If you are an independent contractor, you are not eligible to receive workers’ compensation benefits in the state of California.
However, some employers misclassify employees as independent contractors. Has this happened to you?
Misclassification and the denial of a workers’ comp claim
What benefits can you get under workers’ compensation?
When you experience an injury or develop an illness as a result of your work environment, you may be able to secure workers’ compensation benefits through your employer to help you get by while you cannot work. You may be able to obtain workers’ compensation benefits for any number of different reasons. While, in some cases, you may pursue them after specific, one-time injuries, in others, you may need them because of injuries or illnesses that develop over time.
Just what types of benefits might you be able to secure in the wake of an on-the-job accident or after developing an illness caused by work-related circumstances?
Workplace safety tips for retail workers
Working in a retail store may not seem very dangerous. In fact, you may view it as harmless or mundane. But there are numerous hazards in retail stores that can injure you. If you suffer an injury from a workplace accident, you may need to take time off work and deal with costly medical bills. Thankfully, you can pursue a workers' compensation claim to cover these costs.
But it is ideal to not get hurt in the first place. Unfortunately, you cannot prevent every type of accident. But you can take a few steps to make your job safer.
Most important deadlines when filing a workers' comp claim
After suffering an injury at work in California, you need to begin the claims process as soon as possible. There is no time to waste. Your employer should provide you with a claim form within one day of learning about your injury, and you need to fill it out posthaste.
Workers' compensation claims frequently receive denials. One common explanation for why this occurs is that the employee failed to meet a deadline for a vital piece of paperwork. You can still get coverage by appealing the decision, but everything becomes delayed. Here are important deadlines you should not miss as you go through the workers' compensation process.
Protecting yourself from repetitive stress injuries
Like most residents of Redding, you work hard to provide for your family. Whether you love your job or merely tolerate it, you should not have to worry about sustaining a serious injury at work. Still, your employer may require you to perform the sort of repetitive tasks that can cause long-term harm.
When you are at work, you always comply with safety procedures. Even with your best efforts, though, you may develop a repetitive stress injury. To ensure you can continue to work, you may need to exercise your legal right to pursue compensation for injuries sustained on the job. You should know, however, that not all injuries involve broken bones or bloody wounds.
Can you get workers' comp for carpal tunnel?
With an increasing number of employees around the country sitting at a desk for hours on end at work, many people have begun to develop carpal tunnel syndrome. Carpal tunnel occurs when the tunnel in the wrist becomes too narrow, which puts an immense amount of pressure on the median nerve. It can result in a great deal of discomfort as well as weakness, tingling and numbness.
Workers' compensation most often applies to significant injuries that take place at work, such as slip and falls. However, workers' comp can sometimes apply to instances of carpal tunnel. The employee will need to provide evidence that his or her duties directly correlate to the condition because in some cases, carpal tunnel is a genetic issue.
Why should I report my workplace injury in California?
If you suffer an injury on the job, especially if it is not a necessarily serious injury, you may be wondering if you should report it to your employer. Many employees choose not to report workplace injuries because they fear they may lose their job or experience other forms of retaliation by their employer.
The bottom line, however, is that it is critical that you report your workplace injury in California as soon as it happens, or as soon as you become aware of the injury. Waiting to report or deciding not to report can have serious consequences for you, your health and your finances as time goes on.
Some reasons employers wrongly deny a workers' comp claim
Many employers are understanding and responsive when it comes to workers' compensation claims. They approach the matter from a position of trust, knowing that if they treat their employees well, their employees have less incentive to try to file a false claim.
However, there are some employers, even those that appear ethical, who deny workers' compensation claims for dubious or outright wrong reasons. Here are a top few.
Can I receive benefits for nonaccident injuries and illnesses?
As an employee in the Redding area, you may be under the impression that you cannot receive workers’ compensation benefits unless a workplace accident caused your injuries. It is true that injuries that occur on the job are usually compensable with workers' comp benefits.
However, if you suffer certain health conditions, fall ill or incur injuries while on the job, you may also qualify. Here is a brief overview of workers’ compensation benefits and nonaccidental workplace injuries.
Is a lawyer necessary for a workers' compensation claim?
When you suffer an injury on the job, the first thing on your mind after seeking medical attention is obtaining financial compensation to pay for the medical bills and lost wages. You may be in such a hurry to receive the money that you forgo hiring a lawyer out of fear that doing so will make the claim take longer.
However, the opposite is usually true. Not having an attorney help you generally leads to a delay in benefits. The following are even more reasons to hire a lawyer when filing a workers' compensation claim.
