Redding Workers’ Compensation Law Blog

Having your workers’ compensation claim denied can be a harrowing experience. It means that you will have to meet the costs of your medical treatment, and if you are unable to continue working, you will have no source of livelihood. Your financial security may be on the line. Given that you can appeal the denial, it is important to know what to expect in the process. It will increase your chances of a desirable outcome and, most likely, overturn the decision to deny your claim. Here is what you need to know. Understand The Reason For Denial Before setting out, you need to know why your claim was denied. Usually, it is indicated in the denial letter. Once you have...

Workers’ compensation offers both temporary and permanent benefits if someone cannot work because of a job-acquired medical condition. Broken bones are often injuries that people recover from quickly. After two or three months, the bone will heal, and another month of physical therapy and careful use can help regain full functionality in the affected body part. However, occasionally a worker who breaks a bone may need long-term or permanent benefits because of the fracture. When might a broken bone lead to lasting disability? When The Body Heals Improperly Sometimes, trauma like a fracture can cause lasting damage to nearby nerves tissue. Complex regional pain syndrome (CRPS) is a painful condition that people develop sometimes after breaking a bone. Instead of recovering from...

A workplace injury can turn your life upside down, end your career or even result in death. If you or someone you love has been hurt at work, you may be entitled to benefits through your employer’s workers’ compensation program. However, workers’ compensation benefits are never a given. Failure to comply with the workers’ compensation terms and requirements can result in the dismissal of your claim. Here are three common mistakes that can hurt your workers’ compensation claim. Failing To Report Your Injury And File Your Claim In Time According to California statute, a worker has 30 days effective from the date of the injury to notify the worker of the incident. Typically, the employer will advise you to file...

California is a very big state with millions of residents and thousands of medical practitioners. Thankfully, the size of the state and its population means a well-structured and funded workers’ compensation program. Unfortunately, the large size of the state can create challenges for those handling a complex workers’ compensation claim. Claimants May Need To Travel When someone working in California gets hurt on the job or diagnosed with a work-related illness, they will usually file a claim for workers’ compensation benefits. In scenarios where there is a disagreement about the treatment a worker requires, they may need to see a qualified medical examiner (QME). If their employer tries to claim that they didn’t get hurt at work, a worker may...

Spinal cord injuries are rare, but workers do suffer them on the job occasionally. Someone who drives as part of their job or who operates heavy machinery may have more risk of a spinal cord injury. Those who work at an elevation, such as window washers or tree removal professionals, could also hurt their spines if they fall on the job. Spinal cord injuries account for some of the most expensive workers’ compensation claims. Workers will likely require trauma care and physical therapy, if not surgery and prosthetic devices to help them recover after a spinal cord injury. They may also need months off of work or may never be able to work the same kind of profession again. Is...

Whether you work in an office, a restaurant or a factory, you have to perform certain physical functions to do your job every day. The longer you keep working in the same industry, the more likely it is that your job responsibilities will eventually damage your body. Constantly needing to twist, bend, grip or lift will cause small amounts of trauma. Spread out over many years, your minor discomfort from work could turn into serious pain and functional limitations. Can you count on workers’ compensation if doing the same job has become painful? Pain From Repetitive Use May Qualify You For Benefits If you have shooting pains in your forearms when you type or spasms in your back when you...

Putting an exact price on a specific injury depends on so many factors. What is crucial is not to sell yourself short. Let’s say you lose something small, like a finger. You may have seen people with missing fingers going about life as if nothing had happened. Does that mean you will be able to? Not necessarily. Here are two questions to ask yourself: How Does Losing A Body Part Make You Feel? If you wore a ring for a long time then removed it, you may occasionally feel that the ring is still there. If you lose a body part, you may also feel it is still there at times. Known as phantom pain, it is one of several ways...

Workplace injuries happen for many reasons, a lot of which may be out of your control as an employee. For instance, maybe your employer hasn’t given you the proper safety protection equipment or maybe the other employees you work with don’t work in a safe manner, putting you at risk. However, it is true that a lot of injuries suffered on the job are the fault of the person who is injured. Someone could do a poor job setting up a ladder up at the wrong angle, and then they could be injured when that ladder tips and they fall 20 feet to the ground. There’s no doubt that they caused the injury, so does that mean that they can’t...

