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Recent Blog Posts
California Workers’ Comp: Temporary and Permanent Disability Benefits
Being injured while on the job can lead to many difficulties, especially if a person is unable to return to work while they are recovering. If an injury is serious enough, it can permanently affect the types of work that a person can perform, and this can impact the income they will be able to earn during the rest of their career. Fortunately, a person who suffers an on-the-job injury will usually qualify for workers’ compensation benefits. However, navigating the process of filing a workers’ comp claim can be complicated, and it is important to understand how both temporary and permanent disability benefits will be handled in these cases.
Disability Benefits in CA Workers’ Compensation Cases
If an injury causes a person to miss more than three days of work, or if they need to spend the night in a hospital while receiving treatment, they can begin receiving temporary disability (TD) benefits. These benefits will provide two-thirds of the amount lost due to being unable to work. In total disability cases, a person will receive two-thirds of their pre-tax wages. In partial disability cases where a person can work part-time or at a lower wage while recovering, they will receive two-thirds of the difference between their pre-injury wages and the amount they are currently earning. Notably, TD benefits are calculated based on all of the income a person was able to earn before being injured, including hourly wages, overtime, salary, bonuses, tips, commissions, food and lodging expenses, and income earned from other jobs.
Can Truck Drivers Receive Workers’ Comp for On-the-Job Injuries?
Employees who suffer work-related injuries can receive workers’ compensation benefits that will address their medical expenses and loss of income due to temporary or permanent disabilities. These benefits may be available to truck drivers who suffer on-the-job injuries. However, a truck driver’s ability to receive workers’ comp may be affected by their classification as an employee or independent contractor. Those who have suffered injuries will want to determine their options for receiving benefits or other forms of compensation.
Legal Issues Affecting Workers’ Compensation for Truck Drivers
How to Protect Your Right to Workers’ Comp Following a Work Injury
There are multiple types of protections that apply to employees. Those injured in work-related accidents or who suffer health conditions because of their work have the right to receive workers’ compensation. A person will be eligible for these benefits no matter who was responsible for an injury. However, there are some cases where an employer or the company that provides them with workers’ compensation insurance may attempt to deny benefits by claiming that an injury was not work-related. If you have been injured in a workplace accident, or if you have suffered another type of work-related injury, you will want to make sure you take the correct steps to protect your right to receive workers’ compensation.
Steps to Follow After a Work Injury
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Report the injury to your employer - As soon as possible after being injured in a workplace accident or becoming aware of a work-related injury, you should inform your employer. You can notify a supervisor, a member of management, or a business owner. If you do not report an injury within 30 days after the injury occurred or after you discovered that work conditions affected your health, you may lose the right to make a workers’ compensation claim.
How Do Pre-Existing Conditions Affect Workers Compensation Benefits?
Anyone who has made an insurance claim is most likely familiar with the ways that a pre-existing condition can affect a case. Insurance companies may attempt to deny coverage because a person has previous injuries or existing health issues. This issue can also play a role in cases involving workers’ compensation insurance. An employer or their insurer may attempt to deny a claim by stating that a person’s injuries were not work-related but caused by a pre-existing condition. Injured workers will want to understand how to address these types of issues, and when they can make a workers’ comp claim based on the aggravation of a pre-existing condition.
Determining Whether an Injury Is Work-Related
Employees can receive workers’ compensation benefits for any injuries or illnesses that occurred due to the work they performed for an employer. In some cases, an employer or their insurer may claim that an injury occurred because of a person’s existing injuries or health issues rather than anything related to the work they performed. However, an injury or illness can only be considered a pre-existing condition if it was solely caused by an event that was not work-related or if it occurred outside of the work environment. If an injury or illness was partially caused by a pre-existing condition, the workers’ comp benefits a person can receive may be reduced based on the percentage of the injury that was related to their existing health issues.
3 Types of Tractor and Equipment Accidents That May Injure Farm Workers
There are many high-risk occupations where workers are at risk of being seriously injured. The agricultural industry is one of the most common sources of work-related injuries, and there are many ways that farm workers can suffer serious harm while on the job. Accidents involving tractors and other farm equipment can be especially dangerous, and workers who have suffered injuries in these types of accidents can work with an attorney to determine their options for receiving workers’ compensation benefits.
Common Tractor Accidents and Equipment-Related Injuries
Tractors are one of the most frequent sources of serious or fatal injuries on farms. Workers who are operating tractors or who are working near tractors or other equipment, such as harvesters and combines, may be injured because of:
What Types of Workers’ Comp Benefits Can I Receive for Hearing Loss?
