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. 

Noise-induced hearing loss often involves damage to the hair cells in the inner ear that process sound vibrations and turn them into signals that are sent to the brain. When these cells are damaged, they will not grow back, and a person’s hearing will be permanently affected. The symptoms of this type of hearing loss may include difficulty hearing high-frequency sounds or understanding speech. A person may also experience pain in their ears or suffer from tinnitus, which involves ringing or whooshing sensations in the ears that make it difficult to hear other sounds.

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.

As with other types of work injuries, fault for a car accident usually will not affect a person’s eligibility for workers’ compensation. Even if a person was responsible for a collision, they will still be able to receive benefits that address a work-related injury. However, there may be some situations in which a person’s actions will make them ineligible for workers’ comp. For example, a person may not be able to receive benefits if they were under the influence of alcohol or drugs at the time of a collision.

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.

However, it is not violent customers that put food service workers most at risk. According to the California study, food service has become one of the most dangerous industries during the pandemic because of the high rate of workers who have died from COVID-19. That rate of death is higher than almost any other industry.

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.

Some of the more common incident types reported by flight attendants included:

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.

A recent contractor risk report compiled by insurance company AmTrust Financial Services reveals that workers who are employed by construction contractors who have been in business for less than four years make up 75 percent of construction industry workers’ compensation claim benefits that are paid out to injured workers. The report analyzed 26,000 claims that were filed over a 10-year period. California and Florida construction site accidents made up almost half of all the claims that the insurance company compiling the report paid out during the analyzed time period.

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.

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

Under MAUCRSA, there are a variety of medical conditions that have been approved for medical cannabis use, including AIDS, cancer, arthritis, glaucoma, chronic pain, and seizures. A doctor needs to make a recommendation for cannabis use and specify the condition being treated in order for the person to apply to the state and obtain a medical marijuana card. But this type of recommendation is different from many other types of medical prescriptions because marijuana–even for medical use–is still illegal at the federal level.

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.

The spike in COVID-19 cases here in California and around the country is being attributed to the Delta variant, which is now the predominant strain of the coronavirus in the U.S. The CDC has stated that this variant is more infectious and more transmissible than other variants, even for people who are fully vaccinated, which is why they issued updated guidance for both vaccinated and unvaccinated people.

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.

Dangers of Wildfire Smoke to Outdoor Workers

The smoke that is produced in wildfires contains fine particles, chemicals, and gases that can cause injury or illness to anyone working outdoors. One of the most dangerous hazards is known as particulate matter, or PM2.5, which can impair a worker’s lung functioning, worsen asthma and other respiratory conditions, and worsen heart conditions. Workers exposed to these particles can suffer from wheezing, coughing, and difficulty breathing.

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.

Many people who get the vaccine have mild side effects, more so after the second dose. These side effects occur within three days of receiving the vaccine and usually last one to two days. The more common side effects include:

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:

• Not following your company’s policies for reporting an accident or injury - Some injured workers do not realize how badly injured they are until hours or days after the accident. If you are hurt at work, always report the injury right away – even if you think your injuries are minor.

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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.

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

Health issues resulting from extreme heat can vary in severity depending on factors such as the level of heat a person is exposed to and their underlying health conditions. These illnesses may include:

• Heat stroke - If a person is unable to regulate their body’s temperature and cool off properly, they may overheat to temperatures of 106 degrees Fahrenheit or more. This can lead to confusion, slurred speech, seizures, and loss of consciousness. If the proper emergency medical treatment is not provided, this illness can lead to permanent disabilities or death.

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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

If an employer does not have workers’ compensation insurance, an injured employee can still receive benefits through the Uninsured Employers Benefits Trust Fund (UEBTF). However, these benefits are not provided automatically, and an employee will need to follow certain procedures when making a workers’ compensation claim through the UEBTF. They will need to do the following:

1. File a workers’ compensation claim form (DWC-1, Employee’s Claim for Workers’ Compensation Benefits) with their employer. Three copies of this form must be mailed or hand-delivered to the employer, and the employee should keep a copy for their own records.

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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.

