Workers Comp Attorney| Franco Munoz https://francomunoz.com/ Best Workers Compensation Lawyers Wed, 22 Jul 2026 20:59:47 +0000 en-US hourly 1 https://wordpress.org/?v=7.0.2 https://francomunoz.com/wp-content/uploads/2024/05/favicon.png Workers Comp Attorney| Franco Munoz https://francomunoz.com/ 32 32 Can You Be Fired for Filing a Workers’ Compensation Claim in California? https://francomunoz.com/can-you-be-fired-for-filing-a-workers-compensation-claim-in-california/ Tue, 21 Jul 2026 23:05:50 +0000 https://francomunoz.com/?p=2168 By Steve Franco — Workers’ Compensation Attorney at Franco Muñoz Injury Lawyers California law protects employees from retaliation for reporting a workplace injury and exercising their workers’ compensation rights. If you have been injured at work, one of your biggest concerns may be whether reporting the injury could cost you your job. Many California employees […]

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By Steve Franco — Workers’ Compensation Attorney at Franco Muñoz Injury Lawyers

California law protects employees from retaliation for reporting a workplace injury
and exercising their workers’ compensation rights.

If you have been injured at work, one of your biggest concerns may be whether reporting the injury could cost you your job. Many California employees hesitate to report workplace injuries because they fear their employer will fire them, reduce their hours, or begin treating them differently.

Fortunately, California law provides important protections for injured workers.  This article explains whether an employer can legally fire you for filing a workers’  compensation claim, what may qualify as unlawful retaliation, and what to do if you believe your employer violated your rights.

The direct answer is no. An employer cannot legally fire you simply because you reported a workplace injury or filed a workers’ compensation claim.

What Activities Are Protected?

California law generally prohibits employers from retaliating against employees who exercise their rights under the workers’ compensation system.

Reporting an Injury
You have the right to tell your employer that you were injured at work.
Requesting Medical Care
You may request treatment for an injury that occurred in the course of your job.
Filing a Claim
You may file a workers’ compensation claim with the employer or insurance carrier.
Speaking With an Attorney
You may seek legal advice and representation concerning your workplace injury.

These protections allow injured employees to seek medical treatment and benefits without being punished for reporting what happened.

California Labor Code Section 132a

California Labor Code section 132a

Prohibits certain forms of discrimination against workers who file, intend to file, or receive an award in a workers’ compensation case.

Retaliation Can Involve More Than Termination

Workplace retaliation is not limited to being fired. An employer may take other actions intended to punish or discourage an employee from pursuing a claim.

Reduced Hours
Your schedule is suddenly reduced after reporting the injury.
Demotion or Pay Cut
You lose responsibilities, status, or compensation without a legitimate reason.
Unfair Discipline
You begin receiving warnings or criticism that did not occur before the claim.
Pressure to Resign
A supervisor pressures you to quit rather than continue pursuing benefits.
Changed Job Duties
You are assigned undesirable work or tasks that violate medical restrictions.
Harassment or Isolation
You are excluded, threatened, or treated differently because of the injury. A change in treatment after a workplace injury does not automatically prove retaliation.
However, it may become important evidence when considered together with the timing, communications, witness testimony, and other facts.
People reviewing employment and legal paperwork at a desk
Employers often provide a reason unrelated to the claim. The surrounding evidence may help determine whether that reason is legitimate.

What Happens If Your Employer Fires You Anyway?

Although the law protects injured employees, some employers may still terminate a worker
after a claim is filed.

Depending on the facts, the employee may have more than one legal claim, including:

  • An ongoing workers’ compensation claim
  • A possible claim under California Labor Code section 132a
  • A possible wrongful termination or employment retaliation claim

A workers’ compensation case and an employment law case are not necessarily the same.  Different laws, procedures, deadlines, and remedies may apply.

A workers’ compensation attorney can evaluate how the termination may affect your benefits. When appropriate, the attorney may also recommend speaking with an employment  law attorney about separate legal claims.

What If the Employer Gives a Different Reason?

Employers rarely admit that they fired someone because the employee reported a workplace injury. Instead, the employer may claim the decision was based on:

  • Poor performance
  • Attendance problems
  • A violation of company policy
  • A reduction in the workforce
  • Business restructuring

An employer may legally terminate an employee for a legitimate reason that is unrelated to the workplace injury. The important question is whether the stated reason is genuine or is being used to hide retaliation.

Evidence of Possible Retaliation
The timing of the termination may be important, especially when it is combined with reduced hours, unusual disciplinary notices, changed duties, hostile communications, ignored medical restrictions, or different treatment of other employees.

What Evidence Should You Save?

Documentation can be critical in a retaliation or wrongful termination case. Keep records showing how you were treated before and after reporting your injury.

  • Text messages and emails
  • Written warnings
  • Performance evaluations
  • Work schedules
  • Medical reports
  • Work restrictions
  • Insurance documents
  • Termination letters
  • Witness information
  • Notes about conversations

Keep these records somewhere you can access outside the workplace. Do not rely only on a company email account, internal system, or work-issued device that you may lose access to after a termination.

Do You Lose Your Workers’ Compensation Benefits If You Are Fired?

Being fired does not automatically end your workers’ compensation claim.

Your right to workers’ compensation benefits is generally based on whether you suffered a work-related injury, not on whether you continue working for the same employer.

Depending on your case, you may remain eligible for:
Medical Treatment
Temporary Disability
Permanent Disability
Job Displacement Voucher
Potential Settlement

A termination can affect certain issues in a workers’ compensation case, including return-to-work questions and eligibility for some benefits. An attorney should review the specific facts of your situation.

What Should You Do If You Suspect Retaliation?

Save All Documents and Communications

Do not delete emails, text messages, schedules, disciplinary notices, medical reports, or insurance documents.

Create a Written Timeline

Record when you reported the injury, requested treatment, noticed changes at work, and were disciplined or terminated.

Continue Your Medical Treatment

Attend your appointments and follow your doctor’s recommendations and medical work restrictions.

Be Careful Before Signing Documents

Review severance agreements, resignation forms, settlement papers, and releases carefully before signing.

