Posted on March 21,2021 in Workers' Compensation

While some professions are more dangerous than others, a workplace injury can happen to anyone. Some work injuries are the result of a one-time incident such as a slip and fall or equipment-related accident. Other injuries are caused by months or years of repetitive stress on certain body parts. Whatever the cause, work-related accidents can incur a significant financial burden on injured workers and their families. Workers’ compensation is intended to relieve this financial burden, however, workers’ compensation is not available to all workers. Supporters of Senate Bill 216 say that the legislation is one step toward making workers’ compensation available to a greater number of California workers.

Supporters of SB-216 Say That Many Contractors Lie About Having Employees

California law requires employers to carry workers’ compensation insurance. However, contractors who do not have employees are exempt from this requirement. Of the nearly quarter-million contractors in California, over half report no employees. However, some believe that many of these contractors are lying. The author of SB-216, California State Senator Bill Dodd, has stated that contractors who falsely claim exemption increase the cost of workers’ compensation for others. This gives the contractors an unwarranted financial advantage over other contractors. Moreover, these falsifications leave injured workers without the protection they deserve. The costs associated with ambulance transportation, hospitalization, and ongoing medical needs resulting from a work injury can quickly add up to staggering amounts. When combined with lost wages from missed work, a serious work injury can nearly bankrupt an injured worker.

Continue Reading ››

 Posted on March 10,2021 in Workers' Compensation

It is hard to believe, but spring is just around the corner in Santa Clara. While many welcome the warmer weather, it is important to consider the effect that the heat can have on workers. Heatstroke, heat exhaustion, heat syncope, and heat cramps can affect both outdoor workers and indoor workers in high-risk occupations. According to the Centers for Disease Control and Prevention (CDC), approximately 700 heat-related deaths occur in the United States each year. Heat illness also leads to thousands of non-fatal injuries including injuries sustained because of fainting. Those who are hurt may be able to recover damages through a workers compensation or personal injury claim depending on the details of their case.

OSHA Guidelines for Safe Work Environments

California is known for its warm, sunny weather. Unfortunately, working in hot environments can lead to serious and even fatal injuries. The Occupational Safety & Health Administration (OSHA) states that 50 – 70 percent of heat-related fatalities occur during the initial days of working in warm conditions when the body has not yet acclimatized to the hot environment. OSHA has established guidelines for employers with workers in outdoor or indoor environments that involve hot environments, heavy physical activity, or heavy clothing. Workers in certain industries are often at particularly high risk of heat-related illnesses and injuries, including those who work in:

Continue Reading ››

 Posted on February 26,2021 in Workers' Compensation

This year has been unprecedented, to say the least, especially when it comes to safety in the workplace. As COVID-19 hit the United States, most businesses went fully remote, and almost one year later, many are still working from home. Those considered essential workers, however, were not given this option. Essential workers have been placed at a much higher risk of contracting COVID-19 than those who have been granted the benefit of keeping their job while also working remotely. The state of California recognized this and granted additional protective measures to those on the frontlines. With the vaccine now being administered, many workplaces are requiring their employees to get the vaccine before returning to work. Getting the vaccine may protect against COVID-19, but it has also left many with serious side effects and wondering if workers’ compensation is an option.

Continue Reading ››

 Posted on February 22,2021 in Workers' Compensation

Those who are injured at their workplace have certain rights outlined by the state of California, regardless of the nature of their position. There are a number of misconceptions about California’s workers’ compensation policy, including the assumption that this financial assistance is solely reserved for those in especially dangerous fields such as construction. It is important to have an understanding of your rights as you join the California workforce since a single injury can leave you in physical and financial disarray. 

1. What Should I Do If I Have a Work Injury?

After any type of injury, it is common to “wait it out” to see if reporting the injury or seeking medical treatment is truly necessary. Perhaps you slipped on wet floors or have a gash on your arm from improperly stowed tools and believe that your injuries are fairly minor. Regardless of the nature of your injury, you should immediately report the injury to your employer and seek medical treatment. This report will ensure that the nature of your injuries is recorded from the onset and prevent you from problems and delays in receiving benefits.

Continue Reading ››

 Posted on February 17,2021 in Workers' Compensation

Construction sites are some of the most dangerous work environments that exist. Workers must often work with hazardous materials, atop scaffolds and rooftops, and among heavy machinery and dangerous equipment. It is for these reasons that construction workers suffer catastrophic injuries and fatalities at much higher rates than workers in other professions. If you or a loved one were injured while working at a construction site in California, it is essential to know your rights. You may be entitled to compensation by filing a workers’ compensation claim as well as through a third-party claim.

