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Gilroy Work-Related Car Accident LawyersCar accidents can happen at any time, and they can result in a variety of serious injuries. For those who drive as part of their job, the risks of accidents can increase because they spend more time on the road. When a car accident occurs while someone is working, they may be unsure about whether workers' compensation covers them. Fortunately, workers' comp provides benefits for any injuries that occur while an employee is working, as well as injuries arising from the work they performed. These benefits can help injured workers with medical bills, loss of wages, and other financial burdens that they may experience. Understanding the types of injuries that workers' compensation may cover can help employees ensure they receive the proper benefits following an on-the-job car accident.

Common Injuries in Work-Related Car Accidents

To receive workers' compensation coverage, a person will need to show that a car accident was work-related. Delivery drivers, construction workers, and others who operate vehicles on public roads during the course of their work will usually be eligible for benefits as long as an accident occurred while they were performing their job duties. Accidents that occurred while a person was commuting to or from work or while they were off the clock generally will not be covered by workers' compensation.

A person who was injured in a work-related car accident may receive benefits to address multiple types of injuries, including:


San Benito County Workers' Compensation AttorneysOriginally published: October 18, 2021 -- Updated: May 18, 2023

Update: In addition to the issues described below, some workers may need to address concerns related to hearing loss that became worse due to conditions in their workplace. In cases where a person had a pre-existing condition, meaning that they already experienced some form of hearing loss before they began working for an employer or due to issues that were not related to their work, they may need to determine whether they can qualify for workers' compensation based on an aggravation of these issues.

While workers' comp will cover injuries or health issues that arose out of the work a person performed, there may be some question as to whether additional concerns related to hearing loss were work-related. For those who had some form of hearing loss, but their hearing loss became worse because of work-related factors, it will be important to demonstrate that the work they performed was responsible for the worsening of their condition. For example, a person may show that they were exposed to loud noises in the workplace and were not provided with sufficient hearing protection, and because of this, they experienced additional hearing loss.

If a person can demonstrate that the aggravation of their hearing loss was work-related, they may be able to receive workers' compensation benefits to address this issue. Workers' comp may cover any new medical treatment they received for hearing loss, including hearing aids or cochlear implants. If a person was required to miss work while receiving treatment or because of other issues related to hearing loss, they may receive temporary disability benefits. Permanent disability benefits may also be available to address the impact that the increase in hearing loss has had on a person's life and their ability to work.


Santa Clara County Temporary Disability Benefits LawyersPeople who are injured while working are likely to have many questions about how they can receive the proper medical treatment and how they will be able to meet their financial needs while they are unable to work. Fortunately, workers' compensation benefits are available in most cases where an employee has suffered a work-related injury. For those who cannot work while recovering from their injuries, temporary disability benefits will provide them with financial resources. However, workers who receive these types of benefits may have questions about how much they will receive and how long the benefits will last.

Temporary Disability Benefits in California

If a work injury will prevent a person from working for at least three days, or if they spent the night in a hospital following a workplace accident, they can begin receiving temporary disability benefits. For those who are completely unable to work while recovering from their injuries, temporary total disability (TTD) benefits will pay a percentage of their lost wages. For those who are able to work at a reduced capacity while recovering and who are given the opportunity to work part-time or in a different position by their employer, temporary partial disability (TPD) benefits will pay a percentage of the amount their wages have been reduced by.

An injured worker will be able to begin receiving temporary disability payments within 14 days after reporting an injury to their employer and receiving a diagnosis from a doctor stating that they cannot perform their job duties due to their injury. Benefits will be paid every two weeks for as long as a person is eligible to receive them. Temporary disability benefits will continue to be paid until one of the following occurs:


Hollister Workers' Compensation Lawyers for Delivery Drivers
Working as a delivery driver comes with its own set of challenges. With long hours of driving and carrying heavy packages, it is not surprising that delivery drivers are at risk of getting injured on the job. These injuries can result in significant medical bills, lost wages, and other issues that can affect workers financially while also impacting their professional and personal lives. By understanding the potential causes of injuries and their options for receiving workers' compensation benefits, delivery drivers can be prepared for these situations.

