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Santa Clara, CA workers compensation attorneyAll too often, the workers’ compensation system is portrayed as a way to secure benefits after suffering an injurious accident on the job. While it is possible to successfully pursue benefits under these circumstances, the workers’ compensation system in California serves workers in more than just this narrow way. Generally speaking, any time an eligible worker sustains physical harm while engaged in employment-related activities, they qualify for benefits. Thai means that if you have an autoimmune condition that has developed, or been aggravated, accelerated, or reactivated by work-related activity, you may be eligible for benefits at this time.

The Challenging News 

The workers’ compensation system is not fault-based. The primary concern of workers’ compensation claims adjusters is whether someone’s harm was caused by their employment. Unfortunately, because autoimmune conditions can develop or be exacerbated for many reasons, it can be challenging to prove that someone’s autoimmune-related harm was caused specifically by their employment. As a result, a strong claim supported by medical evidence is required before benefits related to autoimmune challenges will be approved.

The Hopeful News

Although it is difficult to pursue illness-related benefits claims, obtaining workers’ compensation for autoimmune challenges is not impossible. It is simply important for affected workers to seek legal guidance proactively, to support their claims with strong medical records, and to keep their chins up if the claims process does not progress as smoothly as it otherwise might.


b2ap3_thumbnail_Untitled-5.jpgCalifornia has some of the strongest workers’ rights laws in the country. Therefore, it should not necessarily be surprising that the state broadly protects the rights of most employees – whether part-time or full-time – to pursue workers’ compensation benefits in the event that they are hurt or become ill while engaged in work-related activities. Yet, due to a variety of factors, including employers that would rather not make these protections widely known or understood, many workers are unaware of this particular legal protection. Some are even led to believe that they are ineligible for benefits due to their age, immigration status, or another fundamental aspect of their identity as a worker.

Eligibility for California Workers’ Compensation Benefits

Because California seeks to protect as many workers as possible, there are no workers’ comp coverage exemptions for small businesses, as there are in many other states. In California, unless a business is part of a handful of specialty industries – including many maritime and railroad operations – it is required to carry workers’ compensation coverage, even if the business only employs one individual. Each employee, regardless of their age, status as a temporary, seasonal, part-time, or full-time worker, and regardless of whether they are documented or undocumented, is eligible for workers’ compensation benefits.


Santa Clara County workers' comp lawyer for unsafe work conditionsIf you work under unreasonably unsafe conditions, you are far more likely to be injured on the job than you would be in other situations. This is an issue that can affect both people who work in high-risk occupations and those in traditionally safer jobs. Although there are legal and financial protections that you can take advantage of if you sustain work-related harm, these will not address the underlying safety issues that affect you and others. By not speaking up about working conditions that could be unsafe, you and your co-workers will remain in a position where you are likely to be harmed in potentially life-altering ways.

Workers’ Comp Benefits Are Helpful, but Limited

If you are an employee who works directly for an employer, you are likely entitled to workers’ compensation benefits in the event that you sustain harm while engaging in work-related activities. In California, most employees have the right to file a claim for benefits under these circumstances, as long as they are not rightfully classified as independent contractors or are employed in select specialty industries.

All too often, however, employees continue working in unreasonably hazardous conditions because they reason that if they get hurt, they will simply file a claim, and “everything will come out in the wash.” It is important to understand that while workers’ comp benefits are truly valuable, they only cover medical care, a portion of lost wages, and other limited benefits. The opportunity to file a claim should not serve as an excuse for employers to allow workers to operate under unreasonably unsafe conditions, as the consequences of work-related harm can be life-altering for injury victims, both physically and financially.


San Benito County workers' comp lawyer for aggravation of pre-existing conditionsAll too often, workers who have grounds upon which to file a legitimate workers’ compensation claim refrain from doing so. Sometimes, workers fear retaliation or harassment. Others are simply convinced that they will not be able to sufficiently prove their claim. This latter concern is often a factor for workers who already struggle with physical challenges and whose job duties aggravate or exacerbate those challenges. By failing to file a claim and continuing to strain their bodies in order to make a living, these workers may keep pushing on the job to the point where they can no longer work at all.

Pre-Existing Conditions Do Not Disqualify a Worker from Workers’ Compensation Eligibility

There is little question that it is easier to demonstrate that work-related injuries were caused by an onsite accident witnessed by co-workers than it is to prove that harm has been caused by the work-related aggravation of a pre-existing condition. However, simply because proving this kind of case can be challenging does not mean that it cannot be done successfully.

Workers’ compensation claims adjusters are primarily concerned about whether someone’s current medical struggles were caused – totally or in part – by their work-related activities. As long as medical records and other evidence clearly illustrate that a pre-existing condition was aggravated or exacerbated by a person’s job duties, they will be entitled to seek benefits through workers’ compensation. A person may need to provide evidence that rules out other lifestyle choices – such as sports-related hobbies – as a cause for the harm they have suffered. With the assistance of a skilled attorney, an injured worker can take the correct steps to show that an injury was work-related, ensuring that they can receive benefits covering their medical expenses and loss of income.


santa clara workers compensation lawyerOne of the most commonly misunderstood realities of workers’ compensation coverage is how far it extends. Most people, understandably, think of workers’ compensation benefits as compensation awarded to employees who sustain harm as a result of accidents in the workplace. Although such injury-related scenarios tend to be the easiest claims to prove, California workers’ compensation coverage extends to a host of other circumstances.

When Harm Occurs Off-Site

Workers’ compensation claims that are filed after someone is injured at their employer’s place of business tend to be easily proven due to the likely presence of witnesses and company surveillance footage. Yet, simply because claims for injuries sustained remotely are traditionally more difficult to prove does not mean that such harm does not render an injured worker eligible for benefits.

When a workers’ compensation claims adjuster reviews a request for benefits, their primary concerns will be as follows:

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