Workplace accidents happen all the time. And while most workers recover fully from their workplace-related injuries, some do not and continue to experience medical challenges that render them unable to work. In the unfortunate event that your injuries aren’t ever going to heal, you may be eligible for permanent disability (PD) benefits under California workers’ compensation laws. Injuries And Illnesses That Fall Under Permanent Disability Permanent disabilities come from all kinds of injuries, in all kinds of occupations Here are some of the workplace-related injuries that are likely to result in a permanent disability: Traumatic brain injuries (TBI) Severe burns and scars Loss of a limb or fingers Spinal cord injuries Types Of Permanent Disabilities Before understanding how much your...

Workers and their employers often disagree about workers’ compensation claims. Although a company won’t pay out of pocket for an employee’s benefits, a major claim can increase the premium that they have to pay for workers’ compensation coverage in the future. Workers know that they need benefits, and employers have an interest in minimizing what workers receive. You know that you got hurt at work or developed your medical condition because of your job responsibilities. Maybe you have a repetitive stress injury from typing or using the same machinery every day rather than an injury from a specific incident. Your employer wants to insist that you got hurt outside of work and therefore workers’ compensation should not apply to your...

Workers across California are exposed to numerous risks each day. Often, these risks vary depending on the specific type of working environment. A unique aspect of slip-and-fall accidents is that they can essentially happen to anyone at any time. Nevertheless, there are factors that can increase the possibility of this type of incident. Understanding the common causes could assist with prevention. Outlined below are three of the leading causes of workplace slip-and-fall accidents. Wet And Slippery Floors There are numerous reasons why the workplace floor may become wet or slippery. For example, individuals may bring water in when conditions outside are rainy. Additionally, a failure to clean up spillages or to do so in an inappropriate manner can result in slippery...

Injuries sustained in a workplace can be specific, such as slip-and-fall injuries or cumulative injuries that take time. Cumulative trauma injuries develop over time and are caused by repetitive physical or mental activities that happen over a long period. Cumulative trauma injuries can cause a disability or the need for medical care. According to a recent report, cumulative trauma claims have been on the rise in recent years. It shows how big an issue this has become, and if you are a worker, you may want to check if you are a victim of cumulative trauma. Some common examples of such injuries include: Carpal tunnel syndrome affects the nerves on the wrists and causes pain or numbness on your hand Tendonitis,...

Temporary disability benefits are payments you get after you are injured at work, and your injuries prevent you from doing your job while recovering. Temporary disability pays up to two-thirds of the gross wages (pre-tax) that you lose while recuperating from your injuries. Under California law, you cannot receive more than the maximum weekly amount set at  $1,356.31. You are required to report to the claims administrator all the forms of income that you receive from work, including food, lodging, commissions, tips, overtime and bonuses. You should also report any earnings from work you did at other jobs when you got injured. When Do Temporary Disability Benefits Begin And End? It all rests with your physician. Temporary disability payments start when...

If you get injured on the job, the general advice is to report it to your supervisor as soon as you can. If it’s severe enough that you need to go to the hospital, of course, they’re going to know anyway. But many injuries are not that severe. Less severe injuries require you to make sure your company knows what happened, and you want to file an official report even if you consider the accident to be obvious in nature. Why is it so important to do this? It can help you get the workers’ comp benefits that you deserve. What Does The Department Of Industrial Relations Say? In terms of timing, the branch of the California government known as...

If you are hurt on the job, it’s important for you to consider working with an attorney to help you with your claim. You may not be sure why you need one or if you do, which is why it’s a good idea to go over some information about making a claim. When you make a workers’ compensation claim, you have to meet specific deadlines or stand to lose your opportunity to make a claim at all. You may get an opportunity to choose medical professionals for the qualified medical evaluator’s examination if you work quickly enough, so you’ll want to investigate whom you’d like to examine you before you select them. On top of all this, you may be...

When you make a workers’ compensation claim in California, state rules determine what benefits you receive. Immediately after your injury or diagnosis with a work-acquired medical condition, you can count on medical benefits paying for your treatment. You will also potentially qualify for temporary disability benefits if you have restrictions on what work you can do or you can’t work at all during your recovery. However, the state will not necessarily authorize indefinite medical care or disability benefits if your condition does not continue to improve. If full recovery isn’t possible, then benefits will likely shrink or end when your condition stops improving. Eventually, the physician treating you will determine that you have reached your maximum medical improvement (MMI). What...