Reasons for Delivery Driver Injuries

There are numerous situations in which delivery workers may suffer serious injuries, including:

  • Vehicle accidents - Delivery drivers spend a lot of time on the road, which makes them more likely to become involved in motor vehicle collisions. These accidents can occur because of the negligence of other drivers or errors made by delivery drivers, and they may involve factors such as distracted driving, speeding, or fatigue. Drivers can take steps to prevent accidents, including avoiding dangerous behaviors like speeding or texting while driving. Vehicles should also be well-maintained and equipped with all necessary safety features, such as seat belts, airbags, and anti-lock brakes.


Morgan Hill Workplace Shoulder Injury LawyersWork-related injuries can happen to anyone at any time, including in workplace accidents or due to repeated use of different parts of the body. Shoulder injuries are a common occurrence in California workplaces, and they can affect workers in numerous ways. These injuries may require treatments such as surgery, medications, or rehabilitative therapy, and medical expenses can add up quickly. They can also affect a person's ability to work, resulting in a potential loss of income. Fortunately, workers' compensation is available for those who have suffered work-related injuries. By understanding the different types of shoulder injuries that can occur in the workplace, injured workers can make sure they are taking the correct steps to receive workers' comp benefits.

Common Work-Related Shoulder Injuries

Some types of shoulder injuries that can occur in the workplace include:

  • Dislocated shoulder - A dislocation may occur if the upper arm bone pops out of the shoulder's socket. This injury can occur in the workplace because of falls or getting hit by an object, and it can cause severe pain, numbness, and immobility.


Hollister Workers' Comp Lawyers for Independent Medical ReviewsPeople who are injured while working will usually be able to receive workers' compensation benefits, which will address issues such as the costs of their medical treatment, the income lost while recovering from an injury, and job displacement. However, the process of obtaining workers’ comp benefits is not always straightforward. In some cases, disagreements may arise between an injured worker and their employer or an insurance provider over the medical treatments a person should receive. In such cases, independent medical reviews (IMRs) may be used by the California Division of Workers’ Compensation (DWC) to help resolve these disagreements.

What Is an Independent Medical Review?

An independent medical review is a process that is used to resolve disagreements between injured workers and workers' compensation insurance companies about the treatments that should be provided and whether certain treatments are medically necessary. In an IMR, a medical professional will review a request for treatment and medical records and documentation about a patient's condition and provide an opinion on whether the requested care is medically necessary.

How Does the IMR Process Work?

If a disagreement over medical treatment arises, a utilization review (UR) may be performed to determine whether treatment is medically necessary. If medical treatment is denied or modified following a utilization review, the injured employee can request an independent medical review. An application for an independent medical review must be submitted within 30 days after the injured worker received a written utilization review determination.


Santa Clara County Occupational Illness Lawyers

Working for long hours, performing job duties that involve harmful substances, or working in hazardous environments can lead to various health risks, including occupational illnesses. Fortunately, the California workers' compensation system is designed to help employees who have been injured or become ill from their job. Workers' compensation benefits are available to employees who have suffered a work-related injury or illness. However, many people are not aware of when they are eligible to file for workers’ compensation due to an occupational illness.

Understanding Occupational Illnesses

First, it is important to know what an occupational illness is. An illness or disease that results from exposure to harmful chemicals, toxins, or other substances in the workplace may qualify as an occupational illness. Other illnesses or diseases may arise out of the work a person has performed. If an illness occurred while a person was working or was caused by the conditions in the workplace or work-related activities, it would be considered an occupational disease.


Gilroy Construction Work Injury Lawyers

Working in the construction industry comes with its fair share of hazards. Construction workers are exposed to multiple risks every day, and accidents and injuries are not uncommon. Construction sites are known for their hazardous settings, heavy machinery, and dangerous tools, and these factors can put construction workers at a high risk of injury. Fortunately, injured construction workers will usually qualify for workers' compensation benefits.