Speak With an Experienced Attorney

Workers’ compensation and employment claims may involve strict deadlines. Early legal advice can help protect evidence and preserve your rights.

How Franco Muñoz Injury Lawyers Can Help

We represent employees who have suffered workplace injuries throughout California.

  • Review the circumstances surrounding the termination
  • Help preserve important evidence
  • Protect the workers’ compensation claim
  • Evaluate whether a section 132a claim may apply
  • Coordinate with employment counsel when appropriate

Frequently Asked Questions

Can my employer fire me while I am receiving workers’ compensation benefits?

An employer may terminate an employee for a legitimate and lawful reason unrelated to the injury. However, the employer cannot legally fire the employee because the employee filed a workers’ compensation claim or exercised protected rights.

Can I continue my workers’ compensation case after being fired?

Yes. A termination does not automatically close the case or eliminate the injured employee’s right to medical treatment, disability benefits, or a potential settlement.

How can I prove workers’ compensation retaliation?

Evidence may include the timing of the termination, emails, text messages, witness testimony, reduced hours, changed assignments, disciplinary records, and evidence that the employer’s stated reason may not be credible.

Is a wrongful termination claim separate from workers’ compensation?

It may be. A workers’ compensation claim concerns benefits related to the workplace injury. A wrongful termination or employment retaliation case may involve separate  laws, deadlines, and remedies.

Can my employer punish me for speaking with an attorney?

An employer should not retaliate against an employee because the employee consulted or hired an attorney to help exercise legal rights.

Speak With a California Workers’ Compensation Attorney

If you were injured at work and believe your employer fired you or retaliated against you for filing a workers’ compensation claim, contact Franco Muñoz Injury Lawyers for a free consultation.  You can call us at (667) 350-1072.

Related Articles

About the Author

Steve Franco is a co-founder and workers’ compensation attorney at Franco Muñoz Injury Lawyers. He represents injured employees and helps workers understand their rights under California workers’ compensation law. The firm provides services in English and Spanish and offers free consultations.

 

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]]> The Initial Physical Aggressor Defense https://francomunoz.com/the-initial-physical-aggressor-defense/ Wed, 01 Jul 2026 05:25:05 +0000 https://francomunoz.com/?p=1198 Workers’ compensation can be a complex subject, especially when it involves altercations in the workplace. At Franco Muñoz Law Firm, we are dedicated to representing injured workers and ensuring they understand their rights and the possible defenses in their cases, including initial physical aggressor defense in workers’ compensation. In this blog post, we will discuss […]

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]]> Workers’ compensation can be a complex subject, especially when it involves altercations in the workplace. At Franco Muñoz Law Firm, we are dedicated to representing injured workers and ensuring they understand their rights and the possible defenses in their cases, including initial physical aggressor defense in workers’ compensation. In this blog post, we will discuss the initial physical aggressor defense under Labor Code § 3600(a)(7).

What is the Initial Physical Aggressor Defense?

Labor Code § 3600(a)(7) establishes that a claim is not compensable when the injury arises “out of an altercation in which the injured employee is the initial physical aggressor.” This defense embodies the legislative intent to exclude from compensation those who introduce violence into the workplace, a crucial aspect of initial physical aggressor defense in workers’ compensation cases.

Defining Prohibited Behaviors

The behaviors barred under this statute were defined in the seminal case of Mathews v. WCAB (1972) 6 Cal. 3d 719. The Supreme Court explained that former LC 3600(g), now LC 3600(a)(7), applies when two conditions are present for initial physical aggressor defense in workers’ compensation to be considered:

  1. The injury must “arise out of an altercation.”
  2. The injured employee must be the “initial physical aggressor” in the altercation.

An injury arises out of an altercation if it results from an exchange between two or more persons in an atmosphere of animosity and a willingness to inflict bodily harm. This is different from “horseplay” or “skylarking,” which do not involve animosity, even though they can result in bodily harm.

Determining the Initial Physical Aggressor

The Supreme Court in Mathews clarified that battery is not necessary for one to be deemed the initial physical aggressor. Throwing the first punch does not necessarily make a person the initial physical aggressor. Instead, the initial physical aggressor is the person who first engages in physical conduct that places their opponent in reasonable fear of bodily harm. This could include clenching a fist or aiming a gun, not just physical actions like punching.

To determine who the initial physical aggressor is, it must be established:

  1. Whether a person engaged in a physical act.
  2. Whether that physical act placed the opponent in fear of reasonable bodily harm.

Case Study: Nosce v. United Building Contractors Inc.

In the case of Nosce v. United Building Contractors Inc., 2024 Cal. Wrk. Comp. P.D. LEXIS 53, the WCAB upheld a decision that the applicant’s injury was not barred by the initial physical aggressor defense under LC 3600(a)(7). This illustrates how complex initial physical aggressor defense in workers’ compensation cases can be. The applicant, a less experienced roofer, made a mistake and was ordered off the roof by a co-worker. The co-worker claimed the applicant breached his personal space, causing fear of bodily harm, while the applicant testified that the co-worker approached and punched him first.

The WCJ and the WCAB found the applicant more credible, partly based on their physical descriptions and an investigative report from the sheriff’s office. The applicant was shorter and heavier, described as “unfit,” while the co-worker was muscular and fit. The WCJ did not believe the co-worker was afraid of the applicant.

Burden of Proof

The burden of proof in altercation cases rests with the employer, who must show that the applicant first engaged in physical conduct that a reasonable person would perceive as a real, present threat of bodily harm. Employers denying a claim based on LC 3600(a)(7) must be prepared to present testimony, witnesses, or video evidence to establish that the applicant was the initial physical aggressor. Ultimately, it often comes down to the credibility of the witnesses and how strong the initial physical aggressor defense in workers’ compensation is in the specific situation.

Understanding the initial physical aggressor defense is crucial for both employers and employees in workers’ compensation cases. At Franco Muñoz Law Firm, we are here to guide you through these complexities and ensure your rights are protected. If you have been injured at work, contact us today for a free consultation.

