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Recent Blog Posts
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.
Workers’ Compensation Mistakes That Reduce Your Chances of Getting the Compensation You Deserve
Work injuries and illnesses can happen to anyone. Traumatic accidents like an equipment malfunction, fall, or trench collapse can lead to sudden, catastrophic injuries. Repetitive motions like bending, twisting, or typing can lead to repetitive stress injuries like carpal tunnel syndrome. Illnesses and diseases such as contact dermatitis and even cancer may also be a result of work environments. If you have suffered a work-related medical concern, you may be thinking of filing a workers’ compensation claim and recovering financial compensation. If so, make sure to avoid the following mistakes.
Common Mistakes When Filing a Workers’ Compensation Claim
Any employer with one or more employees is required to carry workers’ compensation insurance. This insurance is used to compensate an injured worker for medical bills and part of their lost income. Unfortunately, getting an adequate workers’ comp payout is not always easy. The following mistakes can make it even harder to get the compensation you need:
Is It Possible To Receive Workers’ Compensation If You Already Have A Disability?
When you have been injured while on the job, workers’ compensation can help to cover your medical bills, lost wages, and other related expenses. Many work injuries result in temporary or even permanent disability. But what happens when someone who already had a disability is injured on the job? Millions of people who suffer from disabilities are still able to work. Are they also entitled to workers’ compensation benefits? If you or a loved one believes that you have a workers’ compensation claim in California, it’s imperative that you understand your rights.
The good news is that those who had a pre-existing disability prior to their work injury are generally still eligible to receive compensation benefits. However, these benefits come from an alternate source: the Subsequent Injuries Benefits Trust Fund (SIBTF). The SIBTF helps to compensate those workers who already had an impairment or disability at the time of their workplace injury. However, there are some requirements.
What Types of Workplace Heat Illnesses Qualify for Workers’ Comp?
During the summer of 2021, California and many other parts of the United States have experienced record-breaking temperatures. This extreme heat has put many people at risk, especially those who work outdoors, around hot equipment, or in buildings without environmental controls. Employers are required to take the necessary measures to prevent heat illnesses for workers, including ensuring that they have sufficient water and access to shade. However, workers in high-risk occupations or others who experience extreme heat may still suffer heat-related injuries or illnesses. Whether this occurred because an employer did not take the proper safety precautions or for other reasons, employees can receive workers’ compensation benefits for any health issues that occurred because of the work they performed.
Common Heat Illnesses in the Workplace
Can I Receive Workers’ Comp if My Employer Was Not Insured?
Employees who are injured while working are eligible to receive workers’ comp benefits. Employers in California are required to maintain workers’ compensation insurance, which will provide coverage for the medical expenses related to an employee’s injury, as well as disability benefits that address a temporary or permanent loss of income. However, if an employer does not maintain the required insurance coverage, an injured worker may be unsure about their options for receiving workers’ compensation benefits. In these cases, a person will need to work with an attorney to ensure they follow the correct steps to receive the benefits they deserve.
Workers’ Comp Benefits for Employees of Uninsured Employers
What Role Do Union Welfare Funds Play in Workers’ Compensation Cases?
Most employees who are injured while working or who have suffered negative health conditions because of their jobs will qualify for workers’ compensation benefits. These benefits will ensure that a person receives the necessary medical care, and they can also help address a person’s loss of income due to a temporary or permanent disability. In addition to these benefits, union workers may have other options for receiving assistance, including payments made through a union welfare fund.
What Is a Union Welfare Fund?
Unions allow workers to utilize collective bargaining to ensure that they have certain rights and benefits. Collective bargaining agreements may address wages, work schedules, paid leave, and rules that apply to employers and employees. Workers who join a union and receive these benefits will usually be required to pay union dues. These dues may be put toward a union welfare fund that provides different types of benefits for union members.
What Are Supplemental Job Displacement Benefits?
A workplace injury can affect a person in many ways. Fortunately, workers’ compensation benefits are available to provide injured workers with financial assistance while they are recovering, and workers’ comp will also pay for all expenses related to medical treatment for an injury. In many cases, a person can receive temporary disability benefits while their injury has limited their ability to work. Once they have fully recovered, they can return to work. However, if a person will be unable to return to their former position, they may be able to receive permanent disability benefits, as well as supplemental job displacement benefits that will allow them to find work that fits their limitations.
How Are Medical Benefits Handled in California Workers’ Comp Cases?
When people suffer work-related injuries, they are generally eligible for workers’ compensation benefits. Medical costs related to a work injury, disease or illness contracted while working, or a health condition that was caused by the work a person performed should be fully covered. However, there are a variety of requirements that must be met during treatment, and some limitations may apply. Injured workers will want to make sure to understand their rights and the procedures that will be followed as they receive treatment, and they may need to work with an attorney to make sure they receive the medical benefits they deserve.
Medical Care Covered by Workers’ Compensation
When doctors or other medical professionals provide treatment covered by workers’ comp, this treatment must be evidence-based. It must be scientifically proven to be an effective treatment for the injuries that a person experienced while working or due to their work. The California Department of Workers’ Compensation (DWC) maintains a set of regulations known as a medical treatment utilization schedule (MTUS). This schedule provides guidelines for appropriate treatments for different parts of the body, including those related to post-surgery pain treatment and therapy, as well as acupuncture.
What Types of Back Injuries Qualify for Workers’ Compensation?
There are multiple types of injuries that a person may suffer in the workplace or because of the work they have performed. Back injuries can be very painful, and they can limit a person’s movements and their ability to bend over and lift objects, affecting the work they can perform. Because of this, workers who suffer back injuries will want to determine whether they can receive workers’ compensation.
Common Types of Back Injuries
An injury may affect a person’s backbone and spinal cord, or they may experience injuries to the muscles and ligaments in the back. These injuries may include:
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Strains and sprains - Back muscles and ligaments may be injured because a person attempted to lift an object that was too heavy, because they twisted their back into an unnatural position, or due to ongoing strain to the back muscles. In many cases, these injuries require a person to rest and refrain from strenuous activities for several days. A person may also need to take anti-inflammatory medications.
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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