Many union welfare funds provide health insurance plans, life insurance, and other benefits for workers. These funds may also provide disability benefits for those who have suffered workplace injuries or other health issues that affect their ability to work. An injured union worker may receive a stipend to help them address the loss of income due to an injury, or short-term or long-term disability benefits may be available to be paid on a weekly or monthly basis. In some cases, unemployment benefits may be available for union workers who are unable to return to their previous jobs after being injured, or a person may receive pension benefits if their injury forces them to take an early retirement. A union welfare fund may also provide benefits to the dependents of a worker who was killed in a work-related accident.

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.

SJDB Vouchers and the Return-to-Work Supplement Program

If a work injury has resulted in a permanent partial disability that has caused a person to experience limitations on the types of work they can perform, and they will be unable to return to work for their former employer, they can receive benefits that will allow them to obtain education or training and pursue employment in a new position. 

Supplemental job displacement benefits (SJDB) are available if an employer does not offer regular work equivalent to their former position or modified work in alternative positions that fit limitations that apply to the person due to their disability. A person will qualify for these benefits if they do not receive an offer from their employer of a position that will last for at least 12 months and pays at least 85 percent of the person’s wages before their injury.

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.

A DWC claims administrator must authorize all forms of medical treatment, and they will perform a utilization review (UR) to ensure that a planned course of treatment is medically necessary. The UR will determine whether treatment recommended by a doctor falls within the guidelines of the MTUS. If the recommended treatment is not included in the MTUS or goes beyond the guidelines, the doctor must provide evidence to the claims administrator showing why this treatment will be necessary and demonstrating its effectiveness. 

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:

• 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.

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People who suffer work-related injuries are eligible for workers’ compensation benefits. These benefits cover the costs of medical care, and if an injured worker is required to miss work or suffers a loss of income, they may also receive disability benefits. While temporary disability benefits will apply in situations where a person cannot work or can only work at a reduced capacity for a short period of time, permanent disability benefits may be available for those who have suffered permanent impairments to their ability to earn an income. However, the process of determining the amount an injured worker can receive in permanent disability benefits can be complicated, and it involves the calculation of a PD rating.

How Is a PD Rating Determined?

Before a person can qualify for permanent disability (PD) benefits, a doctor will need to determine that they have reached the point in their treatment where their medical condition is permanent and stationary (P&S). This is also known as maximum medical improvement (MMI). At this point, the doctor will send a report to the Department of Workers’ Compensation (DWC) that specifies the person’s level of impairment using an “impairment number” while also noting whether there were any non-work-related factors that contributed to the impairment.

The DWC’s Disability Evaluation Unit (DEU) will review the doctor’s report and use the impairment number to calculate the person’s percentage of disability. This will indicate the amount of loss of their bodily or mental functions that would affect their ability to return to working in the position they held before being injured. This percentage may then be reduced based on the amount of the disability that was the result of any issues unrelated to the work a person performed. The resulting amount is known as the PD rating, which will be used to determine the total amount of benefits the person will receive for their permanent disability.

In California, employees who are injured on the job are entitled to reimbursement for medical expenses and part of their lost income through workers’ compensation. With some exceptions, anyone who is hurt while performing work tasks is eligible for workers’ compensation or “workers’ comp.” However, some workers’ compensation claims are denied. If you or a loved one applied for workers’ compensation and were denied, a workers’ compensation lawyer may be able to help.

When is a Worker Not Entitled to Workers Compensation?

California workers’ compensation is extensive and covers most individuals. However, there are some exceptions to this generality. For example, if you work in exchange for housing or other aid instead of wages, you do not qualify for workers’ compensation. Individuals who are employed by their parent, spouse, or child in a family business may also be excluded from workers’ compensation. You do not qualify for workers’ compensation if the injury was not related to your job or it occurred when you were off the clock.  

Only workers who are classified as employees are entitled to workers’ compensation. So, if you are an independent contractor, you may not receive reimbursement for your medical expenses or lost income. That being said, many workers who are classified as independent contractors should be classified as employees. A workers’ compensation attorney can help you determine if you have been misclassified.