Posted on July 30,2021 in Workers' Compensation

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:

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 Posted on July 23,2021 in Workers' Compensation

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.

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 Posted on July 16,2021 in Workers' Compensation

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.

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 Posted on July 09,2021 in Workers' Compensation

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.

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 Posted on June 28,2021 in Workers' Compensation

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.

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 Posted on June 21,2021 in Workers' Compensation

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.

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 Posted on June 14,2021 in Types of Benefits

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.

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 Posted on June 07,2021 in Workers' Compensation

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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 Posted on May 27,2021 in Workers' Compensation

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.

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 Posted on May 20,2021 in Denied Claims and Appeals

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.  

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