and social work to state and local governments to help them limit the threats of domestic terror and homegrown violent extremism.
• The PROTECT Act would require Homeland Security to provide guidance to state and local agencies on how to prepare for mass shootings and increase the number of federal grants that can be used for such preparation.
WORKERS’ COMP CLAIMS
Geraldine Ly is a lawyer who represented nine survivors of the attack in their attempts to have treatment for mental and physical wounds paid for through state workers’ compensation claims. Almost all of them have since received a lump sum of money that they can use to obtain treatment on their own, Ly said.
But in the first couple of years after the attack, Ly said her clients sometimes suffered at the hands of the bureaucracy.
Related Articles
5 years after San Bernardino terrorist attack, photos tell the story
San Bernardino attack timeline: Minutes of terror, years of consequences
5 years since San Bernardino terrorist attack haven’t erased families’ pain
What ‘San Bernardino Strong’ means 5 years after San Bernardino terrorist attack
Brother of San Bernardino shooter gets 3 years of probation in immigration fraud scheme
When survivors’ doctors submitted requests for treatment authorization to county risk management for approval, a claims adjuster sent the requests to outside “utilization review” doctors who would approve some requests but also deny, delay or modify others.
“So you know what needs to be changed? The whole utilization review system,” Ly said. “That is code for delay. What needs to change is that a primary treating physician who is selected off the employer’s medical provider network should have leeway in how to treat an injured worker and get them back to working.”
However, no meaningful changes have been made to workers’ comp since the attack, Ly said.
-on November 28, 2020 at 10:58PM by Brian Rokos
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geraldbrodylaw · 3 years
Text
California Governor Signs New COVID-19 Workers’ Comp Laws
Earlier this spring, Gov. Gavin Newsom signed an executive order that made it easier for essential workers who contracted COVID-19 at work to qualify for workers’ compensation benefits. Under the executive order, employees sick with COVID-19 could stay home from work to reduce the spread of the virus while collecting medical and wage replacement benefits. An employer could rebut a COVID-19 workers’ compensation claim, but he or she had to prove that the worker did not contract the virus on the job.
This executive order expired on July 5, 2020, leaving many frontline employees concerned about how they would pay their medical bills and support their families if they contracted COVID-19 at work. While the threat of coronavirus is far from over, California essential workers no longer need to worry about their financial security if they test positive for COVID-19. 
Gov. Gavin Newsom recently signed a new workers’ compensation bill into law (Senate Bill 1159) that makes first responders and healthcare workers eligible for workers’ compensation benefits if they get infected while on the job. The bill is effective immediately and retroactive to July 6, 2020.
Essential workers protected under Senate Bill 1159 include:
Active firefighters
Fire and rescue service coordinators
Peace officers
Employees who provide direct patient care at healthcare facilities 
Employees who provide direct patient care for home health agencies
Other employees at healthcare facilities 
Providers of in-home supportive services outside of their own homes
Healthcare custodial employees in contact with COVID-19 patients
Authorized registered nurses
Emergency medical technicians
Paramedics
What about other non-frontline workers?
Gov. Gavin Newsom’s Executive Order N-62-20 provided protection to all California employees required to work at a jobsite outside of their homes between March 19, 2020 and July 5, 2020. Under the executive order, any worker who tested positive for COVID-19 within 14 days of working at their jobsite was presumed to have contracted the illness at work and was thus eligible for workers’ compensation benefits.
Under the new COVID-19 workers’ comp law, non-frontline workers are only offered the same level of protection if certain conditions are met:
The employee tests positive for COVID-19 within 14 days after working at his or her jobsite and at his or her employer’s direction.
The date the employee performed the work was on or after July 6, 2020.
The positive test occurred during an “outbreak” at the employee’s specific place of employment.
The definition of an outbreak, according to the new COVID-19 workers’ comp law, depends on the number of employees at a given place of employment. An outbreak would occur if, within 14 days, one of the following conditions is met: 
An employer with 5 to 100 employees reports at least four positive COVID-19 tests.
An employer with more than 100 employees reports at least four percent of employees as positive for COVID-19.
A specific place of employment is ordered to close due to a risk of infection with COVID 19.
Assembly Bill 685
Another new COVID-19 law to be aware of is Assembly Bill 685. This law requires employers to provide written notice to workers who may have been exposed to the virus and to contact local public health officials. Assembly Bill 685 includes both employees and subcontractors so that all workers can choose to stay home, get tested, and protect themselves and their families if they are exposed. This new law also allows state regulators to penalize employers if workplace violations are discovered over the next two years.
What if I contracted COVID-19 at work and these laws aren’t applicable to me?
The new COVID-19 workers’ comp laws were designed to protect essential workers from the financial consequences of contracting COVID-19 at work. But, make no mistake. They were also implemented to protect employers with a lower risk of infection from paying for non-work related COVID-19 cases. This leaves many California workers including grocery store employees, retail workers, restaurant servers, and other hardworking individuals in a vulnerable position.
If you do not qualify for the presumption under the new COVID-19 workers’ comp law and you contracted COVID-19 at work, you may still be able to receive workers’ compensation benefits. You will need to meet certain requirements and file the proper paperwork on time, though, so we strongly advise speaking with a workers’ compensation attorney who can guide you through the process.
At the Law Office of Gerald Brody & Associates, our workers’ comp lawyers are well versed on the new COVID-19 workers’ comp laws and know the exact requirements needed for a successful claim. Call us today at 619-528-9800 for a free, no-risk consultation.
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