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Recent Blog Posts
How an Unsafe Work Environment May Affect Workers’ Compensation
If you work under unreasonably unsafe conditions, you are far more likely to be injured on the job than you would be in other situations. This is an issue that can affect both people who work in high-risk occupations and those in traditionally safer jobs. Although there are legal and financial protections that you can take advantage of if you sustain work-related harm, these will not address the underlying safety issues that affect you and others. By not speaking up about working conditions that could be unsafe, you and your co-workers will remain in a position where you are likely to be harmed in potentially life-altering ways.
Workers’ Comp Benefits Are Helpful, but Limited
If you are an employee who works directly for an employer, you are likely entitled to workers’ compensation benefits in the event that you sustain harm while engaging in work-related activities. In California, most employees have the right to file a claim for benefits under these circumstances, as long as they are not rightfully classified as independent contractors or are employed in select specialty industries.
What Happens When Job Duties Aggravate a Pre-Existing Condition?
All too often, workers who have grounds upon which to file a legitimate workers’ compensation claim refrain from doing so. Sometimes, workers fear retaliation or harassment. Others are simply convinced that they will not be able to sufficiently prove their claim. This latter concern is often a factor for workers who already struggle with physical challenges and whose job duties aggravate or exacerbate those challenges. By failing to file a claim and continuing to strain their bodies in order to make a living, these workers may keep pushing on the job to the point where they can no longer work at all.
Pre-Existing Conditions Do Not Disqualify a Worker from Workers’ Compensation Eligibility
There is little question that it is easier to demonstrate that work-related injuries were caused by an onsite accident witnessed by co-workers than it is to prove that harm has been caused by the work-related aggravation of a pre-existing condition. However, simply because proving this kind of case can be challenging does not mean that it cannot be done successfully.
Workers’ Compensation Benefits for Harm Sustained Remotely
One of the most commonly misunderstood realities of workers’ compensation coverage is how far it extends. Most people, understandably, think of workers’ compensation benefits as compensation awarded to employees who sustain harm as a result of accidents in the workplace. Although such injury-related scenarios tend to be the easiest claims to prove, California workers’ compensation coverage extends to a host of other circumstances.
When Harm Occurs Off-Site
Workers’ compensation claims that are filed after someone is injured at their employer’s place of business tend to be easily proven due to the likely presence of witnesses and company surveillance footage. Yet, simply because claims for injuries sustained remotely are traditionally more difficult to prove does not mean that such harm does not render an injured worker eligible for benefits.
What Types of Car Accident Injuries Are Covered by Workers’ Comp?
Car accidents can happen at any time, and they can result in a variety of serious injuries. For those who drive as part of their job, the risks of accidents can increase because they spend more time on the road. When a car accident occurs while someone is working, they may be unsure about whether workers' compensation covers them. Fortunately, workers' comp provides benefits for any injuries that occur while an employee is working, as well as injuries arising from the work they performed. These benefits can help injured workers with medical bills, loss of wages, and other financial burdens that they may experience. Understanding the types of injuries that workers' compensation may cover can help employees ensure they receive the proper benefits following an on-the-job car accident.
Common Injuries in Work-Related Car Accidents
To receive workers' compensation coverage, a person will need to show that a car accident was work-related. Delivery drivers, construction workers, and others who operate vehicles on public roads during the course of their work will usually be eligible for benefits as long as an accident occurred while they were performing their job duties. Accidents that occurred while a person was commuting to or from work or while they were off the clock generally will not be covered by workers' compensation.
UPDATE: What Types of Workers’ Comp Benefits Can I Receive for Hearing Loss?
Originally published: October 18, 2021 -- Updated: May 18, 2023
Update: In addition to the issues described below, some workers may need to address concerns related to hearing loss that became worse due to conditions in their workplace. In cases where a person had a pre-existing condition, meaning that they already experienced some form of hearing loss before they began working for an employer or due to issues that were not related to their work, they may need to determine whether they can qualify for workers' compensation based on an aggravation of these issues.
While workers' comp will cover injuries or health issues that arose out of the work a person performed, there may be some question as to whether additional concerns related to hearing loss were work-related. For those who had some form of hearing loss, but their hearing loss became worse because of work-related factors, it will be important to demonstrate that the work they performed was responsible for the worsening of their condition. For example, a person may show that they were exposed to loud noises in the workplace and were not provided with sufficient hearing protection, and because of this, they experienced additional hearing loss.