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]]> Can You Go on Vacation While Receiving Workers’ Compensation Benefits? https://francomunoz.com/can-you-go-on-vacation-while-receiving-workers-compensation-benefits/ Tue, 23 Jun 2026 19:09:24 +0000 https://francomunoz.com/?p=2156 Can You Go on Vacation While Receiving Workers’ Compensation Benefits? By Steve Franco If you’re receiving workers’ compensation benefits after a workplace injury, you may wonder whether you can still take a vacation or travel to visit family. The good news is that in most cases, yes, you can travel while receiving workers’ compensation benefits. […]

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]]> Can You Go on Vacation While Receiving Workers’ Compensation Benefits?

By Steve Franco

If you’re receiving workers’ compensation benefits after a workplace injury, you may wonder whether you can still take a vacation or travel to visit family. The good news is that in most cases, yes, you can travel while receiving workers’ compensation benefits.

However, there are several important issues you need to understand before packing your bags. A vacation that seems harmless could potentially create problems for your claim if you’re not careful.

In this article, we’ll explain what injured workers should know before traveling and the mistakes that could jeopardize their workers’ compensation case.

Yes, You Can Travel While Receiving Workers’ Compensation

Many injured workers mistakenly believe they are not allowed to leave town while receiving benefits. California workers’ compensation laws generally do not prohibit travel or vacations.

That said, your workers’ compensation claim remains active while you’re away. Insurance companies, employers, and claims administrators may continue evaluating your case, and your actions during the trip could affect how your claim is viewed.

The key is to travel responsibly and ensure that your activities remain consistent with your medical condition and work restrictions.

1. Watch for Modified Duty Job Offers

One of the biggest mistakes injured workers make is failing to monitor communications from their employer while traveling.

Even if you are currently receiving temporary disability benefits, your employer may offer you a modified or light-duty position that complies with your medical restrictions.

If your employer sends a written job offer and you fail to respond because you’re on vacation, it could negatively impact your claim. In some situations, your temporary disability benefits may be suspended if suitable work was offered and you did not accept it.

Before traveling, make sure you:

  • Check your mail regularly.
  • Monitor your email.
  • Stay in contact with your attorney.
  • Make arrangements for someone to notify you about important correspondence.

For more information, visit our workers’ compensation page.

2. Follow Your Medical Restrictions at All Times

Your doctor’s restrictions apply whether you’re at work, at home, or on vacation.

For example:

  • If you’re restricted from lifting more than 10 pounds, avoid carrying heavy luggage.
  • If you’re restricted from prolonged standing, avoid activities requiring hours of walking.
  • If you’re prohibited from bending, twisting, or climbing, avoid activities that involve those movements.

Insurance companies may investigate workers’ compensation claims through surveillance, often referred to as sub rosa investigations. Surveillance evidence may be used to challenge an injured worker’s credibility if their activities appear inconsistent with their reported limitations.

Remember, it’s not just about what you do. It’s also about how your actions may appear if viewed by an insurance adjuster, defense attorney, judge, or medical evaluator.

3. Avoid Posting Vacation Photos on Social Media

This may be the most important advice in this article.

Social media posts can become evidence.

Many people assume their Facebook, Instagram, TikTok, or other social media accounts are private. Unfortunately, information can be shared, copied, screenshot, or accessed in ways you may not expect.

Insurance companies may attempt to use vacation photos to argue that an injured worker is less disabled than claimed.

A photo of you doing any of the following may be taken out of context and used against you:

  • Hiking
  • Swimming
  • Dancing
  • Carrying luggage
  • Participating in recreational activities

Even if the activity was medically appropriate, the image may create questions that you later have to explain.

The safest approach is simple: Do not post vacation photos or travel updates while your workers’ compensation case is pending.

4. Understand How Travel Can Affect Temporary Disability Benefits

Temporary disability benefits are designed to replace wages when an injured worker cannot perform their regular job due to a work-related injury.

Traveling itself does not automatically terminate these benefits. However, certain vacation activities may raise concerns about whether your physical condition is as limiting as previously reported.

Insurance carriers may question:

  • The physical demands of your trip.
  • Activities you participated in.
  • Whether those activities are consistent with your restrictions.
  • Whether your condition has improved.

This does not mean you must stay home and avoid enjoying life. It simply means you should exercise good judgment and remain consistent with your medical limitations.

5. Talk to Your Doctor Before Traveling

Before making travel plans, discuss the trip with your treating physician.

Your doctor can:

  • Confirm that travel is medically appropriate.
  • Identify any precautions you should take.
  • Provide documentation if necessary.
  • Explain whether the trip could affect your recovery.

This is especially important if:

  • You recently had surgery.
  • You are receiving ongoing treatment.
  • You have upcoming medical appointments.
  • You require physical therapy.
  • You have significant mobility restrictions.

Obtaining your doctor’s approval can help avoid misunderstandings later.

Additional Travel Tips for Injured Workers

  • Inform your attorney of your travel plans.
  • Ensure you won’t miss medical appointments.
  • Continue following all treatment recommendations.
  • Monitor communications from your employer and insurance company.
  • Follow all work restrictions.
  • Avoid activities that could worsen your injury.
  • Stay off social media until your claim is resolved.

Frequently Asked Questions

Can I leave California while receiving workers’ compensation?

Generally, yes. However, you should continue complying with your medical treatment plan and remain available for important communications regarding your claim.

Can workers’ compensation investigators follow me on vacation?

Insurance companies may conduct surveillance if they suspect fraud or believe additional investigation is warranted. Activities that appear inconsistent with your restrictions could potentially be used as evidence in your case.

Can I travel internationally while on workers’ compensation?

In many cases, yes. However, international travel may complicate medical treatment schedules and communications. Consult your attorney and physician before making plans.

Can I lose my benefits for taking a vacation?

Simply taking a vacation does not automatically disqualify you from benefits. Problems generally arise when an injured worker ignores medical restrictions, misses important communications, or engages in activities inconsistent with their claimed limitations.

Protect Your Workers’ Compensation Case While Traveling

Taking a vacation while receiving workers’ compensation benefits is usually allowed, but it requires careful planning.

Remember to:

  • Watch for modified-duty job offers.
  • Follow your medical restrictions.
  • Avoid posting on social media.
  • Understand how your activities may be perceived.
  • Consult your doctor before traveling.

By taking these precautions, you can enjoy your trip while protecting your workers’ compensation claim.

