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How Do the Laws Protect Against Workers’ Compensation Discrimination?
A workplace accident or injury can lead to multiple types of difficulties that may affect a victim’s personal and professional life. While workers’ compensation benefits will usually be available to anyone who has suffered a work-related injury, there are some situations where workers may be hesitant to pursue these benefits out of fear that they will face consequences at their job. However, worker’s are protected against workers’ compensation discrimination, and they should be sure to understand their rights in these cases. This can ensure that they will be able to receive the benefits they deserve while preventing their employer from taking illegal actions against them.
What Is Workers’ Compensation Discrimination?
Every employee has the right to file a workers’ compensation claim and receive medical benefits, temporary or permanent disability benefits, or other applicable benefits following a work-related injury. It is illegal for an employer to penalize an employee for filing a workers’ comp claim, reporting a work injury, or otherwise asserting their rights.
How Can an Injured Worker Address Willful Misconduct by an Employer?
When a person is injured in a workplace accident or experiences injuries, illnesses, or other health issues that arose out of the work they had performed, they will usually be able to receive workers’ compensation benefits. Most of the time, these benefits will be available no matter who was responsible for an injury. An employee will not need to show that their employer acted negligently or otherwise caused them to suffer harm, and as long as they can show that their injuries were work-related, they will be able to receive medical benefits and temporary or permanent disability benefits. However, there are some situations where an employee may be able to receive additional compensation if they can demonstrate that they were injured because of “serious and willful” misconduct by their employer.
What Types of Injuries Do and Do Not Qualify for Workers’ Comp?
For people who are injured while at work, workers’ compensation can provide them with benefits that address the effects of their injuries. To ensure that they will be able to make a full recovery, medical benefits will fully cover all expenses related to the treatment a person receives. If a person will miss work or lose income because of their injuries, they may qualify for temporary disability benefits while they are recovering, or they may receive permanent disability benefits to address an injury that will affect their ability to work and earn income in the future. While these benefits will be available for injuries that are considered to be work-related, some confusion may arise about whether a specific type of injury is covered by workers’ comp.
Common Workers Compensation Injuries for Truck and Delivery Drivers
Truck drivers and delivery drivers are an increasingly important part of our economy. The volume of trucks on the road has been increasing in California and is projected to continue to grow. If you drive for a living or driving is part of your job, you know the risks you run every time you get behind the wheel. You can face danger not just from other vehicles on the road but also from the repetitive stresses of driving and from loading or unloading cargo.
Types of Injuries Truck Drivers and Delivery Drivers Suffer
Traffic-related accidents account for most of the serious work-related injuries and deaths of truck drivers. If you are involved in a traffic accident, your injuries may have a wide range of severity, including:
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Minor cuts and bruises
How Are Permanent Disabilities Handled in California Workers’ Comp Cases?
When a person suffers a work-related injury, they will usually be able to receive workers’ compensation benefits. Employers are required to maintain workers’ compensation insurance, and their policies provide coverage for all employees who are injured in workplace accidents or for other reasons that are related to the work they have performed. Workers’ comp provides multiple types of benefits, including medical benefits that pay for all treatment a person receives following an injury, as well as disability benefits that address their loss of income. In many cases, disability benefits are temporary, and they will allow a person to continue receiving pay while they are recovering from their injuries. However, in cases where injuries will affect a person for the rest of their life, permanent disability benefits may be paid.
Types of Injuries That Can Occur in Workplace Slip and Fall Accidents
There are many different types of accidents that may happen in the workplace, and in these situations, workers will need to understand their rights and options. Slip and fall accidents are among the most common causes of work-related injuries. Even though these may seem like minor incidents that will not result in long-lasting harm, they can cause a variety of injuries that may affect a person in the days and weeks following an accident. In some cases, they can result in ongoing health issues or permanent disabilities. Workers who are injured in fall accidents will need to understand the types of workers’ compensation benefits they can receive to address the effects of their injuries.
Common Slip and Fall Injuries
There are many reasons why slip and fall accidents may occur, including wet floors, damaged sidewalks, potholes in parking lots, or tripping hazards such as torn carpets or extension cords in an office or other locations. A person who slips and falls may experience injuries such as:
What Are My Options if I Am Injured at Work by Faulty Equipment?
There are many reasons why work injuries occur. While some injuries may be the fault of an employee who did not follow the correct safety practices, many are caused by the negligence of other parties. In some cases, an employer may fail to provide employees with the proper safety equipment or training, or they may fail to ensure that equipment is properly maintained. Equipment-related injuries may also occur due to design or manufacturing defects. Fortunately for people who are injured by faulty or defective equipment while on the job, workers’ compensation benefits will usually be available to address their medical expenses and any temporary or permanent disabilities. By understanding the types of equipment-related injuries that can occur and the steps they can take following an injury, a person can make sure they will be able to receive the benefits they deserve.
When Will the Workers’ Compensation Appeals Board Review a Denied Claim?
For those who are injured while on the job, workers’ compensation can provide essential benefits, ensuring that their medical care will be paid for and that they will be compensated for some of the income they have lost. However, there are some situations where workers’ comp claims may be denied. In these cases, injured workers will need to understand their options for filing an appeal, including when their case may be heard by the California Workers’ Compensation Appeals Board (WCAB).
Requests for Reconsideration Before the WCAB
While all work-related injuries should be covered by workers’ compensation, regardless of who was at fault, there are a variety of reasons why a person may be denied benefits. An employer or their insurance company may believe that a person’s injuries were not work-related, or they may claim that certain types of medical treatment are not necessary. Disputes may also arise regarding whether an injury has resulted in a disability, and a worker may be denied temporary or permanent benefits that should address the loss of income they have experienced.
How Long Do Temporary Disability Benefits Through Workers’ Comp Last?
A serious injury can cause a great deal of difficulty in a person’s life, but those who are injured while working will often be eligible for workers’ compensation benefits that can ease some of the burden. When an injury is serious enough that it limits a person’s ability to work while they are recovering, temporary disability benefits will provide the person with compensation for some of the income they have lost. However, as the name implies, these benefits will only last for a certain amount of time, and workers who are subject to limitations on the work they can perform following an injury will need to understand how long they can receive benefits.
Understanding the Limits on TTD and TPD Benefits
A person will be eligible for temporary disability benefits if they require overnight hospitalization following an injury or if the doctor who provides treatment following an injury determines that they will be unable to return to work for at least three days. Temporary disability benefits will provide compensation for the income lost due to the inability to work at the level that would allow a person to earn the wages they received before they were injured.
Can Office Workers Get Workers’ Comp for Repetitive Stress Injuries?
When people think of workplace injuries, they are likely to picture serious accidents that result in significant bodily harm. While the need for workers’ compensation benefits may be evident in these cases, there are a variety of other injuries that workers can experience. Even though working in an office is not considered to be a high-risk occupation, office workers can be injured in multiple ways. These workers may experience repetitive stress injuries that may be caused by several different factors. Fortunately, all employees are eligible to receive workers’ comp for injuries that arose out of the work they have performed. By understanding the different types of repetitive stress injuries that may occur, office workers can make sure they provide the correct information to qualify for benefits.