How Long Will Workers’ Comp Pay Temporary Disability Benefits?
People who are injured while working are likely to have many questions about how they can receive the proper medical treatment and how they will be able to meet their financial needs while they are unable to work. Fortunately, workers' compensation benefits are available in most cases where an employee has suffered a work-related injury. For those who cannot work while recovering from their injuries, temporary disability benefits will provide them with financial resources. However, workers who receive these types of benefits may have questions about how much they will receive and how long the benefits will last.
Temporary Disability Benefits in California
If a work injury will prevent a person from working for at least three days, or if they spent the night in a hospital following a workplace accident, they can begin receiving temporary disability benefits. For those who are completely unable to work while recovering from their injuries, temporary total disability (TTD) benefits will pay a percentage of their lost wages. For those who are able to work at a reduced capacity while recovering and who are given the opportunity to work part-time or in a different position by their employer, temporary partial disability (TPD) benefits will pay a percentage of the amount their wages have been reduced by.
What Are the Most Common Causes of Injuries for Delivery Drivers?
Working as a delivery driver comes with its own set of challenges. With long hours of driving and carrying heavy packages, it is not surprising that delivery drivers are at risk of getting injured on the job. These injuries can result in significant medical bills, lost wages, and other issues that can affect workers financially while also impacting their professional and personal lives. By understanding the potential causes of injuries and their options for receiving workers' compensation benefits, delivery drivers can be prepared for these situations.
Reasons for Delivery Driver Injuries
There are numerous situations in which delivery workers may suffer serious injuries, including:
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Vehicle accidents - Delivery drivers spend a lot of time on the road, which makes them more likely to become involved in motor vehicle collisions. These accidents can occur because of the negligence of other drivers or errors made by delivery drivers, and they may involve factors such as distracted driving, speeding, or fatigue. Drivers can take steps to prevent accidents, including avoiding dangerous behaviors like speeding or texting while driving. Vehicles should also be well-maintained and equipped with all necessary safety features, such as seat belts, airbags, and anti-lock brakes.
Can I Get Permanent Disability Benefits After a California Work Injury?
Workplace injuries can happen to anyone at any time, and some injuries can be so severe that they may permanently affect your ability to return to work or pursue employment in jobs you have held in the past. While some injuries may result in total disabilities that prevent you from working at all, others may lead to partial disabilities that limit your employment opportunities. Fortunately, workers' compensation is available for people who suffer work-related injuries, and depending on the severity of your injury, you may be eligible for permanent benefits that will address disabilities caused by a work injury. By understanding how these benefits are addressed by the California Division of Workers' Compensation (DWC), you can take steps to protect your financial interests and move forward as you recover from your injuries.
When Can Shoulder Injuries Qualify for Workers’ Compensation?
Work-related injuries can happen to anyone at any time, including in workplace accidents or due to repeated use of different parts of the body. Shoulder injuries are a common occurrence in California workplaces, and they can affect workers in numerous ways. These injuries may require treatments such as surgery, medications, or rehabilitative therapy, and medical expenses can add up quickly. They can also affect a person's ability to work, resulting in a potential loss of income. Fortunately, workers' compensation is available for those who have suffered work-related injuries. By understanding the different types of shoulder injuries that can occur in the workplace, injured workers can make sure they are taking the correct steps to receive workers' comp benefits.
Common Work-Related Shoulder Injuries
Some types of shoulder injuries that can occur in the workplace include:
When Are Independent Medical Reviews Used in California Workers’ Comp Cases?
People who are injured while working will usually be able to receive workers' compensation benefits, which will address issues such as the costs of their medical treatment, the income lost while recovering from an injury, and job displacement. However, the process of obtaining workers’ comp benefits is not always straightforward. In some cases, disagreements may arise between an injured worker and their employer or an insurance provider over the medical treatments a person should receive. In such cases, independent medical reviews (IMRs) may be used by the California Division of Workers’ Compensation (DWC) to help resolve these disagreements.
What Is an Independent Medical Review?
An independent medical review is a process that is used to resolve disagreements between injured workers and workers' compensation insurance companies about the treatments that should be provided and whether certain treatments are medically necessary. In an IMR, a medical professional will review a request for treatment and medical records and documentation about a patient's condition and provide an opinion on whether the requested care is medically necessary.
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