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Did Your Job Worsen a Pre-Existing Medical Condition? You May be Entitled to Workers’ Compensation
Most people struggle with one or more medical conditions at some point in their lives. Whether you have an old sports injury, a degenerative disease, or hearing or vision problems, managing the condition’s symptoms may be a constant struggle. So what happens when work tasks aggravate an existing medical concern? Is the injured worker entitled to financial compensation through workers’ compensation? Is the worker barred from financial recovery because he or she had the condition before being hired?
California Workers’ Compensation Typically Covers Aggravation of Pre-Existing Conditions
Many people assume that they cannot get workers’ compensation for a medical issue that existed before starting their job. Fortunately, California workers’ compensation does cover situations in which a person’s job worsens a pre-existing medical problem. Unfortunately, it is often difficult to get the compensation you need for a pre-existing condition. To get reimbursement for medical bills and lost wages through your employer’s workers’ compensation insurer, you must prove that:
Can I Get Workers’ Compensation for a Disease or Illness I Acquired at Work?
Workers’ compensation is typically associated with traumatic workplace incidents such as falls or equipment-related accidents. However, California workers’ compensation may also cover illnesses and diseases that a person acquires at work. If you have fallen ill and the condition is work-related, you may be entitled to compensation for medical bills and part of your lost income. Unfortunately, workers’ compensation claims involving illnesses are often harder to prove than other types of worker’s compensation claims.
What Types of Illnesses May Be Covered by Workers’ Compensation?
California covers injuries and illnesses resulting from the work environment and/or completing work tasks. So, if your illness or disease can be linked to job duties or the workplace, you may qualify for compensation. Some illnesses that often lead to workers’ compensation claims include:
Traumatic Brain Injuries and Workers Compensation in California
Our brains control everything from walking to problem-solving. When the brain is damaged in a work accident, the worker may be left with severe symptoms that significantly impact his or her life. Fortunately, most injured workers are entitled to compensation through their employer’s workers’ compensation insurance. Unfortunately, obtaining workers’ compensation is sometimes a difficult process. In situations like these, a workers’ compensation lawyer can be an extremely useful asset.
Symptoms of a Brain Injury Can Be Subtle at First
A traumatic brain injury (TBI) occurs when the brain is directly damaged by an object penetrating the skull or, more commonly, when a force causes the brain to strike the inside of the skull. Falling, being struck by objects, and equipment-related accidents are some of the most common on-the-job causes of TBI. One factor that can make TBI especially dangerous is that many TBI sufferers do not immediately realize how badly they are injured. Some symptoms are delayed by hours, days, or longer. Symptoms of TBI often include:
How to Avoid the Top Three Workers’ Compensation Mistakes
Fortunately, employees who are hurt on the job in California typically have access to reimbursement through workers’ compensation. While the law entitles most injured workers to compensation for medical expenses and a portion of their lost income, successfully obtaining this compensation is not always easy. There are specific steps an injured worker must take to get compensation after a work injury. Additionally, some mistakes can derail the process of obtaining compensation.
Mistakes That Can Impair Your Ability to Get Workers’ Compensation After a Work Injury
Work injuries can occur during a sudden accident such as falling, or slowly over time due to repetitive motions like bending or twisting. Whatever the cause, a work injury can damage your ability to earn a living. These injuries may also lead to steep medical expenses. Ideally, getting the compensation you need for these financial losses would be straightforward. Unfortunately, obtaining workers’ compensation is sometimes quite challenging. To give yourself the best chances of getting adequate compensation after a work injury, avoid these mistakes:
I am a Firefighter Who Was Diagnosed with Cancer. Can I Get Workers’ Compensation?
Being a firefighter is one of the most dangerous jobs a person can have. However, traumatic injuries like burns or broken bones are not the only type of medical concern that may afflict a firefighter. Firefighters are also exposed to toxic fumes and carcinogenic substances in the course of their work that can cause cancer. If you are a firefighter who has been diagnosed with cancer, you may be entitled to financial compensation through workers’ compensation.
How Do I Prove My Cancer is a Work-Related Illness?
Workers’ compensation only covers injuries and illnesses that were acquired during the course of employment. Illnesses like cancer can take months, years, or even decades to show up on medical tests. You may wonder how you can prove that your cancer is a work-related illness. Fortunately, firefighters, peace officers, and the Department of Forestry workers are specifically addressed by California workers’ compensation laws.
Can I Get Workers’ Comp if the Injury Was My Fault?