External Resources

Contact Franco Muñoz Law Firm

If you have questions about your workers’ compensation claim, our team is here to help.

Franco Muñoz Law Firm
Phone: (667) 350-1072

Schedule a free consultation today and learn how we can help protect your rights and maximize your benefits.

About the Author

Steve Franco is a partner of Franco Muñoz Law Firm and has helped thousands of injured workers throughout California recover workers’ compensation benefits. He regularly educates workers through community outreach, television appearances, and online videos focused on protecting injured employees’ rights.

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]]> How to Close Your Workers’ Compensation Case in 2026: A Guide to Making the Best Choice https://francomunoz.com/how-to-close-your-workers-compensation-case-in-2026-a-guide-to-making-the-best-choice/ Mon, 01 Jun 2026 23:18:42 +0000 https://francomunoz.com/?p=1639 By Steve Franco If you’re navigating the workers’ compensation system in 2026, you may wonder about the best way to close your case. For many people, settling through a Compromise and Release (C&R) is the preferred choice. However, that doesn’t mean it’s the right option for everyone. Let’s break down what a C&R entails and […]

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]]> By Steve Franco

If you’re navigating the workers’ compensation system in 2026, you may wonder about the best way to close your case. For many people, settling through a Compromise and Release (C&R) is the preferred choice. However, that doesn’t mean it’s the right option for everyone. Let’s break down what a C&R entails and explore why it’s often favored. At the same time, it’s important to emphasize that your ultimate decision should be based on your unique circumstances.

It visually represents the supportive relationship between an injured worker and a workers' compensation lawyer, capturing the essence of teamwork and assistance.

It visually represents the supportive relationship between an injured worker and a workers’ compensation lawyer, capturing the essence of teamwork and assistance.

What is a Compromise and Release (C&R)?

A Compromise and Release is a legal settlement in which you agree to resolve your workers’ compensation case in exchange for a lump-sum payment. This settlement typically includes compensation for future medical care. As a result, your claim and your employer’s or the insurance company’s liability for future benefits end.

By agreeing to a C&R, you take control of your financial and medical decisions moving forward. Instead of relying on your employer or insurer for ongoing care, you have the flexibility to manage your treatment and resources as you see fit.

Why Are C&R Settlements Preferred by Many?

For most injured workers, a C&R offers several advantages:

  • Freedom to Choose Providers: When you settle your case, you’re no longer restricted to workers’ compensation-approved doctors. You can select your own medical providers and treatment plans.
  • Financial Certainty: A lump-sum payment provides you with immediate access to funds, helping you plan for your recovery, pay off debts, or invest in your future.
  • Avoiding the Red Tape: Workers’ compensation cases can involve ongoing disputes, delays, and approvals for treatment. With a C&R, you avoid the bureaucracy and take control.

Many injured workers prefer the peace of mind and autonomy that comes with a C&R. However, it’s essential to understand that this settlement closes the door on future claims related to your injury, so it’s not a decision to be made lightly.

Other Ways to Close Your Workers’ Compensation Case

While a C&R is a popular option, it’s not the only way to resolve your case. Here are two other possibilities:

  1. Stipulations with Request for Award (Stipulated Award): In this option, you and the insurance company agree on the terms of your permanent disability benefits and future medical care. You’ll receive payments over time and retain the right to reopen your case if your condition worsens within five years.
  2. Trial and Award: If you and the insurer cannot agree, your case may proceed to trial, where a judge will issue a decision. This option can provide ongoing benefits but involves less control over the outcome.

What’s the Best Option for You?

The decision to settle your case through a C&R or pursue another resolution depends on several factors, including:

  • The nature and extent of your injury.
  • Your need for future medical care.
  • Your financial situation.
  • Your comfort with managing your own medical treatment.

Ultimately, there’s no one-size-fits-all solution. At Franco Muñoz, we believe in empowering our clients to make informed decisions that align with their goals and priorities. We’ll work with you to weigh the pros and cons of each option. Furthermore, we’ll help you secure the best possible outcome.

Get Expert Guidance Today

If you’re considering how to close your workers’ compensation case, don’t leave it to chance. At Franco Muñoz, we have years of experience helping injured workers navigate this process. We also help them achieve settlements that work for them. Contact us today at (667) 350-1072 or visit our website at www.francomunoz.com to schedule a free consultation.

About the Author: Steve Franco

Steve Franco is a seasoned workers’ compensation attorney and co-founder of Franco Muñoz Law Firm. With a track record of securing six-figure and million-dollar settlements for injured workers, Steve is passionate about fighting for the rights of his clients. He was awarded the Distinguished Leadership Award at the 2024 California Legal Awards for his exceptional achievements and dedication to justice.

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]]> How Much Money Can I Get for My Personal Injury Case in California? https://francomunoz.com/how-much-money-can-i-get-for-my-personal-injury-case-in-california/ Fri, 15 May 2026 16:43:06 +0000 https://francomunoz.com/?p=2145 How Much Money Can I Get for My Personal Injury Case in California? By Steve Franco If you have been injured in an accident, one of the first questions you may have is: “How much money can I get for my personal injury case?” The honest answer is: it depends. Every case is different. The […]

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]]> How Much Money Can I Get for My Personal Injury Case in California?

By Steve Franco

If you have been injured in an accident, one of the first questions you may have is: “How much money can I get for my personal injury case?”

The honest answer is: it depends. Every case is different. The value of a personal injury case depends on the seriousness of your injuries, the medical treatment you need, whether you missed work, who was at fault, and how the injury has affected your life.

How Is the Value of a Personal Injury Case Calculated?

There is no automatic number for a personal injury settlement. Insurance companies, attorneys, and courts look at several important factors when determining what a case may be worth.

1. The Severity of Your Injuries

The more serious your injuries are, the more valuable your case may be. A minor injury that heals quickly will usually be worth less than an injury that requires surgery, long-term treatment, or causes permanent problems.

Examples of serious injuries may include:

  • Broken bones
  • Back and neck injuries
  • Traumatic brain injuries
  • Shoulder, knee, or spine injuries
  • Permanent pain or disability

2. Medical Bills and Future Medical Care

Medical expenses are a major part of many personal injury cases. This can include emergency room visits, doctor appointments, physical therapy, injections, surgery, medication, and future medical care.