Common Construction Site Accidents Leading to Injuries

There are numerous issues that can put construction workers in danger of suffering injuries. Workplace accidents and injuries may occur due to:


San Benito County Workers' Comp Lawyers for Knee Injuries

If you have been injured on the job in California, you may be entitled to workers’ compensation benefits. There are a variety of different types of workplace injuries that are covered under California workers’ compensation laws, including leg and knee injuries. You may be able to receive medical benefits, temporary or permanent disability benefits, and more. The specifics of your claim can vary depending on the severity of your injury and other factors. By understanding how knee and leg injuries are addressed in workers' comp cases, you can ensure that you will be able to receive the benefits you deserve.

Types of Leg and Knee Injuries Covered by Workers' Compensation

In California, employers must provide workers’ compensation coverage for all employees. Workers’ compensation covers a wide range of leg and knee injuries that occur while on the job. Common types of leg and knee injuries include fractures, sprains, strains, dislocations, torn ligaments or tendons, crushed bones, nerve damage, amputations, burns, and cuts or lacerations.


Morgan Hill Workers' Comp Lawyers

Every workplace carries its own inherent risks, and office environments are no exception. Accidents and injuries can happen in any job setting, and they can cause a great deal of difficulty for workers. The question is: if an office employee is injured or becomes ill on the job, are they eligible for workers’ compensation benefits? Fortunately for workers, the answer is "yes." Those who are injured in workplace accidents, contract diseases or illnesses while working in offices, or suffer bodily harm due to the work they have performed will be able to receive benefits. If you are an office worker, understanding the types of benefits that may be available can help you make sure you will be able to recover from an accident or injury while at work.

Types of Injuries in the Office Environment

Many of the most common types of injuries that happen in an office environment are repetitive stress disorders such as carpal tunnel syndrome. These injuries affect the nerves in the wrists, and they may be caused by activities such as typing or using a computer. They can lead to significant pain or loss of sensation in the hands and wrists, affecting a person's ability to continue working as they had previously. Other types of repetitive injuries may include eye strain from looking at computer monitors or small print on documents throughout the day, as well as back pain or other issues related to posture when sitting in office chairs.


Hollister Workers' Comp Medical Benefits Lawyer

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.


CA injury lawyerWhen 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.


CA injury lawyerUnder 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:


CA injury lawyerBeing 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.


CA injury lawyerIn 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.


gilroy, ca workers' compensation lawyerIf you drive a truck or make deliveries for a living, you know that your job comes with certain risks. You could be injured on the job in an accident, from overexertion, or even from another person’s negligence. With this in mind, it is important to identify the common causes of injury and to understand when workers' compensation is available for your injuries. If you have recently been injured and are not sure if you have a case, a qualified workers’ compensation lawyer can help you determine your best course of action.

Common Causes of Injuries for Delivery Personnel and Truck Drivers

There are numerous ways in which delivery people and truck drivers can be injured on the job. A few of the most common causes include:


This occurs when a delivery person or truck driver strains their body by using too much force when lifting, pushing, pulling, throwing, carrying, or other similar activities. Overexertion can cause sprains and strains in muscles and ligaments.


Santa Clara County workers' compensation lawyerDoctors, nurses, nurse practitioners, medical assistants, and other healthcare workers spend their days keeping others safe, so it may come as a surprise to learn that healthcare workers report more workplace illnesses and injuries than workers in any other industry. Medical workers often work long hours doing physically demanding jobs like lifting and transferring patients. They also regularly work with and in close proximity to hazardous biological materials and dangerous chemicals.

Healthcare workers who are injured in the course of performing their jobs are typically entitled to workers’ compensation benefits. Under workers’ compensation law, injured employees can receive financial compensation for their medical expenses and part of their lost income. If you or a loved one in the healthcare field suffered a workplace injury or illness, a workers’ compensation lawyer can help you understand your rights and options.

