An on-the-job injury can be difficult to deal with. These injuries may occur in workplace accidents, or they may be the result of physical strain placed on the body when performing work-related tasks, such as repetitive motions or heavy lifting. In some cases, emergency treatment may be required, while in others, a person may find that they will need surgery to correct damage or ongoing treatment such as physical therapy. Injured workers may be concerned about the costs of this treatment, as well as the financial losses they may experience if an injury limits their ability to work.

Fortunately, workers' compensation benefits can help address these issues. Medical benefits can be especially important, since they will cover the costs of all medical treatment related to a work injury. However, workers may be unsure about exactly what types of treatment will be covered and the procedures they may need to follow. With the help of a workers' compensation attorney, employees who have suffered injuries can make sure they receive all of the treatment necessary to fully address the effects of an injury and return to work.

When an employee is injured on the job, workers’ compensation benefits can be a desperately needed source of financial support for serious injuries. But even under the best of circumstances, an employer’s insurance company will work hard to find a reason to deny a workers’ compensation claim.

One common excuse insurance companies and employers use to deny workers’ compensation claims is that the employee was under the influence of drugs or alcohol and that the intoxication, rather than unsafe working conditions, led to the worker’s injuries. However, the California Labor Code provides that an employee can still qualify for workers’ compensation even if they failed a drug test–but only if they can prove that their drug or alcohol use was not the proximate cause of their injuries.

Who Has the Burden of Proof in Intoxication-Related Workers’ Compensation Denial?

Under California law, employers who wish to deny workers’ compensation claims based on intoxication are required to prove the employee’s intoxication was the proximate cause of their injuries or a significant factor in causing their injuries. The burden of proof is on the employee, not the injured employee.

Under California's workers' compensation system, an injured worker may be entitled to a supplemental job displacement voucher if their injury prevents them from returning to the same or similar employment. This voucher is intended to help workers pay for retraining and education expenses, such as tuition costs, books, and fees. A qualified workers’ compensation lawyer can help you understand what a supplemental job displacement voucher is, when a worker is eligible to receive one, and how much the voucher is worth.

What Is a Supplemental Job Displacement Voucher?

Commonly known as a supplemental job displacement voucher, the supplemental job displacement benefit (SJDB) is a payment given by the insurance company that pays for certain educational and vocational training expenses incurred by an injured worker who cannot return to his or her pre-injury job. The SJDB is issued in the form of a voucher that can be used for tuition costs at accredited public or private schools, textbooks and other materials necessary for school attendance, fees associated with testing or certification programs, career counseling services related to obtaining new skills or training for new occupations, and any other educational expense approved by the Division of Workers’ Compensation. The SJDB does not cover living expenses during training or commuting costs associated with attending classes.

When Is a Worker Eligible for a Supplemental Job Displacement Voucher?

In order to be eligible for the SJDB in California, an injured worker must meet all of the following criteria:

Being hurt in a work accident can lead to overwhelming medical expenses and lost income. Workers’ compensation benefits are intended to help injured employees cover these expenses. Unfortunately, not everyone qualifies for workers’ compensation. In California, injured employees are covered by workers’ comp, but independent contractors who suffer a work injury are not entitled to compensation through workers’ compensation insurance.

However, workers that are misclassified as independent contractors but are actually employees may be able to get compensation for lost wages and medical bills through workers’ comp. If you were hurt on the job and you suspect you have been misclassified as an independent contractor, read on to learn more about how you might actually qualify for workers’ compensation benefits.

Employee Misclassification in California Work Injury Cases

There are pros and cons to being an employee. Employees of a company are usually entitled to benefits like paid time off and health insurance. However, they must also adhere to certain work hours or other conditions of employment. Independent contractors, on the other hand, are not under the employer’s control to the same extent that employees are. Independent contractors are also ineligible for certain benefits, including workers’ compensation coverage.

In the state of California, employers are prohibited from retaliating against employees who file workers' compensation claims. This means that employers cannot punish employees for filing a valid, good-faith claim or attempt to discourage employees from filing in the first place. It is important to understand what constitutes retaliation and what legal remedies are available to those who have been subjected to it. If you have recently filed a workers’ compensation claim and you believe that your employer is retaliating against you, an experienced work comp lawyer can help you explore the possibility of taking legal action.

What Is Retaliation?

Retaliation occurs when an employer takes adverse action against an employee because the employee has exercised their legal right to file a workers' compensation claim. Adverse actions can range from verbal abuse or threats to physical harm or termination of employment. This type of behavior by employers is illegal and may be subject to criminal and civil penalties, as they can have a significant impact on an employee's ability to earn a living wage and support themselves and their family.. Employers should not retaliate against employees who have filed a workers' compensation claim as it can be considered a form of discrimination.

Examples of Retaliation

The most common example of retaliation is when an employer terminates an employee shortly after they file a workers' compensation claim. This action alone can be enough to constitute retaliation, but there are other less obvious examples as well. For example, if an employer changes an employee's shift schedule to a less favorable schedule without warning after a claim is filed, this could also be interpreted as retaliatory behavior. Similarly, if an employer initiates disciplinary action against an employee for seemingly minor infractions shortly after the employee files a claim, this may also be considered retaliation.