If your doctors believe you will need treatment in the future, that can increase the value of your case.

3. Lost Wages and Loss of Future Income

If your injury caused you to miss work, you may be able to recover lost wages. If your injury affects your ability to work in the future, your case may also include a claim for loss of earning capacity.

This is especially important if you can no longer do the same type of work you did before the accident.

4. Pain and Suffering

Personal injury cases are not only about medical bills. They are also about how the accident affected your life.

Pain and suffering may include:

  • Physical pain
  • Emotional distress
  • Anxiety
  • Loss of sleep
  • Loss of enjoyment of life
  • Difficulty doing daily activities

This part of the case can be very important, especially when the injury has a lasting impact on your life.

5. Who Was at Fault?

To recover money in a personal injury case, you generally must show that another person or company was responsible for causing your injuries.

In California, your compensation may be reduced if you were partially at fault. For example, if your case is worth $100,000 but you are found 20% at fault, your recovery may be reduced by 20%.

What Is a Realistic Personal Injury Settlement Amount?

What Is a Realistic Personal Injury Settlement Amount?

Every case is different, but personal injury settlements may generally fall into these ranges:

    • Minor injury cases: $5,000 to $25,000
    • Moderate injury cases: $25,000 to $100,000
    • Serious injury cases: $100,000 to millions of dollars

These are only general examples. A case involving surgery, permanent disability, significant lost wages, or strong evidence of fault may be worth much more.

How Can I Increase the Value of My Personal Injury Case?

There are several steps you can take to protect your case:

  • Get medical treatment immediately
  • Follow your doctor’s recommendations
  • Do not miss medical appointments
  • Take photos of your injuries and the accident scene
  • Keep records of missed work and expenses
  • Do not give a recorded statement to the insurance company without legal advice
  • Speak with an experienced personal injury lawyer

Insurance companies are not focused on paying you the most money possible. Their goal is often to reduce the amount they pay. Having an attorney can help protect you from low settlement offers.

Should I Accept the Insurance Company’s First Offer?

In many cases, the first offer is not the best offer. Insurance companies may try to settle quickly before you understand the full value of your case.

Before accepting any offer, you should know:

  • The full extent of your injuries
  • Whether you need future medical treatment
  • How much work you missed
  • Whether your injury will affect your future income
  • The true impact on your daily life

Once you settle your case, you usually cannot go back and ask for more money later.

Why Hiring a Personal Injury Lawyer Matters

An experienced personal injury lawyer can help gather evidence, deal with the insurance company, calculate damages, negotiate a settlement, and prepare the case for litigation if necessary.

At Franco Muñoz Law Firm, we represent injured people throughout California. We know how insurance companies evaluate claims, and we fight to maximize the value of our clients’ cases.

You can also read more about how to find the right car accident attorney and why it is important to work with an experienced car accident lawyer.

Call Franco Muñoz for a Free Consultation

If you were injured in an accident and want to know how much your case may be worth, contact Franco Muñoz Law Firm today.

We help injured people understand their rights and fight for the compensation they deserve.

Call Franco Muñoz Law Firm today at (667) 350-1072 for a free consultation.

About the Author

Steve Franco is a California attorney and co-founder of Franco Muñoz Law Firm. He represents injured workers and personal injury victims throughout California. Steve has helped clients obtain significant settlements, including six-figure and million-dollar results.

 

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]]> Leading with Vision: Steve Franco on Legal Innovation and Mentorship https://francomunoz.com/questions-answers-with-steve-franco/ Fri, 01 May 2026 07:16:06 +0000 https://francomunoz.com/?p=1330 BY ESTELA BARAJAS This article explores the importance of Leadership in Law and its impact on the legal profession. We sat with partner, Steve Franco, to ask him questions about his thoughts on the law, mentorship, and the law firm. What are some of your proudest recent achievements? Some of our proudest recent achievements include […]

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]]> BY ESTELA BARAJAS This article explores the importance of Leadership in Law and its impact on the legal profession.

We sat with partner, Steve Franco, to ask him questions about his thoughts on the law, mentorship, and the law firm.

Attorney Steve Franco

What are some of your proudest recent achievements?

Some of our proudest recent achievements include being recognized on the prestigious Inc. 5000 list of Fast-Growing Companies in America for two consecutive years. In 2023, we were notably ranked as the fourth fastest-growing law firm in California. Additionally, we are proud of our commitment to diversity. Over 90% of our team members are fluent in both spoken and written Spanish. This workforce composition reflects our dedication to serving a diverse client base effectively.

How would you describe your approach to leadership?

My approach to leadership in law emphasizes mentorship. I am committed to training the next generation of lawyers by giving them direct exposure to first impression issues. This allows them to handle complex situations while providing guidance and support. In addition, this hands-on approach ensures they learn effectively and gain confidence to take charge independently. I balance this with a philosophy of openness and transparency. I avoid “hiding the ball,” which fosters a learning environment that is both challenging and supportive. This method not only accelerates professional growth but also prepares our associates to deliver innovative solutions and strategies.

How are the business and profession of law changing, and how should lawyers adapt for the future?

The business and profession of law are evolving significantly, with an increased focus on promoting a healthy work environment conducive to mental well-being. The traditional model of isolated, high-pressure work is giving way to more inclusive and supportive workplace cultures. Today, it’s crucial to cultivate an environment where employees can be their authentic selves. This enhances collaboration, creativity, and overall institutional growth. By embracing this shift, lawyers can foster a more dynamic and innovative workplace. This approach not only increases job satisfaction but also positively impacts the firm’s bottom line. To adapt, lawyers must prioritize flexibility, embrace diversity, and promote open communication to thrive in the evolving legal landscape.

What is the best advice for someone considering a career in law, or someone already in the profession who is seeking to make a greater impact?

Embarking on a career in law requires a sustained commitment to excellence and personal growth. The legal field is both challenging and rewarding, presenting complex problems that necessitate innovative and effective solutions. From my own journey in law, as a first-generation college graduate, I have gleaned two insights. These insights are instrumental for anyone looking to thrive in this dynamic field.  

