Free Consultation408-848-1113
7459 Monterey St., Suite A, Gilroy, CA 95020
Recent Blog Posts
Can I Choose My Own Doctor for My Workers’ Comp Case?
If you are injured at work in California, the doctor who treats you can have a major impact on your recovery and workers' compensation claim. California law allows some flexibility in choosing your healthcare provider, but there are specific rules that must be followed when attempting to demonstrate that your injuries are work-related. A qualified California workers’ compensation attorney can help you navigate your claim while ensuring that your rights are protected.
How Do I Choose a Doctor after a Workplace Injury?
In California, your ability to choose your own doctor depends on certain conditions:
Initial Treatment
When someone suffers a workplace injury, their employer typically has the right to choose the doctor who provides the initial treatment. This is because employers in California often have a Medical Provider Network (MPN), which is a group of doctors approved to treat workers' comp patients. If this is the case, the doctor who sees you during your first medical visit after the injury must be in that network for your first medical visit.
Options If Employer Refuses to File a Workers’ Comp Claim
California’s workers’ compensation laws are designed to protect employees who suffer work-related injuries or illnesses. Financial compensation can never take away the pain and suffering, but it can help a victim by providing the financial means to go through treatment and recovery at a time when medical bills can add up, and work may not be possible.
Employers are legally required to provide workers’ compensation insurance and report injuries promptly. If your employer refuses to file your claim in an attempt to avoid increased insurance premiums or potential liability, speak with a skilled California workers’ compensation lawyer to understand your options and take appropriate action.
Is My Employer Required to File My Claim?
Under California law, when someone is injured at work, their employer is legally required to:
- Provide workers’ compensation coverage.
Workers' Compensation for Injuries in Client's Homes
When you work in a designated workspace like an office or a warehouse, your employer can take steps to make sure employees are working in a reasonably safe setting. If your work involves visiting your customer’s homes, you are likely to be confronted with quite a few different hazardous conditions. Every customer’s home is different - some may be clean and in good condition, while others may be in dire need of repairs. Simply working in a place you are not familiar with raises the risk that you might be injured by a hazard you did not know to look out for, such as a loose step or an unsecured power cord. Fortunately, workers who are injured while carrying out their job duties in a customer’s home are generally eligible for workers’ compensation. An experienced Gilroy, CA workers’ compensation attorney can advocate for you to receive the benefits you need.
Common Dangers in Customers’ Homes
In a perfect world, your clients would take steps to make sure their homes are reasonably safe for people who are working in them. Some of the hazards workers who routinely enter their clients’ homes may face include:
If I Work Remotely, Am I Covered by Workers’ Comp?
No matter where you work, there is always the chance that you could sustain on-the-job injuries. The same is true whether you work in a store, factory, hospital, or home office. Internet-based work and meeting options have dramatically expanded the possibilities for work locations. The U.S. Bureau of Labor Statistics reports that almost 20 percent of workers performed at least some of their work from home in August 2023.
California employers are required to maintain workers’ compensation insurance policies for their full-time employees. As more people choose to work remotely, the question may arise as to whether full-time remote employees get the same benefits as on-site employees. Although you may be covered, it can be harder to prove that your injury is work-related. Even with clear evidence, the insurer may try to reduce or deny your benefits. A skilled San Benito County, CA workers’ compensation attorney can work on your behalf to see that you get the full benefits you are entitled to.
Can I Claim Workers’ Comp for Indoor Heat-Related Illness?
Working outdoors on hot days can lead to heat-related illnesses, but indoor workplaces can also be extremely hot. In July 2024, a new Cal/OSHA regulation went into effect. This new standard intends to protect indoor employees from heat illnesses and requires most employers to follow several safety measures.
If you suffer from a heat illness while you are at work, your employer’s workers’ compensation policy should cover various expenses. Unfortunately, insurance companies routinely attempt to pay you less than they should. A knowledgeable Gilroy, CA workers’ comp attorney can evaluate your situation and help you get the benefits you deserve.
What Are the New California Indoor Heat Protections?