Workers’ Compensation for Construction Accidents

The Occupational Safety & Health Administration (OSHA) lists falling, being struck by objects, electrocution, and caught-between accidents as the top four causes of fatal construction site accidents. Traumatic events often lead to severe injuries on construction sites; however, repetitive stress injuries that develop over time are also commonly suffered by construction workers. Back and spine injuries are typically caused by repetitively lifting objects, working in awkward positions, or uneven weight distribution on tool belts. California workers’ compensation covers traumatic injuries in addition to repetitive motion injuries.

Continue Reading ››

 Posted on February 03,2021 in Workers Compensation

When people think about workers’ compensation injuries, they often imagine sudden injuries that occur in a fall or other traumatic accident. However, accident-related injuries are not the only types of injuries covered by California workers’ compensation. Individuals suffering from repetitive stress injuries or repetitive motion injuries may also be entitled to compensation. Office workers are often vulnerable to injuries caused by typing and other office work. However, it is sometimes difficult for injured office workers to receive the compensation they deserve.

Carpal Tunnel Syndrome and Other Repetitive Motion Injuries

The most common office-related repetitive stress injury is carpal tunnel syndrome. Typing on a computer keyboard, filing, and other office tasks require repetitive hand and wrist motions. This can put too much pressure on the median nerve and can cause painful symptoms including numbness, tingling, weakness, and pain. Medical conditions such as diabetes, rheumatoid arthritis, and thyroid disorders increase a worker’s chances of developing carpal tunnel syndrome. According to the Bureau of Labor Statistics, the median number of workdays missed due to carpal tunnel is 27. Cervical radiculopathy, ganglion cyst, tendonitis, De Quervain's Disease, and bursitis are other repetitive stress injuries that may be caused by office work.

Continue Reading ››

 Posted on January 20,2021 in Workers' Compensation

Unlike in many other states, workers' compensation is mandatory for all employers in California. It does not matter if an employer has hundreds of employees or only one. It also does not matter if the injured employee was working full-time or part-time. Typically, self-employed individuals are not covered by the hiring entity’s workers’ compensation insurance. However, workers who have been misclassified as independent contractors may actually fall under the category of employee, which means that they would be entitled to coverage through workers’ compensation.

Individuals Who Are Not Covered by Workers Compensation in California

California has wider-reaching workers’ compensation coverage than many other states. However, there are still some individuals who are not covered by workers’ compensation, including:

Continue Reading ››

 Posted on January 06,2021 in Workers' Compensation

Losing a relative in an unexpected work accident is a devastating experience to go through. If your spouse has recently passed away due to injuries he or she sustained on the job, you may still be figuring out what to do next. In the midst of your grief, you may also be trying to determine how you will make ends meet without your loved one’s financial support. In California, if a worker is injured in an on-the-job accident, the worker is typically entitled to financial compensation through workers’ compensation. If an employee is killed in a work accident, the worker’s dependents are usually entitled to compensation called death benefits. However, obtaining the compensation you need and deserve after losing a loved one in a work accident is often more complicated than many expect.

Continue Reading ››

 Posted on December 30,2020 in Workers' Compensation

Not every workplace injury is sudden or caused by a specific event. Sometimes, injuries sneak up on workers gradually and develop over time. Repetitive exposures or activities on the job often lead to these conditions.Though many workers do not realize it, some are still entitled to workers' compensation benefits due to these injuries. A Santa Clara County or Gilroy, California workers' comp attorney can help you determine if you qualify. But first, you need to determine if you have one of these often overlooked workplace injuries.

Do I Have a Commonly Overlooked Workplace Injury

When an injury develops over time, workers and employers often overlook them. A few commonly overlooked work injuries include:

• Hearing loss. The National Institute for Occupational Safety and Health (NIOSH) claims that hearing loss is prevalent in noise-exposed industries. This can include jobs in construction, agriculture and forestry. Dangerous noise levels can damage eardrums, the bones in the ear or cause tinnitus. According to the National Institute on Deafness and Other Communication Disorders (NIDCD), recurrent exposure to noise at 85 decibels or higher can cause hearing loss.

  Continue Reading ››

 Posted on December 30,2020 in Workers' Compensation

The COVID-19 pandemic impacted the majority of California workers significantly. Millions of people lost their jobs. Millions more worked from home during the statewide stay-at-home order. However, the government classified many employers as essential businesses. This forced many people to continue working despite the coronavirus pandemic. Examples of essential workers include:

• Nurses
• First responders
• Maintenance workers
• Warehouse employees
• Farm workers
• Grocery store workers
• And more

Were you one of these essential workers employed in Santa Clara County, San Benito County, Santa Cruz County or Monterey County If so, then you may have many coronavirus-related questions. For example, can you recover workers' compensation benefits after contracting COVID-19 on the job A recent Executive Order by Governor Newsome makes it easier for you to do so.

Continue Reading ››