Consistency is crucial. The path to becoming a successful lawyer is paved with persistent effort and a disciplined approach to both your daily responsibilities and long-term goals. In fact, success in law often comes not from sporadic brilliance but from your regular, dependable performance over time.

Hard work. This profession demands a rigorous work ethic. Whether you’re drafting legal documents, preparing for court, or consulting with clients, the quality of your work directly impacts your effectiveness and reputation. Moreover, hard work also means being prepared to go the extra mile when necessary, not just to meet expectations but to exceed them.

 

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]]> How to Prove 100% Permanent Disability in California Workers’ Compensation Cases https://francomunoz.com/how-to-prove-100-permanent-disability-in-california-workers-compensation-cases/ Sat, 18 Apr 2026 13:01:45 +0000 https://francomunoz.com/?p=2065 By Steve FrancoThis article provides important information about 100% permanent disability workers compensation in California. In fact, understanding 100% permanent disability workers compensation California requirements is crucial if you have suffered a disabling work injury. If you’ve suffered a serious work injury, one of the most important questions is whether you qualify for 100% permanent […]

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]]> By Steve FrancoThis article provides important information about 100% permanent disability workers compensation in California. In fact, understanding 100% permanent disability workers compensation California requirements is crucial if you have suffered a disabling work injury.

If you’ve suffered a serious work injury, one of the most important questions is whether you qualify for 100% permanent disability. In California workers’ compensation cases, a 100% rating means you are considered totally disabled—and entitled to the highest level of compensation available under the law. Additionally, workers often have questions about the criteria for 100% permanent disability workers compensation California provides.

At Franco Muñoz Law Firm, we’ve helped many injured workers build strong cases to prove total disability. But this doesn’t happen automatically. You need strategy, strong evidence, and the right legal approach.

Below are the five key steps to proving 100% permanent disability in your case. Remember, if you are seeking 100% permanent disability workers compensation California legal advice, consulting an experienced attorney is wise.

1. Obtain Strong Medical Reports

Everything starts with the medical evidence.

To prove 100% disability, your doctor must clearly explain:

  • Your diagnosis
  • Your work restrictions
  • Your functional limitations
  • Why you cannot return to work

In California, medical reports must meet a high standard. They need to be detailed, well-reasoned, and based on objective findings. A weak report—even in a serious case—can significantly reduce the value of your claim. Ultimately, achieving 100% permanent disability workers compensation California status depends on strong, credible medical evidence.

For more insight, see our guide on how to determine the level of disability for a back injury in workers’ compensation cases.

2. Work With a Vocational Expert

Medical reports alone are often not enough to prove total disability.

A vocational expert evaluates whether you can realistically work in the open labor market. They consider:

  • Your physical limitations
  • Your education and skills
  • Whether retraining is feasible

If the expert concludes that you are not employable, this can be one of the most powerful pieces of evidence in your case.

3. Apply Key Legal Doctrines (LeBoeuf & Labor Code §4662)

There are important legal pathways that can help you reach a 100% disability finding.

LeBoeuf Doctrine

Even if your rating is not technically 100%, you may still be considered totally disabled if you cannot benefit from retraining or compete for jobs.

Labor Code §4662

This law provides automatic findings of total disability in certain extreme cases, such as:

  • Loss of both hands
  • Loss of vision
  • Severe brain injuries

Even if your case doesn’t fall into these categories, your attorney can still argue total disability using a combination of medical and vocational evidence.

4. Prepare a Strong Case for the Judge

If your case goes to trial, preparation is everything.

You must present:

  • Clear and consistent medical opinions
  • Strong vocational evidence
  • Credible testimony about your limitations

Judges look closely at whether your case is well-documented and consistent. Even small inconsistencies can weaken your claim.

Learn more about building strong medical evidence in our article on the importance of accurate impairment evaluation.

5. Negotiate a Settlement or Go to Trial

Once your case is fully developed, the final step is resolution.

Settlement (Compromise & Release)

Most clients choose this option because:

  • You receive a lump sum
  • You close your case
  • You gain financial control and move forward

Trial

If the insurance company refuses to offer fair compensation, your case may go to trial, where a judge determines whether you are 100% disabled.

You can explore settlement strategies in our article on how to close your workers’ comp case.

Why Proving 100% Disability Matters

A 100% permanent disability finding can provide:

  • Long-term or lifetime financial support
  • Access to continued medical care
  • Greater financial security for you and your family

But insurance companies fight these cases aggressively. That’s why building a strong, well-supported case is critical. Notably, workers facing 100% permanent disability workers compensation California cases need expert guidance throughout the process.

Final Thoughts

Proving 100% permanent disability is not easy—but it is absolutely possible with the right strategy.

At Franco Muñoz Law Firm, we focus on presenting clear, compelling evidence that shows the true impact of your injury on your ability to work and live your life.

If you believe you may qualify for total disability, don’t wait.

Call us at (667) 350-1072 to discuss your case.

About the Author

Steve Franco is a workers’ compensation attorney and co-founder of Franco Muñoz Law Firm. He has helped injured workers throughout California recover six-figure and million-dollar settlements by building strong, evidence-driven cases focused on maximizing compensation.

Learn more about Steve Franco here.

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]]> Navigating the Workers’ Compensation Process: A Guide for Injured Workers https://francomunoz.com/navigating-the-workers-compensation-process-a-guide-for-injured-workers/ Wed, 01 Apr 2026 22:55:18 +0000 https://francomunoz.com/?p=1433 By Steve Franco When you suffer an injury at work, it can be overwhelming to navigate the workers’ compensation process. Understanding your rights and the steps you need to take can help ensure you receive the benefits you deserve. This guide provides essential information on the workers’ compensation process, including how to file a claim, […]

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]]> By Steve Franco

When you suffer an injury at work, it can be overwhelming to navigate the workers’ compensation process. Understanding your rights and the steps you need to take can help ensure you receive the benefits you deserve. This guide provides essential information on the workers’ compensation process, including how to file a claim, the benefits available, and the importance of having a skilled workers’ compensation lawyer or attorney by your side.

