Posted on February 02,2023 in Workers' Compensation

In the state of California, employers are prohibited from retaliating against employees who file workers' compensation claims. This means that employers cannot punish employees for filing a valid, good-faith claim or attempt to discourage employees from filing in the first place. It is important to understand what constitutes retaliation and what legal remedies are available to those who have been subjected to it. If you have recently filed a workers’ compensation claim and you believe that your employer is retaliating against you, an experienced work comp lawyer can help you explore the possibility of taking legal action.

What Is Retaliation?

Retaliation occurs when an employer takes adverse action against an employee because the employee has exercised their legal right to file a workers' compensation claim. Adverse actions can range from verbal abuse or threats to physical harm or termination of employment. This type of behavior by employers is illegal and may be subject to criminal and civil penalties, as they can have a significant impact on an employee's ability to earn a living wage and support themselves and their family.. Employers should not retaliate against employees who have filed a workers' compensation claim as it can be considered a form of discrimination.

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 Posted on January 26,2023 in Workers' Compensation

If you drive a truck or make deliveries for a living, you know that your job comes with certain risks. You could be injured on the job in an accident, from overexertion, or even from another person’s negligence. With this in mind, it is important to identify the common causes of injury and to understand when workers' compensation is available for your injuries. If you have recently been injured and are not sure if you have a case, a qualified workers’ compensation lawyer can help you determine your best course of action.

Common Causes of Injuries for Delivery Personnel and Truck Drivers

There are numerous ways in which delivery people and truck drivers can be injured on the job. A few of the most common causes include:

Overexertion

This occurs when a delivery person or truck driver strains their body by using too much force when lifting, pushing, pulling, throwing, carrying, or other similar activities. Overexertion can cause sprains and strains in muscles and ligaments.

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 Posted on January 20,2023 in Workers' Compensation

Doctors, nurses, nurse practitioners, medical assistants, and other healthcare workers spend their days keeping others safe, so it may come as a surprise to learn that healthcare workers report more workplace illnesses and injuries than workers in any other industry. Medical workers often work long hours doing physically demanding jobs like lifting and transferring patients. They also regularly work with and in close proximity to hazardous biological materials and dangerous chemicals.

Healthcare workers who are injured in the course of performing their jobs are typically entitled to workers’ compensation benefits. Under workers’ compensation law, injured employees can receive financial compensation for their medical expenses and part of their lost income. If you or a loved one in the healthcare field suffered a workplace injury or illness, a workers’ compensation lawyer can help you understand your rights and options.

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 Posted on January 12,2023 in Workers' Compensation

If you work in a noisy environment, you may be exposed to loud sounds, vibrations, or chemicals that can all contribute to hearing loss. In some occupations, the risk of hearing loss is particularly high. For example, construction workers and factory workers are often exposed to loud noise while they are on the job. If you suffer from hearing loss caused by your job, you may be entitled to workers’ compensation benefits. Read on to find out more about hearing loss and workers’ compensation for those who live and work in California.

What Occupations Put Employees at Risk for Hearing Loss?

The Occupational Safety and Health Administration (OSHA) has set standards for workplace noise exposure that employers must adhere to. These standards are intended to help prevent hearing loss for employees, protect employees’ remaining hearing, and provide hearing protection equipment for those who work in loud environments.

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 Posted on January 05,2023 in Workers' Compensation

In workers’ compensation cases, there are too many employers who sometimes decide to discourage employees from filing for the benefits afforded to them under the California workers’ compensation program. Demoting employees or threatening to fire those who file a claim for benefits are some of the tactics these unscrupulous employers may use. An injured employee who finds themselves in this situation should know that there may be legal assistance available to ensure he receives both the workers’ compensation benefits as well as additional compensation for the employer’s actions.

Understanding Retaliation

Firing an employee because he filed for workers’ compensation is called “retaliation.” Under California law, retaliation is unlawful, and California courts have recognized an employee’s right to seek compensation for an employer’s retaliation. This right is in addition to any other fines that may be levied against the employer by governmental agencies for the same conduct. The rights are provided to employees because retaliatory discharge is considered to be against public policy.

