Free Consultation408-848-1113
7459 Monterey St., Suite A, Gilroy, CA 95020
Recent Blog Posts
President Biden’s Proposal on Extreme Heat and Workers’ Compensation
There are many different ways workers can be injured at their jobs. Whether they are injured due to faulty equipment, insufficient training, or an unsafe work environment, they are generally entitled to workers’ compensation benefits. These are intended to cover the costs of recovering from work-related injuries. Recently, President Biden submitted a proposal to increase protections for people who work in extremely hot conditions. This is especially relevant here in California, where extreme heat is a serious concern for many workers. If you have questions about whether your workplace is following the rules, speak with a knowledgeable Gilroy, CA workers’ compensation attorney to find out more.
What Is in the New Proposal?
It can be dangerous to work in extreme heat. You could suffer serious health issues like heat exhaustion, heat stroke, or dehydration. These conditions can be life-threatening and can seriously affect your health and safety. President Biden’s new proposal is designed to protect workers from these risks by setting stricter rules about working in hot environments.
Workers' Compensation Claims for California Hospital Workers
Employees in every industry face different risks of injury and harm based on the nature of their work. Hospital workers are no exception and are entitled to workers’ compensation when they are hurt. They face a significant risk of getting injured at work, especially because they deal with diseases and hazardous materials and need to medicate and even lift sick patients. If you got hurt while at your hospital job, speak with a qualified San Benito County, CA workers’ compensation attorney who can help you navigate the claims process and advocate for maximum compensation.
Common Injuries Among Hospital Workers
Hospital workers are at risk for facing many types of injuries, due to the unique nature of the work they do. Some of these are:
- Musculoskeletal injuries: Lifting, transferring, and repositioning patients can lead to back strains, shoulder injuries, and other disorders.
Workers’ Comp for Carpal Tunnel When Working From Home
Not so long ago, it was safe to assume that you could find a typical full-time employee in her office from Monday to Friday. You could expect to sit in your designated workspace for about 40 hours per week. While some more flexible companies have offered hybrid and remote arrangements for years, the COVID-19 global pandemic drastically changed how employers and employees think about work. Nowadays, it is almost surprising when someone needs to go into their office every day that they work.
Office workers are generally eligible for workers’ compensation for injuries and conditions like carpal tunnel syndrome (CTS). What happens when you develop a condition like that while working from home? If you have a hybrid or fully remote job and were injured at home while working, speak with a seasoned Gilroy, CA workers’ compensation lawyer who can explain your options.
Can I Get California Workers’ Compensation for Workplace Stress?
Most workers are aware they are entitled to receive workers’ compensation benefits following a workplace injury or illness. In some states, a worker whose job has caused them emotional or mental trauma, including stress, anxiety, PTSD, and depression, can also receive workers’ compensation benefits.
Some states do not allow workers’ compensation benefits for mental trauma under any circumstances, while others may require an accompanying compensable physical injury. Although a psychological workplace injury may be allowed in some states, it will be denied when the injury results from a good-faith disciplinary action. California allows workers’ compensation claims for mental health issues when the worker has sufficient evidence to prove the issue is work-related.
Mental health issues are just as real as physical injury and trauma. When a work situation has been so toxic that conditions like stress, anxiety, and depression result, workers’ compensation should cover necessary treatments and time away from work. Having an experienced Hollister workers’ compensation attorney to answer questions and act as a guide throughout the process is essential. A skilled workers’ compensation attorney will ensure the worker’s rights are fully protected throughout the claim process.
Are Construction Workers Entitled to Workers’ Compensation?
Wages and benefits resulting from a job are meant to provide workers with economic stability and insurance coverage in the event of a workplace accident. Every state except Texas mandates that employers must carry workers’ compensation insurance. Yet many employers try to circumvent these rules by misclassifying employees as independent contractors.
This misclassification deprives workers of core rights and protections while shifting costs and risks to workers who may barely be getting by financially. It is estimated that between 10 and 30 percent of all employees are misclassified as independent contractors.
Construction workers are often misclassified as independent contractors, even though they meet virtually none of the requirements. Following a workplace accident on a construction site, a construction worker may be told they are not covered by workers’ compensation.
How Do You Apply for a Workers' Comp Appeal?