Many indoor workplaces can get uncomfortably hot, and most of them are subject to the new Cal/OSHA regulations. Warehouses, restaurant kitchens, and manufacturing facilities are prime examples. The applicable regulations differ somewhat:
Top 6 Causes of Injury For Delivery Drivers
Delivery drivers have a more dangerous job than most people recognize. Not only are delivery drivers on the road all day, but they are also entering people’s property, where they may encounter any number of hazards. Delivery drivers frequently face dangers such as aggressive dogs, unsalted icy driveways, and porches in poor repair. It is rare for a delivery driver to go his or her entire career without experiencing at least a minor work-related injury. If you are hurt and cannot work, the workers’ compensation program can help. An experienced Santa Clara County, CA workers’ compensation lawyer can review your case and help determine what benefits you might qualify for. Workers’ compensation may cover your medical bills, lost wages, and more.
Will Workers’ Compensation Pay for Job Training if I Have to Change Careers?
It is very common for blue-collar workers with physically demanding jobs to suffer injuries that will not allow them to go back to the jobs they had before, but would allow them to work in a different career. However, tradesmen often have very specific job skills that do not easily translate to another line of work. If your injuries will not allow you to go back to your old job, but you are interested in going to college or learning new job skills so that you can keep working in a different industry, you might be eligible for the Supplemental Job Displacement Benefit (SJDB). Your Gilroy, CA workers’ compensation attorney can help you pursue this benefit if you qualify.
Workers With Permanent Partial Disabilities May Qualify for Job Displacement Benefits
To qualify for the SJDB, you need to have a permanent partial disability. A permanent partial disability means that your injury will have a permanent effect on your abilities, but that you can still perform some work. Most people with permanent work-related injuries meet this criteria, as injuries that cause total disability are fairly rare. If you would be able to keep working if you had a white-collar desk job instead of your more physically demanding job, you probably have a partial disability.
The Most Common Injuries Farm Workers Suffer
Working on a farm is not for the faint of heart. The hours are long, and the work is very physically demanding. Farm work can also be dangerous. There is a reason farm safety is heavily regulated. The heavy machinery used on a farm contributes to a lot of injuries. Even when farming equipment is used with care, it can still contribute to accidents. Livestock are also a leading cause of injury among farm workers. Even experienced animal handlers can be injured by a large farm animal. Because farms are located in rural areas, it may take help longer to arrive after an accident. Ambulances and fire rescue may be twenty minutes away or more, which makes farm accidents all the more dangerous. If you were injured while working on a farm, you may be entitled to workers’ compensation. You should speak with an experienced San Benito County, CA workers’ compensation lawyer as soon as possible.
Recognizing a Work-Related Repetitive Stress Injury
When people think of workplace injuries that would lead to a workers' compensation claim, they tend to think in terms of distinct accidents that might be fairly dramatic in nature. You might think of construction workers falling from scaffolding or factory workers losing limbs in abrupt machinery accidents. However, a large percentage of workplace injuries are what are called repetitive stress injuries. Repetitive stress injuries do not happen suddenly as a result of a particular accident. Instead, they come on gradually over time. It is not always obvious to an employee when he or she has sustained a repetitive stress injury, and medical evaluation is usually needed. If you have suffered a repetitive stress injury at work, an experienced Gilroy, CA workers’ compensation attorney may be able to help you get the benefits you need to take time off from work and have your injury treated.
The Most Common OSHA Violations
As anyone who works in a high-risk occupation will be quick to tell you, safety rules are written in blood. OSHA regulations exist to prevent people from getting hurt at work. New regulations are often developed in response to actual accidents that have befallen workers in the past. Employers have a duty to take workplace safety seriously and comply with all applicable safety rules and regulations, including laws and industry standards. When an employer habitually allows safety rules to be broken, it is only a matter of time before someone gets hurt. If you were injured because your employer failed to enforce safety rules, you may be eligible for workers’ compensation. You should reach out to an experienced Gilroy, CA workers’ compensation attorney as soon as possible after experiencing a workplace injury.
Commonly Violated Workplace Safety Rules
A few of the most commonly cited OSHA standards in 2023 include:
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.