Work Injury Claims Involving Medical and Healthcare Professionals

According to the Occupational Safety & Health Administration (OSHA), healthcare and social assistance workers are injured more frequently than workers in other sectors. Unfortunately, the rate at which healthcare workers are injured is rising. OSHA reports that there was a 40 percent increase in healthcare work-related injuries and illnesses in 2020—a statistic that is perhaps unsurprising given the immense pressure put on the healthcare industry during the COVID-19 pandemic.


Santa Clara County workers' compensation lawyerIf you work in a noisy environment, you may be exposed to loud sounds, vibrations, or chemicals that can all contribute to hearing loss. In some occupations, the risk of hearing loss is particularly high. For example, construction workers and factory workers are often exposed to loud noise while they are on the job. If you suffer from hearing loss caused by your job, you may be entitled to workers’ compensation benefits. Read on to find out more about hearing loss and workers’ compensation for those who live and work in California.

What Occupations Put Employees at Risk for Hearing Loss?

The Occupational Safety and Health Administration (OSHA) has set standards for workplace noise exposure that employers must adhere to. These standards are intended to help prevent hearing loss for employees, protect employees’ remaining hearing, and provide hearing protection equipment for those who work in loud environments.

Common worksites with the highest levels of noise include factories and manufacturing facilities, construction sites, airports, and military installations. Specific jobs that put employees at risk of hearing loss include but are not limited to:


Santa Clara County, CA workers' compensation lawyerIn workers’ compensation cases, there are too many employers who sometimes decide to discourage employees from filing for the benefits afforded to them under the California workers’ compensation program. Demoting employees or threatening to fire those who file a claim for benefits are some of the tactics these unscrupulous employers may use. An injured employee who finds themselves in this situation should know that there may be legal assistance available to ensure he receives both the workers’ compensation benefits as well as additional compensation for the employer’s actions.

Understanding Retaliation

Firing an employee because he filed for workers’ compensation is called “retaliation.” Under California law, retaliation is unlawful, and California courts have recognized an employee’s right to seek compensation for an employer’s retaliation. This right is in addition to any other fines that may be levied against the employer by governmental agencies for the same conduct. The rights are provided to employees because retaliatory discharge is considered to be against public policy.

An employer may try to pressure an employee into quitting by refusing to modify the employee’s duties to accommodate their injuries, or the company may fail to pay any temporary workers’ compensation benefits. The employer may even reassign the employee to a less desirable position or require the employee to reapply for a position. These actions aimed at forcing the employee to resign instead of being discharged could be just as unlawful as retaliatory discharge. If the California Labor Commission analyzes the employer’s conduct and decides that the behavior was particularly aimed at making the employee’s situation so bad that the employee would quit or fail to file for workers’ compensation benefits, the Commission could seek punitive damages from the employer.


Gilroy, CA workers' compensation lawyerWorking in a kitchen is one of the most physically demanding occupations, and kitchen work can be extremely dangerous. From sharp knives to hot grease and steam, kitchen employees face numerous potential workplace dangers. What can you do if you have been injured while working in a kitchen? An experienced California workers’ compensation lawyer can help you understand your rights as an injured worker and how to file a workers’ compensation claim.

Understanding Workers’ Compensation

If you have been injured while working in a kitchen—whether you work in a restaurant kitchen, an institutional or commercial kitchen, or any other type of kitchen—you may be entitled to workers compensation benefits. Workers’ compensation benefits in California are intended to provide financial assistance for medical bills, lost wages, and other expenses related to your injury.

To receive benefits, you will need to show that your injury occurred while performing work-related tasks. For example, a severe burn or knife cut that you sustained on the job would very clearly be work-related, while tripping and falling on your way into work might not be considered as such. It is important to keep detailed records of your injuries as well as any incident reports that were filed following the accident. You should also collect any witness statements or medical documents related to your injury.

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