Filing a Workers’ Compensation Claim

The first step in securing your workers’ compensation benefits is to file a claim. Here’s how to do it:

  1. Report Your Injury: Notify your employer immediately after the injury. In California, you must report the injury within 30 days to avoid losing your right to benefits.
  2. Seek Medical Treatment: Get medical attention as soon as possible and inform the healthcare provider that your injury is work-related.
  3. Complete a Claim Form (DWC-1): Your employer should provide you with a Workers’ Compensation Claim Form (DWC-1). Fill out the employee section and return it to your employer.
  4. Employer’s Responsibilities: After receiving the claim form, your employer must fill out their section and forward it to their insurance company. They are also required to provide you with a copy of the completed form.
  5. Follow Up: Keep a record of all communications and documents related to your claim. Follow up with your employer and the insurance company to ensure your claim is being processed.

Understanding Workers’ Compensation Benefits

Workers’ compensation provides several benefits to help you recover from your injury and manage your financial situation:

  1. Medical Care: Coverage for all reasonable and necessary medical treatment related to your injury, including doctor visits, hospital stays, surgeries, medications, and rehabilitation.
  2. Temporary Disability Benefits: Payments to replace lost wages if you are unable to work temporarily due to your injury. These benefits typically amount to two-thirds of your average weekly wage.
  3. Permanent Disability Benefits: Compensation if your injury results in a permanent impairment. The amount depends on the severity of your disability and your ability to return to work.
  4. Supplemental Job Displacement Benefits: Vouchers to help pay for retraining or skill enhancement if you cannot return to your previous job.
  5. Death Benefits: Payments to the dependents of a worker who dies as a result of a work-related injury or illness.

The Importance of a Workers’ Compensation Lawyer

Navigating the workers’ compensation process can be complex and stressful. Having an experienced workers’ compensation lawyer or attorney can make a significant difference in the outcome of your case. Here’s why:

  1. Expert Guidance: A skilled lawyer understands the intricacies of workers’ compensation laws and can guide you through each step of the process.
  2. Evidence Collection: Your attorney can help gather and present the necessary evidence to support your claim, including medical records, witness statements, and expert testimony.
  3. Negotiation: Insurance companies often try to minimize payouts. A workers’ compensation attorney can negotiate on your behalf to ensure you receive the maximum benefits.
  4. Representation: If your claim is denied or disputed, your lawyer can represent you in hearings and appeals, increasing your chances of a favorable outcome.
  5. Peace of Mind: Knowing that a professional is handling your case allows you to focus on your recovery without the added stress of managing legal procedures.

Common Challenges and How to Overcome Them

  1. Denied Claims: If your claim is denied, you have the right to appeal. An experienced workers’ compensation lawyer can help you navigate the appeals process and present a strong case.
  2. Delays in Benefits: Delays can cause financial strain. Stay proactive by regularly following up with your employer and the insurance company. Your attorney can also expedite the process by addressing any administrative issues.
  3. Inadequate Medical Care: If you are not receiving appropriate medical treatment, you can request a change of doctor. Your lawyer can assist in ensuring you get the care you need.
  4. Return-to-Work Issues: If your employer is not accommodating your return to work with appropriate modifications, your attorney can advocate for your rights and explore options for job displacement benefits.

Call to Action

If you’ve been injured at work, don’t navigate the workers’ compensation process alone. The experienced workers’ compensation attorneys at Franco Muñoz Law Firm are here to help. We understand the challenges you face and are dedicated to securing the benefits you deserve. Contact us today at (667) 350-1072 or visit our website to schedule a consultation. Let us provide the expert guidance and representation you need to focus on your recovery.

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]]> How to Increase the Value of Your Neck Injury Workers’ Compensation Case https://francomunoz.com/how-to-increase-the-value-of-your-neck-injury-workers-compensation-case/ Sun, 15 Mar 2026 08:31:25 +0000 https://francomunoz.com/?p=1881 By Steve Franco Neck injuries—also known as cervical spine injuries—are some of the most serious and life-altering injuries we see in California workers’ compensation cases. A neck injury can affect your ability to work, sleep, drive, concentrate, and even perform basic daily activities like lifting your arms or turning your head. Unfortunately, many injured workers […]

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]]> By Steve Franco

Neck injuries—also known as cervical spine injuries—are some of the most serious and life-altering injuries we see in California workers’ compensation cases. A neck injury can affect your ability to work, sleep, drive, concentrate, and even perform basic daily activities like lifting your arms or turning your head.

Unfortunately, many injured workers assume that once a neck injury is diagnosed, the insurance company will automatically recognize its seriousness and fairly value the case. That rarely happens. The truth is this: the value of your neck injury case depends on how well the medical evidence proves permanent impairment under California law.

At Franco Muñoz Law Firm, we focus on building neck injury cases the right way—medically, legally, and strategically—so our clients don’t leave money on the table.

How Impairments Are Determined in the California Workers’ Comp System

In California workers’ compensation, the value of your case is driven largely by your permanent impairment rating. This rating is supposed to measure how much your injury permanently limits your ability to function—not just how much pain you feel.

Here’s the basic process:

  1. A doctor determines whether you have reached Maximum Medical Improvement (MMI).

  2. The doctor assigns a Whole Person Impairment (WPI) percentage.

  3. That impairment is adjusted based on your age and occupation.

  4. The final number determines the value of your permanent disability benefits.

If the impairment rating is too low, your case value will be too low. That’s why the way impairment is calculated—and what medical evidence supports it—is critical.

The Role of the AMA Guides in Neck Injury Cases

California requires doctors to use the AMA Guides to the Evaluation of Permanent Impairment (5th Edition) when assigning impairment ratings. These Guides are technical, complex, and often misunderstood—even by doctors.

Insurance companies rely heavily on doctors who:

  • Minimize objective findings

  • Ignore diagnostic studies

  • Default to the lowest possible impairment category

Our job is to make sure the AMA Guides are applied correctly and completely, based on the actual medical evidence—not shortcuts that favor the insurance carrier.

Chapter 15 – The Spine Chapter (Why It Matters So Much)

Chapter 15 of the AMA Guides is the spine chapter, and it governs how cervical (neck), thoracic, and lumbar spine injuries are rated.