Trying to navigate California's workers' compensation system can be challenging, especially when your initial claim is denied. Understanding the appeal process is crucial for protecting your rights and securing the benefits you deserve. A California lawyer will walk you through the steps of applying for a workers' compensation appeal.
Find Out the Reason for Denial
Before initiating an appeal, review the denial letter carefully. Common reasons for denial include:
- Missed deadlines.
- Disputes over the injury's work-relatedness.
- Insufficient medical evidence.
- Employer contestation of the claim.
Identifying the specific reason for denial will help you prepare a stronger appeal.
The Appeal Process
The appeal process begins with filing an Application for Adjudication of Claim with the Workers' Compensation Appeals Board (WCAB). This form officially opens your case with the WCAB. File it within one year of your injury date or last benefits payment, and submit it to the WCAB office in the county where you live or where the injury occurred. Include all relevant documentation, such as medical reports and employment records.
Discrimination in Workers’ Compensation Claims
Discrimination in workers’ compensation claims is a serious issue that can have significant consequences for injured workers. If you believe that you have been subjected to discrimination during the process of filing a workers’ compensation claim in California, it is helpful to understand your rights and take appropriate action. A California lawyer can guide you in recognizing discrimination in your case and the steps you can take to protect your rights.
How to Recognize Discrimination in Your Case
Discrimination in workers’ compensation claims can take many forms. Some common examples include:
- Denial of benefits based on race, gender, age, or other protected characteristics
- Retaliation for filing a claim, such as demotion, termination, or harassment
- Falling short in providing reasonable accommodations for a disability resulting from a work-related injury
How to Increase Your Chances of Getting Workers' Compensation for Hearing Loss
You may be eligible for workers' compensation benefits if you experience hearing loss due to your job. However, navigating the claims process can be challenging. To improve your chances of receiving the compensation you deserve, consider following the advice of a California lawyer.
Document Your Exposure to Loud Noise
One of the most crucial aspects of a successful hearing loss workers' compensation claim is demonstrating that your hearing loss is work-related. Keep a detailed record of your exposure to loud noise on the job, including the dates, times, and duration of exposure. If possible, measure the noise levels using a decibel meter or ask your employer to provide noise level data.
Get a Professional Hearing Evaluation
To prove the extent of your hearing loss, you should undergo a professional hearing evaluation by a licensed audiologist or ENT (ear, nose, and throat) specialist. Make sure to inform the medical professional that your hearing loss is connected to your work, which will be significant for your claim. Keep copies of all medical records and test results related to your hearing loss.
What Union Workers Need to Know About Job Injuries
Being a union worker comes with many protections and benefits, but workplace injuries can still happen. If you get hurt on the job, you should understand your rights under California’s workers’ compensation system. A California lawyer can share some key information that can benefit you as a union worker.
Report Your Injury Right Away
No matter how minor an injury may seem, always report it to your supervisor or union representative immediately. California law requires notifying your employer within 30 days, but it is best not to wait that long. Prompt reporting helps document what happened and protects your eligibility for workers’ comp benefits. Do not brush off aches, pains, or “small” injuries, as these can worsen over time.
See a Doctor You Trust
After reporting the injury, your employer should offer you a workers’ comp claim form and authorize medical treatment, even if they are unsure the injury is work-related. In an emergency, get care right away. Otherwise, find out if your employer has a Medical Provider Network (MPN) for work injuries. With most MPNs, you can choose your own physician after the first visit. If there is no MPN, you have more flexibility in selecting a treating doctor. Choose someone you are comfortable with who has experience treating your type of injury.
Work Injuries Caused by Equipment Failure
Workers in all types of jobs can find themselves trying to recover from injuries caused by accidents at their workplace. Some jobs have a higher risk of injury, like firefighters, professional athletes, and shooting range workers. Others have a seemingly lower risk, including office workers, music teachers, and call center phone operators. Regardless, every single job on the planet has some degree of risk of injury because every job has its own environment and other factors that can influence workplace safety. One common cause of significant workplace injury that could result in granting the injured employee workers’ compensation is equipment failure. If you were injured at your work because of faulty equipment, speak with a skilled Morgan Hill, CA workers’ compensation attorney to understand your rights and options.
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.
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