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 Posted on December 27,2022 in Workers' Compensation

Working in a kitchen is one of the most physically demanding occupations, and kitchen work can be extremely dangerous. From sharp knives to hot grease and steam, kitchen employees face numerous potential workplace dangers. What can you do if you have been injured while working in a kitchen? An experienced California workers’ compensation lawyer can help you understand your rights as an injured worker and how to file a workers’ compensation claim.

Understanding Workers’ Compensation

If you have been injured while working in a kitchen—whether you work in a restaurant kitchen, an institutional or commercial kitchen, or any other type of kitchen—you may be entitled to workers compensation benefits. Workers’ compensation benefits in California are intended to provide financial assistance for medical bills, lost wages, and other expenses related to your injury.

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 Posted on December 20,2022 in Workers' Compensation

No matter the job, no matter the field, California workers’ compensation exists to provide assistance to those who are injured at work. Nearly all employers in the state of California are required to carry workers' compensation insurance, with minor exceptions. If you are hurt on the job, your employer is supposed to report your injury to the Division of Workers’ Compensation (DWC) so your benefits can begin. However, insurers and employers often attempt to deny workers’ compensation claims, even if they have merit. A workers’ compensation lawyer can help you claim your benefits if your employer does not want to cooperate.

Benefits Provided by Workers’ Compensation

To better ensure that you receive benefits in a timely manner, you must report your injury to your employer within 30 days of the accident or at the earliest time possible. The types of benefits you receive will depend on the extent of your injuries.

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 Posted on December 13,2022 in Workers' Compensation

Despite the availability of workers’ compensation benefits for those injured on the job, for many injured workers, one of the most pressing concerns is returning to work as soon as possible. Whether this is due to a strong work ethic or a realization that in some cases workers’ compensation benefits may not be enough to fully compensate an employee who is unable to perform his or her job duties, some injured workers’ desire to get back on the jobsite is so strong that they may end up doing more harm than good – both to their workers’ compensation case and to their health.

Your Doctor’s Orders Should Prevail 

In deciding whether to return to work, you should always pay attention to the recommendations of your treating physician. This doctor will be the person in the best position to recommend returning to work or remaining off of work for a few more days. If you believe you are ready to return to work, your doctor may be able to allow you to return to work—provided that you adhere to some limitations or restrictions (in some cases). Returning to work without your doctor’s permission can not only jeopardize your health and safety (and that of your coworkers), but it can also cause difficulties for your workers’ compensation claim and benefits.

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 Posted on December 06,2022 in Workers' Compensation

Anyone who has ever suffered a back injury knows just how painful these injuries can be. When a work-related incident leads to a back injury, the worker can be left with limited capabilities. Some back injury sufferers are unable to work at all. Back pain is the leading cause of disability across the globe.

Auto accidents, strenuous activities, and repetitive stress are just some of the ways workers can suffer neck and back injuries while on the job. The results of a serious back injury can affect an individual’s life professionally, financially, physically, and psychologically.  

Workplace Accidents and Repetitive Strain Can Lead to Back Injuries

Sometimes, a spine injury is the result of a sudden accident like falling or being involved in a car crash. Other spine injuries are the result of repetitive stress. Sitting in an ill-fitting office chair, standing all day, or carrying heavy objects can lead to repetitive stress back injuries. A serious back injury or neck injury can affect nearly every aspect of a person’s life.

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 Posted on November 28,2022 in Workers' Compensation

An employee who suffers a work-related injury or illnesses is likely to be entitled to financial compensation through their employer's workers' compensation insurer. The injured person may be eligible for benefits to cover medical expenses such as hospital care and medication, as well as part of their lost income and other considerations.

Unfortunately, recovering compensation through workers' compensation is not always straightforward. Many different issues may complicate the process. Employers and workers’ compensation insurance companies may attempt to reduce or eliminate the employee's workers' compensation benefits. Sometimes, insurance companies even conduct surveillance on injured employees, ostensibly hoping to prove that the employee is not as injured as they claim to be.

Workers' Compensation Surveillance Tactics

Insurance companies seek to minimize payouts to injured employees whenever possible. One way insurance companies may try to get out of paying workers' compensation benefits is to challenge the validity or extent of the employee's injuries. The insurer may conduct surveillance of the injured person in an effort to "catch" the employee acting in ways that suggest their injuries are fabricated or exaggerated.

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