For neck injuries, Chapter 15 looks at factors such as:

  • Structural damage shown on imaging

  • Neurological involvement

  • Loss of motion

  • Functional limitations

  • Muscle weakness, sensory loss, or reflex changes

This chapter gives doctors more than one method to rate impairment—but choosing the wrong method (or using incomplete data) can drastically reduce the value of your case.

Diagnostics That Help Prove a Higher Neck Impairment

One of the biggest mistakes injured workers make is assuming complaints alone are enough. Objective medical evidence is what drives impairment.

We regularly help our clients obtain the diagnostics that matter most in cervical spine cases, including:

MRI of the Cervical Spine

MRIs can show:

  • Disc herniations

  • Disc bulges

  • Nerve compression

  • Spinal stenosis

  • Degenerative changes aggravated by work

Without an MRI, many serious neck injuries are undervalued or dismissed entirely.

EMG / NCV Studies

These tests help prove:

  • Cervical radiculopathy

  • Nerve damage

  • Chronic nerve irritation

When positive, EMG/NCV studies can significantly increase impairment.

Functional Capacity Evaluations (FCEs)

FCEs objectively measure:

  • Lifting limits

  • Endurance

  • Range of motion

  • Functional restrictions

They are especially powerful when insurance doctors claim you can “work full duty” despite obvious limitations.

Cervical Spine Ratings: DRE vs. ROM Method

For neck injuries, doctors typically use one of two methods under Chapter 15:

DRE (Diagnosis-Related Estimates) Method

The DRE method is commonly used and places injuries into categories based on:

  • Objective findings

  • Neurological deficits

  • Imaging results

Higher DRE categories mean higher impairment—but only if the doctor properly documents the findings.

ROM (Range of Motion) Method

The ROM method may apply when:

  • Multiple levels of the cervical spine are involved

  • Motion loss is significant

  • DRE does not accurately reflect the injury

Many doctors avoid the ROM method because it requires more testing and documentation—but in the right case, it can result in a higher impairment rating.

Call to Action: Get Help With Your Workers’ Comp Neck Injury

If you suffered a neck injury at work and feel your case is being minimized, rushed, or undervalued, you are not alone—and you do not have to fight the system by yourself.

At Franco Muñoz Law Firm, we know how to:

  • Challenge low impairment ratings

  • Demand proper diagnostics

  • Hold insurance doctors accountable

  • Maximize the value of cervical spine injury cases

Call us today at (667) 350-1072 for a free consultation.
We represent injured workers throughout California and only get paid if we win.

Helpful Resources

About the Author

Steve Franco is a California workers’ compensation attorney and co-founder of Franco Muñoz Law Firm. He has helped injured workers recover millions of dollars in benefits by challenging improper impairment ratings, insurance tactics, and medical-legal shortcuts. Steve regularly educates workers on their rights through blogs, videos, and community outreach across California.

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]]> $800,000 Settlement for Worker Injured in Devastating Fall While Installing Windows https://francomunoz.com/800000-settlement-for-worker-injured-in-devastating-fall-while-installing-windows/ Tue, 10 Mar 2026 15:16:49 +0000 https://francomunoz.com/?p=1907 $800,000 Settlement for Worker Injured in Devastating Fall While Installing Windows Construction workers perform some of the most physically demanding jobs in California. When something goes wrong on a job site, the injuries can be severe and life-changing. If you or someone you know is seeking a workers compensation settlement for workplace fall, understanding your […]

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]]> $800,000 Settlement for Worker Injured in Devastating Fall While Installing Windows

Construction workers perform some of the most physically demanding jobs in California. When something goes wrong on a job site, the injuries can be severe and life-changing. If you or someone you know is seeking a workers compensation settlement for workplace fall, understanding your options is crucial.

Recently, attorney René Muñoz of Franco Muñoz Law Firm secured an $800,000 settlement for a window installer who suffered serious injuries after falling from a building while performing his job. In situations like this, the process of achieving a workers compensation settlement for workplace fall can be complex, requiring skilled legal support.

The Workplace Accident

Our client worked as a window installer, a physically demanding job that required removing old windows, installing new ones, and working with heavy tools and materials. The work often involved climbing ladders and working on upper floors of buildings.

On May 31, 2019, our client was installing a window on the second floor of a building. As he attempted to reposition the window during installation, the window suddenly gave way. He fell approximately 15–20 feet to the ground, landing hard on his back and left side and losing consciousness.

The fall left him with serious injuries and began a long road of medical treatment and recovery. As a result, he needed reliable advice on obtaining a workers compensation settlement for workplace fall, since his injuries dramatically impacted his career.

Life-Changing Injuries

Following the fall, our client suffered injuries to multiple parts of his body and required significant medical care. These injuries caused lasting pain and made it extremely difficult for him to return to the type of physical work he had done for most of his life.

Before the accident, he had spent years working in physically demanding trades, including window installation and construction-related work. These jobs required strength, mobility, and long hours of physical labor.

After the accident, his life looked very different.

Building a Strong Case

Serious workplace injury cases often require detailed investigation and expert analysis. In this case, a vocational expert evaluated how the injuries affected our client’s ability to work in the future. The expert concluded that the injuries significantly impacted his ability to compete in the job market and earn a living.

Using the medical evidence and expert findings, René Muñoz worked to demonstrate the full impact of the accident on his client’s life and future. Therefore, pursuing a workers compensation settlement for workplace fall was essential to recovering his losses.

A Strong Result for an Injured Worker

Through persistent advocacy and careful preparation, René Muñoz successfully secured an $800,000 settlement for his client.

This result helped provide financial security for someone whose life was dramatically altered by a workplace accident.

Fighting for Injured Workers Across California

Workplace injuries can affect every part of a person’s life — their health, their family, and their financial stability. Insurance companies do not always make it easy for injured workers to receive the benefits and compensation they deserve.

At Franco Muñoz Law Firm, our attorneys are dedicated to standing up for injured workers and helping them obtain the resources they need to move forward. Above all, our experience helps you navigate the workers compensation settlement for workplace fall after an accident.

If you or someone you know has been injured at work, experienced legal guidance can make all the difference.

Contact Franco Muñoz Law Firm today to learn how we can help protect your rights after a workplace injury.

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