Being able to hear correctly is crucial, and hearing loss can have a major impact on a person’s ability to perform work, as well as their daily life. As with other types of injuries, a person who suffers from work-related hearing loss may be able to receive benefits through workers’ compensation. In these situations, a person will need to understand when they will qualify for workers’ comp and the types of benefits they will be able to receive.
Noise-Induced Hearing Loss in the Workplace
Workers’ compensation benefits are available to those who suffered injuries or illnesses due to accidents in the workplace or because of the work they performed. In many cases, workers may suffer hearing loss because they are regularly exposed to loud noises while working. These issues may affect people who work around heavy equipment and machinery or in other noisy environments, including construction workers, factory workers, warehouse workers, agricultural workers, workers in the oil and gas industry, and those who are exposed to explosions or gunfire
Can I Receive Workers’ Compensation for a Work-Related Car Accident?
There are many different situations where a person may suffer work-related injuries. Accidents in the workplace, occupational diseases, or health conditions that a person experiences because of the work they have performed will usually qualify for workers’ compensation benefits. A worker who receives these types of benefits will have their medical expenses fully paid for, and they may also receive compensation to address part of the income they lost while recovering from their injuries. There may be some situations where a person is unsure about whether they qualify for workers’ comp benefits, including when they are involved in car accidents that are related to their work.
Car Accidents and Workers’ Comp Benefits
In almost any situation where a person is injured while working, they will be eligible for workers’ compensation. Injuries suffered in a car accident may qualify for workers’ comp if the person was working at the time of the accident. If a person was “on the clock” or was driving as part of their regular work duties, they will usually be able to receive workers’ compensation. However, workers’ comp generally will not cover accidents that occurred while a person was commuting to or from work, although exceptions may apply in some cases.
Study: California Food Industry Workers Face Highest Risk of Dying from COVID-19
There is no doubt that the COVID-19 has affected almost every area of Americans’ lives, including in the area of job injury and safety. Our firm has written numerous blog posts about the high risk of exposure many workers have to the virus, as well as posts regarding how the federal government, the state of California’s government, and employers are addressing the multiple COVID-19 issues workers face. But a recent study by the University of California has revealed just how vulnerable food service workers are.
Threats to Food Service Industry Workers
There have been multiple incidents from around the country regarding the incidents of violence many food service workers have experienced from customers upset about enforcement of COVID-19 restrictions many restaurants have in place. Just last week, in one story that went viral, a hostess at a New York City restaurant was attacked by three out-of-town tourists when she asked the guests to show proof they were vaccinated, per the restaurant’s policy. They responded to her question by punching her repeatedly in the face. This type of scene has played out over and over again in dining establishments across the U.S.
Violence in the Sky: Risk of Work Injury for Flight Attendants
Many people who choose the career path of a flight attendant do so because of the many fringe benefits that go along with the job, including free flight and travel opportunities, compensation and benefit plans, and flexible schedules. What many flight attendants likely did not bargain for was the high risk of violence from unruly passengers. A recent survey reveals just how common—and how dangerous—that risk has become. If you have been injured on the job as a flight attendant, by a violent passenger or some other cause, workers’ compensation benefits can provide financial relief.
Violent Passenger Incidents for Flight Attendants
The Association of Flight Attendants conducted a survey of 5,000 of their members and found that more than 85 percent of participants had dealt with some level of unruly passengers in the first half of 2021. As air travel has again begun to increase after last year’s pandemic travel restrictions were lifted, the number of incidents has spiked. Almost 60 percent of participants had dealt with at least five confrontations with passengers, and just under 20 percent had experienced at least one physical incident.
High Rate of Job Injuries in Construction Industry
There are more than 11 million workers employed in the construction industry in the United States. While working in the industry can be a lucrative career, it can also be a dangerous one. The construction industry has one of the highest rates of worker injuries and death. If you have been injured in a construction accident, a Santa Clara County workers’ compensation lawyer can help you get the workers’ compensation benefits you may be entitled to.
High Injury Rate
According to the Occupational Safety & Health Administration (OSHA), 1 in 10 construction workers sustain work-related injuries each year. Fall hazards are the leading cause of these injuries. Many construction site accidents are the result of the employer failing to provide the proper safety equipment and/or safety training that is necessary to keep workers safe.
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