Ideally, workplace accidents would never happen. Unfortunately, even the safest workplaces experience employee injuries. If you were hurt in a workplace accident, you may have questions about your ability to get reimbursement for medical bills and lost income through workers’ compensation. You may wonder, “Can I get compensation if I caused my injury?” Typically, workers’ compensation coverage is “no-fault” meaning that an employee is covered even if he or she was at fault for the accident or injury. However, there are exceptions to this rule.
Criteria for Workers’ Compensation Coverage in California
To know if you can get financial reimbursement through workers’ compensation, you must first determine if you qualify for workers’ compensation coverage. Employers with one or more employees are required to have workers’ compensation insurance per California law. Full-time, part-time, and seasonal employees are covered by workers’ compensation. If you are an independent contractor, you most likely do not qualify for reimbursement through workers’ compensation.
Have You Been a Victim of Workers’ Compensation Retaliation?
California law requires employers to carry workers’ compensation insurance. This insurance is designed to cover medical bills and partial lost wages for workers who are hurt on the job. California law also prohibits employers from retaliating against employees who have filed a workers’ compensation claim. Employers cannot fire or otherwise discriminate against a worker simply because he or she filed for workers’ compensation. Victims of workers’ compensation discrimination may be entitled to job reinstatement, additional financial compensation, and reimbursement for lost wages.
What Actions Are Considered Discriminatory?
Some employers are irritated by an employee filing a workers’ compensation claim – even when the employee has a legitimate work injury and is rightfully entitled to workers’ compensation benefits. The employer may take out this frustration on the employee by treating him or her differently than the other employees. Not only is this practice unethical, it is also unlawful. Employers who discriminate against an employee because of a workers’ compensation claim, settlement, or award are guilty of a misdemeanor criminal offense.
California Senate Bill Would Require Certain Contractors to Carry Workers’ Compensation Insurance
While some professions are more dangerous than others, a workplace injury can happen to anyone. Some work injuries are the result of a one-time incident such as a slip and fall or equipment-related accident. Other injuries are caused by months or years of repetitive stress on certain body parts. Whatever the cause, work-related accidents can incur a significant financial burden on injured workers and their families. Workers’ compensation is intended to relieve this financial burden, however, workers’ compensation is not available to all workers. Supporters of Senate Bill 216 say that the legislation is one step toward making workers’ compensation available to a greater number of California workers.
Supporters of SB-216 Say That Many Contractors Lie About Having Employees
California law requires employers to carry workers’ compensation insurance. However, contractors who do not have employees are exempt from this requirement. Of the nearly quarter-million contractors in California, over half report no employees. However, some believe that many of these contractors are lying. The author of SB-216, California State Senator Bill Dodd, has stated that contractors who falsely claim exemption increase the cost of workers’ compensation for others. This gives the contractors an unwarranted financial advantage over other contractors. Moreover, these falsifications leave injured workers without the protection they deserve. The costs associated with ambulance transportation, hospitalization, and ongoing medical needs resulting from a work injury can quickly add up to staggering amounts. When combined with lost wages from missed work, a serious work injury can nearly bankrupt an injured worker.
As California Heats Up, Know Your Rights Regarding Heat Illness
It is hard to believe, but spring is just around the corner in Santa Clara. While many welcome the warmer weather, it is important to consider the effect that the heat can have on workers. Heatstroke, heat exhaustion, heat syncope, and heat cramps can affect both outdoor workers and indoor workers in high-risk occupations. According to the Centers for Disease Control and Prevention (CDC), approximately 700 heat-related deaths occur in the United States each year. Heat illness also leads to thousands of non-fatal injuries including injuries sustained because of fainting. Those who are hurt may be able to recover damages through a workers compensation or personal injury claim depending on the details of their case.
OSHA Guidelines for Safe Work Environments
Mandating COVID-19 Vaccine May Impact Workers’ Compensation Claims
This year has been unprecedented, to say the least, especially when it comes to safety in the workplace. As COVID-19 hit the United States, most businesses went fully remote, and almost one year later, many are still working from home. Those considered essential workers, however, were not given this option. Essential workers have been placed at a much higher risk of contracting COVID-19 than those who have been granted the benefit of keeping their job while also working remotely. The state of California recognized this and granted additional protective measures to those on the frontlines. With the vaccine now being administered, many workplaces are requiring their employees to get the vaccine before returning to work. Getting the vaccine may protect against COVID-19, but it has also left many with serious side effects and wondering if workers’ compensation is an option.
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.
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