If your spouse gets injured on the job, you know that workers’ compensation can pay for their lost wages, medical bills and things of this nature. The payments may not exactly equal what your spouse was earning, but they help you until he or she can return to work. But what if that will never happen? Say that the injury is so severe that your spouse passes away on the job. Now you have funeral expenses along with everything else and you will never have more earnings from that job. Can you still get workers’ comp benefits? Death Benefits Can Be Paid To A Worker’s Survivors The short answer is yes, that California workers’ compensation laws allow for death benefits, which can...

Those who work outdoors in California already have to deal with temperatures that regularly get into the 80s and 90s during the summer. That’s why California law details requirements for employers who have outdoor workforces. These requirements include things like the availability of fresh water and shade, sufficient rest breaks and training in how to spot signs of heat-related illness. Outdoor workers in parts of California where wildfires are burning face the additional danger of inhaling smoke and the toxic particles it may contain. Wildfire smoke can easily affect air quality miles away from the fires. The Farmworker Wildfire Smoke Protections Act That’s why California lawmakers have drafted a bill called the Farmworker Wildfire Smoke Protections Act. Farm and agricultural workers are...

A worker suffered a broken leg on the job after a piece of equipment fell on them. Now, they have to stay at home until their leg heals. This worker may be worried about losing their income while they are out, recovering. Temporary Disability (TD) benefits are one form of assistance for which they may be eligible. After the worker suffered a broken leg, they should receive medical attention through workers’ compensation. California law requires employers to buy workers’ compensation insurance so their employers won’t lose out on all of their regular income. The worker should request a DWC 1 claim form, which starts the process. Do I Have To Fill Out The Claim Form My Employer Gave Me? Injured employees fill...

Common traumatic injuries occur because you tried to lift something that proved to be too heavy or because you got struck by a falling piece of equipment. There will be an obvious and unquestionable triggering event that results in a physical injury. A surprising number of people working in California think that only straightforward job injuries entitle someone to workers’ compensation benefits. However, California’s workers’ compensation insurance program clearly extends protection to those who acquire a medical condition because of their jobs. In other words, coverage does not just apply to a sudden traumatic injury but also injuries that result from continuous trauma. Workers all over the state may daily add a little bit to their risk of a workplace...

If you suffer an injury at work or develop a job-related medical condition, you will likely apply for workers’ compensation benefits. Under California’s system, you need to have an evaluation performed by a qualified medical evaluator (QME) before you receive benefits. A QME helps determine if the condition is serious and if it requires medical care or a leave of absence from work. In cases where there is a question about whether a worker suffered the injury on the job or outside of work, the state might appoint not just one QME but a panel of three. The State Goes To Great Lengths To Avoid Bias Letting the employer or the worker choose the medical professional could lead to bias. If an...

Many injuries heal and end up just as strong and durable as they were before the injury occurred. If you break a bone, for instance, you will likely heal completely and not need to worry about it again. But what if you injure your back? This type of injury can put you out of work for a long time, and you may still feel nervous about reinjuring it after you do get back on the job. Is it more likely that this will happen a second time? It May Be, Though It Depends On The Injury All injuries are different. If you get hurt, you need to talk to your medical care provider, and they’ll be able to give you...

If you have been injured while performing your duties, the California labor law entitles you to a workers’ compensation for your injuries. However, it is imperative that you report your injury within the stipulated time limit to be eligible for compensation. Once this time limit elapses, you might no longer have a cause of action since your right to the compensation will be effectively barred. Reporting Your Workplace Injury In California If you are hurt at work in California, you will be required to report your work-related injury within 30 days. First, you should report the injury to your employer in writing. Remember, failure to report your injury or condition within 30 days may result in you losing your right to...

If you suffer a workplace accident and are injured, you can claim against your employer’s worker’s compensation insurance. The same applies if you become ill due to your job or workplace. Insurers do not hand out money freely and may try to settle early to minimize what they pay you. Therefore, you need to understand the full range of cover you are entitled to receive to ensure you do not lose out. Your Right To Benefits After A Workplace Injury Or Illness Here are the five things that workers’ compensation insurance can cover: Medical care: Medical bills can soon mount up. They might not be a short-term cost either, as you may require medical treatment or medicines for years to come. Temporary disability...