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Recent Blog Posts
Federal Spotlight Placed on Warehouse Worker Safety
While any worker, regardless of their occupation or the location of their employment, can sustain harm while on the job, it is undeniable that some working conditions are more hazardous than others. Traditional high-risk occupations include construction work, commercial fishing, policing, logging, mining, and work within various transportation industries.
As the nature of the American economy changes, some occupations are becoming increasingly classified as high-risk by industry insiders and regulators alike. For example, as more shopping and supply sourcing occurs online, warehouses and delivery fleets are supplementing – and, in some cases, outright supplanting – brick and mortar retail. The trucking industry and road safety matters are highly regulated. However, regulators are increasingly paying necessary attention to the challenging circumstances under which warehouse workers across the U.S. are operating.
Employees Can Receive Workers’ Compensation for Heat-Related Harm
When you think of the word “injury,” what comes to mind? Most people tend to think of broken bones, internal bleeding, bruising, and trauma. Yet, the concept of injury – at least, as it pertains to workers’ compensation coverage and benefits – extends beyond physical conditions. Work-related injuries that may qualify a worker for benefits can range from repetitive trauma to the aggravation of pre-existing conditions. Even heat-related conditions that manifest symptoms commonly associated with illness are covered as injuries per workers’ compensation law.
When It is Too Hot, Workers Get Hurt
In mid-July, Cal/OSHA issued a press release reminding employers to safeguard their workers from heat-related illness and injury as heat waves grip the state. Cal/OSHA Chief Jeff Killip made it clear that his team is focusing significant efforts on protecting workers and holding employers accountable for failing to take proper heat-related precautions in occupations as varied as warehouse work, construction, and landscaping.
Workers’ Compensation for Autoimmune Challenges
All too often, the workers’ compensation system is portrayed as a way to secure benefits after suffering an injurious accident on the job. While it is possible to successfully pursue benefits under these circumstances, the workers’ compensation system in California serves workers in more than just this narrow way. Generally speaking, any time an eligible worker sustains physical harm while engaged in employment-related activities, they qualify for benefits. Thai means that if you have an autoimmune condition that has developed, or been aggravated, accelerated, or reactivated by work-related activity, you may be eligible for benefits at this time.
The Challenging News
The workers’ compensation system is not fault-based. The primary concern of workers’ compensation claims adjusters is whether someone’s harm was caused by their employment. Unfortunately, because autoimmune conditions can develop or be exacerbated for many reasons, it can be challenging to prove that someone’s autoimmune-related harm was caused specifically by their employment. As a result, a strong claim supported by medical evidence is required before benefits related to autoimmune challenges will be approved.
How Age, Job Classification, and Documentation Affect Workers’ Compensation Eligibility
California has some of the strongest workers’ rights laws in the country. Therefore, it should not necessarily be surprising that the state broadly protects the rights of most employees – whether part-time or full-time – to pursue workers’ compensation benefits in the event that they are hurt or become ill while engaged in work-related activities. Yet, due to a variety of factors, including employers that would rather not make these protections widely known or understood, many workers are unaware of this particular legal protection. Some are even led to believe that they are ineligible for benefits due to their age, immigration status, or another fundamental aspect of their identity as a worker.
Eligibility for California Workers’ Compensation Benefits
Because California seeks to protect as many workers as possible, there are no workers’ comp coverage exemptions for small businesses, as there are in many other states. In California, unless a business is part of a handful of specialty industries – including many maritime and railroad operations – it is required to carry workers’ compensation coverage, even if the business only employs one individual. Each employee, regardless of their age, status as a temporary, seasonal, part-time, or full-time worker, and regardless of whether they are documented or undocumented, is eligible for workers’ compensation benefits.
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.
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