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Recent Blog Posts
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.
California Bill Looks to Protect Workers from Dangers in Warehouse Workplaces
There are a number of dangers that warehouse workers are exposed to every day that expose them to high risks of being injured. For example, warehouse workers are around forklifts every day, but forklifts are also considered one of the biggest hazards to worker safety, responsible for more than 100,000 work accidents each year. Warehouse workers also suffer injuries because of conveyor belts, working on loading docks, storage of materials, and the manual lifting and handling of materials they are required to do.
As dangerous as working in a warehouse can be, data reveals that Amazon warehouse workers are especially at risk. This has led to lawmakers in California to take steps that would require Amazon to be more transparent about their practices and ban some of the policies Amazon currently has in place.
Major Growth of Amazon
There is no doubt over the past several years, Amazon has dominated online shopping, surpassing all of their competitors. That domination increased even more with the COVID-19 pandemic. With so many millions of people staying home and avoiding retail businesses, Amazon saw their revenue soar to $368 billion in 2020. The company also ended the year with 950,000 employees, the majority of those employees working in fulfillment centers. Amazon is the country’s second-largest employer, following Walmart, which is at number one.
Can the Use of Medical Marijuana Affect a California Workers’ Comp Claim?
Unlike some other forms of bodily injury insurance, workers’ compensation insurance is no-fault. This means that an injured worker’s claim cannot be denied even if the incident that caused the injury was caused by the employee’s own unintentional negligence. There are some exceptions to that rule, however. For example, if an employee was under the influence of alcohol or drugs at the time of the incident, the employer does have the standing to deny the claim.
But what happens if the employee has a medical marijuana card under California’s Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) and has been prescribed cannabis by their doctor to alleviate symptoms of a medical condition? Can a workers’ compensation claim be denied because of the employee’s use of medical marijuana?
California’s Medicinal and Adult-Use Cannabis Regulation and Safety Act
OSHA Issues Updated COVID-19 Guidance for the Workplace
On Friday, August 13, the Occupational Safety & Health Administration (OSHA) issued updated guidance for employers in order to help protect workers from COVID-19. The updated guidance was issued due to recent developments with the virus, as well as the latest information and guidance issued by the Centers for Disease Control and Prevention (CDC) in July.
Updated Guidance and the Delta Variant
During the first six months of this year, as the COVID-19 vaccines became available to more people, the number of COVID-19 workers’ compensation claims in California began to decrease. In June, the number of claims hit a 16-month low with just over 670 claims filed. However, in July, the number of claims spiked again, with more than 2,500 COVID-19 claims filed. This was almost equal to the total amount of claims filed in the state during the prior three months. It is estimated that when all valid claims for July are finally processed and approved, the total number will be closer to 4,000 claims for the month.
Outdoor Workers Face Injury Risks From California Wildfires and Smoke Exposure
In California, there have been 4,000 wildfire incidents so far this year. One of those fires, the Dixie fire, has been classified as the largest single wildfire in California’s history, burning for the past 26 days and already destroying almost 500,000 acres of property. As of this writing, the fire has been only 22 percent contained.
These wildfires put firefighters and other emergency workers at high risk of being seriously injured or killed, but the effects on California workers may be even more widespread. The state recently issued a warning to all California employers of the risk any employees who work outdoors may also be facing. If you develop an injury due to exposure to smoke, fire, or poor air quality in the course of your work, you may be entitled to workers’ compensation.
Will Workers’ Comp Cover Reactions to Employer-Mandated COVID-19 Vaccines?
While the arrival of the COVID-19 vaccines was looked at with relief by many in the U.S., almost as many voiced their opposition to getting the vaccine. Like many issues, the debate has caused a significant divide between the two groups. As the vaccines became more widely available, many people who wanted the vaccine got it. Recently, however, there has been a slowdown in the number of people who are getting vaccinated, and this has led some employers to issue mandatory vaccine policies. One question raised by these mandates is whether employees will qualify for workers' compensation benefits if they have adverse reactions to the shot.
Side-Effects of the Vaccine
There are currently three different COVID-19 vaccines being offered to the public. The Moderna vaccine is a messenger RNA (mRNA) vaccine and can be given to adults 18 years and older. Two shots are given, spaced 28 days apart. The Pfizer-BioNTech is also an mRNA vaccine and is available to anyone 12 years old and up. Two shots are given, 21 days apart. The Johnson & Johnson/Janssen vaccine is a viral vector one-shot vaccine and is available to adults 18 years and older.
From our office in Gilroy, CA we serve clients throughout Northern California including but not limited to San Jose, Santa Cruz, Salinas, Monterey, Watsonville, Morgan Hill, San Martin, Hollister, San Felipe, Dunneville, San Juan Batista, River Oaks, Sargent, Cottage Corners, Logan, Rucker, Santa Clara County, and San Benito County.
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